The following is a copy of the Deposition of Wm. Sitton in the Will Case of Frazier against Frazier. Question by the Defendants, State what you know of John Frazier and his will.
On the 8th day of October 1838 I was passing Samuel Smileys house in Lincoln County in the State of Missouri ----- Said Smiley requested me to come in and witness a will that a man named John Frazier had made. I went in the house. Saw Mr. Frazier for the first & last time, he was very weak. When raised up to sign his name to the will, he signed the first part of his name quick, it was some time before he signed the last part, and had to have his hand steadyed by some person, he signed it in that way in my presents. I asked him if that was his will, he nodded assent, the same will that I witnessed is before me at this time and bears date as above, and further this deponent saith not.
Wm. Sitton (signature)
The deposition of James Reid as follows.
Question by the defendant, Do you know of John Frazier making a will, if you was present at the time of his making the same, and if one was made state what took place before and at the time of making the said will.
All that I know respecting Mr. John Frazier is that I was sent for by my neighbor Samuel Smiley, and when I arrived at Said Samuel Smileys he, the said Smiley introduced me to a Mr. Frazier who was sick in bed, who wished a will written. I performed the writing part of the will which is now before me, and as far as I was capable of judging, the will except the caption, was exclusively his own diction, we had the room all most exclusively to our selves. Mr. Frazier although he seemed weak described the property disposed of in the will, and named the different individuals (donees?).
If there was any persuasion used with said John Frazier, I have no knowledge of it. I was only acquainted with Frazier during the time of his making his will, he seemed to me to be of disposing mind although when raised up in bed to affix his signature to the will after writing John he seemed to be overcome and had to be rested before he could finish the name, and as well as I recollect Mr. Jamison steadied his hand while he was writing Frazier. The original will is now before me, the same that I wrote, bearing date the 8th of October AD 1838. & further this deponent saith not.
James Reid (signature)
A Copy Teste
Geo. F. Hatcher Clk (signature)
The Commonwealth of Kentucky to any one Justice of the peace in the state of Missouri Greeting. Know ye, that we trusting to your fidelity and provident circumspection in examining James Reid & William Sitton as witnesses on behalf of the defendants in a certain suit in Chancery in our Lawrence Circuit Court, wherein Wm. Frazier Etc. are complainants and George Frazier Etc. are defendants, we therefore command you that at a certain time and place by you to be appointed, you assemble yourself & the witnesses aforesaid you call and cause to come before you and them diligently examine on oath touching the premises, and their examination so taken before you, you shall without delay send & certify to us thereof enclosed, and this writ. Witness Geo. F. Hatcher Clerk of our said Court at the Courthouse the 12th day of March 1847 & in the 55th year of the Commonwealth.
Geo. F. Hatcher Clk (signature)
Western Historical Manuscript Collection
23 Ellis Library, University of Missouri-Columbia
Columbis, MO 65201
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