USGenWeb Archives Notice Wills: John McCarley, SR, 1847: Red River County, Texas Contributed for use in USGenWeb Archives by Barbara Stevens, stevensba@aol.com *********************************************************************** * USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Wills: John McCarley, SR, 1847: Red River County, Texas Copyright © 2002 by Barbara Stevens. This copy contributed for use in the USGenWeb Archives. Stevensba@aol.com Red River County, Texas; Will Book A. Red River County, Texas, Will Book A, page 27ff State of Texas } County of Red River } To all whom these presents shall concern that I John McCARLEY now of sound mind and in the decline of life and feeling the uncertainty of living much longer do make this my last will and testament. 1st. I commit my soul to God who gave it and my body to the dust from whence it came. 2nd A__ my just debts and burial expenses are paid it is my will and desire that the balance of my little Estate be distributed in the following manner to wit In the first place I have heretofore given to and paid over to my sons John McCARLEY, Robert McCARLEY George McCARLEY and my daughters Sally WALLIS, Anne WARE and Eliza ANDREWS all their portion of my assets and all that they are to have or to expect. 3rd It is my wish and desire and I do give to my grand daughter Mary E. ANDREWS, daughter of William S. and Eliza ANDREWS all the balance of my estate of whatever kind money notes stock household furniture or whatever may belong to me and its further my wish and desire that my executors so soon as the money can be raised out of my estate sufficient to buy a young Negro woman for said granddaughter Mary E. that he proceed to do purchase the same for said granddaughter and it is my wish that so soon as the said Negro is bought that my daughter Eliza ANDREWS, mother of said Mary E. have the use and benefit of the Negro clear of charge until the said Mary E. becomes of age or marries. 4th It is my wish and desire and I do appoint my son George W. McCARLEY my executor to _ my last will and I authorize him the said executor to carry out this my will without the valuation or interference or controls or management of the probate court except the proving and recording the same. This the second day of January 1847. Signed Sealed in the Presence of Benjamin F. Lynn John McCARLEY {Seal} T. C. Coals County Court in Vacation 11 Dec 1848 The Petition of George W. McCARLEY to the hon court that an instrument of writing purporting to be the last will and testament of John McCARLEY late of the county aforesaid, dec'd has come into his possession and that there are the names of five subscribing witnesses to wit: Benjamin F. Lynn and T. C. Coals to the same one of whom lives in Limestone County in Texas and the other in the State of Arkansas. He would therefore ask of the court that the document purporting to be the will as aforesaid be filed in said court and that a commission issue directed to presiding authority to take the deposition of Benjamin F. Lynn in order that such proofs may be had as may be necessary to admit the aforesaid will to probate. We would further as leave of the court to file the answered interrogatories with his petition as in duty bound will every pray. Signed George W. McCARLEY A true copy from the original on file this the eleventh day of December AD 1848 Signed George Lawton, Clerk To any Judge of the District Court Chief Justice or Notary Public of Limestone County: Greetings: Repsoing special trust and confidence in your integrity and ability in taking depositions between any parties whatever we do hereby commission authorize and empower you to take the deposition of Benjamin G. Lynn of your County in writing to be signed by him with his own proper name at such place as you shall direct after _______ him to speak the truth the whole truth and nothing but th etruth in the premises which deposition when taken is to be read in evidence in a certain matter now pending in our said County Court wherein George W. McCARLEY has filed in the office of the Clerk of this Court a certain instrument of writing purporting to be the last will and testament of John McCARLEY late of the County aforesaid deceased and when you have so taken said deposition you will seal up and transmit the same without delay directed to the Clerk of the County Court of Red River County State of Texas and endorse thereon deposition of B. F. Lynn relative to the will of John McCARLEY decd. [Note: I have combined below the questions in the deposition and the answers. They do not appear in the book in quite this order] County Court in vacation Dec 11th AD 1848 The following interrogatories filed by George W. McCARLEY to be propounded to Benjamin G. Lynn; Int 1st Did you write the document herewith ___ purporting to be the last will and testament of John McCARLEY decd I did write the document refered to Int 2nd Did you sign the same as one of two subscribing witnesses I did Int 3rd Was the said John McCARLEY of sound mine and disposing memory at the time he signed and executed the same I believe the said John McCARLEY at the time of signing and executing the same was of sound mind and disposing memory. Int 4th Did he declare the same to be his last will and testament He did Int 5th Did he request you to sign the same as a witness He did Benjamin F. Lynn signed his answers State of Texas } County of Red River} Personally appeared before me Benjm F. Lynn who made oath the answers to the interrogatories as signed by him are true to the best of his knowledge and belief. Witness my hand and seal of office at Clarksville this the 6th day of Feby 1849 Hugh F. Young , Chief Justice of Red River co On which answers to interrogatories in the following endorsement to wit: Filed Feby 6th 1849 George T Lawton Clerk Recorded July the 25th 1849 George F. Lawton