Will of Jabaz Fitzgerald - Red River County Texas

Submitted by:  Tom Cannon tomcan@swbell.net

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                       Will of Jabaz Fitzgerald


In the Name of God Amen

I Jabaz Fitzgerald of Fannin County, Republic of Texas considering the 
uncertainty of  the mortal life and being of around and perfect mind 
and memory blessed be the Almighty God for the same doth make and 
publish this my last will and Testament in manor and for following 
to wit:
First I wish as much of my property sold as will e to pay my Just 
Debts second I give to my beloved wife, Elizabeth all the residue 
of my property consistion of Negroes, land ____ horses, mules, 
cattle & hogs, household and kitching furniture and farming tooles 
during her widowhood, should she mary I wish my property equally 
divided between her and my three children that is now single and 
living with me to ____ wit John, James T.  and Rachel Fitzgerald 
by sale or otherwise or the division to take place as they may come 
of age and wish a division.  I wish my son-in-laws John R. Garnett 
& William  Sadler to have each of them a negro girl about nine or 
ten years old as the case may be and each of them to have a horse 
beast to be worth about sixty five dollars say the negro girls to 
be worth about three hundred dollars each.  I wish my wife to pay 
the same over to the above named John and William at some futer 
time when she may have it in her power to do so without dythefsing 
? of herself.  I wish as much of the property that is above named 
to be divided between my wife and three children to wit John, James 
T. and Rachell B. Fitzgerald XXX to be reserved by my wife before 
any division is made of the same as will pay the amount that I wish 
the above named John R. Garnett & William Sadler to have to be paid 
over to them when my wife thinks proper and can do it without 
straining of herself.  I give to my son in law Thomas Jenkins and 
Daughter Maigret Baker and my son Garret xxx Fitzgerald each of 
them five dollars.  I do hereby wish it destinctley understood that 
if my property should not be worth two thousand dollars after all 
my just debts are paid I do not wish my wife to give to John R. 
Garnett & William Sadler the Negro girls before mentioned by to give 
each of them the horse beast as mentioned.  I wish my son William R. 
Fitzgerald to have one hundred & fifty dollars worth of property at 
some time when the same may be convenient for my wife to pay providing 
it can be done without curtailing my three unraised children & my wife
too much which fact I wish my wife to judge of herself.  I do hereby 
appoint my wife my execortrix of this my last will and Testament 
here by acknowledgeing all former wills by me made void in testamonrey
whereof I have hereunto set my hand & seal this 19th day of March 1841.

							Jabaz Fitzgerald (seal)

Attest					My Last Will
J.P. Spence
William Garnet

The negro girl and horse beast before mentioned that I wished given to
my soninlaw John Garnett is hereby revoked and instead of the negro & 
horse I give to the said John Garnett five dollars I give.   I wish my 
wife to give to my grandson James T. Garnett three hundred dollars 
_____.  ____when he may come of age or when she may think proper.  

This 10th day January 1843.
					Jabaz Fitzgerald
        				This Nov 14th? 1843
            		
                                  	R. White
               				Ck Prob Court