Anderson County, Texas - Will - Daniel Parker, Sr. ********************************************************************* ****** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm Submitted by Scott Fitzgerald - scottfitzgerald@tyler.net East Texas Genealogical Society, President 20 April 2005 ********************************************************************* ****** Note: This transcribed copy of the will of Daniel Parker was found at the Palestine Public Library in the vertical file of the Parker Family. It was copied and typed from the copy that was in the file with all typos and mistakes as they were originally transcribed. I suggest that you get a copy of the original that should be in Mr. Parker's probate file or even the copy that is recorded in the Anderson County Deed Records. Parties: Kind of Instrument Cert. Copy Will & Probate Date 1845 Estate of When Filed March 5, 1872. Daniel Parker, Sr., Recorded in Vol. P Page 211 Deceased. DEED RECORD ============================================================================ Anderson County Abstract Company Capital $10,000.00 ============================================================================ The Will of God be done, Amen: Be it know by these presents that I, Daniel Parker Senr., of Houston Cty., Republic of Texas, being in a common state of health, both in body and mind, but knowing the fate of mortality, that we are all born to die, do now make this, my last Will and Testament, in respect to the things of this world with which God has blessed me. Item 1st: I will my soul to the God that gave it, and my body to the grave until the morning of the Resurection. Item 2nd: Provided my grandson, Armistead Bennett, son to Willie Bennett and my daughter Rachel, should live to the age of twenty ones years, I will and bequeath to that child one hundred and sixty acres of land, bounded North by the league line, on which I now live. Eastwardly by a divide line now direct across about the middle of said survey; Southwardly by the line of a three hundred and twenty acre tract of land which I have deeded to Miles Bennett, and Westardly by a line that will include the one hundred and sixty acres. But should the child die before that age, said land returns to my other heirs. Item 3rd: I give anf [sic] bequeath to my wife, Patsey, during all her natural life, the house and farm on which we now live, with an thereunto belonging , wagon, farming tools, &c &c at the death of my wife I give and bequeath said house and farm to my youngest son, Caleb, including all the land lying between the line run across about the middle of the league from the North boundary line S 25 deg E to the South boundary line and the East boundary line of a tract of land that I have deeded to my son, Benjamin Parker, except three hundred and twenty acres of land that I have deeded to Miles Bennett and the one hundred and sixty acres I have willed or give to my grandson, Armstead Bennett, supposed to be about thirteen hundred acres be the same more or less. Item 4th: I give and bequeath to my son, Isaac Parker, all that tract and parcel of land in the league on which I now live that lies above or Eastwardly of the before named divide line (page 2nd) runs across the League and below or Westwardly of the line of the tract or parcel of land that I have deeded to my son, Benjamin Parker, supposed to be about fifteen hundred acres, be the same more or less. Item 5th: For good causes to be well understood and known I give and bequeath to my brother, Nathaniel Parker, of Caler County, State of Illinois, one league and labor of land which is in my name, as Assignee of Sadup Powell, located on Box Creek, Harrison County; also one third league of land which is in my name as Assignee Of Wm. H. Powell located in the Nacogdoches County on the waters of the Sabine River; also one quarter of a league taken out of my fathers headright, located in Harrison County, between the little and big Cypresses, which is due me for my expenses in administration on my fathers, John Parkers, estate, and for locating said land or if my executor and brother Nathaniel can agree on any other lands not appropriated by the Will in place of the last named quarter of a league, they have the right to do so. Item Sixth; For good cause for me well understood and known, I give and bequeath to John Allison, of Lawson Co. County, State of Illinois, the half league of land which is due me from Elizabeth Washburn; also the half of John Densons headright third of a league of land which is due me; also the half Shadrock Densons headright, which is now deeded to me. It is to be understood that brother Nathaniel and John Allison is to pay all expenses which may accrue on their lands by tax or otherwise, before they take posession of them. Item 7th: I hereby appoint my two sons, John Parker and Benjamin Parker, both or either of them , to act in conjunction or seperately, to execute and carry out this last Will and Testament, and as I have full confidence in them or either of them, I do not wish them held to Bond and Security for their faithful performance. Item 8th: It is my wish and desire that my executors collect all debts due my estate and pay all debts which may be owing at my death out of my property they think best, and if necessary to sell any land not otherwise appropriated by this Will for that purpose, they have a right to do so and the sale and title made by them shall be good and valid. Item 9th: It is my wish and desire that all lands belonging to my estate, including my Fort Houston property, after my debts are paid, which is not appropriated by this will except my land in and connected with the town called Parkersville, on the Trinity River, shall be equally divided corcumstances will admit between Stephen Crist, Joseph Kennedy, Reuben Brown, Samuel G, Wells, my son in laws, John Parker, Dickerson Parker, Daniel Parkep and Benjamin Parker, in whatever way they may think best, leaving out my sons, Isaac and Caleb, as I think they are equally provided for. Item 10th: I give and bequeath to each of my grandsons named after me ( Daniel) two town lots in the town of Parkerville on the Trinity River, and to my grandson, Armistead Bennett, should he live, two lots in said town. To my grandson, Willie Parker, four lots in said town; to my brother Benjamin's daughter Polly's son, Daniel, two lots in said town, and if said town lots are not designated before my death, I wish my executors to designate them, and that they about average lots with the whole town lots not appropriated or disposed of at that time. Item 11th: I wish and desire that all the land and town lots in and connected with the town of Parkersville belonging to my estate at my death not appropriated by this will, be equally divided amongst all my children, and if not done in my day provided it can be arranged with my of said lands I wish my executors to have all the out lands laid off in out lots in site such as they may think best, numbering said out lots and so make an equal divide of all town lots and out lots. It is now to be remembered that before any further divide takes place in the undivided town property of said Parkersville belonging to myself and my sons, John and Dickerson Parker, that there is due to them (John & Dickerson) three common average town lots and one eighty acre out lot, which they are authorized to select and designate as belonginf to their part, taking the eighty acres wherever they choose in the undivided land so as to have it in a formal shape and train in the town property. Item 12th: It is my wish and desire that my executors file all my bonds and obligations that they may be ( page 4th) out for land or town lots by taking titles when the contract is or may be complied with by the holder of said bond &c. Iten 13th: It is my wish and desire that my son, Caleb Parker, have a horse brute of common value; that my beloved wife, Patsey, have all during her natural life, the balance of my horses, all my stock of cattle and hogs, with the household and kitchen furniture, yet I wish my executors to so manage for their mother, and overlook matters and things, so as to prevent any necessary waste and so that their old mother is well provided for and taken care of in her old age. Item 14th: It is my wish and desire that if my wife should live to be so old and infirm that she becomes burdensome and expensive, that whoever may take care of her shall have so much of my horses, cattle and hogs, with the rent and proceeds of the farm, as will pay them for such service rendered to my beloved wife in her old age. That at the death of my wife what may remain of my horses and cattle be equally divided between my three sons, Benjamin, Isaac and Caleb, and that my hogs be divided so many of my sons who shall remain on the place until the death of their mother; and should any difference or difficulties in opinion take place between my executors or heirs in executing the provisions of this Item of my Will, let them call to or on disinterested men to settle the dispute, or on any Item let them do the same. Item l5: It is my wish and desire that all my sons who may remain single should still remain and live on the place; that my wagon and farming tools be equally divided at the death of their mother under the best arrangements they can make between those of my sons who may remain on the place until that tine, whether they be married or single. That the beds be divided between my three sons, Benjamin, Isaak and Caleb; that the bed clothes be divided between the same three sons including my son, John, in the division. That my household and kitchen furniture be equally divided between my two youngest sons, Isaac and Caleb, Should any of these sons receive any part of the before named articles before the death of their mother, it should be considered as belonging to their part. Item 16: It is my wish and desire that this, my last Will and Testament, be recorded in proper office or County Record. That it be the lawful conveyance, right and title of the land and property therein named to the legatees to wham it is given and bequeathed; and there be no further probating nor expense attending the things; that either or both of my esecutors fail or neglect by reason or death or otherwise to execute my last Will and Testament, each and all of my sons are hereby appointed as my executors and either of them is hereby authorized to execute this, my last Will and Testament, and which ever of my sons may or shall attend to this business shall have a right to defray expenses of my estate and have a reasonable compensation for their trouble or services for which they have a right to charge of the legatees their proportionable part. Written with my own hand, and in testamony to this being my last Will and Testament, I have hereunto set my hand and seal, this the 12th day of April, 1844, in the presence of witnesses. Daniel Parker Sr. (Seal) Miles Bennett, Josep- A. Parker, Rebecca Parker. Should there be any money in hand at my death, or due me after all my debts are paid, should said money been raised from the proceeds of the farm or stock, it is my wish and desire that said money be equally divided between my sons who have labored in conjunction together to the raising of said surplus which have paid for said money, and my wife (if she be living) have an equal share; but should said money be on hand or due by the sale of land or town property which I may ---, then and in that case I wish the money equally divided between all my children, my wife still drawing and equal part (if she be alive) after this is done should my be the longest liver, I consider that those who may provide and take care of her are justly entitled to all they can make off the farm and stock; and there will be no divide of money at the death (page 8) of my wife except that she may have drawn to her share or have of her own, which she will dispose of at her pleasure. Should it so turn by the sale of land or town property I should increase my stock of horses over three in number after my son Caleb gets one, and my wagons over one and the carryall, as it is called, or any other property by such sales, I wish the overplus or balance equally divided between all my children. This Item composes a part of my last Will and Testament, to be attended to by my executor, as witness my hand and seal, this the 12th day of April, 1844. Daniel Parker Sen. (Seal) In the presence of - Miles Bennett, Joseph A. Parker, Rebecca Parker. REPUBLIC OF TEXAS, )( COUNTY OF HOUSTON. )( Probate Court, Jany. Term, l845. Personally appeared in open Court Miles Bennett and Joseph A. Parker, two of the subscribing witnesses to the annexed Will and Testament of Daniel Parker Sen., deceased, and being duly sworn, upon their oaths say that they were present and saw said Deceased sign and seal said last Will and Testament, and that the said Parker, Deed, at the time of the signing of said Will was of sound memory and disposing mind, likewise This document was incomplete [in handwriting]