Last Will and Testament Of
Allen Helm Sr.
Contributed by: Carol Lackey
Know all men by them present
that I, Allen Helm, of the County of Lafayette in the State of Missouri, being
in good health and of Sound mind, and Considering the uncertainty of life, do
therefore hereby make, publish, and declare this to be my last will and
testament hereby, revoking and annulling all former wills, by me heretofore
made.
First- I will all my just debts
to be fully paid.
second- I give, devise and
bequeath to my seven youngest children namely to Louisa Helm, Allen Helm,
Wesley Helm, Malinda Helm, Frances Helm, Charles Helm, and Nancy Helm the sum
of one Hundred and fifty dollars each, to be paid to them as soon after my
debts are paid as may be conveniently done.
Third- All the balance of my
estate real and personal of every kind and description after the payment of
the debts and legacies aforesaid, I give and devise to my wife, Elizabeth
Helm, for and during her natural life or so long as she remains my widow, and
at her death or marriage whichever event shall first happen the estate so
willed to my wife or so much thereof as shall then remain undisposed of, I
will to be divided unto twelve equal shares. One of which share I will and
give to each of my ten children., One share I give and will to my grand
Daughter Elizabeth Helm, daughter of my son Riley Helm, and the remaining
twelfth share I will to my said wife provided she shall then be living. But in
case of her death then this said Twelfth share shall be equally divided among
my said ten children and my said grand child above named giving to each the
equal one eleventh part thereof.
The Share to which my
daughter Elizabeth J. Barker wife of W. Barker may be entitled to under this
will I direct to be paid over to my said wife, as trustee, who shall hold and
control same for the sole and separate use and benefit of my said daughter
Elizabeth J. Barker, and in no event to be subject to the control or liable
for any debt or control of her husband. But the said Trustee may pay the same
to her, the said Elizabeth J., at such time as she may in her discretion think
proven.
In this event my wife shall
think it expedient so to do, she may sell all or any part of my estate at
public or private sale, and may invest the proceeds in other estate which
shall be divided among my children and grand Daughter above mentioned, in the
manner as herein before provided.
As witness my hand and seal
this 4th day of December 1854.
signed Allen Helm with seal
witnesses
L.M. Smallwood
N.M. Smallwood
This is a handwritten will,
clearly written and readable. It was written before the death of Elizabeth J.
Helm Barker husbands death, and before they left Missouri to come to
California.
It was given to Elizabeth Helm
by Allen Helm to be sealed and put in the trunk. It stayed there until the
time of his death in 1876. After he died Elizabeth took it to the courthouse
and presented it to the court. She could neither read or write, and had no
idea what the will said. She gave power of attorney to P. Y. Welch to follow
the requests Allen had laid out in his will.
