Will and Probate of W H Woodley, Harrison County, Texas *********************************************************** Submitted by: John Paul Woodley Jr Date: 18 Aug 2011 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *********************************************************** ESTATE OF Wingate Hall Woodley County Court of Harrison County, Texas 1888 Transcribed by John Paul Woodley, Jr. This is a transcription of the manuscript record of the probate of the Last Will and Testament of Wingate Hall Woodley, from Vol. I, pp. 72 - 89 of the Records of the County Court of Harrison County, Texas, maintained at the Courthouse in Marshall, Texas. Transcribed December 2009. State of Texas } County Court Harrison County } October Term 1888. To the Honorable W. T. S. Keller, Judge of said Court; Your Petitioners Mrs. E. H. Woodley, and W. L. Woodley, who reside in said County and State, show unto Your Honor that W. H. Woodley, late a citizen of said County and State, departed this life at his residence in said County, on the 5th day of September 1888, leaving an estate of the probable value of ten thousand dollars, consisting of real and personal property. That said Woodley also left a last will and testament, which has been filed in Your Honorable Court, in which will Your Petitioners are named as Executors. That Your Petitioners are not disqualified by law from accepting letters testamentary of the estate of said Decedent. The premises considered Your Petitioners pray that citation issue and be served as required by law, and that, upon hearing said will be admitted to probate and recorded, and that letters testamentary issue to Petitioners. T. P. Young for Petitioners Filed September 13th 1888 J. P. Alford, County Clerk of Harrison County, Texas The State of Texas To the Sheriff or any Constable of Harrison County---Greeting: Your Are Hereby Commanded To cause to be posted, for ten days, exclusive of the day of posting, in three of the most public placed in your County, one of which shall be at the Court House door, and no two in the same city or town, copies of the following notice: The State of Texas To All Persons Interested In the Estate of W. H. Woodley, dec'd: Mrs. E. H. Woodley and W. L. Woodley has filed, in the County Court of Harrison County, an application for the probate of the last Will & testament of W. H. Woodley, dec'd, which will be heard on the 3rd Monday in October 1888 it being the 15th day of October at the Court House thereof, in Marshall at which time all persons interested in said Estate may appear and contest said application, if they see proper. Herein Fail Not, under penalty of the law, and of this Writ make due return. Issued the 13th day of Septr 1888 Attest: J. P. Alford Clerk of said Court, {SEAL} and the seal thereof, at office in Marshall The 13th day of Septr 1888. J. P. Alford Clerk C. C. H. County. Came to hand the 13th day of September 1888, and executed 13th day of September 1888 by posting copies of the within Notice in three public places in said County, one of which was at the Court House door, one at Jonesville and one at Hallville. Fee $1.50 S. R. Perry Sheriff By Sid. Curtis Deputy Sheriff The State of Texas } } County of Harrison } Know all men by these presents that I, Wingate H. Woodley, a citizen of the County of Harrison and State of Texas, Knowing the uncertainty of life and the certainty of death and being at this time of sound mind and disposing memory and over the age of twenty-one years I do make, publish and declare this as my last Will and Testament, hereby expressly revoking any and all others:- First, I will that if I should die owing any debts, then it is my will that all of them be first paid. Second:--It is my will that fifteen hundred dollars be and the same is by me set apart out of my estate to be expended in the following manner; That is to say that if I should die and there be any of my children from the one named and called by me as Ora Woodley down, minors and unmarried and uneducated, then I do here direct that the said sum of Fifteen hundred dollars shall be expended in educating the said Ora Woodley and the other of my children younger than the said Ora Woodley; But none of said children shall be sent to school for a longer period of time than ten months in each year, not to extend for a longer period of time than four years, that is to say that it is my will that the said sum of Fifteen hundred dollars shall be expended in educating the said Ora Woodley and those of my children younger than the said Ora Woodley, but said children are only to be sent to school for four years and only ten months in each year, and if at the end of the four years there is any of said fifteen hundred dollars unexpended, then it is my will that the sum so remaining unexpended shall be equally divided between the said Ora Woodley and each one of my said children younger than the said Ora Woodley. And I direct that the said sum of fifteen hundred dollars shall be loaned out at interest for the highest rate of legal interest that can be obtained and to be loaned only on good and sufficient security to secure its prompt payment whenever due. The said fifteen hundred dollars set apart shall be controlled and expended for the benefit of my said children by my wife and W. L. Woodley. Third:--I will and devise unto my beloved wife my homestead place, to include six hundred acres or eight hundred acres of land to be selected by my wife as she may desire and in the shape she may wish not to interfere with any lands that I have already given away or may hereafter give away before my death. My said wife to take Eight Hundred acres if she wants or desires that much, if she does not want that much land then she is to have the homestead to include six hundred acres of land. The said land and lands to be used and enjoyed by my beloved wife as long as she lives, unless she should sooner marry, and in case my wife should marry then said property shall go to such of my children as I may name in this will, and in case she should die without marrying then said land is to be enjoyed and used by her for her own use and at her death to go to such of my children as I may name in this will. And I do further will and devise unto my said wife all of the household and Kitchen furniture, all implements of husbandry, all farming utensils, all of the wagons, four mules or four horses, five cows and calves, and all of the hogs on the place, and which I may own at the time of my death, hereby giving unto my said wife said person above named as I may die possessed of, and in case my said wife should marry then said personal property shall go to such of my children as I may name in this will and at the death of my wife (if she should not marry) then said personal property shall go to such of my children as I may name in this Will. Fourth:--I have already given during my life and before the making of this Will to my son W. L. Woodley One Thousand dollars worth of property and also the place on which said W. L. Woodley now resides and which place I value at the sum of Twelve Hundred dollars, and I have also given said W. L. Woodley Money and other property for which I hold said W. L. Woodley's note for One Thousand Dollars, that is, the note is for Eight Hundred dollars or more making at this time principal and interest due about one thousand dollars. I desire that if I should die before said W. L. Woodley pays me said note then I direct that said note be collected off of said W. L. Woodley. And it is my will that said W. L. Woodley shall receive nothing out of my estate until all of the rest of my children herein named shall have received from me before my death or from my estate after my death the sum of twelve hundred dollars and after my said children that I may name in this will have received from me before my death or from my estate after my death the sum of Twelve hundred dollars then said W. L. Woodley is to share alike with my said children named in this Will and receive share and share alike, and in case said W. L. Woodley fails or refuses from any cause whatever to pay said note (I hold against him) either before my death or after my death then the said W. L. Woodley is to receive nothing from my said estate, and in case said W. L. Woodley fails to pay said note before my death then I direct that after my death suit shall be instituted to force payment of said note. Fifth:--I have already given to my son S. J. Woodley one thousand dollars worth of property, and I also hold his note for the sum of about three hundred or four hundred dollars. Now I direct that the said S. J. Woodley shall pay said note and all and any other claim and claims I may have against him at the time of my death, and if said S. J. Woodley refuses and fails to pay said claims or claim then I direct that suit be brought to enforce the collection of all claims I may have against said S. J. Woodley at the date of my death, and in case said S. J. Woodley pays said claims that I may hold against him at the date of my death (if any) then I direct that said S. J. Woodley shall receive from my estate enough property to make him equal with the amount that W. L. Woodley has received. Sixth:--I have already given my daughter Emily Woodley Yates property to the value of one thousand dollars and I also hold her husbands note for the sum of about five or six hundred dollars, and I direct that said Emily and her husband shall pay any and all claims of any and all kinds that I may have against them or either one of them at the time of my death, and if they or either one of them shall fail to pay suit shall be instituted to force collection thereof, and in case said Emily and her husband shall fail to pay all of said claims I may have against them or either one of them at the date of my death then said Emily shall receive nothing from my estate; but in case said claims are all paid then I direct and will that there shall be paid and given to my said daughter Emily property of value sufficient to make her receive the same amount that my son W. L. Woodley has received. Seventh:--I have already given to my son J. A. Woodley property of value sufficient to make the sum of one thousand dollars and I also hold a note against him for the sum of about six hundred dollars and also hold an open account against him; now I direct that said J. A. Woodley shall pay all of said note and account and any and all other notes and accounts that I may have against him, and in case said J. A. Woodley shall fail to pay all of said claims before my death then I direct that said J. A. Woodley shall pay all of said claims and any and all other claims I may have against him at the date of my death; and if said J. A. Woodley should fail to pay all of said claims (if any) then I direct that suit be brought to enforce collection of all such claims that said J. A. Woodley may fail to pay, and in case I die holding any claims against said J. A. Woodley and he should fail to pay them then he shall receive nothing from my estate, and in case said J. A. Woodley shall pay all of the claims (if any) that I may have against him at the date of my death then it is my will and I do so direct that said J. A. Woodley shall receive from estate property and money of value sufficient to make the amount of said J. A. Woodley shall have received equal to the amount that W. L. Woodley shall have received as it is stated above in this will. Eighth:--It is my will that as my daughter Catherine Edna Bradford joined by her husband sued me that she the said Catherine Edna Bradford shall receive nothing of my estate, And I do here will and direct that said Catherine Edna Bradford shall receive none of the estate that I may die possessed of. Ninth:--And as my son Henry Woodley also sued me it is my will and I do here will and direct that my said son Henry Woodley shall receive none of the estate that I may die possessed of. Tenth:--Nettie Patton-As I have already given my said daughter Nettie Patton Property of the value of six hundred and fifty dollars and also hold the note of her husband for about one hundred and fifty or sixty dollars it is my will that said Nettie shall receive land enough to make her receive property of the value of one thousand dollars, that is, as she has received only six hundred and fifty dollars worth of property I direct that said Nettie shall receive three hundred and fifty dollars worth of land so as to make her receive property of the value of one thousand dollars. It is my will that if I should have any claims against said Nettie and her husband or either of them at the time of my death then I direct that all such claims shall be paid by them and if they or either one of them fail to pay all such claims then I will and direct that said Nettie shall receive nothing of my estate except the three hundred and fifty dollars worth of land above named and willed to her. But in case my said daughter and husband shall pay all such claims that I may have against them or either one of them when I die then I direct that my said daughter Nettie shall receive from my Estate property and money of value sufficient to make her receive as much as W. L. Woodley has received. Eleventh:--I will and bequeath unto my son Lee Woodley two hundred acres of land of the value of one thousand dollars, said land to be taken out of any lands I may die possessed of in Harrison County, And I also will and bequeath unto my son Lee Woodley property of the value of Twelve Hundred dollars in order to make him receive as much as my son W. L. Woodley, And I then direct that he shall share alike in the balance of my estate as directed in this will. Twelfth:--I will and bequeath unto my son W. H. Woodley, Jr. two hundred acres of land of the value of one thousand dollars, to be taken out of any of the lands in Harrison County that I may die possessed of and I also will and bequeath unto my said son W. H. Woodley, Jr. property of the value of Twelve Hundred dollars in order to make him receive as much of my estate as his brother W. L. Woodley has. Thirteenth:--I will and bequeath unto my daughter Ora Woodley two hundred acres of land of the value of one thousand dollars to be taken out of any of the lands in Harrison County that I may die possessed of and I also will and bequeath unto my said daughter property of the value of Twelve Hundred dollars in order to make her receive from my estate the same amount of property that W. L. Woodley received. Fourteenth:--I will and bequeath unto my two children John Woodley and Hattie two hundred acres of land each, that is I will and bequeath unto them four hundred acres of land of the value of two thousand dollars; said land to be selected out of any lands I have willed to my wife except the homestead of two hundred acres. Said land consisting of four hundred acres is to be taken out and given to said John Woodley and Hattie Woodley is to be selected in kind, character and quality such as the others. And, I will and bequeath unto my said children John Woodley and Hattie Woodley property of the value of twenty-four hundred dollars, so as to make their share equal to the share that W. L. Woodley has received. Fifteenth:--I will unto Minnie Bell and Carrie Woodley as tenants in common four hundred acres of land to be taken off of the east end of what is known as the Adams tract of land. This bequest is not to take effect and said land is not to go to said Minnie Bell and Carrie Woodley until they are twenty-one years of age or marry, and in case either one of them should die before they marry or have arrived at the age of twenty-one years, then the share of the one so dying shall revert back to and shall go to the children of mine that I have given property to in this will, but no child who is disinherited by this will and who has received nothing under this will shall share in said lands; Said land is only given to said Minnie Bell and Carrie Woodley until their death and at their death said property shall go to my children to whom I have given property in this will share and share alike, but no child shall have and receive any of said lands unless I have left them, his or her or they property in this will. Sixteenth:--In case my wife should die and not marry then it is my will that the property given her in this will shall go to and be equally divided between W. L. Woodley, S. J. Woodley, J. A. Woodley, Emily Yates, Nettie Patton, Lee Woodley, W. H. Woodley, Jr., Ora Woodley, John Woodley and Hattie Woodley, and in case any of said children should owe me at my death and fail to pay same as stated in this will then said property shall go to and be divided between the other named and those failing to pay me or my estate shall receive nothing. Seventeenth:--I will and direct that all of the personal property that I may die possessed of and that has not been given away by the terms of this will shall be sold as soon after my death as practicable and all notes and accounts to be promptly collected and all of my mercantile business settled and wound up at once. Eighteenth:--I will and direct that all of the real estate that I may die possessed of which I have not given away by the terms of this will shall be sold as soon as my Executors shall think best and turned into money. Nineteenth:--I will and direct that my beloved wife and W. L. Woodley are hereby appointed Executrix and Executor of this my last Will and Testament, and I direct that no other action be taken in the County Court in relation to my estate except the probating of this Will and the return of an inventory and appraisement and a list of claims. And in case W. L. Woodley should die or fail to qualify as executor under this will then I direct and do appoint my son W. H. Woodley, Jr., in the place of W. L. Woodley. Twentieth:--In case my children who owe me at my death and who are named in this Will as now owing me shall pay all such claims as they may owe me then it is my will that they, S. J. Woodley, J. A. Woodley, Emily Yates, Nettie Patton, Lee Woodley, W. H. Woodley, Jr., Ora Woodley, John Woodley and Hattie Woodley shall each receive enough from my estate as shall be equal to the amount that W. L. Woodley has received and then the balance of my estate shall be equally divided between W. L. Woodley, S. J. Woodley, J. A. Woodley, Emily Yates, Nettie Patton, Lee Woodley, W. H. Woodley, Jr., Ora Woodley, John Woodley, and Hattie Woodley, share and share alike. Twenty-first:--In no event shall said Catherine Edna Bradford and said Henry Woodley receive any of the estate of which I may die possessed of. Witness my hand this the 31st day of August A. D. 1883. W. H. Woodley Signed, sealed and delivered in the presence of the following witnesses who signed at the request of W. H. Woodley in his presence and in Presence of each other, and witnesses Being over 21 years of age, this 31st day of August A.D. 1883. R. W. Taylor Alexander Pope Codicil to the above named Will of W. H. Woodley The State of Texas } } County of Harrison } Know all men by these presents that I, W. H. Woodley, desiring to add a codicil to my last Will and Testament as written and published above and having left out as one of my legatees in said Will Fanny A. Everett, Wife of Richard Everett, and whereas I am desirous that my said daughter Fanny A. Everett shall have and receive an interest in my estate; Now therefore I do hereby will and bequeath to the said Fanny A. an equal interest with my children, That is to say that whereas I am going to give her property to the value of six hundred fifty dollars, and then I will and bequeath that she receive from my estate property of the value sufficient so as to make her receive as much as my son W. L. Woodley has received of my estate and then she is to receive an equal part and share with the said W. L. Woodley in the balance of my estate and the rest of the heirs that I have willed in my said will that shall receive parts of my estate. That is to say that I want Fanny A. to receive as much as any of my children up to the amount that W. L. Woodley has received, then she is to share and share alike with the rest of my children who I have named in the above will as receiving part of my estate. 2nd. If my said wife after my death should move away from my homestead then I will and direct that my son W. L. Woodley shall at once proceed to sell the said homestead as to him may seem best upon such terms and conditions as he may see fit, making the money due on said homestead accrue. And said W. L. Woodley shall execute to the purchaser thereof a good and sufficient title to said homestead. The proceeds of said homestead to be divided between my children except Henry Woodley, Catherine Edna Bradford and Minnie Bell and Carrie Woodley who are my children by my divorced wife. Said W. L. Woodley shall if he thinks it best sell said homestead to include three hundred acres of land. I will that under no circumstances shall my son Henry Woodley and Catherine Edna Bradford and Minnie Bell Woodley and Carrie receive anything from my said estate except that I willed to said Minnie Bell and Carrie Woodley in my above will all that I wish them to ever receive from my estate. Witness my hand this the 23rd day of October A. D. 1883. W. H. Woodley Witnesses:-- Albertus McJimsey Alex. Pope Codicil to the above Will of W. H. Woodley The State of Texas } } County of Harrison } I, W. H. Woodley, being of sound mind and disposing memory do add this codicil to my Will as above written to be taken and is and I do make it a part and parcel of my said written will. I the said W. H. Woodley do hereby will, direct and bequeath that all of the interest and property that I have in my above named will given and bequeathed to Mrs. Emily Woodley Yates shall not take effect and I do hereby revoke and cancel and make null and void all that I have bequeathed in my said Will to said Mrs. Emily Woodley Yates and I do hereby bequeath will and direct that said Mrs. Emily Woodley Yates shall not receive anything out of my estate that I may die possessed of, nor shall she nor her husband nor any of her children receive anything of the estate that I may die possessed of, and I do hereby forever disinherit said Emily her husband and all of her children for just and good causes, and I do also will, bequeath and direct that any and all of the interest that I may have in my said above written will willed and bequeathed to Fanny Everett and which I have in my codicil willed and bequeathed to said Fanny Everett I do hereby revoke, cancel and make null and void, and I do hereby will and direct that said Fanny Everett shall not in any event receive anything out of the whole estate that I may die possessed of, and I do for good and just causes forever disinherit said Fanny Everett, her children and her husband and under no circumstances shall said Fanny nor her husband, nor any of her children ever receive anything of nor out of any of the whole estate that I may die possessed of. Witness my hand this the 13th day of Jany, A. D. 1885. W. H. Woodley Witnesses:-- Geo. Satter, Alex. Pope The State of Texas } } County of Harrison } Know all men by these presents that I, W. H. Woodley, of said State and County, do make and publish this codicil to my last Will and Testament, I being at this time of sound mind and disposing memory. 1st,--In the Seventh claim of my last will and testament I make certain bequests to my son J. A. Woodley. Now I will and do so direct that at the date of my death all accounts and debts that I may have at my death against J. A. Woodley shall be charged up to said J. A. Woodley as so much money advanced to said J. A. Woodley out of my estate, and whether said debts or accounts be barred or not the same shall be deducted from any interest and bequest that said J. A. Woodley may have in my estate under this my last Will and Testament. I want all of the money and property that I let said J. A. Woodley have during my life time be held and considered as so much advanced to said J. A. Woodley out of my estate willed to said J. A. Woodley and I direct that the same shall be deducted out of what I may will to said J. A. Woodley in my last Will and Testament. 2nd,--In the twelfth claim of my last will and Testament I make certain bequests to W. H. Woodley, Jr. Now as said W. H. Woodley, Jr., has an interest in the estate of his deceased mother who was my wife and the same has never been paid over to said W. H. Woodley, Jr., and whereas the said W. H. Woodley, Jr., has been guilty of very bad acts of gross disobedience to me and has violated my rights of property I will not disinherit said W. H. Woodley, Jr., entirely and altogether from any interest in any of my estate but I do hereby will and do so direct that John and Hattie Woodley two of my children by my last wife shall each receive, that is, John Woodley shall receive out of my estate a sum of money equal in value to whatever interest said W. H. Woodley, Jr., shall receive from the community estate of his mother and myself, and then for said John Woodley to share in the balance of my estate as provided in my last will and testament, and I do will and direct that Hattie Woodley shall receive out of my estate a sum of money equal in value to whatever interest said W. H. Woodley, Jr., shall receive from the community estate of his (W. H. Woodley's, Jr.) mother and myself and then for said Hattie Woodley to share and receive and inherit in my estate as provided before in my last Will and Testament. What I direct and will is this,--that I will and bequeath to John Woodley as much interest in my estate as W. H. Woodley Jr. shall receive from his mother's estate. I also will to Hattie Woodley as much interest in my estate as W. H. Woodley Jr. shall receive from his (W. H. Woodley Jr.'s) mother's estate, and then I will and bequeath to each of my children not disinherited and cut out by me from inheriting any of my estate the sum of one thousand dollars each more than W. H. Woodley Jr. shall receive out of my estate. That is I want each one of my children not cut out and disinherited by me to receive one thousand dollars each more of my estate than W. H. Woodley Jr. shall receive, and after each one of my children not disinherited shall receive each one thousand dollars more than W. H. Woodley, Jr. received out of my estate then W. H. Woodley Jr. shall share in my estate like those of my children not disinherited by me, save he said W. H. Woodley Jr. shall receive from my estate one thousand dollars less than each one of my children not disinherited by me shall receive from my estate. And all those whose names are mentioned by me as being disinherited by me shall never receive any of the property that I may die possessed of. Said names of said persons so disinherited by me are fully set out in my last Will and Testament and the codicils attached thereto, to which I here refer and make said names more fully understood. 3rd.-I do hereby revoke the second clause of my Original last will and do hereby will and direct that the sum of One Thousand Dollars in money be set aside out of my estate at my death for the purposes of paying for the education of John and Hattie Woodley. I do will and direct that said one thousand dollars shall be placed at interest on good solvent security being given therefor and that said John Woodley shall be sent to school ten month in each year. And said Hattie Woodley shall be also sent to school ten months in each year. And said John and Hattie Woodley shall be kept at school until all of said one thousand dollars and the interest on it shall be spent in the education of said John and Hattie Woodley. 4th,--I will and direct that John Woodley and Hattie Woodley shall each receive out of my estate an amount equal to the interest that my children by my first wife inherited out of the community estate of my first wife and myself. That is I want John Woodley and Hattie Woodley to receive out of my estate as much as any one of my children inherited out of the community estate of my first wife and myself, and then to share and inherit in my estate the same interest that any of my children not disinherited by me inherits from me under this will and codicils. Witness my hand and signature this the 26th day of October A.D. 1887. W. H. Woodley Witnesses:-- Alex. Pope E. J. Frye Filed Septr 13th 1888 J. P. Alford Clerk R. W. Taylor being duly sworn stated as follows My name is R. W. Taylor. I knew W. H. Woodley. I knew him all my life. He is dead. He died about the 5th Septr 1888. He lived in Harrison Co. He has lived in this Co. ever since I knew him. He died at his residence in this Co. He was about 70 yrs of age. He was a resident citizen of Harrison Co. I was called upon by Mr. Woodley to witness an instrument of writing. It was in the year 1883. It was in the summer. The original will was shown the witnesses & he says the signature to said will is his signature. I also see the signature of A. Pope and W. H. Woodley to the original will. W. H. Woodley wrote it himself. Alexander Pope signed his name as a witness to said will. I saw Alex Pope & W. H. Woodley write their signatures to said original will. I signed it at the request of W. H. Woodley. I was passing Mr. A. Pope's office and Mr. Woodley called me in and stated that he was having his will written and asked me to wait & witness his signing his will. I and Mr. Pope are both over 15 years of age. Mr. Woodley mind was good & he was a sane man. His mind was in good condition as I ever saw it. Cross examined by James Turner I live in this Co. I live now about 28 miles from Mr. Woodley place. I was living at the time I signed the will at this place. I had been living out West 8 months. It had been about 2 month since I saw Mr. Woodley at the time I signed said will. He has a great many children. I have heard Mr. Woodley speak often of his children that were married & he stated that he had tried to settle with them for their mothers' interest in her estate & that several of them were dissatisfied & had brought suit against him & that he intended to remember all that had bothered him when he made his will. I was well acquainted with Mr. Woodley he was man that was bitter in his predudices & strong in his likes and dislikes. I know his present wife, he was married to her when I lived with Mr. Woodley. Re-examination I am related to Mr. Woodley. He is my Uncle. He has 15 children. He was a just man. I worked for him about 2 yrs. I commenced in Oct 1880 & quit in Decr 1882. I say that he was honest & upright in all his dealings. I never heard Mr. Woodley express any dislike toward any of his children. R. W. Taylor Sworn to and subscribed Before me this Nov 2nd 1888 in open Court J. P. Alford Clerk Mr. A. McJimsey being duly sworn stated as follows I knew W. H. Woodley. I knew him all my life. He is dead. He died on or about the 5th Septr 1888. He died at his residence in Harrison Co, where he had lived ever since I knew him. He called upon me in the Fall of 1883 to witness his will. The original will was presented to the witness and he stated that it was his signature & that he saw A. Pope sign his name to said will. I saw Mr. Woodley write his name to this instrument. He met near Mr. Pope office & he told me that he wanted me to witness his signature to his will. His mind was good & as good as I ever saw it. He was a man of sound mind. The will was read to me by Mr. Pope. This is the document that was read to me. Mr. Woodley requested Mr. Pope & myself to witness his will. I saw Mr. Pope & Mr. Woodley sign the instrument presented to me. He was about 65 yrs of age at the time we signed said instrument. I am over 14 yrs of age & I suppose Mr. Pope was over 14 yrs of age at the time. Cross examined by Mr. Turner I have stated that I signed the codicil to his will. I never heard him express himself toward any of his children. I do think he was a man with more than ordinary predudices. Re Examined I think he was a good business man. He was a fair man in his business. Albertus McJimsey Sworn to and subscribed before me this Nov 2/88 in open Court J. P. Alford Clerk Geo. Satter being duly sworn stated as follows I knew W. H. Woodley. I have known him for 25 years. He died about 5th Septr 1888. I was called upon to witness an instrument in writing. The original will was handed witness & he stated that that was he signature to said instrument. I saw Mr. Pope and Mr. Woodley sign this instrument. Mr. Pope came in my shop & stated that he wanted me to witness this instrument & we then went into Mr. Pope office & we all signed this instrument. Mr. Pope, Mr. Woodley & myself were all that were in the office. He was in his right mind & his mind was as good as I ever saw it. I am over 14 years of age. Cross Examined Mr. Woodley had very little to say at the time. The will was not read to me. Mr. Pope stated the contents of said will to me. Geo. Satter Sworn to and subscribed before me in open Court this Nov 2/1888 J. P. Alford Clerk. E. J. Fry being duly sworn stated as follows I knew W. H. Woodley. I was called upon by W. H. Woodley to witness this instrument. This is my signature to this instrument. I wrote it to said instrument. I saw Mr. Pope & Mr. W. H. Woodley write their names to this instrument. I signed it at the request of Mr. Woodley. Mr. Woodley signed it & then & Mr. Pope signed it at his request. His mind was good and judging from what I saw it was good as I ever saw it. I am over the age of 14 yrs. Cross examined The will was not read over to me. I had no conversation with him at all at that time. E. J. Fry Sworn to and subscribed before me in open Court this Novr 2/1888 J. P. Alford Clerk Estate of W. H. Woodley, Deceased On this the 2nd day of November 1888, the application to probate the last will and testament of W. H. Woodley, Deceased, and the contest thereto filed by Henry Woodley, Catharine E. Bradford and her husband William Bradford, Frances A. Everett and her husband R. B. Everett, Emily Yates and her husband W. F. Yates, and all parties announced ready for trial, and the Court proceeded to hear the evidence, and it appearing to the Court that the allegations of the application filed on the 13th day of September 1888, by W. L. Woodley and Mrs. E. H. Woodley, are true, that citation has been issued and served as required by law, that the Court has jurisdiction of the estate, that said will dated the 31st day of August 1883, the codicil dated the 23rd day of October 1883, the codicil dated the 13th day January 1885, and the codicil dated the 26th day of October 1887, constitute the true last will and testament of said W. H. Woodley, and that will and codicils were executed with the formalities and solemnities and under the circumstances required by law to make them a valid will, and that will has not been revoked, It is therefore considered, ordered, adjudged and decreed by the Court that will and codicils be and the same are hereby admitted to probate as the last will of said W. H. Woodley, Deceased, and further that said will and codicils be recorded in the minutes, and said contestants except in open Court and give notice of appeal to the District Court of Harrison County, Texas. Estate of W. H. Woodley} On this day the application of J. A. Woodley to be relieved as one of the sureties on the bond of W. L. Woodley, as temporary administrator of said estate, which bond was approved on the 6th day of October 1888, and filed on the 15th day of October 1888; the administrator appeared and consented to the relief asked and agreed to give a new bond. It is therefore ordered that said administrator file a new bond in lieu of said bond, within five days. Estate of W. H. Woodley} W. L. Woodley having this day given a new bond as required by the order of the Court this day entered, the same is approved, and ordered to be recorded; And the contestants, having appealed from the Judgment of the Court probating the will of W. H. Woodley, Deceased, and the contest having by such appeal having been removed to the District Court of Harrison County, It is therefore considered, ordered and adjudged by the Court, that all of the powers heretofore granted by this Court to said W. L. Woodley as temporary administrator of said estate be and they are hereby continued in force until the final termination of said contest. And it further appearing that said will provides that said Mrs. E. H. Woodley and W. L. Woodley shall act as executors, and shall administer said estate without bond, independent of the Court, It is further ordered that upon filing the inventory, appraisement and list of claims that letters issue to them as such executors. It is further ordered that said contestants pay all costs incurred by their contest.