WILL OF ANDREW LOCKHART October Term 1846 Probate Court ANDREW LOCKHART's LAST WILL AND TESTAMENT Transcribed by Carla Ratcliff (pratclif@swbell.net) ======================================================================== State of Texas Gonzales County Know all men by these presence that I Andrew Lockhart of the county and state afforesaid am of sound mind but in boddy feable and not knowing how soon I may die and in view of this fact I doe this day make this my last will and testament disposing of all my estate which I am __________ of in the following manner (viz) Art first ... It is my request that after my death that all my lawful debts be paid and after paying my debts the remainder of my property I divide between my two daughters in the following manner. Article second... For the love and affection that I have for my beloved daughter Drucilla Malinda Patterson I doe will and bequeath unto my daughter Drucilla Malinda and the heirs of her boddy all that tract on which I now live including all the improvements thereon my homestead containing between seven and eight hundred acres in said county of Gonzales shortly to be Dewitt County lying on the Guadaloupe River allso one negro girl named Elvery aged 12 years and I further will to my beloved daughter Drucilla Malinda all my stock of horses cattle oxen and hoggs household and kitchen furniture Article third...for the love and affection that I have for my beloved daughter Sarah Elvira Gilbert I do will and bequeath unto my said daughter Sarah Elvira and the heirs of her boddy Two tracts of land situated on the Clear Fork of Sandy's Creeke one tract containing six hundred and forty acres the other tract containing three hundred and seventy acres of land the two tracts lye ajoining each other Article fourth...for the consideration of care and attention and service rendered to me during my lifetime William P Patterson and Drucilla Malinda his wife I doe will and bequeath unto the William P Patterson and his wife all the interest that I may have in and to the estate of my brother Byrd Lockhart deceased at my death Article fifth...It is my will and request that all my debts be paid out money notes accounts and after my debts are so paid out such money notes and accounts the balance of said money notes and accounts are to be equally divided between my two daughters Sarah Elvira and Drucilla Malinda Should there be no notes accounts or money due me and left at my death then and in that case so much of the property as I have set aside to the said William P Patterson and wife in the fourth article be disposed of to satisfy said debts but if said interests referred to in fourth artilce is not available in six months after my death then so much of the stock of horses and cattle as will pay said indebtedness if a sale of property be necessary my executor is impowered to sell for cash or on a credit of six or twelve months. Article sixth...I doe constitute and appoint William P Patterson my executor and doe confirm and invest him with full power to carry out the provisions of this my last will and testament and I the said Andrew Lockhart doth declare this to be my last will and testament and I avail myself in this will of the statutes providing for the probating and registration and wish that no other action be taken in the Probate Court In testimony whereof I have hereunto set my hand and affixed my seal this first day of June 1846 signed and sealed ALockhart (seal) in the presents of K W BArton Jacob A Miller In Probate Court Special Term October 1846 State of Texas Dewitt County Personally came K W Barton of the county and state aforesaid one of the subscribing witnesses to the Last Will and Testament of Andrew Lockhart deceased in open court subscribed by name to this affidavit that on the first day of June 1846 I the said K W Barton being called on by the said Andrew Lockhart to become a subscribing witness to his last will and testament and I the said K W Barton say that I was well acquainted with Andrew Lockhart in his lifetime and on the day of subscribing to said will he the said A Lockhart was of sound mind and disposing memory and of his own free will signed and acknowledged the said will in my presents as his last wil and testament Given under my hand the 12th day of October 1846 Sworn to and subscribed K W Barton to before me in open court this 12th day of October 1846 J M Baker Probate Judge Ordered of of Dewitt County Received & Tele J M Baker Chief Judge Filed in the County Court Clerks Office for Dewitt County October 12th 1846 The State of Texas In Probate Court Dewitt County January Term 1847 Personally came Jacob A Miller of the county and state aforesaid one of the subscribing witnesses to the Last Will and Testament of Andrew Lockhart deceased in open court subscribed his name to this affidavit that on the first day of June 1846 I the said Jacob A Miller being called on by the said Andrew Lockhart to become a subscribing witness to his last will and testament and I the said Jacob A Miller say that I was well acquainted with the said Andrew Lockhart in his lifetime and on the day of his subscribing to such will he the said Lockhart was of sound mind and disposing memory and of his own free will signed and acknowledged the said will in my presents as his last will and testament Given under my hand the 25th day of January AD 1847 Sworn to and subscribe Jacob A Miller to before me in open court this 25th Jan AD 1847 J M Baker Probate Judge of Dewitt County Ordered of File and received with the will of A Lockhart J M Baker Probate Judge Jan 25th 1847 ====================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. 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