Jesse Yoakum

     Jesse Yoakum was born in 1787 at Muddy Creek, Greenbrier County, Virginia Colony, USA. He was the son of George I. Yoakum and Martha VanBebber. Jesse Yoakum married Anna Berry circa 1809 at Tennessee. Jesse Yoakum died between 1850 and 1854.
     From Gary R. Hawpe, ed. and comp., 'Real Estate of Jesse Yoakum,' Van Bibber Pioneers E-Newsletter, Vol. 4 No. 9 (July 2001), pp. 10 - 13.

REAL ESTATE OF JESSE YOAKUM, SR.

This indenture made and entered into this fourth day of May in the year of our Lord one thousand eight hundred and fifty four by and between Alvis Yoakum and Elizabeth Yoakum wife of said Alvis, William Yoakum and Sarah Yoakum wife of said William, Jesse T. Yoakum and wife Rebecca Yoakum wife of said Jesse T. Yoakum, and James B. Kesterson and Catharine Kesterson wife of said James B., heirs at law of Jesse Yoakum, Senior, now deceased, parties of the first part, and Isaac Yoakum party of the second part. Witnesseth, that the said parties of the first part for and in consideration of the sum of Three Hundred Dollars to them in hand paid by the said party of the second part, the receipt of which is hereby acknowledged have granted, bargained and sold and by these presents, they the said parties of the first part do hereby grant, bargain and sell, convey and confirm unto the said parties of the second part and to his heirs and assignees forever all that land situated in the County of Ray in the State of Missouri, known and designated as the North East quarter of the North West quarter and the North West quarter of the North East quarter both pieces in Section thirty two in Township fifty four of Range twenty seven, containing Eighty acres, be the same more or less with the appertainances to have and to hold the lands aforesaid together with all the rights, privileges and appertainance thereunto belonging or in any wise appertaining unto the said party of the second part and his heirs and assigns forever and the said parties of the first part for themselves and each of them their heirs, executors and administrators and each of them covenant and agree to and with the said party of the second part and his heirs and assigns against the lawful claim and claims of all persons whomsoever to warrant and forever defend by these presents ----In testimony whereof the said parties of the first part hereunto set their hands and seals on the day first herein written.

/s/ Alvis Yoakum
/s/ Elizabeth (x) Yoakum
/s/ William (x) Yoakum
/s/ Sarah W. Yoakum
/s/ Jesse T. Yoakum
/s/ Rebecca Yoakum
/s/ James B. Kesterson
/s/ Catharine (x) Kesterson

State of Missouri, County of Ray: Be it remembered that on this fourth day of May in year of our Lord One thousand Eight hundred and fifty four, before me, Abraham Hayler, the undersigned, a Justice of the County Court of the County of Ray, aforesaid personally came the aforesaid Alvis Yoakum and Elizabeth Yoakum the wife of the said Alvis, William Yoakum and Sarah Yoakum the wife of said William, Jesse T. Yoakum and Rebecca Yoakum the wife of said Jesse T., and James B. Kesterson and Catharine Kesterson the wife of the said James B., all of whom are known to me to be the same persons whose names are subscribed to the above and foregoing conveyance as parties thereto and they severally acknowledged that they executed and delivered the same as their voluntary act and deed for the purposes therein mentioned and the said Elizabeth Yoakum and Sarah Yoakum and Rebecca Yoakum was by me first made acquainted with the contents of the said conveyance and they severally acknowledged on an examination apart from their respective husbands that they executed the same and relinquished their dower in the real estate therein mentioned freely and without compulsion or undue influence of their said husbands, and the said Catharine Kesterson was by me also made acquainted with the contents of the said conveyance and she acknowledged on an examination apart from her husband that she executed the same freely and without compulsion or undue influence of her husband. Taken and certified on the day and year last aforesaid.

/s/ Abraham Hayler, One of the Justices of the County Court.

Filed for record 25th April 1856. R. Revier, Recorder.

Ray County, Missouri Deed Book K, Pages 147 & 148.

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State of Missouri, County of Ray, In the Ray County Court of Common Pleas, Saturday 24th November Term 1855.

Rebecca Yoakum, Administrator of the estate of Jesse T. Yoakum, deceased. vs Isaac Yoakum, Alvis Yoakum, William Yoakum, James B. Kesterson and Catharine Kesterson.

Now at this day comes the Plaintiff by her attorney and here makes to the Court due proof of publication of the order notifying Isaac Yoakum, now a nonresident defendant of the commencement of this suit, and this being the sixth and last day of the present term of this Court, the said Defendants came not, nor do they or any of them answer the petition of the Plaintiff but leave the said action against them herein undefended. It is therefore considered by the court that the allegations contained in said petition be taken as confessed and a judgment by default and decree nisi is here entered against said Defendants in the premises according to the prayer of said petitioner as follows, to wit: It appearing to the court that Jesse T. Yoakum, the deceased, and the Defendants were the heirs and legal representatives of their father, Jesse Yoakum, deceased, and as such were entitled to partition in certain real estate, and it also appearing that said heirs and legal representatives were all of full age and having the right to make partition as aforesaid among themselves, they agreed to do so and in pursuance of said agreement each executed to the other a deed of conveyance, thereby vesting in each in severalty the part of said real estate as they had agreed it should be divided and in pursuance of said agreement, the said Jesse T. Yoakum, in his life time and his wife the Plaintiff and petitioner of said Jesse T. Yoakum, deceased, in manner and for the purposes as stated in Plaintiffs petition in this suit, joined in separate deeds to each of said Defendants by which they acquired the right in severalty to said real estate so agreed to be divided among them, and it also appearing that said deeds were accepted by each of said Defendants, as a full compliance of the agreement in Plaintiff's petition. It further appearing that Defendants in executing a deed in compliance with their said agreement with said Jesse T. Yoakum, now deceased, made a mistake in properly describing a portion of the real estate intended to be conveyed by them to said Jesse T. Yoakum, now deceased, and that by said mistake there was a misdescription of the following parts of said real estate to wit: The North East quarter of the South East quarter and the North West quarter of the South West quarter of Section sixteen, in Township fifty four, of Range twenty seven, which is the true description of the said real estate, but by the deed as executed by Defendants as aforesaid they have by mistake described the same as being in Range twenty, whereas it should have been described as in Range twenty seven, and the Court is satisfied that said mistake ought to be rectified by said Defendants, and that they should be required by a decree of this Court to rectify said mistake, and the Court being satisfied that since the execution of the defective deed as foresaid, that the said Jesse T. Yoakum has died interstate leaving the Plaintiff, his widow, and Mary Frances Yoakum, Daniel W. Yoakum, and Elizabeth H. Yoakum, his infant children and heirs at law of said real estate. It is therefore ordered and decreed that said Defendants make, execute, and deliver to the said petitioner as Administrator of the Estate of Jesse T. Yoakum, Deceased, a good and sufficient deed in fee simple, to be made and executed to the said Mary Frances, Daniel W., and Elizabeth H. Yoakum, as the heirs and legal representatives of said Jesse T. Yoakum, Deceased, and which said deed shall embrace and contain the following described lands situated in the County of Ray, in the State of Missouri, to wit: The North East quarter of the South West quarter and the North West quarter of the South West quarter of Section sixteen in Township fifty four of Range twenty seven. It is further ordered, adjudged, and decreed that the right and title of the land aforesaid, be divested out of the said Defendants and that the said infant heirs of Jesse T. Yoakum, Deceased, be invested with the legal and equitable right and title in and to said lands as above described, reserving to the Plaintiff, as the Widow of said Jesse T. Yoakum, Deceased, her right of dower in the same, and that unless the said Defendants shall appear in this Court at the next term thereof and show good cause for setting aside this decree, the same will be made final and absolute, and this case is accordingly continued.

State of Missouri, County of Ray, In the Ray Circuit Court, Saturday 8th March Term 1856. Rebecca Yoakum administratrix of the estate of Jesse T. Yoakum, decd. vs Isaac Yoakum, Alvis Yoakum, William Yoakum, James B. Kesterson and Catharine Kesterson.

Now this day came the Plaintiff aforesaid and it being shown to the Court here, that in this case which has been transferred to this Court from the Ray County Court of Common Pleas, in accordance with the Act of The General Assembly of the State of Missouri repealing the Act establishing said Court of Common Pleas, by the records of said Court that an interlocutory judgment by default was rendered against said Defendants therein in the cause aforesaid at the last term thereof, and the said defendants failed to appear in this Court, nor do they or any of them show to this Court any cause for setting aside said judgment and decree. It is therefore ordered, adjudged, and decreed by the court here that the said interlocutory judgment by default and decree nisi, be and the same is hereby made final and absolute against said Defendants, and it is further considered by the Court here that the said Plaintiff recover against the said Defendants her costs by her about her suit in this behalf expended, and that she have execution thereof.

State of Missouri: I, Robert Sevier, Clerk of the Circuit Court of the County of Ray aforesaid, certify that the foregoing is a true and perfect copy of the interlocutory judgment by default and decree nisi rendered by the Court of Common Pleas of said County, and also of final decree and judgment of said Circuit Court in the cause aforesaid, as the same appears of record in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said Circuit Court at Office in Richmond, this 12th day of November 1856.

/s/ R. Sevier, Clerk.
Filed for record 1st July 1857. R. Sevier, Clerk recorder

Ray County, Missouri Deed Book K, Pages 444 & 445.