Smith County, TX - Will - Elliott F. Shackelford - 1881 ***************************************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm 7 Sep 2000 Submitted by Melanie Alexander - mealex@earthlink.net ***************************************************************** Will of Elliott F. Shackelford Filed Jan 8, 1881 J. M. Rucker Clerk By W. H. McKay Deputy Recorded in Book No 1, page 583, 584 & 585 at March term ?? ?? 1881. L M Rucker clerk By Geo M Johnson Deputy Recording fee $1.25 [page 1] I, Elliott F. Shackelford a farmer by occupation of Smith County Texas, make this my last will & testament. I give, devise, and bequeath my estate and prop- erty, real and personal, as follows, that is to say:- 1st= I give and devise my homestead consisting of two hundred & three (203) acres of land, a part of the Robert Fletcher head-right, laying three and a quarter miles south of Tyler on the head waters of Mud Creek to my beloved wife Susan Sarah Shackelford, to have and hold, to bargian [sic.] & sell. 2d= I also give and devise a certain tract of land, consisting of eighty six & two thirds (86 2/3) acres, more or less, situated in Cher- okee County State of Texas on the water of the Neches river, it being a part of a tract of land purchased by Greene & Shackelford from one Henry Ckick on the 9th day of September 1863, to my beloved wife Susan Sarak [sic.] Shackelford, to sell, bargain, and convey either by private or public sale as she may deem best in her judgment. Twenty one and two third (21 2/3) acres [page 2] of the last named tract of land, is a third in- terest of a tract of land I deeded Peter J. Shack[-] elford, Mary L. & John M. Castle, her husband, and Fatima A. & John T. Stone, her husband, which I have since purchased from Peter J. Shackelford and paid for the same; but have no deed from him; and in case my death occurs be- fore he makes the deed to me; he is required to make the deed to my wife Susan Sarah Shackelford. 3d= I give and bequeath to my be- loved wife Susan Sarah all my per- ishable property, consisting of household and kitch- en furniture and stationary, wagons, farming implements and other tools, and all my stock of horses, cattle, hogs and other stock, I may have now or at my death. 4th= I have given to all my heirs of the flesh their proportional part of my estate, heretofore, including Elizabeth F. Phillips heirs of the flesh, Mary L. Castle, Peter J. Shackelford, and Fatima A. Stone. 5th= I re- quest that my Executress sell my tract of land lying in Cherokee County, which is mentioned in the second item of this will, and such an amount of my perishable prop- [page 3] erty as may be necessary to defray all necessary burial & court expenses, and liquid ate all debts I owe now or may owe at my death. Collect all debts due to me now, or that may be due me hereafter, and the surplus mon- ey after paying debts & expenses shall go to my wife Susan Sarah Shackelford. 6th= It is my will that if any of my estate is left at my wife's death, that one half of what may then remain be equally divided among my heirs as mention- ed in the 4th= item of this, my will, and that the other half be at her disposal by will or legacy. 7th= I appoint my beloved wife Susan Sarah Shackelford Executress of this my last will & testament; and she shall not be required to give security as exec- utress of this will; In witness whereof, I have hereunto signed and sealed and published and declared this instument [sic.] as my last will at my residence in the County of Smith and State of Texas. This the 9th day of August A.D. 1877 Elliott F. Shackelford {seal} [page 4] At Elliott F. Shackelford's residence in the County of Smith and State of Texas, on the 9th day of August A.D. 1877, the above named testator signed and sealed this instrument, and published and declar- ed the same as and for his last will and and [sic.] testament. And we, at his request, and in his presence, and in the presence of each other, have hereunto written our names as subscribing witnesses. Wm Greene ) H. F. Rice ) Witnesses Wm. L. Mathis ) -------------------------------------- 640 S. S. Shackelford or Heirs & ?????? of E. F. Shackelford deceased ------------ Application for probate of Will and letters testaments ----------------- Filed Jan 8, 1881 J. M. Rucker Clerk By W. H. McKay Deputy ----------------- Notices issued on the 16th day of Feby 1881 ----------------- Recorded in Book No 1 Probate Minutes pages 580 & 581 ----------------- Recording fee 75 cts Reaves & Dodd ----------------- The State of Texas | In County Court of Smith County of Smith | County March Term 1881 To the Hon. C. C. White County Judge of Smith County. The petition of Susan Sarah Shackelford who resides in the County of Smith in the State of Texas Would most respectfully show that heretofore to wit on the 9th day of August A.D. 1877 one Eliott F. Shackelford who then resided in the County of Smith in the State of Texas made and published his last will and testament in writing, that afterwards to wit on the 22nd day of December A.D. 1880 the said Eliott F. Shackelford departed this life at his domicile in Smith County in the State of Texas leaving the said Will in full force as his last will and testament . That the said Eliott F. Shackelford is dead and that he died at the time and place aforesaid towit at his domicile in Smith County Texas on the 22nd day of December 1880 - that his estate and his domicile is in the County of Smith within the jurisdiction of your Hon's Court. That his estate consists in lands, Horses, Cattle Hogs, Household & Kitchen furniture and farming utensils and provinder and provisions and is of the probable value of Fifteen hundred dollars. That by the said Will, your petitioner Susan Sarah Shackelford is named and appointed Executrix of said Will and that she resides in Smith County Texas, That petitioner is not disqualified by law from accepting letters testamentary, That by the terms of said Will, that petitioner shall not be required to give security as Executrix of said Will, that she is the surviving wife of said deceased and is the principal devisee in said Will, that she files said Will herewith, and prays that the necessary citation be served and that at the March Term 1881 of Your Hons Court said Will be admitted to probate and registration and that letters testamentary with said Will annexed be granted to her and for ??????? relief and us in duty bound to Reaves & Dodd attys for Susan Sarah Shackelford applicant -------------------------------------------- An Inventory of the Estate of Eliott F. Shackelford deced made by F. C. Kidd[,] James Stone and John D. Borrough appraisers appointed by the County Court of Smith County as follows: 150 acres of land Head Right of [ blank ] being the Homestead valued at $ [blank] 1 large chesnut sorrell Horse 20.00 1 Clay Colored mare 25.00 9 Head of Cattle 60.00 6 " " Hogs 18.00 4 Bee Hives 6.00 1 Lot Loose Plunder 20.00 1 wagon 40.00 50 Bushels Corn 175.00 40 Doz Bundles Oats 10.00 1 Shot Gun 10.00 1 Clock 2.50 Household and Kitchen furniture 79.00 [1?]50 Acres Land Moses Jackson Headright 1300.00 Wee [sic.] do Swear that the foregoing is a fair and conpet [sic.] inventory of all property blonging [sic.] blonging [sic.] to the Estate of E. F. Shackelford Dec that has been presented to us by Mrs S S Shackelford Exst [sic.] of the will of the will [sic.] of Said Decesed [sic.] F. C. Kidd J. J. Stone J. O. Dorongh [sic.] Sworn to and Subscribed bfore [sic.] me this 17 day of May 1881 Witness my and Seal of Office this day and date above Written T W Jarvis J. P. Ex oficio Notary Public Smith Co Tx I S S Shackelford Executrix of E. F. Shackelford Decesed [sic.] Swear that the above and foregoing inventory and list is a full and complete inventory and list of the property blonging [sic.] to said Estate that has come to my Knowledge S. S. Shackelford Sworn to and Subscribed before me this 17 day May 1881 Witness my hand and Seal of office this day and Date above Written T W Jarvis J. P. Ex Oficio Notary Public Smith County Texas ----------------------------------------------------------- Note: Elliott Fishback Shackelford was born on 2 Dec 1811 in SC to Richard Shackelford Jr. and Frances (Arnold) Shackelford. He married (1) Nancy Jane Cotten (born 2 September 1810 in SC) on 4 February 1838 in TN. He married (2) Susan Sarah Edge on 15 May 1873 in Smith County, Texas. Elliott died on 22 Dec 1880 in Smith Co, TX. Children of Elliott F. Shackelford and Nancy J. Cotten: 1. Silas 2. Elizabeth Fishback 3. Jane 4. Allen R. 5. William 6. George 7. Mary L. 8. Peter J. and 9. Fatima Ann Of the children, only the last three were still living at the time of Elliott's death. His oldest daughter, Elizabeth Fishback Shackelford, who married John Phillips, had died about 1869 leaving seven children (mentioned as "heirs of the flesh" in the will). These grandchildren were: 1. Elliott Phillips 2. Andrew Jackson Phillips 3. Mary Jane Phillips 4. Jefferson D. Phillips 5. Nancy A. Phillips 6. Silas Phillips and 7. John A. Phillips. Note by: Melanie Alexander - mealex@earthlink.net