Nathaniel, a man of color v. George W. Coons
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To the Honorable John M. KrumJohn M Krum Judge of the Circuit CourtCircuit Court of St. Louis County:

Your petitioner, NatNat , a man of color humbly
represents to your Honor that he was purchased
and held as a slave by one MiltonMilton Duty, in his
lifetime, since deceased, that the said Duty
being then a resident of the State of MississippiMississippi
by his last will and testament, dated the 26th day of October 1836, directed that at his decease
your petitioner, among other slaves which he
then owned, should be manumitted and set
free and sent to the State of MissouriMissouri, of the
laws of said last mentioned State would permit
the same. Your petitioner further represents that
the said Duty removed your petitioner, amongst
other his said slaves, to the said State ofMissouri
MissouriMissouri, in the month of March 1837, and in
the month of August 1838 departed this life
in the city and county of St. LouisSt Louis and StateMissouri
of MissouriMissouri, having made no other will than
the one above-mentioned; that the said will
was, as your petitioner is informed and believes,
established and admitted to probate in the Pro-
bate Court of Warren CountyWarren County in the State ofMississippi
MississippiMississippi on the 26th day of November 1838,
and on the 22nd of June 1839, was recorded as
the last will and testament of the said Duty
in the County Court of St. Louis County and letter
of administration thereof granted to one GeorgeGeorge W Coons
WGeorge W Coons . CoonsGeorge W Coons of the said city and County of St. LouisCounty of St Louis,
who now, as your petitioner verily believes,
wrongfully and unjustly holds him in slavery
Your petitioner therefore humbly prays that he

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may be permitted to prosecute this his suit for
freedom as a poor person, that counsel be as-
signed him, and that the orders, prescribed by
Statute in such cases, be made in his be-
half, and as in duty bound he will ever
prays &c.

NathanielNathaniel his Mark

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State of MissouriMissouri
St. Louis County
ss.

This day personally came before
me the undersigned, the above named petitioner
NatNat , who being duly sworn on his oath says
that the facts Stated in the foregoing petition
are true to the best of his knowledge and be-
lief.

Sworn to and subscribed
before me this 4th Day of June 1844.

AlphonsoAlphonso Witmore WitmoreAlphonso Witmore

NathanielNathaniel his
Mark

Justice of the peace
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State of MissouriMissouri
St. Louis County
ss.

NatNat , a man of color plaintiff com-
plains of George W. CoonsGeorge W Coons defendant of a plea of trespass
and false imprisonment, for that the said de-
fendant on the tenth day of June A.D. 1844,
with force and arms, at the County aforesaid
assaulted the said plaintiff and then and there
beat, bruised, and ill-treated him, and then
and there imprisoned him, and kept and
detained him in prison there, without any
reasonable or probable cause whatsoever, for
a long time, to wit: for the space of six hours
then next ensuing contrary to the will of the
said plaintiff and contrary to the laws of the
State of MissouriMissouri:

And the said plaintiff avers that before
and at the time of the commission of the griev-
ances by the said defendant above mentioned, he
said plaintiff was and still is a free person
and that the said defendant held and still
holds him in slavery, against the peace of
the State of MissouriMissouri and the liberties of the
people thereof, and to the damage of the plain-
tiff, of five thousand dollars, wherefore he sues

Risque & TownsendTownsend
for plff.

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St. Louis Circuit CourtCircuit Court
November Term 1844,

NatNat . (a man of color)
vs.
George WGeorge W Coons . CoonsGeorge W Coons

Suit for freedom
Let Summons issues

Risque & TownsendTownsend

Make the usual
orders & R & T.
appointed as
Counsel
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County of St. LouisCounty of St Louis, ss.
The State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting:

We command you to Summon George W. CoonsGeorge W Coons if
he be found in your County that he be and appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to
be held at the City of St. LouisCity of St Louis, within and for the county of St. LouisSt Louis, on the
third Monday of November next, then and there to answer unto NatNat
a man of color of his petition for freedom
to the damge of said plaintiff
dollars: And have you then there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. LouisSt Louis, this eleventh day ofJune in the year of our Lord eighteen hundred and forty four

John RulandJohn Ruland Clerk.

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I acknowledge myself bound for all costs that may accrue in the above cause.

Witness my hand and seal, at St. LouisSt Louis, this day of 184

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Plea filed 15 p 292.Mo to dismiss & reasons therefore filed 16 p 202. mo overruled
16 p 247. Jury verdict for Deft Jany 27 1846. 17 p 59. Mo for new trial &c 17 p 64
mo overruled & bill of exceptions filed 17 p 76 mo & appeal filed same prosecuted 17 p 90

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No 35

St Louis Circuit CourtCircuit Court
November term 1844

NatNat (a person of Color
vs & summons
12th June
GeorgeGeorge W Coons WGeorge W Coons .CoonsGeorge W Coons

Suit for freedom

Risque & TownsendTownsend

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On hearing petition it is ordered that the petitioner be permitted to sue as
poor person to establish his right to freedom
and the Court doth assign Risque
& TownsendTownsend as his counsel and that he have reasonable liberty to attend the court
and his counsel as occasion may require
that he be not removed out of the jurisdiction of this Court
and that he be not subjected
to any severity an account of his applica-
tion for freedom.

John MJohn M Krum KrumJohn M Krum Jud 8th Cir

Filed June 11th 1844

John RulandJohn Ruland Clerk

free
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Executed this within the county
of St. LouisSt Louis on the 12th day of June 1844 by
offering to read it and the declaration for
George W. CoonsGeorge W Coons , the defendant which he refused
to hear Also by reading to the said GeorgeGeorge W Coons
W CoonsGeorge W Coons the orders of the Judge endorsed upon this writ

William MilburnWilliam Milburn Shff
by A. C. OsburnOsburn Depy

Fees $ 1.50
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NatNat (a person of color)
vs
George W. CoonsGeorge W Coons

In the St Louis CircuitCircuit Court
CourtCircuit Court
Nov Term 1844

And now comes the said defendant, George W. CoonsGeorge W Coons
by his attorney, and says that he is not guilty of the
said several supposed grievances or either of them
in manner and form as the same are by said
plaintiff in his declaration above charged and
alleged against him and of this he puts himself
upon the county &c

And for a further plea in this behalf the said
defendant says that the said def plaintiff was
not at the time of the commencement of this
a free person, in manner and form as in said
declaration above alleged against him and of
this he puts himself upon the country & c

J B Walker
atty for Deft.

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NatNat (a person of color)
vs
George W. CoonsGeorge W Coons

Plea

J B Walker
atty for Deft

Filed Nov 18th 1844

John RulandJohn Ruland Clerk

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NatNat
A Person of color
vs
Geo W CoonsGeorge W Coons adm of
MiltonMilton Duty Decd

In St Louis Circuit CourtCircuit Court
April Term 1845

And the said deft by his
attys comes and moves the Court to dismiss
and cause for the following reasons

1 Because the process issued in this cause
was illegal and granted withoutauthority of law

2 Because the said plff had no right to
institute an action without firstfinding an affidavit
according to the provisions of the statute
in such case made & provided

3 Because there is no sufficient affidavit filedherein

4 Because said supposed affidavit
is informal & insufficient & illegal

5 Because said plaintiff being a negro
he could not make an affidavit against
the deft who is a white man

6 Because the said complaint & affidavit
are in other respects informal & insufficient

7 Because the Clerk acted without legal
authority in permitting the plaintiff to sue
in manner aforesaid

WalkerWalker Hudson & HudsonWalker Hudson atty for
deft

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NatNat of color
vs
Geo W CoonsGeorge W Coons admn,

Motion to dismiss

WalkerWalker Hudson & HudsonWalker Hudson
attys for deft

Filed 9 May 1845

John RulandJohn Ruland Clerk

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NatNat of Color
vs
George W CoonsGeorge W Coons

We the jury in the above
entitled cause find the defendant not guilty
in manner & form as charged in the
plaintiff's declaration

A Bryanforeman

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NatNat of color
vs
Geo W. CoonsGeorge W Coons

Verdict for Deft

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NatNat (a person of color)
vs
Geo. WGeorge W Coons . CoonsGeorge W Coons

In St Louis Circuit CourtCircuit Court

And now comes the said plaintiff by his attorney
and moves the Court toset aside the verdict of
the Jury, rendered in this cause, and for a new
trial for the following reasons, viz:

1. Because said verdict is against law.

2. Because said verdict is against the evidence given in
said cause.

3. Because said verdict is against the weight of evidence.

4. Because said verdict is against law and evidence.

5. Because the court rejected legal & competent evidence
offered by said plaintiff.

6. Because the Court misinstructed the Jury.

7. Because the Court refused to give legal instructions
asked by said plaintiff.

8. Because the Court admitted illegal & improper evidence
on the part of the defendant in which were objected to
by to plaintiff -

Jas B.Townsend
for plff.

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St. Louis Circuit CourtCircuit Court

NatNat (a person of Color)
vs
Geo. WGeorge W Coons . CoonsGeorge W Coons

Motion by plff. for new
trial

Filed Jany 28. 1846

Jn. RulandJohn Ruland Clk

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NatNat (a person of color)
vs
Geo. W. CoonsGeorge W Coons

In St. Louis Circuit CourtCircuit Court

Be it remembered that on the trial of this cause
to wit : on the twenty seventh day of January A. D. 1846. the said plaintiff offerred in evidence
a certified copy of the record of the authenticated copy of the
will of MiltonMilton Duty decd. and probate thereof
as recorded in the probate court of St. Louis County,
which is in the words & figures following to wit:
(here insert said copy and certificates marked A.) to the reading
of which as evidence the defendant by his counsel
objected, and the court sustained the objection
and excluded said copy, to which exclusion
the plaintiff by his counsel then and there ex-
cepted ; the plaintiff then offered the original
authenticated copy of said will and probate thereof with the certificate of the clerk
of the county court of St. LouisSt Louis county that the
same were recorded in his office in the words & figures following (here
insert said copy and certificates, marked B.)
to the reading of which in evidence the defendant by his
counsel objectedand the objection was overruled and the court overruled
said objection allowed said that men-
tioned copy to be read to the jury ; the plaintiff then offerred
in evidence and read to the jury the following
extracts from the statutes of the State of MisMissouri-
sissipi No. 1 to wit (here insert § 2 page 385, of
the Statutes of the State of MississippiMississippi compiled
by V. E. HowardHoward and A. Hutchinson, published
in 1840 also insert § 11 at page 387, also § 12
page 388, also § 17 page 389, also § 18 of Article
of constitution of Mississipi, also § 1 & 2 pages
468 or 469, also § 10 & 12 at page 470, of same
statutes, compiled and published as aforesaid)
also said plaintiff offerred and in like manner

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read to the jury, the following section of the consti-
tution of the state of MississippiMississippi to wit : (here
insert the 18 section 4th Article of constitution
of state of MississippiMississippifrom page 26 of same
compilation). Plaintiff then examined as
a witness for him Richard Dowling, who
stated that he knew MiltonMilton Duty in his
lifetime, that said Duty was residing at the
time of his death in the city of St LouisSt Louis, state
of MissouriMissouri, that he recollected the time of
said Duty'sDuty's death, having been at his residing
a few minutes thereafter, that said Duty
was, in his opinion, upworth of 30 years
of age at the time of his death, that said
Duty, in a conversation which witness had
with him some few days before his death,
declared that he intended to fee free his slaves, some 30 in number
at his death, as he
had made a will to that effect, that
the negroes of said Duty were in the
city of St LouisSt Louis at the time of his death,
and that witness had seen the plaintiff
at the house of said Duty prior to his
death. Plaintiff then examined David
Adams, as a witness on his behalf, who stated
that he was acquainted with said Duty in
his lifetime, that said Duty, at the time
of his death, was residing in the lower part
of the city of St LouisSt Louis, near to witness, that
said Duty died in St. LouisSt Louis in the year 1837
or 1838, that he had been residing in
said city some months, witness could
not say how long, previous to his death,
that said Duty removed from the state of MississippiMississippi to the state of MissouriMissouri and brought

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marginvertical

Insert at (No. 1) in marginofBill
of Exceptions

[1A] no. 1 # The title page of which is in the words & figures following
to wit, (here insert title page of statutes) The defen
plaintiff that then produced Briggs, who testified
that he had practiced law some 8 years in the state
of MississippiMississippi, and that the said copy, of state the
statutes was the one generally used in that state
as the one printed by authority of law in that
State, and was procured by him from the clerk of
a Court of Record in that state- To the reading
of which extracts from said copy of the statutes
and to the testimony of said Briggs the defendant
objected, and the objection was overuled by the Court
and the defendant excepted to saiddecision overruling
the same, and the plaintiff then read in evidence
the following extracts from saidstatutes,

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his negroes with him from said state of Mis-
sissippi to said state of MissouriMissouri, that the plaintiff, here in court, is one of said Duty'sDuty's
negroes, but witness did not know his
name, that said Duty had some 25 or 30
negroes at the time of his death. Plaintiff
then examined James AdamsJames Adams , likewise a
witness for said plaintiff, who stated that
he was acquainted with said MiltonMilton Duty
now deceased, that said Duty lived in
the city of St. LouisSt Louis, and about 75 feet from
the residence of witness, that said Duty
died in said city in July or August in the year 1838 or 1839, that said Duty came to
St. LouisSt Louis from the lower country and brought
his negroes with him, that plaintiff's name
is NatNat , and that he said plaintiff NatNat
was one of the negroes of MiltonMilton Duty,
that witness had been said NatNat hired
out by said defendant as a slave at the Court House
door in St. LouisSt Louis about seven years ago and since the death of said Duty
and before the bringing of this suit and that said defendant at
Plaintiff then examined as a witness on his
twice hired him back at public auction as the administrator of said Duty
behalf, Dr. J. V. Prather, who stated that
he attended on some of the slaves of said
Duty, prior to his death, as a physician, that said Duty, was, at the time of his death, and had
been, for from two to four years prior thereto,
a resident of the city of St. LouisSt Louis State of MisMissouri-
souri, and had his negroes likewise in
said city and state, said negroes being
twenty or more in number, that witness
had seen plaintiff about the premises of
said Duty prior to his death, that said Duty
told witness that he came from the State ofMississippi
MississippiMississippi to the state of MissouriMissouri.

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Plaintiff thereupon rested his case

The defendant then offered and read in
evidence the following extracts from the statutary
of the State of MississippiMississippi to wit: (here insert
§ 47 at page 166 of same compilation of stats. of
MississippiMississippi above mentioned), also, said defendant
offerred in evidence, a reply the letters of ad-
ministration with the will annexed, upon
the estate of said Duty, granted to said
defendant by the County
(here insert said letters, marked 6.) to the reading of which in evidence, the plaintiff
by his counsel then and there objected, but
the Court overruled said objection, to which
ruling of the Court the plaintiff by his Coun-
sel then and there excepted, and said letters
were thereupon read in evidence. Defendant
then read to the Jury the following certifi-
cate of PeterPeter FergusonFerguson , Judge of Probate of
St. Louis County, to wit: (here insert said
Certificate marked D.) â Defendant
them offerred in evidence a paper purporting
to be an abstract of the demands established
against the estate of MiltonMilton Duty, deceased,
and the several settlements of George W. CoonsGeorge W Coons
administrator of said estate, from the year
1839 up to the year 1842, both inclusive,
in the words and figures following, to wit:
(here insert said Abstract and settle-
ments, contained in Exhibit 6 No. 1 in
answer of Geo. W. CoonsGeorge W Coons adn. of Duty) to
the reading of which in evidence the plain-
tiff by his counsel objected, but the Court overruled said objection and allowed said

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paper to be read, to which ruling of the Court
the plaintiff by his Counsel then and there
excepted. The defendant thereupon rested
his defense.

The plaintiff then offered and read in
evidence the following paper, purporting to
be an Inventory of Property belonging to the
estate of MiltonMilton Duty deceased, and affida-
vit thereto annexed, which paper is in
the words and figures following
to wit: (here insert paid
Inventory and affidavit, and the Certificate
of PeterPeter FergusonFerguson Judge of Probate, that
the same is a true copy of Inventory or )
said certificate being at foot of a settlement
of 1841 & included in above mentioned Exhibit
6 no. 1. in answer of Geo. W. CoonsGeorge W Coons of
Duty) justice rendering of which & certificate
the Defendant by his emerger objected, and the â
objection was overruled by the court, and exception to them by
the defendant to such overruling
Plaintiff then offered and read in evidence
a paper purporting to be settlements of said
Geo. W. CoonsGeorge W Coons adn. or, in the years 1843
and 1844, in the words and figures following,
to wit: (here insert said settlements and
certificate of Judge of Probate, marked
Exhibit A, No, 2) to the reading of which
defendant by counsel objected, but the
court overruled said objection and permitted
said paper to be read, to which reading
of the court the defendant by counsel then
and there excepted.. Plaintiff then offerred
and read in evidence the following paper purporting to
be a true of copy of the letters of administration

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granted to Geo. W. CoonsGeorge W Coons on then estate of MiltonMilton Duty
decd, to wit: (here insert said paper mark-
ed E.) To the reading, of which the defendant â
objected, and his objection was overruled by
the court and the defendant excepted the
decision of the Court overruling the same â
ro be read, to which ruling of the court
the defendant by his counsel then and
there excepted.. The plaintiff then offerred
to prove that, soon after the appointment of
said defendant Geo. W. CoonsGeorge W Coons , as administra-
tor of the estate of said MiltonMilton Duty, decd
he said CoonsCoons took into his possession assets
belonging to said estate, which, exclusive
of said plaintiff and other negroes belong-
ing to said Duty at the time of his death,
were much more than sufficient to pay
all the debts established against the estate
of said Duty, that he said defendant wasted
and squandered a large part of said assets,
that he collusively permitted demands against
said estate to be established and allowed,
at the time of said allowance barred by
statute, that whilst he was such admin-
istrator, and prior to the commencement
of this suit, he had bought in, at a large
discount, demands against said estate,
and procured the same to be allowed for the
whole original amount of said demand
and had that there was, at the time of
the commencement of this suit, in his
hands to be administered as such admini-
istrator, money, over and above what he
had thus squandered and wasted, more
than sufficient to satisfy all demands

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established against said estate, remaining
at that time unpaid, Plaintiff likewise
offerred to prove that the demands allowed
against said estate and placed in the 7th class
were at the time of said they were exhibited
to said administrator for allowance, barred
by the statute of this state, but were
permitted to be established without objection
on the part of said administrator, and
without his setting up or pleading the
statutory bar; also, that one of said
Plaintiff then offerred to prove by the
following records of the Probate Court of St. Louis
County, that one of said the allowance
of one of said claims in the 7th Class, to wit:
that of RobertRobert Strong, had been set aside
since the time of said allowance (here insert all of
said Record & transcript) marked which proof, offered as aforesaid by said plain-
tiff, the Court rejected, to which rejection
of by the Court the Plaintiff by his Counsel
then and there excepted. No further evi-
dence was offerred or given by either party.
The plaintiff thereupon asked the following
instruction to the Jury (here insert instruction
asked by plff., marked F.) which the court
refused to give, to which refusal the plain-
tiff by his counsel then and there excepted. The
Court thereupon instructed the Jury as follows
to wit: (here insert instructions given by Court
marked respectively G. & H.) to the giving of
which instructions the plaintiff by his Counsel
then and there excepted. The Jury there-
upon rendered a verdict for the defendant
which verdict the plaintiff, afterwards
to wit, on the 28th day of January 1846

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moved to set aside and that a new trial ought
be granted to the plaintiff, for the following
reasons annexed to said motion, which
said motion and reasons in support there
of are in the words and figures following
(here insert motion & reasons for new trial)
which motion the court, afterwards, overruled
to which ruling of the court the plaintiff
by his counsel then and there excepted. The
plaintiff prays that this his Bill of exceptions
may be signed by the Court and made part of the record, which is done.

John MJohn M Krum KrumJohn M Krum

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St. Louis Circuit CourtCircuit Court

NatNat (a person of Color
vs
Geo. WGeorge W Coons . CoonsGeorge W Coons

Bill of Exceptions

filed Feby 4 1846

JnJohn Ruland RulandJohn Ruland Clk

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Be it Remembered that on Monday the 26th day November AD. 1838 (that being the 4.th Monday
in said month.) a probate court was commenced and held in and for the County of WarrenCounty of Warren at the Court
House thereof in the city of VicksburgVicksburg present Hon. James BlandJames Bland Judge E W Morris Shff. Ed B Scarbrough
Clk. A writing purporting to be the last will and testament of MiltonMilton Duty decd. was this day
produced in open court and proven by the oath of WilliamWilliam C. SmedesSmedes one of the subscribing witnesses thereto
whereupon it is ordered that the same be admitted to Record at probatum est- and is in the words and figures
following, to wit; I MiltonMilton Duty of WarrenWarren county State of MississippiMississippi do make and publish this my
last will & testament revoking and making void all former wills by me at anytime heretofore made - and
first I direct that all my personal estate [ excep ]- that herein after otherwise disposed of consisting of Horses.
Oxen, Cows, present growing crop, farming utensils, blacksmith tools &c to be disposed of in such manner as
my Executor shall appoint and the proceeds to be appropriated to the payment of my just debts & all other legal
demands against my Estate, in case my personal Estate should not prove sufficient to meet these ends- It is
my wish that the following named negroes or so many thereof of as shall be absolutely required be sold for those
purposes-To wit-MariaMaria -Ann-MillyMilly & her five children- MariaMaria & Ann to be sold first- and then in case there should still be not enough, MillyMilly and her five children to be sold to either ThosThomas Irvens, Egbert Sessions or David DDavid D
Gibson whichever of the three will give most for them -Also I direct that all my negroes not otherwise disposed of
consisting so far as I recollect of the following wit: Chairty-NatNat -Olivia-BraxtonBraxton -PrestonPreston -LouisaLouisa -MalindaMalinda -HowardHoward
Seuny-ClarissaClarissa -Ann ElizaEliza -LucyLucy -MaryMary -Louis, MaryMary , Beverly, AlfredAlfred ,-Sam, CarolineCaroline -EllenEllen -JesseJesse -LydiaLydia -NellyNelly
ElizabethElizabeth -JordanJordan -MadisonMadison -Henderson-HarryHarry -Charlotte-Harrison, Amanda & likewise the MariaMaria , Ann &
MillyMilly with [ he ] five children above mentioned in case it should not be necessary to sell them to meet the payment
of my debts & all other negroes whatsoever that may belong to me at the day of my death be free and manumitted
& that they be sent out of this State into the State of MissouriMissouri, if the laws of that State permit the admission,- if not, to such
other State or [ teritory ] in the United StatesUnited States as under the direction of Judge John J GuionJohn J Guion shall be deemed most suitable
for their condition- Also I direct that the sum of five hundred dollars be given to Loel D Anderson my brother in
law for his services rendered me on my plantation during the present year â Further, I direct that my Gold watch
and chain & all my wearing [ apparell ] be given to my negro boy PrestonPreston , the fifth mentioned in the above list for
his faithfulness & honesty to me since he has been in my possession â further, I direct that if after the payment
of my debts, the removal of my negroes, and the payment of the above legacies there should be a [ surpluss ] of my
personal Estate amounting to a thousand dollars or less- the said [ surpluss ] be given to my negro MaryMary whom I
purchased 3 years ago of Wm Allen Esq & also if there should be a greater amount than one thousand dollars
all over the remainder to be equally divided between the aforementioned & his brother BraxtonBraxton Further
I direct that in case it should be wish of the three last mentioned negroes to wit, MaryMary Preston & Braxton to
remain in Warren CountyWarren County among their relatives that they be permitted to do so provided the requisite securities can
be found And I do hereby make & ordain my esteeemd neighbour Judge John J GuionJohn J Guion Executor of this my last
will and testament, requesting him to employ as his agent in settling my estate, say one or more of the following named
gentlemen to wit Mark Valentine, David D Gibson, JeffersonJefferson Nailer or JesseJesse EvansEvans , - In case of the death

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of John J GuionJohn J Guion Esq. - David DDavid D . Gibson Esq to be executor in his stead And lastly my Express
will and desire is, I do hereby order and appoint that if any [ diference ] or dispute question or controversy
shall arise or happen concerning any gift bequest or other matter or thing in this in this my will given &
bequeathed expressed or contained that the same shall be [ refered ] wholly to the award order & determination
of my esteemed friend & Executor Judge John J GuionJohn J Guion & whatsoever he shall order and determine therein shall be binding & conclusive to and on all person of persons therein concerned - In witness whereof J Milton
Duty the testator have to this my will written on one Sheet of paper set my hand and seal this twenty sixth day of October in the year of our Lord One thousand eight hundred and thirty six

MiltonMilton Duty

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Witness W. C. SmedesSmedes SamuelSamuel Fernandes
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Afterwards at the December term of said Court 1838 the following order was made to wit, David DDavid D Gibson
and Mark Valentine two of the Executors agents named in the last will and Testament of MiltonMilton Duty deceased this day
filed their relinquishment of the right of said agency â Also the following order at the January term 1839: -to witâ
on application of HenryHenry Fernandes it is ordered that he be appointed adminstrator ad Colligendum of the Estate of
MiltonMilton Duty deceased upon his entering into bond in the penal sum of Six thousand dollars with Levi Stephens and
Heywood Boyett as his securities, whereupon he entered into bond accordingly and took the oath prescribed
by law and letters were issued in due form of law

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The State of MississippiMississippi
Warren CountyWarren County S.S.

J Edward B Scarbourgh Clerk of the Probate Court of said county do hereby certify that the
foregoing will of MiltonMilton Duty and orders of court has been correctly copied from the Records in my office
and I do further certify that that the foregoing returns is all that has been made in said Estate of MiltonMilton Duty deceased

[missing figure]

Given under my hand and seal of office this 1st day of June 1839.

Ed. B Scarbrough Clk

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[missing figure]

State of MississippiMississippi
Warren CountyWarren County Ss.

I James BlandJames Bland Judge of the Probate Court in and for the County and State aforesaid do hereby certify
that Edward B Scarbrough whose certificate and seal of office is herewith attached was as the time of so doing and still is the
Clerk of the Probate Court in and for the County of WarrenCounty of Warren and State of MississippiMississippi duly elected commissioned and qualified
as such, and that full faith and credit are due and ought to be given to all his official acts as such and that said
certificate is in due form of law- Given under my hand and seal in vacation in the City of VicksburgCity of Vicksburg, county and State
aforesaid this 5th day of June 1839- James BlandJames Bland

[missing figure]
Judge of the probate court

Recorded 22nd June 1839

Henry ChouteauHenry Chouteau Clerk

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[missing figure]

State of MissouriMissouri
County of Saint LouisCounty of Saint Louis
ss

I Henry ChouteauHenry Chouteau , clerk of the county court within and for the county of Saint LouisSt Louis in the
State of MissouriMissouri do certify that the foregoing is a true copy of the certified copy of the will of MiltonMilton Duty deceased
and the certificates accompanying the same as the same now remains of Record in my office in the Record of Sellers

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[missing figure]

and wills book B page 424 and following

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In testimony whereof I hereto set my hand and affix the seal of said court at
office in the City of Saint LouisSt Louis in the county and state aforesaid this Ninth day of November in the year of Our Lord One thousand Eight hundred and Forty.

Henry ChouteauHenry Chouteau Clerk

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State of MissouriMissouri

County of Saint LouisCounty of Saint Louis

I PeterPeter FergusonFerguson Judge of Probate of the County of Saint LouisCounty of Saint Louis in the State of MissouriMissouri certify that
foregoing is a true copy of the Record of the authenticated copy of the will of MiltonMilton Duty deceased and the Probate
thereof remaining in my office appearing of Record in my office in the Record of letters and wills book
B page 424 and following (excepting from this certificate the certificate of Henry ChouteauHenry Chouteau Clerk which immediately precedes
this certificate)

[missing figure]
In testimony whereof I hereto set my hand and affix the seal of the Probate Court
of the County aforesaid at office in the County of Saint LouisCounty of Saint Louis in the State ofMissouri
MissouriMissouri this twenty first day of January in the year of Our Lord One thousand Eight hundred and forty six

PeterPeter FergusonFerguson
Judge of Probate

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[missing figure]

Copy of Record of will of MiltonMilton Duty dec.

Copy $1.25

Certificate 25

1.50

A

For mr Risque

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[missing figure]

Be it Remembered that on Monday the 26th day of November AD 1838 (that being the 4th Monday in
said Month) a Probate Court in an commenced and
held in and for the County of WarrenCounty of Warren at the Court
House thereof in the City of VicksburgCity of Vicksburg

Present Hon James BlandJames Bland Judge

MorrisMorris Shff

E.&.B. Scarbrough Clk

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[missing figure]

A writing purporting to be the last will and
testament of MiltonMilton Duty decd was this day
produced in open Court and proven by the oath of
WilliamWilliam C SmedesSmedes one of the Subscribing witnesses
thereto whereupon it is ordered that the same be admitted
to Record at probatium est and is in the words and
figures following to wit

I MiltonMilton Duty of Warren CountyWarren County
State of MississippiMississippi do make and publish this my last
will and testament revoking and making void all former
wills by me at any time heretofore made â

And first I direct that all my personal Estate except
that herein after otherwise disposed of consisting of
houses, oxen, cows, present growing crop, farming ute-
nsils, blacksmith tools &c be disposed of in such manner
as my Executor shall appoint and the proceeds to be appropriated to the payment of my just debts & all other legal
demands against my Estate, in case my personal Estate
should not prove sufficient to meet these endsâ

It is my wish that the following named negroes or So
many thereof as shall be absolutely required be sold for those
purposes- To wit MariaMaria , Ann, MillyMilly & her five Children
MariaMaria & Ann to be sold first and then in case there should
still be not enough MillyMilly and her five Children to be sold
to ThosThomas Irvens Egbert Sessions or David DDavid D Gibson
whichever of the three will give most for them.- Also I
direct that all my negroes not otherwise disposed of
consisting so far as I recollect of the following to wit-
CharityCharity NatNat , Olivia, BraxtonBraxton , PrestonPreston , LouisaLouisa MalindaMalinda
HowardHoward Seary, ClarissaClarissa , Ann ElizaEliza , LucyLucy , MaryMary

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[missing figure]
Louis, MaryMary , Beverly, AlfredAlfred , Sam, CarolineCaroline , EllenEllen , JesseJesse
LydiaLydia , NellyNelly , ElizabethElizabeth , JordanJordan , MadisonMadison , Henderson
HarryHarry , Charlotte, Harrison, Amanda likewise the
MariaMaria , Ann & MillyMilly with [ he ] five children above mentioned
in case it should not be necessary to sell them to meet the
payment of my debts & all other negroes whatsoever that
may belong to me at the day of my death be free and
manumitted - & that they be sent out of this state into the state
of MissouriMissouri if the laws of that state permit the admission if
not to such other state or [ teritory ] in the United StatesUnited States as
under the direction of Judge John J GuionJohn J Guion shall be deemed
most suitable for their condition â

Also I direct that the sum of five hundred dollars
be given to Joel D Anderson my brother in law for his
services rendered me on my plantation during the present
year

Further, I direct that my Gold watch and Chain &
all my wearing [ apparell ] be given to my negro boy PrestonPreston
the fifth mentioned in the above list for his faithfulness
& honesty to me since he has been in my possession â

Further I direct that if after the payment of my debts
the removal of my negroes and the payment of the above
legacies there should be a surplus of my personal Estate
amounting to a thousand dollars or less the said surplus
be given to my negro MaryMary whom I purchased 3 years ago
of Wm Allen Esq & also if there should be a greater amount
than one thousand dollars all over the remainder to be equally
divided between the aforementioned & his Brother BraxtonBraxton

Further I directed that in case it should be wish of
the three last mentioned negroes to wit MaryMary , Preston
& Braxton to remain in Warren CountyWarren County among their
relatives that they be permitted to do so provided the
requisite securities can befound â

And I do here by make & ordain my esteemed neighbor
Judge John J GuionJohn J Guion executor of this my last will and testiment
requesting him to employ as his agent in Settling my Estate
say one or more of the following named gentlemen to wit

Mark Valentine, David D Gibson JeffersonJefferson Nailen or
JesseJesse EvansEvans , In case of the death of John J GuionJohn J Guion Esq DavidDavid D

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[missing figure]

DDavid D GibsonEsq to be Executor in his stead â

And lastly my express will and desire is I do hereby
order and appoint that if any [ diference ] or dispute question
or Controversy shall arise or happen Concerning any
gift bequest or other matter or thing in this my will
given & bequeathed expressed or contained that the same shall
be referredwholly to the award order & determination of my
esteemed friend & Executor Judge John JJohn J Guion GuionJohn J Guion & whatsoever
he shall order and determinetherein shall be binding
& conclusive to and on all person or personstherein concerned

In witness whereof I MiltonMilton Duty the Testator
have to this my will written on one sheet of paper set
my hand and seal this twenty sixth day of October in the year of our Lord One Thousand Eight hundred and thirty six
Witness

N. C. Sanders
SamuelSamuel Farnandes

Milton Duty

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Afterwords at the December Term of Said Court 1838
The following order was made to wit

David DDavid D Gibson and Mark Valentine two of the Executions
agents named in the last will and Testament of the MiltonMilton
Duty deceased this day filed their relinquishment of the
Right of said agency

Also the following order at the January Term 1839
To Wit

On application of HenryHenry Farnandes It is ordered
that he be appointed administrator ad corrigendum
of the Estate of MiltonMilton DutyDecd upon his entering into
Bondwith in the penal sum of six thousand Dollars
with Levi Stephens and Heywood Boyett as his securities
whereupon he entered into Bond accordingly
and took the oathprescribed by said and letters were
issued in due form of Law.

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[missing figure]

The State of MississippiMississippi
Warren Country ss

I Edward B Scarbrough
Clerk of the Probate Court of
said County do hereby certify that the foregoing will
of MiltonMilton Duty and orders of Court has been correctly
copied from the records in my office, and I do further
certify the foregoing returns is all That has been made
Estate of MiltonMilton Duty deceased

[missing figure]
Given under my hand and seal
of office this 1st day of June 1837.

E. B. Scarbrough Clk

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[missing figure]

State of MississippiMississippi
Warren CountyWarren County

I James BlandJames Bland Judge of the Probate
Court in and for the country and state aforesaid do hereby cer
tify that Edward B. Scarbrough whose certificates and seal
of offices is herewith attached was at the time of so doing
and still is the clerk of the Probate Courts in and for the
county of WarrenWarren and states of MississippiMississippi duly elected
commissioned, and qualified as such and that full faith
and credits are due and ought to be given to all his official
acts as such and that, said certificate is in due from of
Law. Given under my hand and seal in vocation in the
City of VicksburgCity of Vicksburg County, and states aforesaid this 5th day of June 1839

Jas. Bland

[missing figure]

Judge of the Probate Courts

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[missing figure]

State of MissouriMissouri
County of Saint LouisCounty of Saint Louis
ss

I Henry ChouteauHenry Chouteau Clerk of the County CourtCircuit Court within and for the County of Saint LouisCounty of Saint Louis in the
State of MissouriMissouri do certify that the foregoing copy of the last will and testament of MiltonMilton Duty deceased, and of the
certificate of probate thereof, of the orders made concerning the same and of the certificate of Record and authentication
are truly Recorded in my office in the Record of letters and wills book B page Four hundred & twenty four & following.

[missing figure]
In testimony whereof I hereto set my hand and affix the seal of said court
at office in the county aforesaid this Twenty second day of June being the day of the Record thereof in the year of our Lord one thousand Eight hundred and thirty nine

Henry ChouteauHenry Chouteau Clerk

fees in all
Gp E. B. Pratt.
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[missing figure]

State Of MissouriMissouri,
County Of St. LouisSt Louis,
Ss.

By the tenor of these Presents, I, Henry ChouteauHenry Chouteau , Clerk
of the county court within and for the county of St. LouisSt Louis, in the State of MissouriMissouri,

Do Make Known Unto All Men,

That the last will and testament of MiltonMilton Duty late of the
county of St. LouisSt Louis, deceased, was in common form of law proven, approved, and exhibited, a
true copy whereof is to these presents annexed, having whilst he lived and at the time of his death,
[ divers ] goods, chattels, rights and credits, within the said county of St. LouisSt Louis, by reason whereof, and the approbation of said last will and testament, and whereas John JJohn J Guion GuionJohn J Guion the executor
named in said last will and testament, had renounced his right to act in that capacity
and declined taking upon himself the execution of said last will and testament, these
letters of Administration with the will annexed are granted to George W. CoonsGeorge W Coons in obedience
to an order of said court with full power and authority to administer the goods and chattels, rights and credits, of the said
deceased, and to do and perform and execute the said last will and testament, and to pay the debts
of the said deceased, as far as the assets which shall come to his hands will extend and the law direct, he having first given sufficient security, and taken the oath well and truly
to perform and do the premises.

[missing figure]
In Testimony Whereof, I have hereunto set my hand
and affixed the seal of said county court, at St. LouisSt Louis, this
Twenty fourth day of June in the year of our Lord one thousand eight hundred and thrity nine

Henry ChouteauHenry Chouteau , Clerk.

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[missing figure]
[missing figure]

I, Henry ChouteauHenry Chouteau , Clerk as aforesaid, do hereby
certify that the above letters of Administratin with the will
annexed on the Estate of MiltonMilton Duty deceased are duly
recorded in my office, this Twenty fourth day of June 1839

Henry ChouteauHenry Chouteau Clerk.

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[missing figure]

Be it Remembered that on Monday the 26th day of November A,D, 1838 (what being the 4th Monday in said month) a
Probate court was commenced and held in and for the County of WarrenCounty of Warren at the Court house thereof in the City of VicksburgCity of Vicksburg.
Present James BlandJames Bland Judge E. W. Morris Shff. Ed. B. Scarbrough clk.

A writing purporting to be the last will and testament of MiltonMilton Duty deced was this day produced in open
court and proven by the oath of WilliamWilliam C Senedes one of the subscribing witnesses thereto whereupon it
is ordered that the same be admitted to Record al probatum est and is in the words and figures following to wit.

I, Miton Duty of Warren CountyWarren County State of MississippiMississippi do make and publish this my last will & Testament
revoking and making void all former wills by me at any time heretofore made â And first I direct that
all my personal estate except that herein after otherwise disposed of consisting of Horses, Oxen Cows, present
growing crop, farming utensils blacksmith tools to be disposed of in such manner as my executor shall appoint
and the proceeds to be appropriated to the payment of my just debts & all other legal demands against my Estate, in
case my personal estate should not prove sufficient to meet these ends â It is wish that the following
named negroes or so many thereof as shall be absolutely required be sold for those purposes To wit - MariaMaria , Ann-
MillyMilly & her five children- MariaMaria & Ann to be sold first- and then in case there should still be not enough
MillyMilly and her five children to be sold to either ThosThomas Irvens, Egbert Sessions or David DDavid D Gibson, whichever of the
three will give most for them â Also I direct that all my negroes not otherwise disposed of consisting so far
as I recollect of the following to wit. CharityCharity - NatNat , Olivia BraxtonBraxton , PrestonPreston , LouisaLouisa , MalindaMalinda , HowardHoward , Seuny
ClarissaClarissa , Ann ElizaEliza , LucyLucy , MaryMary louis. MaryMary , Beverly, AlfredAlfred , Sam, CarolineCaroline , EllenEllen , JesseJesse , LydiaLydia NellyNelly
ElizabethElizabeth , JordanJordan , MadisonMadison , Henderson, HarryHarry Charlotte, Harrison, Amanda & likewise the MariaMaria , Ann &
MillyMilly with he five children above mentioned, in case it should not be necessary to sell them to meet the
payment of my debts & all other negroes whatsover that may belong to me at the day of my death be free
and manumitted- & that they be sent out of this State into the State of MissouriMissouri if the laws of that State
permit the admission, if not to such other State or [ teritory ] in the United StatesUnited States as under the direction of Judge.
Jon J Guion shall be deemed most suitable for their condition And I direct that the sum
of five hundred dollars be given to Joel D Anderson my brother in law for his services rendered me on my
plantation during the present year â Further I direct that my gold watch and chain & all my
wearing [ apparell ] be given to my negro boy PrestonPreston the fifth mentiond in the above list for his
faithfulness & honesty to me since he has been in my possession â Further I direct that if after the
payment of my debts, the removal of my negroes, and the payment of the above legacies there should be a surplus
of my personal Estate amounting to a thousand dollars or less- the said surplus be given to my negro MaryMary whom I
purchased 3 years ago of Wm Allen Es of & also if there should be a greater amount than one thousand dollars
all over the remainder to be equally divided between the aforementioned & his brother BraxtonBraxton Further
I direct that in case it should be wish of the three last mentioned negroes to wit MaryMary , Preston & Braxton to
remain in WarrenWarren county among their relations that they be permitted to do so provided the requisite securities
can be found. And I do hereby make & orderin my esteemed neighbour judge John J GuionJohn J Guion executor
of this my last will and testament requesting him to employ as his agent in settling any Estate say one or
more of the following named gentlemen to wit; Mark Valentine, David D. Gibson, JeffersonJefferson Nailer or JesseJesse
EvansEvans . In case of the death of John J GuionJohn J Guion esq David DDavid D Gibson esq to be executor in his stead. And
lastly my express will and desire is, I do hereby order and appoint that idf any [ diference ] or dispute question or controversy
shall arise or happen concerning any gift bequest or other matter or thing in this my will given & bequeathed
expressed or contained that the same shall be [ refered ] wholly to the award order & determination of my

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[missing figure]

Esteemed friend & Executor Judge John J GuionJohn J Guion & whatsoever he shall order and determine shall be
binding & conclusive to and on all person or persons therein concerned.

In witness where of I
MiltonMilton Duty the Testator, have to this my will written on one sheet of paper set my hand and seal this twenty sixth day of October in the year of Our Lord One thousand Eight hundred and thirty six Witness, W. C. Smedes, Samuel Farnandes

Milton Duty

[missing figure]
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[missing figure]

Afterwards at the December Term of said Court 1838 the following order was made to wit; David DDavid D
Gibson and Mark Valentine two of the Executors agents named in the last will and Testament of MiltonMilton Duty deceased
this day filed their Relinquishment of the right of said agency

Also the following order at the January Term 1839, To wit; on appplication of HenryHenry Farnandes

It is ordered that he be appointed administrator ad colligendum of the Estate of MiltonMilton Duty decd upon his
entering into bond in the penal sum of six thousand dollars with Levi Stephens and Heywood Boyett as his
securities where upon he entered into bond accordingly and took the oath prescribed by law and letters were issued in due form of law.

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[missing figure]

The State of MississippiMississippi
Warren CountyWarren County S.S.

I Edward B Scarbrough clerk of the Probate court of said county do hereby certify that the
foregoing will of MiltonMilton Duty and orders of court has been correctly copied from the Records in my office, and I
do further certify the foregoing returns is all that has been made in said Estate of MiltonMilton Duty deceased

[missing figure]
Given under my hand and seal of office this 1st day of June 1839
[missing figure]

B. Scarbrough Clerk

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[missing figure]

State of MississippiMississippi
Warren CountyWarren County

I James BlandJames Bland Judge of the Probate Court in and for the County and State aforesaid do hereby
certify that Edward B Scarbough whose certificate and Seal of office is herewith the attached was at the time of so doing
and still is the clerk of the probate Court in and for the county of WarrenWarren and State of MississippiMississippi duly Elected commis-
sioned and qualified as such and that full faith and credit are due and ought to be given to all his official acts as
such and that said certificate is in due form of law. Given under my hand and seal in vocation in the City of VicksburgCity of Vicksburg
and State aforesaid this 5th day of June 1839.

Jas Bland

[missing figure]
Judged of the Probate Court

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[missing figure]

State of MissouriMissouri

County of Saint LouisCounty of Saint Louis
ss

I Henry ChouteauHenry Chouteau Clerk of the county court within and for the county of Saint LouisSt Louis in the State of MissouriMissouri
do certify that the foregoing is a true copy of the copy of the last will and testament of MiltonMilton Duty deceased and of the
certificate of probate thereof of the orders made concerning of the same and of the certifiates of Record and authentication.
as the same now remain of Record in my office in the Record of letters and wills book B page 424 & following

[missing figure]
In Testimony whereof I hereto set my hand and affix the seal of said court at office
in the county aforesaid this twenty fourth day of June in the year of Our Lord One thousand Eight hundred and thiry nine.

Henry ChouteauHenry Chouteau Clerk

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[missing figure]

1397 (C)

MiltonMilton Duty deceased

Letters with will annexed

Witnesses

Annual Settlement on the first Tuesday of September Term 1840 and on the same day in Each year thereafter

4.73

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[missing figure]

State of MissouriMissouri

County of Saint LouisCounty of Saint Louis
ss

I PeterPeter FergusonFerguson Judge of Probate of the County of Saint LouisCounty of Saint Louis in the State ofMissouri
MissouriMissouri certify that it appears from the Records of the Probate Court of said County that all the
demands allowed against the Estate of MiltonMilton Duty deceased which were placed in the fifth class
were ordered to be paid on the Sixth day of December one thousand Eight hundred and forty two, that
on the twenty third day of December Eighteen hundred and forty three fifteen cents in the dollar was
ordered to be paid on all the demands which has been placed in Sixth class. Sixteen cents in dollar in the
same class was ordered to be paid on the Eighteenth December Eighteen hundred and forty four and twenty
cents in the dollar on all the demands allowed in the same class against said Estate was ordered to be paid
by George W CoonsGeorge W Coons administrator with the will annexed of said deceased on his last settlement with
said court at the last term thereof on the thirteenth day of December Eighteen hundred and forty five
and that said George W CoonsGeorge W Coons is still administrator of the Estate of said MiltonMilton Duty deceased

[missing figure]
In testimony whereof I hereto set my hand and affix the seal of Probate Court
of the Bounty aforesaid at office in the county of Saint LouisSt Louis in the State ofMissouri
MissouriMissouri this twenty first day of Janunary in the year of Our Lord One thousand Eight hundred and forty six

PeterPeter FergusonFerguson

Judge of Probate

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[missing figure]

(D.)

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[missing figure]

Brigur c. WhiteWhite , 8421

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[missing figure]

St LouisSt Louis
10 Aug 1838

Inventory of Property belonging to the State of Millton Duty deceased

One boy JesseJesse One Small Boy HarryHarry One " " ClarissaClarissa
One " NathanielNathaniel One " " Henderson One " " Sena
One " Jorden One " " HarrisonHarrison One " " NellyNelly
One " Beverly One " " JacksonJackson One " " Melinda
One " MadisonMadison One " " HowardHoward One Small : MaryMary JaneJane
One " PrestonPreston One black girl MaryMary One " " ElizaEliza
One " SamuelSamuel One do " CarolineCaroline One " " MaryMary
One " BraxtonBraxton One " " LydiaLydia One " " LucyLucy
One " " MargarettMargarett

One Bedstead 1 Drab Overcoat 1 Trunk 52 lbs lead
One Feather bed 1 Lyanskin Skin do 1 Grass Round about
Two Pillows 1 Black dress coat 2 flannel Shirts
Two Blankets 1 dark claret do 1 prCottonCotton drawers
One Quilt 1 Black Surmer do 4 Shirts (linen)
One Spread 3 prs corded Cassimere pants 1 pr corded linen pants
One Sheet 1 " Buckskin do 1 " CottonCotton drawers
One Matrass 1 Black Cloth do 1 Valencia Vest
1 Gold watch & Chain 1 Blue do do 1 pr CottonCotton Socks
1 Silver mounted Rifle 1 " Black cloth vest 1 " Bourie Knife
1 plain do 1 " Marseilles do 1 " pr razors & case
1 double barrel Gun & Case 1 WhiteWhite linen roundabout 1 Pocket pistol
1 single do do 1 plaid linen pantaloons 1 pair goggles
1 Silk Umbrella 1 Striped linen Round about 1 pocket knife
1 Spy Glass 1 Horse 1 Saddle 1 Bridle 2 Volume Homers I had

GuionGuion , Tonedos & Marshalls Recpt for Henderson & C note Three thousand and two hundred & twenty seven
VicksburgVicksburgMay 13. 1838

HarrisonHarrison recpt for note of I Evans, S Stephens &* S. Fletcher for 513$
HarrisonHarrison recpt for note of F Banfield & S Hatcher for $500 also note of W. Allen to J Henderson for
Eleven hundred dollars

John HarrisJohn Harris note due 1 Jan 1839.- $50.00 John I. SimmonsSimmons 26 Dec 1837- 300.00
ReubenReuben Gibson " 1 Jan 1838- 900.00 Joseph Duncan on demand 168.26
I I. Miller due 1 Nov. 1838- 50.00 ThomasThomas Galloway due 10th Feb 1836 601.92
Cash on hand- $94.18-

John O Rourke Jas Smith

witnesses
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[missing figure]

State of MissouriMissouri

St. Louis County
ss

This day personally comes George W CoonsGeorge W Coons before me Joseph WJoseph W WalshWalsh a Justice of the
peace in and for said County who being by me duty sworn on his oath says that the foregoing is a full inventory
and description of all the money, goods, chattels and Estate real and personal, books papers & evidences of debt and of title
of the decreased MiltonMilton Duty and of all debts due to becoming due so far as he can ascertain them and that he was
in debted or bound in any contract to the deceased at the time of his death.

George W CoonsGeorge W Coons - sworn to and
subscribed before me this 3rd day of October A. D. 1838

J W. WalshW Walsh Justice

Endorsed - Filed 5th October 1838

Henry ChouteauHenry Chouteau Clerk.

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[missing figure]

Abstract of Demands established against the Estate of MiltonMilton Duty deceased George W CoonsGeorge W Coons Administrator

To whom allowed Date of Allowance First Class Fifth Class Sixth Class
James WaltonJames Walton 4th September 1838 46.00
VonPhul & M. Gill 6th " " 43.75
SamuelSamuel Ferandis " " " 220.00
E B Schneidler 7th November " 6.75
Robert StreetRobert Street 14th November " 32.75
David CoonsDavid Coons 26th " " 20.50
Same " " " 1016.891/2
Same " " " 1272.93
Same " " " 1373.86 interest 10 per cent
Michael W Swing " " " 132.50
Joseph L Craft 7th March 1839 29.75
Elkanah English 14th " " 3.50 "
Fountain Swinney 6th June " 114.50
John MJohn M . Glenn 6th June " 10.00
David GentryDavid Gentry " " " 150.00
David GentryDavid Gentry " " " 225.00
James AdamsJames Adams " " " 8.00
Jesse JonesJesse Jones 14th June " 15.25
James AJames A Shirley 5th September " 115.14 interst 10 percent
Reily & Chouteau 15 " " 145.85
J. V. Prather 19 " " Judgment set aside & new Trial granted
Ferdinand Pinkard & Jacob U Payne 26 " " 27.56
Joseph Templeton & Co " " " 99.13

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[missing figure]

Louis A BenoistLouis A Benoist 2nd April 1840 84.00
Louis A BenoistLouis A Benoist '' '' '' 109.43 3/4
Charles Mullikin 25th September '' 10.48
James V PratherJames V Prather 28th '' '' appeal pending 240.00
John & WilliamWilliam Henderson 9 June 1841 Judgment in St Louis Circuit CourtCircuit Court 1515.13
President M. Planters Bank 18th September 1841 Judgment in St LouisSt Louis Court of Common Pleas 1430.86
MississippiMississippi use of Jno F Darby
RobertRobert Strong
9 December '' 1545.15
Hayword Boyette 16 June 1842 $ 3631.73 441.32
$ 1986.47

Dr George W CoonsGeorge W Coons Administrator In account current with the Estate of MiltonMilton Duty Deceased

1839 June Term To cash on hands as per Inventory 94.18
'' Received on sale bill of EvansEvans & DoughertyDougherty 81.06
'' Received for hire of negro Girl NellyNelly 10.00
'' '' Hire of Negro boy HarryHarry 6.00
armaex â '' Received for 6 months hire of negroes from John R. Reily 105.00
'' from J C Saveille $51 from R. J. CurleJ Curle $ 49.50 100.50
'' for 6 months hire of negroes from R. Duncan 72.00
'' from C DubreuilDubreuil $ 42 from S Dubreuil $ 111 153.00
'' for 6 months hire of negroes from E. B. Schneidler 63.00
'' for H. Gallagher $ 240 from W. Myers $ 90 330.00
'' for 6 months hire of Negroes from D. Wetmore 50.0
'' cash on account of sale of J Tregaskis J. Andrews security 20.00
'' amount of note of Gaines Duty for personal property (see sale bill) 281.50
''do J Fregaskis, I, AndrewsAndrews security 13.00
'' J. S Grafts bill allowed on account see sale bill 14.56
'' Note of S Wetmore for negro hire due 24th Aug 1839 256.00
'' note John I Gill $ 180 J. P. Reily $ 105 J G LaveilleLaveille $ 51 336.00
'' note R. J. Gurle $49.50 - R Duncan $ 72- C. B. Dubreuil $ 42 163.50
'' L. Dubreuil $ 111 - E. B. Schneidler $ 63 - H. Gallgher $ 240- 414.00
'' '' H. Myers $ 90- I. D. Hall & B. W. Ayres $ 145.33 235.33
'' '' SmithSmith , Brothers & Co 121.00
'' Amount of NotesNotes as per Inventory 7410.85
'' Twenty Six slaves, men, women & children & Inventory 7725.00
$ 18055.48

1839 June Term By Cash paid I Berk, No 1 $6.00
'' '' S. B. Wiggins No 2 $ 4 - F. Garrick No 3 $ 25- 29.00
'' '' E Endree No 4 5.00
'' paid Republican pointing office No 5 16.50
'' D. Coons account No 6 $ 86.16- J W WalshW Walsh No 7 $ 7.00 93.16
'' E B Schneidler No 8 $ 6.75 . J. W. WalshW Walsh No 9 $ 25.00 31.75
Allowed Administrator for commissions 187.52
Clerk's fees No 10 10.50
Amount of notes delivered Adm SmithSmith will as per receipt filed 1834.89
Amount of Receipt for notes returned as per Receipt of
Administrator with will & T filed (and as per Inventory)
7410.85
Receipt of Administrator with will & T for 26 slaves, men
Women & children who were appraised at
7725.00
By Balance paid to Administrator with will &
as per Receipt filed ''
705.31
$ 18055.48

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[missing figure]

Dr W Coons. Administrator de bonis non with the will annexed in account current with the estate of MiltonMilton Duty Deceased @

1840 September Term To appraised Value of slaves as per inventory & receipt $ 7725.00
'' Cash Received from former Administrator 705.31
'' Amount of NotesNotes received from former Administrator 1834.81
''Amount of notes due in MississippiMississippi Recd from former Administrator 7410.85
'' Cash Received for hire of Negroes from 25th August 1839 to 25 August 1840 1173.87
'' Amount still due for hire from 25th August 1839 to 25th August 1840 1400.13
Amount of notes received for hire of Slaves from 25th August 1840 to 25th August 1841 2217.00
$ 22466.97
Order to pay 50 cents in dollars in 5' class
1840 September Term To Balance in hands of Administrator as per contra $ 21919.38
order to pay 40 cents in dollar 5'class
1841 September Term To Balance $ 19380.83

1840 September Term By cash paid appraisers no 1 $ 6.00 clerks fees no 2 $ 8.25 14.25
'' '' burying child of CarolineCaroline slave 8.00
'' paid servant attending CarolineCaroline in sickness 4.00
'' Amount of time lost by CarolineCaroline while sick 3 months at $ 6.50 19.50
Wetmore's bill for printing No 3 4.50
EvansEvans & DoughertyDougherty Auctioneers No 4 14.00
'' U. J. Austin Auctioneer No 5 $ 29.50- Jas B Walsh No 6 $ 10- 39.50
''Wetmore 6 month time lost by Sena (slave) sick 90.00
city taxes 1839 & 1840 No 8- 100.00
Cash paid for advertising hiring of slaves 25th August 1840 No 7 6.00
J. W. WalshW Walsh attending to Estate & his settlement 25.00
Common amt collected $ 3713.99 at 6 percent 222.84
Balance in hands of Administrator 21919.38
$ 22466.97
1841 September
Term
By cash paid Migginst Floorse Expenses No 1 $ 2.00
'' '' paid David CoonsDavid Coons allowed accounts No 2 2249.58
'' on his own account $ 1842-09 James WaltonJames Walton 23 $ 1865-09
SamuelSamuel Fernandez $ 110 M. W. Swings - $ 66.25 - 170.25
'' T. L Crafts $ 14.87 1/2 E English $ 1.87 16.75
DavidDavid Gentry's $ 187.50 - JamesJames Adams AdamsJames Adams $ 4 191.50
$ 2249.58
'' RobertRobert Steet on allowed act No 4 16.37
'' Henry ChouteauHenry Chouteau No 5 72.92
'' State County Taxes 1840 No 6 25.00
'' Clerk's fees No 7 8.76
'' Common on $ 2732.13 collected since last settlement 163.94
'' Balance in hands of Admr 19380.83
$ 21919.38

The foregoing Balance consists of Slaves for Inventory $7725-

notes uncollected 965

NotesNotes due in MississippiMississippi per Inventory $ 7410.85

cash 3279.98

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State of MissouriMissouri

County of Saint LouisCounty of Saint Louis
ss

I PeterPeter FergusonFerguson Judge of probate of the county of Saint LouisSt Louis aforesaid do certify that the
foregoing is a true copy of the Inventory, of the estate of MiltonMilton Duty deceased and of the Abstract of the demands
established against his estate and also of the settlements of the accounts of the Administrator of said

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[missing figure]

deceased at the several times therein mentioned as the same now remain of Record and on
file in my office

[missing figure]

In testimony whereof I hereto set my hand and affix the seal of
the Probate court of the County of Saint LouisCounty of Saint Louis at office in the City and
County of Saint LouisCounty of Saint Louis in the State aforesaid this Twenty third day of June in the Year of Our Lord One thousand Eight hundred and forty two

PeterPeter FergusonFerguson Judge of Probate

Fees $ 2-12-
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[missing figure]

Dr. George W CoonsGeorge W Coons Administrator de bonis non with the will annexed. In account current with the Estate of MiltonMilton Duty Deceased Ex

September Term 1841 To Balance in hands of Administrator 19380 83
December Term 1842. To Amount of notes due, not collected from 15' Jany to 15th July 529 51
NotesNotes not yet collected from 15th July 1842 to 15 July 1843 1129 50
Cash collected since last Settlement 315 00
$ 21354 84
order to pay all demands in 5th days
To Balance in hands of Administrator $ 16426 87

Balance Consists of

Slaves - - - - - $ 7725.00
NotesNotes in MississippiMississippi- 4995.93
NotesNotes uncollected- 2564-01
Cash - - - - 1141.73
$ 16426.67

1842 December Term By Cash paid allowance favor W Coons No 1 1657 89
,, James WaltonJames Walton $ 20-70-SamuelSamuel Fernandes $100- 120 70
,, M. W. Swing $59-63 J L Craft $13-39-Elkanah English $1-68 74 70
,, David GentryDavid Gentry $ 168-75- James AdamsJames Adams $3-00 172 35
,, MissouriMissouri Republican printing No 2 $ 12-50 L S Perry No 3 $ 80-00 92 50
Costs Planters Bank Wrs Estate No 4- 19 44
City Tax 1841 No 5 $ 50.00-City Sexton &C. No 6 $ 5.50 55 50
J S Hetherington for burying child No 7 $ 2-Wm J Austen No 8 $ 23-50 25 50
City Sexton No 9 $ 8-00 Hawkins & HowardHoward No 10 $ 3-00 11 00
George W CoonsGeorge W Coons No 11 $ 55-25-State of County Tax 1841 No 12 $ 25-00 80 25
State of County Tax 1842 No 13 $ 20-- Fountain Swinney No 14 $ 57-25 77 25
John MJohn M Glenn $ 5 from Glenn No 15 $ 4-Fountain Swinney $ 45-80 54 80
Vonphul McGill No 6 $ 39-37 Robert StreetRobert Street No 17 $ 13-10 52 47
Commission on $ 315-collected since last settlement 18 90
Receipt of JoelJoel Sanderson Admr in MississippiMississippi for note of ThomasThomas Galloway 601 92
Note of John F Simmons $ 300-J. T Miller $ 50- John HarrisJohn Harris $ 50- 400 00
ReubenReuben Gibson $ 900-Note of John Henderson $ 513- 1413 00
By Balance in hands of Administrator 16,426 67
27,354 84

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[missing figure]

State of MissouriMissouri
County of Saint LouisCounty of Saint Louis
Ss

I PeterPeter FergusonFerguson Judge of Probate of the County of Saint LouisCounty of Saint Louis do certify that the foregoing is a true copy of the
Settlement made by George W CoonsGeorge W Coons as Administrator of MiltonMilton Duty deceased at the December Term of the Probate Court of the
County aforesaid in the year Eighteen hundred and forty two as the same now remains of Record and on file in my office

[missing figure]

In testimony whereof I hereto set my hand and affix the seal of the Probate court of the
County aforesaid at office in the City and County of St LouisCounty of St Louis and in the State of MissouriMissouri
this fourth day of May in the Year of our Lord One thousand Eight hundred and forty three

PeterPeter FergusonFerguson Judge of Probate

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[missing figure]

Exhibits
(C. No 1)

in Answer of George W. CoonsGeorge W Coons Adms.
of Duty

day 14


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[missing figure]

George W CoonsGeorge W Coons Administrator with the will annexed In account Current with the Estate of MiltonMilton Duty Deceased

1843 December Term To Balance in hands of Administraton on Settlement December Term 1842 16426.67
Note uncollected 1405.50
Cash Collected 539.50
$18371.67
1843 December Term To Balance in hands of Administrator $ 16693.86
1844 December Term " NotesNotes Received for Negro hire 14 July 1844 not yet due 1476.00
18169.80
1844 December Term To Balance in hands of Administrator $ 17518.22
This Balance consists of
Slaves $ 7725.00
NotesNotes due in MississippiMississippi 4995.93
NotesNotes uncollected 4226.01
Cash 571.28
$ 17518.22

1843 December Term By cash paid D CoonsD Coons No 1 $247.73 - paid D CoonsD Coons No. 2$310.13 557.76
" " paid D CoonsD Coons No 3 $510.52 D CoonsD Coons No 4 $5.04 515.56
" " DavidDavid Gentry GentryDavid Gentry No 5 $47.41 S. Farnands No 6 $56.64 104.05
" " Michael W Swing No 7 $32.19 James AdamsJames Adams No 8 $1-53 33.72
" " James WaltonJames Walton No 9 $11.85 David GentryDavid Gentry No 10 $32.47 44.32
" " J S Craft No 11 $6.59 E English No 12 $ 0.77 7.36
" " Reily & Chouteau No 13 $92.73 Vonphul & Mc Gill No 14 $14.07 106.80
" " Im, Gleim No 15 $2.27 Fountain Sweeney No 16 $27.90 30.17
" Robert StreetRobert Street No 17 $10.00 Dr KnoxKnox No 18 $18.00 28.00
" John Shore No 19 $ 52.00 city Tax 1842 No 20 $ 42.50 94.50
" city Tax 1843 No 21 $70.00 " paid for printing No 22 $5.50 75.50
" Low&Peck No 23 $20.00. S Mathews No 24 $6.00 26.00
" City burial fees No 25 $4.00 city Burial fees No 26- $4.00 8.00
" Judge of Probate fees No 27 $13.63 commission on $539 50/100 $32.34 45.97
By balance in hands of Administrator 16693.86
18371.67
1844 December Term By cash paid J. V. Prather No1 $36.00. State & County Taxes No2 $12.75 48.75
" " paid & A Benoist No 3 $16.35 Sheriffs Receipt No 5 $5.35 21.70
" " printing No 5 $3.50 WilliamWilliam J Austin No 6 $10.00 13.50
" Pinkard & Payne No 7 $4.13 President Directors &Co. use JTDarbyDarby No 8 214.62 218.75
" G. W Coons No 9 & 33.75 Joseph Templeton No 10 $14.86 48.61
" Jno W Henderson No 11 $227.86 Joseph Templeton No 12 $27.67 255.53
" City burying ground No 13 $4.00 commission on $680 collected $40.80 44.80
By Balance in hands of Administrator 17518.22
$ 18169.86

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[missing figure]

State of MissouriMissouri

County of Saint LouisCounty of Saint Louis
ss

I PeterPeter FergusonFerguson Judge of Probate of the County of Saint LouisCounty of Saint Louis in the State of MissouriMissouri Certify that the foregoing is
a true of the accounts of George W CoonsGeorge W Coons Administrator with will annexed of MiltonMilton Duty deceased of his settlements of his administration
of the estate of said deceased for the Years eighteen hundred and forty three and eighteen hundred and forty four made with the Probate Court
of said County as the same now remain of file in my office

[missing figure]
In testimony whereof I hereto set my hand and affix the seal of the Probate Court of the County
aforesaid at office in said County this thirteeth day of December in the Year of Our Lord One thousand eight Hundred and forty four

PeterPeter FergusonFerguson Judge of Probate

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[missing figure]

Exhibit (A. No. 2)

MiltonMilton Duty Deceased

Copy of Settlements 1843 - 1844

Copy ... $0.70

Certificate . . . 0.25

$0.95

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[missing figure]

State of MissouriMissouri
County of St. LouisCounty of St Louis
ss

Henry ChouteauHenry Chouteau , Clerk of the county court, within and for the County of St. LouisCounty of St Louis in the
State of MissouriMissouri, To all to whom these presents shall come-Greeting:

Whereas, MiltonMilton Duty late of the County of St. LouisCounty of St Louis, deceased, died intestate as it is said, and you GeorgeGeorge W Coons
W CoonsGeorge W Coons having given sufficient security, I do therefore give and grant unto you the said George W CoonsGeorge W Coons
full power and authority, to administer all and singular the goods chattels, rights and credits of the said,
deceased, and to demand, collect and in a legal manner require and receive all and all manner of debt and debts
due and owing to the said deceased and well and faithfully to dispose of the same according to law and lastly,
I do hereby constitute and appoint you the said George W CoonsGeorge W Coons in obedience to an order of said count Adminis-
trator of all and singular the goods, chattels, rights and credits of the deceased

[missing figure]
In testimony whereof, I
have hereunto set my hand and official seal of St. LouisSt Louis this eighth day of August in the year of our Lord, One thousand eight hundred and thirty eight and of the American Independence the sixty third

Recorded eighth day of August 1838Henry ChouteauHenry Chouteau Clerk

Henry ChouteauHenry Chouteau , Clerk

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[missing figure]

State of MissouriMissouri

County of Saint LouisCounty of Saint Louis
ss

I PeterPeter FergusonFerguson Judge of Probate of the County of Saint LouisCounty of Saint Louis in the state of MissouriMissouri certify
that the foregoing is a true copy of the letters of Administration granted to George W CoonsGeorge W Coons on the estate of MiltonMilton
Duty deceased as the same now remains of Record in my office.

[missing figure]
In testimony whereof I hereto set my hand and affix the seal of the Probate
court of the County of Saint LouisCounty of Saint Louis at office in the County and state aforesaid this
twenty first day of June in the Year of our Lord One thousand eight hundred and forty five

PeterPeter FergusonFerguson Judge of Probate

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[missing figure]

(E.) M Duty

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[missing figure]
marginvertical

Refused - Jan. 27 1846

If the Jury believe that the will, the copy of which was read
in evidence, was the said will of MiltonMilton Duty that the same
was made and proved in
the Laws of MississippiMississippiwhich have
been read by the plaintiff are authentic that Duty at the
time of his decease was domiciled in MissouriMissouri & that the plaintiff
was then in this State owned by him as a slave, & is the same NatNat named in said will, then the
plaintiff by force of said will & the law was emancipated
& the jury will find a verdict for the plaintiff.

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[missing figure]

Instruction asked
by plff.

(F)

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[missing figure]
marginvertical

given Jan 27 1846

If the jury believe from the Evidence that the
plaintiff's right to freedom is based entirely upon
the will of MiltonMilton Duty, a copy whereof
has been read in evidence and if they
shall believe from the evidence that after
the making of the said will in the state of
MississippiMississippi the said Duty & the said plaintiff
removed to this state bringing the said plaintiff with him & became
domiciled here - & if they shall also
believe from the evidance that while the
said Duty & the plaintiff was so domiciled
in this state, the said Duty deceased
& that after his decease letters of
administration in due course of law
were granted in this state to the Defendant upon
the estate of said Duty - then in such
case the said will of the said Duty does
not have the effect to emancipate the
said plaintiff & he is not entitled to
his freedom by reason thereof &
they will find the open for the Deft

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[missing figure]

(g)
Instructions given by court
NatNat
vs
Geo WGeorge W Coons CoonsGeorge W Coons
Instruction

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[missing figure]
marginvertical

Given Jan 27 1846

The paper offered in evidence to the jurypurporting
to be the last will of MiltonMilton Duty deceased
does not of itself operate as an emanicipation
of the plaintiff, nor does it confer on him any
right to freedom- and unless the jury find
from the evidence that the plaintiff is
entitled to his freedom in same other way
than by virtue of said will, they must find
for the defendant.

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[missing figure]

(H)
Instruction given on behalf
of deft.

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[missing figure]
NatNat (a man of color)
vs
GeorgeGeorge W Coons WGeorge W Coons CoonsGeorge W Coons

In St Louis Circuit CourtCircuit Court

And now comes the said plaintiff and
prays that an appeal be allowed him from
the judgment of this court to the SupremeSupreme Court of Missouri
Court of MissouriSupreme Court of Missouri and files the following
affidavit therefor to wit.

St Louis County ss

NatNat , the above named
plaintiff, maketh oath in open court and
saith that he does not take the appeal
from this court to the Supreme CourtSupreme Court ,
which he has above prayed for the
purpose of vexation or delay but because
he belives he is aggrieved by the judgment
of this court

Sworn to and subscribed
before me this 11Feby 1844

JnJohn Ruland RulandJohn Ruland Clk

NatNat his mark

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[missing figure]

St Louis Circuit CourtCircuit Court

NatNat (a person of color)
vs
Geo WGeorge W Coons . CoonsGeorge W Coons

motion & afft for appeal

filedFeby 11. 1846

Jno RulandJohn Ruland Clk

7 p 93. -
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[missing figure]

Supreme Court of MissouriSupreme Court of Missouri - March Term 1847

NatNat (of color)
vs
George W. CoonsGeorge W Coons

Appeal from St Louis Circuit CourtCircuit Court .

Now at this day come again the parties aforesaid by their
respective [ attornies ], and the Court here being now sufficiently advised of and concerning
the premises, to consider and and judge, that the judgment aforesaid, in form aforesaid,
by the said Circuit CourtCircuit Court rendered, be in all things affirmed, and stand in
full force and effect.

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[missing figure]

State of MissouriMissouri, sct.

I, Hampton D.Boon Clerk of the Supreme CourtSupreme Court
of the State of MissouriMissouri, do hereby certify that the foregoing, is a full, true and perfect
transcript of the judgment of said Supreme CourtSupreme Court , in the case of NatNat (of color) appellant
against George W. CoonsGeorge W Coons appellee from the St Louis Circuit CourtCircuit Court .

[missing figure]
Given under my hand, with seal of said Court
affixed, at office, in the city of JeffersonJefferson , the 10th of August A.D. 1847

H.L.Boon.

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[missing figure]

NatNat : (of color)
ats
Geo W. CoonsGeorge W Coons

Filed August 24th 1847

Jn RulandJohn Ruland Clerk