Anderson County Texas Archives Wills.....Dalton, Lacy W. August 20, 1855
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File contributed for use in USGenWeb Archives by:
Karen Groce wgroce@wildblue.net May 20, 2017, 3:20 am

Source: Original Will
Written: August 20, 1855
Recorded: August 28, 1855

State of TX}
County of Anderson}
I, LACY W. DALTON, being in my proper mind and actuated by the love and 
affection I have for my beloved wife, Martha Dalton, and for my beloved 
children, herein named, do in view of the certainty of death, make this my 
last will and testament.
In the name of God, Amen.
I will and bequeath unto my wife, MARTHA DALTON, one negro woman, Sarah, 
with her future increase, and her child Joe, to have and to hold during her 
natural life. I further will that said woman Sarah, together with her future 
increase and her child Joe shall at the death of my wife, be divided among 
my children VIRGINIA M., JAMES H., LACY W., and GEORGE ANN Dalton. I further 
will unto my wife Martha my gold watch and one feather bed and furniture to 
have and to hold forever.
As my son JOHN BELL DALTON has already received $2000 of his portion of my 
estate, I further will him, not only the said amount he has already received 
but also one horse and saddle worth one hundred and twenty five dollars.
I will and bequeath unto my daughter VIRGINIA M. DALTON four negroes, viz: 
Jim, Harriet, Jane and John to have and to hold forever.
I will and bequeath unto my daughter GEORGE ANN DALTON four negroes, viz: 
Peyton, Susan, Bob, and Rosetta, to have and to hold forever.
I will and bequeath unto my son JAMES H. DALTON, four negroes, viz: Nelson, 
a man and Nelson a boy, Aunt Matilda, and Milo to have and to hold forever.
I will and bequeath unto my son LACY W. DALTON, four negroes viz: 
Bertley(?), Emily, Amanda & Tilda, a girl, to have and to hold forever. I 
further will and bequeath that my said son LACY W. shall have three hundred 
dollars out of any money arising from the sale of my land and perishable 
property.
I further will and request that my friend ROBERT K. GASTON shall act as 
guardian for my two sons, JAMES H. and LACY W. and as executor of so much of 
my will as pertains to my wife, Martha and my said sons, James H. and Lacy 
W.
I further will and request that my friend JAMES l. MCMEANS shall act as 
guardian of my two daughters, VIRGINIA M. and GEORGE ANN, and executor of so 
much of my will as pertains to my said two daughters, and my son JOHN BELL.
I further will and request that at the death of either of my executors or in 
case he shall refuse or find it inconvenient to act, the other shall take 
his place as executor of my will and guardian of my children.
I further will and direct that my executor or executors shall sell on 12 
months time to the highest bidder, on the Christmas following my death, my 
negroes and land not mentioned before in this will, but that they shall sell 
the remaining perishable property as soon after my death as may be 
convenient and advisable.
I further will and direct that the amounts obtained by the sale of said 
lands and perishable property shall be so divided that my wife, Martha, 
shall have a third part of the price of the land and one fifth part of the 
balance of the money not disposed of above; and that the remaining amount of 
said money be equally divided among my four children VIRGINIA M., JAMES H., 
and GEORGE ANN and LACY W. after my just debts shall have been paid.
I further will and bequeath that should it appear from an examination of the 
laws of this state that this my last will and testament is not in accordance 
with said laws from the fact that any of my heirs may not have received that 
part of my estate which the law would authorize them to receive then in that 
case I desire that my executor or executors shall make up said portion out 
of any monies belonging to the estate not otherwise appropriated, until such 
portion shall be in accordance with th laws of this state. Should there not 
be a sufficiency of funds left after paying all my just debts, for the 
purposes above mentioned then the sum shall be made up taking an equal 
portion fo the same from the portion of each of the other heirs.
I lastly will and decree that the Probate Court shall have nothing to do 
with my estate further than to probate this my last will and testament.
Sealed, signed, and delivered at my residence in Anderson County, Texas, 
using scroll for seal, this 21st day of April AD 1855, in the presence of           
                    
[s]  Lacy W. Dalton (seal)
John Scarborough
Travis Flinn
State of Texas}
County of Anderson}
Personally appeared before me the undersigned authority Travis Flinn one of 
the witnesses to the foregoing last will and testament of Lacy W. Dalton and 
on his oath states that he was present and saw the said Lacy W. Dalton sign 
the same and acknowledge that he did so for the purposes therein contained 
and that he signed the same as a witness at the request of said Lacy W. 
Dalton. 
[s] Travis Flinn
Sworn to before me in open court this 28th day of August AD 1855. W.H. 
Vaughan, Clerk CCAC
State of Texas}
County of Anderson}
I hereby certify that this will is duly recorded in my office in Book E 
Probate Record, on pages 437 & 438. W.H. Vaughan, Clerk CCAC
An Inventory of the property belonging to the estate of L.W. Dalton deceased 
appraised September 9th 1855:
____ Land ____ Acres at $1.25/100 per acre
Negroes:
Peyton a man $1100
Nelson a man $1000
Bill a man $800
Jim a man $750
Bootley a man $700
John a lad $300
Nelson a lad $300
Joe a child $200
Henry Adam child $100
Baldam an old man $200
Harriet a woman $900
Sarah a woman $700
Emily a woman $700
Milly Ann a girl $300
Maranda a child $200
Susan a woman unsound? $350
Rosetta a child $200
Nancy a child $100
Matilda a woman $600
Matilda Ann a girl $500
Jane a girl $400
Sarena an old woman $400
along with household goods, furniture, crops, & stock

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Additional Comments:
Notes: 
Early History of Academy Church, Tippah Co., MS, Additions/Dismissals:
February 3, 1844, L.W. Dalton and wife Rosannah added

1850 Anderson Co., TX, house #92:
Lacy W. Dalton, 36, farmer, $1000, VA
Rosanna R., 30, GA
John B., 12, MS
Virginnia L., 10, MS
James H., 7, MS
Lacy W., 5, male, MS
Georgia Ann, 1, Anderson Co., TX

Lacy W. Dalton, Justice of the Peace, Precinct #5, Anderson Co., TX, Elected 
Aug. 7, 1854, Comm. Sept 7, 1854.

File at: http://files.usgwarchives.net/tx/anderson/wills/dalton7wl.txt

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