JOHN GRAYBILL WILL - 1875 - Smith County, TX

Smith County, TX - File 493

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Submitted 10 Jun 2000 by Mary Love Berryman - marylove@tyler.net

State of Texas, Smith County - In the name of God, Amen.  I, John
Graybill, of the State of Texas and county of Smith, being of sound 
and disposing mind and memory do make and publish this my last will 
and testament.

1st I commit my soul to God who gave it and my body to be buried in 
    the burying place near my home;  As to my worldy effect I wish 
    as follows

2nd I wish an equal division of the amount of the proceeds of my 
    estate and property real and personal, between my children 
    Elizabeth Butts, Tully Graybill, Martha Lawrence, Michael 
    Graybill, Carmillus Graybill, and Mary R. Harris.

3rd I will and request that there be no sale of my household goods: 
    but that they be equally divided among my above named children.

4th After the above division of my personal effects in manner 
    specified, I wish the remainder of my estate sold and divided 
    equally between my heirs above named, deducting from their 
    separate shares the amount of the indebtedness of each of their 
    husband's indebtedness to me either by note or account without 
    regard to date of the same unless they can agree upon a division 
    of the same - they all being of age.  Which agreement shall and 
    division shall meet & fulfill the the provision & instructions 
    of this my last will & testament.

5th I hereby constitute and appoint Edmund G. Butts (my son in law) 
    and Camillus Graybill (my son) Executors of this my last will and 
    testament.

6th My Executors, shall execute this my last will and testament 
    according to their judment and discretion as may best subserve the 
    interest of the legatees herein named per from the controll of the 
    courts of the country, only so far as may be necessary to 
    constitute their action legal.

In witnes whereof I have signed sealed published and declared this 
instrument as my will at my home in Smith County Texas on this 13th 
day of April One thousand Eight hundred and Seventy Five

J. H. Wilbanks                          John Graybill (signed) SEAL
S. J. Florence

The said John Graybill of Smith County Texas signed and sealed this 
instrument and published and declared the same as and for his last 
will. And we at his rrequest and in his presence and in presence of 
each other have herunto written our names as subscribing witneses

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Estate of John Graybill dec'd

Be it Remembered that on this 20th day of December 1875 in letters of 
Probate in vacation before undersigned authority Personally appeared
J. H. Willbanks one of the subscribing witnesses to the Instrument
   outing purporting to be the Last Will and Testament of John Graybill 
and executed on the 13th day of April        after being duly sworn as 
the law direct deposes & says that he signed the said Will as a witness
at the  & in the presence of said John Graybill dec'd & in the presence
of S. J. Florence the other subscribing witness to said Will.  
The deceased acknowledged in presence of said witnesses that he signed
said Will as his last Will & Testament that both said Witnesses &
deceased was then over twenty one years old & that dec'd was of sound
mind & memory when he signed said Will.  Affiant further says that said
John Graybill is dead & that four     have not elapsed since his death.

                                        J. H. Willbanks

Sworn to & subscribed before me this Dec 20, 1875

                                        W L T Burns Clerk
                               District Court of Smith County Texas