John McCarley Will, 1847, Texas

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

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