[Mullanphy, John]: [LAST WILL AND TESTAMENTJ. [St. Louis:- 1837?J. :�.5PPt s.,.titchedt uncut. Untitled. Clean and Near Fine. ,-.::rev& �l4 rar will of this American Catholic philanthropist t animmigrant from Ireland who made a fortune buying and then selling cotton during and after the War of 1812. Mullanphy settled in St. Louis, where he endowed many Catholic charities; and established a trust for poor emigrants passing through St. Louis to settle in the West. Among many provisions, he provides for "a mulatto child called Fanny," age about four years and living with him, freeing her at age 18. He solemnly swears that she is not his daughter. Mullanphy found time to sire fifteen children. OCLC records only the copy at Duke; although Mullanphy died in 1833, OCLC suggests an 1837 publication date. His son served for a time as Mayor of St. Louis. OCLC 31624596 [lJ. Not in Missouri Lmp.r i.nt s Inventory, Sabin, American Imprints. $375 (#20827) IN the name of God Amen, I John Mullanphy being in sound and disposing mind and memory make this my last will and tes­ tament. 1. I hereby give and bequeath to the Roman Catholick Bishop of St. Louis for the time being or if there be no bishop, then to the highest dignitary of the Roman Catholick church in said diocese, the sum of two thousand Dollars, for the sole and only purpose of erecting a chapel on the lot in the city of St. Louis heretofore conveyed by me for the use of the sisters of charity, and on which lot the sisters of charity now reside; but this legacy is upon the condition, that the said Bishop shall furnish a clergyman to perform service in said chapel daily and every day in the year, as long as the sisters of charity continue an establishment upon said lot and untilz the lease for said lot here­ tofore executed by me for the benefit of said sisters of charity shall expire or be forfeited. 2. I give and bequeath to the Ro­ man Catholick Bishop of the Diocese aforesaid, or if there be no such bishop then to the next highest dignitary of the same church in said diocese for the use of the children brought up from time to time by the nuns of the sacred Heart of Jesus on the foundation heretofore created by me at St. Louis the yearly sum or annuity of one Hundred Dollars, to be paid to said Bishop or other dignitary in equal semi-annual instalments for ever, which said Bishop or other dignitary as aforesaid is to receive said annuity from time to time in trust, first to put the same out at interest to the best advantage from time to time to time to ac .. cumulate and form a fund for the benefit of said children.-­ Secondly whensoever any of said orphan children shall have remained out their time at said establishment, and shall have conducted with propriety, and shall marry, then upon such marriage, said Bishop or other dignitary administering this fund for the time being, shall give to each of said orphans so marry­ ing, whose conduct has been proper and meritorious as aforesaid the sum of one hundred Dollars at least, and more, if the situa .. tion of the fund will admit according to the respective merits of those entitled to a donation out of this fund. 3d. I give and be­ queath to my sister Jane Delany of Baltimore the sum of three hundred a year, to be paid to her for and during her natural life by semi-annual instalments of one hun hundred and fifty Dollars each. 4. To my nephew Hugh Mullanphy of Cullen­ wood, Dublin city in Ireland, I give and bequeath the sum of two hundred and fifty pound, in sterling money to be paid as l -2-- soon as convenient after my death, to the said Hugh if he be then living but this bequest will be nugatory if he dies before me. 5. I give and bequeath to the sisters of charity Ìn St. Louis established on a foundation created by me a mulatto child called Fanny, now aged about four years and living with me; to have and hold to said sisters of charity untill she shall arrive at the age of eighteen years, They are to learn her to read. and write and treat her kindly-at the age of eighteen years, thesaid Fanny shall be free absolutely provided she shall have in the mean time conducted with propriety. And upon her mar­ riage to some decent orderly person, after s·he shall have become, free, I give and bequeath to her, the sum of two hundred Dollars. 6. And for the purpose of s.ecuring for ever the payment of the annuity of one hundred Dollars mentioned in the second article above, and also the payment of the threehundred dollar annuitymentioned in the third article above for and during the whole period, that said annuities shall be, payable respectively accord­ ing to the tenor of said articles ; and for the purpose of securingthe payment of the two hundred dollars mentioned in the fifth article above, whensoever the contingency shall have happened; on which the payment thereof depends; I do devise unto John O'Fallon, Thomas Biddle and George Collier � . �the following described lot of ground situated in the city of S�'l.Louis to wit a lot one hundred and seventy feet french measure, in fran t on Main str. running back to the river Mississippi wituthe same width bounded on the north. by Cherry street, east, bythe Mississippi river, south by property formerly of one Pincin­ neau � west by Main str. to have and to hold the same unto the said O'Fallon, Biddle and Collier for and during their lives, and to the survivors of them & unto the survivor of them for and during their and his life and un to the heirs �nd assigns ofthe survivor of them for ever-In trust for the ultimate security,for payment of said annuities and each instalment thereof, & for the ultimate payment of the said two hundred Dollars. Hut it, is my intention and will that said trustees who are also generaltrustees for the purposes. of this last will and testament, shall pay said annuities from time to time and shall pay said two, hundred Dollars out of the general mass of my estate put into,their hands as herein after expressed; as it is my design and meaning that said lot shall be charged for the ultimate securityof said moneys and annuities & is to be resorted to only in. case, they cannot be paid out of other funds. 7th. And where­ as I have expended in cash upon the lots by me conveyed forthe use of the sisters of charity in St. Louis and for their sup­ port, and maintenance three thousand dollars more than I had. agreed to expend; for which the Roman catholick bishop of this -3- diocese has agreed lo execute a mortgage· on that one of said lots which is opposite to the gre-en tree tavern upon which are four buildings, to secure the payment of the .sum of one hundred and twenty Dollars per annum for and during 'the existence of the lease made by me for the use of the nuns of the 'sacred heart of Jesus at St, Louis. ,I do therefore give and devise said annui­ ty 'Of one hundred and twenty Dollars to 'said nun's, and direct that the said Mortgage be executed to Mme. Duchesne to hold to her in the same manner and on the same conditions, in and upon which, the land was conveyed to her by me ; which annui­ ty is to be. 'expended from time to time in the purchase 01 bed .. ding and cloathing for the orphan children maintained on the foundation created by me in the manner stipulated in the instru .. rnent by which l conveyed the land ,for 'said nuns nf the sacred heart and created said foundation. Sth, All my estate real 'and personal, all my lands, tenements and hereditaments, and all right in law et equity to any land or real 'estate owned by me, all bonds, notes, mortgages� debts, accounts, demands and claim'S due to or belonging to me in any way; and all cash, annuities bank stock, government stock or any other stock whatsoever 'and any dividends due or to grow due on the same, belonging lo me or claimed by me in law or equity, wheresoever the same real estate and lands and stock & 'debts & claims may be '; and all my slaves and personal property, furniture, books &c, with the exceptions and reservations contained in the 'legacies, devi­ ses, and dispositions in the preceding articles .herein contained, I do give devise and bequeath unto the said _ 'during their joint lives and to the survivors and to the survivor bf them to 'have and to hold the same lands tenements and he­ redi tamen ts arid e very parcel thereof and all rights, & appurte­ nances thereto belonging, and the same bonds, mortgages, notes, ;gebts" 'amounts & demands, cash, annuities, bank stock and other �tock & dividends and said personal property & 'slaves with the exceptions aforesaid, 'un to them the said _ � ... � _ '- for and during their joint lives with remainder h) the two survivors of them for and during the joint lives of such survivors, and with remainder then to the survivor of the "three for 'and "during his life & to the heirs' and assigns of such �unrivbr for ever in trust, for the purposes herein specifiéd.-­ :9.t:�. The said trustees and the survivor and his heirs so long as 'thi� trust 'shall continue, are to pay 'Out 'of the general fund this 'Created ili, their .hands the annuities mentioned in the second and third articles above, if said annuities shall so long continue & shall also pay if. the contingency occurs the two hundred Dollars 'Ìn thè Hfth article above mentioned, the lot charged with _.4-- said annuities and sum of money being intended only as ultimate securi ty. lflth. After the legacies and provisions herein before made, the one equal fourth of all my property thus thrown into one fund and mass in the hands of said trustees is to be held by said trustees for the use of my daughter Jane Chambers and her lawful issue. This fourth I consider the portion of two children (as I have had eight) but as I am sure it was and would have been the intention of my deceased daughter Ellen to give her portion to the said Jane and her family, I now carry her pre­ sumed intention into effect. This undivided fourth part my said trustees are to manage and recei ve the rents issues and profits; and out of its income to pay one thousand Dollars annually to the said Jane during her life for her sole and seperate use; and the residue of the income derived from this fourth part, is to be placed at interest except a sufficient allowance out of it for the education of her children, and is thus to accumulate untill the marriage of the daughters of said Jane respectively and untill her sons shall respectively arrive at the age of twenty-five years and when the contingency of marriage happens to a daughter or the arrival at the agA of twenty five years to a son, then the rateable proportion of such accumulation as aforesaid, shall be paid over to such son or daughter and the rateable proportion of the annual income of one fourth of my estate in this article ap­ propriated, is to be paid annually to such child so marrying or arriving at the age aforesaid, during his or her natural life ; and in case of his or her death is to go in fee to right heirs of such child forever, and in case any of said Jane's children die not having 'lawful issue then such child's portion shall go to the sur­ viving children of said Jane in the same manner and under the same regulations as has already been provided as to their own shares. If my daughter Jane should die while her children or any of them are under the age of twenty one years itis my re­ quest that my sons in law Thomas Biddle and Richard Graham or the survivor of them should be appointed and serve as guar­ dians of such minors and take charge of their welfare and edu­ cation and the provisions in this last will and testament to the advantage of such minor children of my daughter Jane shall be null and void and their portions shall go back into the general fund in case said Biddle and Graham or one of them shall not be appointed guardians as aforesaid provided they or one of them will accept such guardianship & are labouring under no disability to act as such guardians. If said Biddle & Graham shall die before my daughter Jane or be disqualified utterly to act as such guardians in the life time of said Jane, then it is ,my will that said Jane should nominate some fit person or persons other than her husband to act as such guardians after her death. -5-- Il the Another undivided fourth part of the general mass of my property conveyed to the trustees as aforesaid is to be held by them for the use of my son Bryan Mullanphy in the following manner. The trustees are directed to pay him the sum of one thousand dollars per annum out of the income thereof untill he shall attain to the age of twenty five years to be paid in equal quarterly instalmen ts of two hundred and fifty Dollars. The residue of the income derived from this fourth is to be placed at interest by the trustees to accumulate untill said Bryan shall be twenty five years of age. At that period if said trustees or the survivors or survivor of them shall be of opinion that the conduct of said Bryan is such as to warrant a reasonable belief that he will properly manage the property and make good use of it, then the trust as to him shall cease and the trustees shall ac­ count to him for his fourth and its accumulations and convey the same to him in fee. 12th. The portion devised for the benefit of my son is twa eighths--beirig the equal portion of two children; but is intend­ ed and so I will declare and so instruct my trustees, that out of -this fourth an annuity shall be paid for the support of my Daugh­ ter Octavia now in france who will probably enter some reli­ gious community. In order to provide for her it is my will that she receive for and during her natural life the annual sum of one thousand Dollars payable in advance in semi-annual instal­ ments, by the trustees while they act in the trust, and by my son Bryan in the same manner whenever he shall come to the possession and ownership of his portion. And to secure this annuity and its punctual payment to my daughter as aforesaid, I charge the same on the lot devised in the sixth article above, lying in St. Louis being one hundred and seventy feet french measure in width in front on Mn. str. running back with same .width to the River, bounded north by cherry' str. & south by land formerly of Pincenneau; which lot is to be deemed and held bound for the payment of the annuity herein created as - well as for those mentioned in said sixth article. 13th. The remaining half of the general mass of my property, not yet disposed of, is to be held for the use and benefit of my daughters, Catherine Graham, Ann Biddle, Mary Mullanphy and Eliza Mullanphy, share & share alike; the two former to receive from the trustees their respective incomes as they arise from their portions, to their sole and seperate use during their Jives respectively. And I empower the said Catherine and the said Anne, each of them by their respective last wills and testa .. rnents in writing duly executed to dispose of their respective shares under this will, and to bequeath and devise each of them ' in fee, her eighth part of my estate, herein devised to her use as she pleases 'absolutely; and my trustees are, instructed to act accordingly and convey their respective 'portions in confòrmitv with the directions of such wills. And my daughters Mary & Eliza are each to receive from the trustees out of the incomes of their respective portions annually a reasonable sum for their support while unmarried, And the residue of the income of each shall be placed at interest un till their respective marriages, and whenever either of them shall Marry the trustees shall pay over to her any accumulations on her eighth that may have accrued, and thereafter shall annually pay to her the whole amount of the income from her eighth part. 1f either of my said daugh­ ters Mary and Eliza, shall die before marriage and without law­ ful issue, the portion of such daughter deceased shall from that time be held by su.ch trustees for my other 'children as already provided and is considered as disposed of in the provisions herein before inserted ; & in case they mar�y they can respectively by their last Will dispose 'of their portions in fee and my trustee's will act accordingly. . 14. To my wife Elizabeth Mullanphy in lieu of Dower I give and bequeath the annual sum of one thousand dollars during her life payable, in advance and semi annually remitted to her 'at Paris clear of all expenses to her. TRis provision and bequest is to be complied with and fulfilled by my said trustees ponctual- 1y; and this annuity is to be paid by the trustees out of the :gè­ neral fund & mass of my property conveyed 1:0 them herein, prior to and having preference of, the devises and distributisn to my children. 15th. I declare it to be my intention herein and that such is 'the disposition of the several portions, parts and annuities herein provided for my daughters, the same portions and annuities and provisions, are and are to be during the respective lives of my said daughters, for the sole and seperate use of my said dan/gn­ ters apart from and uncontrouled by their' their respective hus. bands; and said trustees are directed to act accordingly- land. account to my said daughters accordingly and not to their husbands. 16th. In case my son Bryan shall die before me not 'leaving lawful heirs of his body, his portion above provided for him, shall belong to the mass and fund conveyed to said trustees 'and be held by them for the uses specified already, But if myson shall survive methen I devise to him the following tracts of land situate in St. Ferdinand township -& St. Louis county in Misòtl­ ri, to wit-first a tract of land in the Florissant fields of eighteen' arpens ìn 'fran t bounded Bast 'by the little stream c'all'ed lCbld :wà­ ter, on the north by the property now owned by Hume, on the west by 'the Misòùti Rivèr & south by ait a·rpeht -�-' - f' 6£ land belonging to the heirs of John Baptiste, Laurent; second ... ly=-another tract of land in the same fields of seven and a quar­ ter Arpens in front bounded. east by said little River called cold. water, North by the said Arpent belonging to the heirs of Jean Baptiste Laurent west by the Misouri River & south by Joseph Aubuchon; third, another tract of land bounding on. the one last described containing five hundred and seventy five Arpens, bounded north by the last described lot in part; 011 the west bythe Misouri River; East by the common field lots of the village.of Florissant & on the south by property now or lately belong­ ing to Pierre Chouteau senior; fourth the Island commonlycalled Charbonnierre Island in the Misouri lying immediately opposite to the tract of land first above in this article described: Fifthly the house lately occupied by me as a mansion in said village of Florissant & the lot and premises comprehending some five or six superficial arpents contiguous and appurtenant.thereto, on which are stable yard &c., which premises arebounded west by said cold water creek, North by the Publickroad as it now runs, East by a street and south by the street leading to the nunnery: To have and to hold said tracts of land, Island and lot and house & premises with all rights and appur­tenances thereto belonging unto my said son Bryan for and during the term of his natural life ; and after his death the, same. are to go. and I devise the same, to the children of said Bryan lawfully begotten ba fee for ever; or if he shall die without law­ ful issue born or to be born to him, then I devise- the same to his right heirs in fee simple for ever, In case my said son shall outlive me, the devises in this article contained shall operate tothe exclusion of said trustees, & to- the exclusion of all other M­ vises, bequests and provisions in this last will and testament: con tained; and shall opera te to vest the legal ti tIe of said lands, tenemen ts and heredi tamen ts for life in my said son, with re­ mainder in fee to his lawful issue &;, in default of such issue, to his right heirs. The provisions in this article are cummulative & additional to the other provisions in favor of my son in thislast will contained. 17th. My trustees are directed as soon as convenient after mydecease to divide my real property lying at the north end of the city of St. Louis to the north of the str, called willow str. as well as, what lies on the Mississippi river as on all the strs, that do or will run through the same & to sell in fee alternate lots', I reserving the others, from sale and always reserving the corners,& leaving in all instances an alley not less than eighteen feetwide running from north to south through each square; and onsuch sales to. make execute and deliver, every and all properdeeds title bonds & conveyances in fee as shall be proper and good �n law: and to receive the proceeds of such sales; and out of such proceeds to erect and build on the lots reserved as afore­ said or any of them, good substantial brick and stone edifices; the rents, issues and profits accruing from which said buildings and improvements, are to be rec'd. by my said trustees, & to belong to the general fund in their hands & be subject to the provisions relating thereto herein contained. If either of my four daughters mentioned in the thirteenth article above shall die leaving lawful issue & without disposing of the portion in this will 'provided for her, as herein authorized the same shall go her children in fee simple, & if she leave no lawful issue, the same shall go in fee to her lawful heirs. 19th. If either of my unmarried daughters Mary and Eliza shall marry without the consent of my executors of a majority of them In such case I devise and bequeath to such daughter so .marrying without consent one Dollar in full of her portion of my estate; & declare null all provisions for her benefit in this will contained except the one in this article. 20th. And I give and bequeath to Daniel McGurran a sick man a t this time under the care of the sisters of charity in St. Louis, to be paid to him only at and during such time or times when he shall 'be in want and actually need it, the sum of three Dol­ lars pr week to be taken from the body of my estate before dis­ tribution among my children. 21st. If by any occurrence it shall at any time happen, that the lot on which the mortgage is' to be executed mentioned in the seventh article above, by the' Bishop, to secure the annuity of one hundred and twenty Dol­ lars shall not produce that sum, whether it be by failure of title, fire, depreciation of property, or for any other reason, then in such case the lot described in the sixth article above, & therein devised to trustees, being one hundred and seventy feet french measure in front on Mn. str. & running back to the Mis­ sissippi river shall be bound and held in trust for the payment of said sumof one hundred and and twenty dollars annually as long as the said annuity shall of right be payable, & my trustees mentioned in said sixth article and the heirs of the survivor of them will hold the same lot in trust for this additional object; but it is my intention that in no case and at no time shall resort be had to said last mentioned lot, for the payment of said one hundred and twenty Dollars, unless, the lot specified in said 'seventh article shall fail to produce the necessary sum. 22d. I hereby revoke and annul all former wills and testaments execut­ ed by me and appoint John O'Fallon.Thomas Biddle, and George Collier Executors of this mylast will and testament.-In testi .. mony whereof I have hereunto set my hand and seal to this my last will and testament consisting of six leaves fixed together -9- this being the seventh and of twenty two articles; there being an interlineation of the word" it" in the sixth article; the word "is," the words" of and before marriage éz " and "in" in thir .. teenth article, and the words" shall" die in the eighteenth arti ... cle and three words erased in the fourth line of the seventh article. JOHN MULLANPHY. Signed, sealed" published and declared by John Mullanphy as and for, his last will and testament, in the presence of us, who at the same time, at his:' express request and direction, and in his presence and in the presence of each other subscribed our names as witnesses thereunto, this twenty seventh day' of. February in the year of our Lord one thousand eight hundred and thirty at St. Louis. WILLIAM HIGGINS, JOHN THORNTON, .THOS. BOUGHAN. On reading the foregoing. last will and testament I perceive that I have made an omission in the fifth article respecting the mulatto child Fanny. The provisions therein made for her" I have been induced to make, from commiseration for her desti.. tute situation, as I ,have sent her mother to a distance for her improper conduct; and from the interest excited in me by the . intelligence and smartness of the said Fanny, and from her fre­ quent entertaining and amusing me with her innocent prattle; and in order to rebut and prevent any suspicion or imputation that may exist in consequence of the notice of her in my will l So�emnly declare before God that she is not my daughter.e=In testimony whereof 1 have hereunto set my hand and seal. JOHN MUL,LANPHY. [ ] Signed, sealed, published and declared by John Mullanphy as and fur a part of his last will and testament in the presence of us, who at the same time at his express request and direc­ tion, and in his presence and in the presence of each other, subscribed our names as, witnesses thereunto this, twenty seventh day of February, in the year of our Lord one thou­ sand, eight hundred and thirty at St. Louis. WILLIAM HIGGINS, JOHN THORTON, THOS. BOUGHAN. - Whereas, I John Mullanphy deem it expedient to make some alterations of and additions to my last will and testament exe ... 2 --10- cuted by me heretofore on the twenty seventh day of February in the year eighteen hundred and thirty; now therefore I do hereby make the following codicil. L I give and bequeath to the sum of five thousand Dollars on condition that the same shall be employed to support instruct and educate orphan and destitute boys to be received from time to time at the Roman Catholick College and to be continued there till of age or to be bound out, to any trade or business according to the discretion of the governors for the time being of said college; and if bound out as aforesaid to still remain under the con troul and superintendence of said said boys are to be taken from time to time from the sisters of charity who are established at St. Louis and if a sufficient number cannot be thus had, of .boys that have been under the care.and charge of said sisters of cha­ rity in St. Louis, then any three of my heirs are authorized from time to time to designate such others as can be accommodated at said college" . 2. I give and bequeath to the Bishop for the time being of St. Louis (meaning the Roman Catholick Bishop) the sum of five thousand Dollars, the use of it to be applied under the manage .. ment of the sisters of charity in St. Louis to the support and education of orphan and destitute boys and Girls, the boys to be from time to time taken to said college as aforesaid; and the girls not being over eight years of age to be transferred to the establishment of the nuns of the sacred Heart at St. Louis to be there received and educated according to the tenor and provi­ sions of the deed creating and endowing said establishment--so far as they can be there accomodated according to the provisions and limitations of that deed. Provided however that any sum or sums hereafter paid by me for procuring property for said sisters of charity in St. Louis, in my lifetime shall be taken and considered as paid on account of their legacy of five thousand dollars & my executors shall pay only the balance and said fund shall be held for ever by said bishop and his successors in the same diocese for the use aforesaid. 3. I hereby revoke and annul the first section in my said last will, which contains a bequest to the Bishop. 4. I also 'annul the 'third section in the same will, which section providesfor my sister Jane Delany, she having two sons, who are phisicians in good practice and able to support her G 5. I likewise revoke and annul the eleventh section of said will, which contains certain bequests to Bryan Mullanphy and also all of the twelfth section except so much thereof as relates to an annuity to my daughter Octavia which is to be paid and secur- --11- ed 'On the IDt as therein stated; and the property and portiou given t'O my SDn Bryan Dr his use in said eleventh section is to be held by the trustees t'O the general uses 'Of said will as if said eleventh section had never been written. 6. And whereas Thomas Biddle. 'One of the executors and trus­ tees of said will has departed this life, I hereby declare that the remaining executors named in said will are authorized to act and to receive the property devised in the same manner and with as full powers as if the said Biddle had never been named. The above six articles forming a codicil to the last will and testament heretofore made by me I have this day signed and sealed. Nov. 23d, 1831. JOHN MULLANPHY. [SEU.] The above was signed sealed published and declared as a codi­ cil to his last will and testament by John Mullanphy in our presence and in the presence of each of us who in his pres­ ence and at his request, and in the presence of each 'Other have hereto subscribed our names as witnesses this day of November in the year 'Of our Lord 1831. JNO. W. JOHNSON, THOS. HOUGHAN. I hereby make the following additional codicil to my last will and testament which was 'Omitted in the foregoing viz: I give and bequeath to my son Bryan the annual sum 'Of seven hun­ dred and fifty Dollars which my trustees and executors are re­ quired t'O pay t'O him annually during his life in equal quarter yearly instalments commencing from the time of my decease. I have this day signed and sealed the above as an additional CD .. dicil t'O my last will and testament this 23d November 1831. JOHN MULLANPHY. [SEAL.] 'The above was signed sealed published and declared as a codicil t'O his last will and testament by John Mullanphy in 'Our pre­ sence, who in his l?resence and at his request and in the pre .. sence 'Of each other have hereto subscribed our names as wit­ nesses this day of November in the year of our LDrd 1831. JNO. W. JOHNSON, THOS. HOUGHAN. I John Mullanphy, of the city 'Of Saint Louis, in the State of­ Missouri, wishing to make some denations, for the support and 'education of orphans, as substitutes for, and in lieu of, any do­ nations for those objects which ITlay be found in my last will and testament, as at present prepared and published, do make the following donations for those purposes, absolutely, and not to be affected or annulled, by any subsequent alteration, or avoidance, of said will, but to stand independently of my last will and testament, should the same be alte-red, Dr redrawn, in my life-time, Dr avoided, Dr set aside after my decease; and any of said donations or part, or parts, thereof, which may be actual­ ly made by me, during my life-time, are to be taken as parts of, and after my decease, to be deducted from .the respective dona­ tions following. 1st. I give to the Bishop of Saint Louis three thousand dollars, for the purpose .of building not less than eight houses for wid­ DWS, on the lot already conveyed to him for that purposp, upon a plan to be furnished by me, or should I omit to furnish the plan, then to be built 80 as best to attain the object of the donation. 2. To the Jesuits' College at Saint Louis, Five thousand dollars, on condition that they support and educate, for ever, five orphan boys, at a time, to be taken from the school of the sisters of cha­ rity at Saint Louis and in succession so as to keep the number five always full, as nearly as may be, un­ til each boy shall be twelve years old, respectively; and then to superintend the binding of them apprentices to some useful "trade, or occupation, and the proper care of them during their apprenticeship: but such of the boys .as shall be found to possess talents for the higher branches of learning, or for the ministry, ure to be kept, supported, and educated, by the college, after they attain the age of twelve years, instead of being bound �ppren tices. And in the event of' a discontinuance of the said college, the donees are to refund to the legal representatives of the donor, the principal sum of this donation; it being the intention of the donor that the interest of that sum shall be applied to the objects of this donation. And if the Jesuits College at St. Louis should decline to accept, or fail to fulfil the conditions of this bequest, or donation, then I give the said five thousand dollars to the Bishop Rosetti, and his successors, as principals of the sainte Mary's college, at the Barrens, in Missouri, upon the same terms and conditions as are offered to the Jesuits' College. And I make the following donations for the purpose of sup­ porting and educating orphan children, and for no other purpose whatever: 3. To the Bishop of New York three thousand dollars. 4. To the Bishop of Baltimore three thousand dollars. 5. TD the Bishop of Boston one thousand dollars. 6. To the Bishop of Philadelphia one thousand dollars. ' --12- -l� 7. To the Bishop of Bardstown Kentucky one thousand dollars'. 8. "I'o the Bishop 'Of Cincinnati Ohio one thousand dollars. 9. To the Bishop of New Orleans one thousand dollars. 10. To the Bishop of Florida five hundred dollars. Il. To the Bishop of Detroit in Michigan 'I'errìtory.fìve hun­ dred dollars, and 12. To theBishop of Charlestown, South Ca­ rolina, five hundred dollars. Signed and declared to be his act for the purposes above expressed, by the donor John Mullanphy, in the presence of the subscribing witnesses, who in his presence and in that of each other, have subscribed as witnesses at Saint Louis this third day of July in the year one thousand eight hun .. dred and thirty three. Attest HENRY SHAW, WM. GLASGOW, JOHN FORD., JOHN MULLANPHY. [L. S.] STATE OF MISSOURI, l ' County of St. Louis, � ss. Be it remembered, that on this first day of November in the year of our Lord Eighteen hundred and thirty three personally appeared before me the clerk of the coun­ ty court within and for the county aforesaid John Ford who be­ ing duly sworn upon his oath saith that in the month of July in the year of our Lord eighteen hundred and. thirty-three he did see John Mullanphy sign the foregoing instrument of writing and heard him declare the same to be his hand, act and deed for the purposes therein mentioned, and that he the said deponent did at the .request of the said John Mullanphy sign his name thereto, as witness to the same in his presence and in the pre .. sence of Henry Shaw and William Glasgow the other subscrib­ ing witnesses to the same. And that at the time of so doing he the said John Mullanphy was of sound and disposing mind to the best of his knowledge observation and belief. JOHN FORD. fSEAL.] In testimony whereof the said John Ford has hereunto signed his name and I have set my hand and affixed the seal of said court the day and year first aforesaid. . . ' HENRY CHOUTEAU, Clerk. STATE OF MISSOURI,. � County of St. Louis, � ss. Be it remembered that on this first day of November in the year of OUT Lord Eighteen hundred and thirty three before me the clerk of the County court within and for the County aforesaid personally appeared Henry Shaw who being duly sworn upon his oath saith that in the month of July in -14- :the year of our Lord Eighteen hundred and thirty three he, did ,see John Mullanphy sign the annexed instrument of writing and heard him declare the same to be his" hand act and deed" for the purposes therein mentioned and that he the said deponent .did at the request of the said John Mullanphy sign his name thereto as a witness to the same in his presence and in the pre- sence of William Glasgow and John Ford the other subscribing witnesses to the same and that at the time of so doing the said John Mullanphy was of sound and disposing mind to the best -of his knowledge observation and belief. HENRY SHAW. [SEAL.] In testimony whereof I have hereunto set my hand and affixed the seal of said Court: and the said Henry Shaw has subscribed his name hereto the day and year first aforesaid. HENRY CHOUTEAU, Clerk. Recorded II th September, 1837. STATE OF MISSOURI, l County of St. Louis, � ss. St. Louis County Court August Term 1837. l Tuesday 15th August 1837. ) Richard Graham & Catherine his wife James Clemens jr.ì & Eliza his wife and William S. Harney and Mary I his wife vs. >- John O'Fallon claiming to be Executor of John Mullan- I phy dec'd. ) Now at this day comes the said John O'Fallon by Mr. Gamble his attorney and lays before the court the Transcript of a Judgmen t of the circui t court for the county of Saint Louis rendered on the fifteenth day of April last past reversing the Judgment of this court in rejecting the paper purporting to be a copy of the will and codicils thereto of John Mullanphy deceas- , en and ordering this court to admit to probate the said paper purporting to be a copy of the will and codicils thereto of John Mullanphy deceased and to grant letters testamentary accord- . ing to law thereupon in obedience to said Judgment this court do admit the said paper purporting to be a copy of the will and codicils thereto of John Mullanphy deceased to probate and 01'­ derthe same to be Recorded. I Henry Chouteau clerk of the county court for the county of St. Louis do certify that the above is a true copy of the order made at the August Term of said court ìn the year Eighteen huudred and thirty seven admitting the will of John 1\1ulIanphy deceased and the codicils thereto to probate and ordering the same to be recorded as the same now remains of Record in my office. Given under -15- my hand and the seal of said court at office in the county aforesaid this Eleventh day of September one thousand, eight hundred and thirty seven. HENRY CHOUTEAU, Clerk. Recorded Il th September 1837. HENRY CHOUTEAU, Clerk. STATE OF MISSOURI, 1 County of St. Louis, ) ss. I Clerk of the County Court within and for the County of Saint Louis in the Sta te of Missouri do certify that the foregoing is a true­ copy of the 'last will and Testament of John Mullanphy deceased and of the codicils thereto and the probate thereof as the same now remain of Record in my office in the Record of Letters and wills book B page 340 and following. In testimony whereof I hereto set my hand and affix the' seal of said Court at office in the City of Saint Louis in [L. s.] the County and State aforesaid this day of in the Year of our Lord one thousand: Eight Hundred and Clerk.