State of Texas }
County of Red River } To all whom these presents
shall concern that I John McCARLEY now of sound mind
and in the decline of life and feeling the uncertainty
of living much longer do make this my last will and
testament.
1st. I commit my soul to God who gave it and my
body to the dust from whence it came.
2nd A__ my just debts and burial expenses are paid
it is my will and desire that the balance of my little Estate
be distributed in the following manner to wit
In the first place I have heretofore given to and paid over
to my sons John McCARLEY, Robert McCARLEY George McCARLEY and
my daughters Sally WALLIS, Anne WARE and Eliza ANDREWS all
their portion of my assets and all that they are to have or to
expect.
3rd It is my wish and desire and I do give to my grand
daughter Mary E. ANDREWS, daughter of William S. and Eliza ANDREWS
all the balance of my estate of whatever kind money notes stock
household furniture or whatever may belong to me and its further
my wish and desire that my executors so soon as the money can be
raised out of my estate sufficient to buy a young Negro woman for
said granddaughter Mary E. that he proceed to do purchase the same
for said granddaughter and it is my wish that so soon as the said
Negro is bought that my daughter Eliza ANDREWS, mother of said
Mary E. have the use and benefit of the Negro clear of charge
until the said Mary E. becomes of age or marries.
4th It is my wish and desire and I do appoint my son
George W. McCARLEY my executor to _ my last will and I authorize
him the said executor to carry out this my will without the
valuation or interference or controls or management of the probate
court except the proving and recording the same.
This the second day of January 1847. Signed Sealed in the Presence
of
Benjamin F. Lynn John McCARLEY {Seal}
T. C. Coals
County Court in Vacation 11 Dec 1848
The Petition of George W. McCARLEY to the hon court that an
instrument of writing purporting to be the last will and testament
of John McCARLEY late of the county aforesaid, dec'd has come
into his possession and that there are the names of five subscribing
witnesses to wit: Benjamin F. Lynn and T. C. Coals to the same one of
whom lives in Limestone County in Texas and the other in the State of
Arkansas. He would therefore ask of the court that the document
purporting to be the will as aforesaid be filed in said court and
that a commission issue directed to presiding authority to take the
deposition of Benjamin F. Lynn in order that such proofs may be had
as may be necessary to admit the aforesaid will to probate. We would
further as leave of the court to file the answered interrogatories
with his petition as in duty
bound will every pray.
Signed George W. McCARLEY
A true copy from the original on file this the eleventh day of December
AD 1848
Signed George Lawton, Clerk
To any Judge of the District Court Chief Justice or Notary
Public of Limestone County:
Greetings:
Repsoing special trust and confidence in your integrity
and ability in taking depositions between any parties whatever
we do hereby commission authorize and empower you to take the
deposition of Benjamin G. Lynn of your County in writing to be
signed by him with his own proper name at such place as you
shall direct after _______ him to speak the truth the whole
truth and nothing but th etruth in the premises which deposition
when taken is to be read in evidence in a certain matter now
pending in our said County Court wherein George W. McCARLEY
has filed in the office of the Clerk of this Court a certain
instrument of writing purporting to be the last will and
testament of John McCARLEY late of the County aforesaid
deceased and when you have so taken said deposition you
will seal up and transmit the same without delay directed
to the Clerk of the County Court of Red River County State
of Texas and endorse thereon deposition of B. F. Lynn
relative to the will of John McCARLEY decd.
[Note: I have combined below the questions in the deposition
and the answers. They do
not appear in the book in quite this order]
County Court in vacation Dec 11th AD 1848
The following interrogatories filed by George W. McCARLEY
to be propounded to Benjamin G. Lynn;
Int 1st Did you write the document herewith ___ purporting
to be the last will and testament of John McCARLEY decd
I did write the document refered to
Int 2nd Did you sign the same as one of two subscribing
witnesses
I did
Int 3rd Was the said John McCARLEY of sound mine and disposing
memory at the time he signed and executed the same
I believe the said John McCARLEY at the time of signing and
executing the same was of sound mind and disposing memory.
Int 4th Did he declare the same to be his last will and testament
He did
Int 5th Did he request you to sign the same as a witness
He did
Benjamin F. Lynn signed his answers
State of Texas }
County of Red River} Personally appeared before me
Benjm F. Lynn who made oath the answers to the interrogatories
as signed by him are true to the best of his knowledge and
belief.
Witness my hand and seal of office at Clarksville this
the 6th day of Feby 1849
Hugh F. Young , Chief
Justice of Red River co
On which answers to interrogatories in the following
endorsement to wit:
Filed Feby 6th 1849 George T Lawton Clerk
Recorded July the 25th 1849
George F. Lawton
Source: Red River County, Texas; Will Book A. Red River
County, Texas, Will Book A, page 27ff
USGenWeb Archives. By bBarbara Stevens Stevensba@aol.com
2002
