MRS. M. M. HILL, WILL, 9 Oct 1919, Smith County, Texas ***************************************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm 16 Nov 2000 ***************************************************************** Submitted by Archie L Colburn - acolburn@tyler.net IN THE MATTER OF THE } IN THE COUNTY COURT ESTATE OF MRS. M. M. HILL, } OF DECEASED. NO. 2632 } SMITH COUNTY, TEXAS WILL THE STATE OF TEXAS } COUNTY OF SMITH } KNOW ALL MEN BY THESE PRESENTS: That I, Mrs. M. M. Hill, a widow, of the County of Smith State of Texas, being of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking all wills at any time by me heretofore made. FIRST. I direct that all my just debts shall be paid. SECCND. I direct that my body be given a Christian like burial, and that after my death there be placed over my grave and over the grave of my sister Belle Fowler suitable monuments not to cost less than One Hundred Fifty Dollars for the two; and I direct and have the legacies and bequests hereinafter mantioned conditioned upon the erection of said monunients. If within six months after my death said monuments have not been so erected, then I hereby bequest and authorize my executior hereinafter mentioned and appointed to sell or otherwise dispose of sufficient of my property to raise the sum of One Hundred Fifty Dollars with which to purchase said monuments for the graves of myself and sister Belie Fowler; and full and complete power is hereby given and granted to said executor to dispose of such amount of my property either personal or real as shall be sufficient to raise said sum of One Hundred Fifty Dollars, and to make to purchasers or pur­chaser of said property proper conveyance of same. THIRD. I hereby give and bequeath to the lineal descenants of my father Thomas Flewellen, and their lineal descendahts and to those with whom they have or may hereafter intermarry, for the purpose of a family burial graound, so be be used by them forever one acre of ground out of the 160 acres comprising my homestead and formerly the homestead of my father Thomas Flewellen, said acre of ground being known as the Flewellen Family Burial Ground in the J. S. W. Merchant Survey No. One in Smith Gounty, Texas and described as follows: BEGINNING at a point 30 feet West of the center of the headstone or gravestone over the grave of my father Thomas Flewellen; THENCE South 50 feet, corner; THENCE East 210 feet, corner; THHENE North 210 feet, corner; THENCE West 210 feet, corner; THENCE South 160 feet to the place of beginning; and I hereby give and bequeath or those entitled to said burial ground an easement or right-or-way to and form the public road to said burial ground over my other land, which said righty or way shall be and at all times available to those entitled to burial therein whether for burial therein or for care or said property. FOURTH: After all my debts have been paid, and the two monuments erected and paid for as above provided, the remainder or my property of which I shall die possessed, whether real, mixed or personal I devise and bequeath as follows: If my daughter Minnie Copeland shall survive me, to my five grandchild not surving me taking only such part as their parent would take were such parent living, five-sixth or such property, each receiving one-sixth according to value, the other one-sixth to my daughter Ninnie Copeland during her natural life, said one-sixth to be taken according to velue and to embrace that portion of my land upon which is situated the residence house and the improvements inmediately surrounding same, said one-sixth upon the death of said Minnie Copeland, the remainder therein to pass to and be vested in my five grandchildren as follows: Effie Thomas, Ed Copeland, Thomas Copeland, Mary Brawner, and Elizabeth Copeland or their chi1dren if any shall not survive said Minnie Copeland, the children of each of my grandchildren taking only such share as would their parent if living, but if any of such grandchildren shall die with­out issue surviving, then the remainder or said grandchildren and issue of those deceased shall take the remainder of said One-sixth after the life estate of said Minnie Copeland. 1f said daughter Minnie Copeland shall not survivie me, then the whole or my property, remaining after the payment of my debts and the payment of costs of said two monuments, shall pass to and be vested in my said five grandchildren, Effie Thomas, Ed Copeland, Thomas Copeland, Mary Brawner and Elizabeth Copeland, share and share alike and to be divided according to value; but if any of my said grandchildren shall not survive me, then the said property shall pass to those who do survivie me, unless those grandchildren who do not survive me shall leave issue in which event the issue of each grandchild shall be entitled to the portion to which the parent would be entitled. I hereby constitute and appoint Ed F. Copeland executor of this my last will and testament, and direct that no bond or other security be required of him as such executor; and it is my will that no other action be had in the County Court in the admin­istration of my estate than to prove and record this will and to return an inventory and appraisement of my estate and lsit of claims. In testimony whereof I have hereto set my hand this the end day of November, A. 1). l9l4, in the presence of S. A. Shelton and N. H. Landers who attest the same at my request. M. M. Hill Signed, declared and published by Mrs. M. M. Hill as her last will and testament, in the presence of us the attesting witnesses, who have subscribed our names in the presence of said Mrs. M. M. Hill, at her special instance and request, and in the presence of each other, this the 2nd day of November A. D. l9l4. S. A. Shelton M. H. Landers Filed Recorded in Vol. 26 page 210 Probate Minutes, Smith County, Texas. ------------------------------------------------------------------- IN THE MATTER OF THE } IN THE COUNTY COURT ESTATE OF MRS. M. M. HILL, } OF DECEASED. NO. 2632 } SMITH COUNTY, TEXAS OATH I do solemnly swear, that the writing which has been offered for probate is the last Will and Testament of Mrs. M. M. Hill, Decd., so far as I know or believe, and that I Will well and truly perform all the duties of Independent Executrix of the Estate of said Mrs. M. M. Hill, Deceased. E. F. Copeland Sworn to and subscribed before me the 9 day of October, 1919. Seal W. R. Hudnall, County Clerk. Filed Recorded in Vol. 26 page 211 Probate Minutes, Smith Co.,Texas. ----------------------------------------------------------------------- T I T L E P A G E (cont'd.) SECOND TRACT: Part or the J. S. W. Merchant Survey No, 1, Abstract No. 628 and the Wm, Craig Survey No. 201, and BEGINNING at an iron pin for corner at the S. E. corner of the tract of land that is described in Vol. 150, page 393, or the Deed Records of Smith County, Texas, the place or beginning being also the S. E. corner or the J. S. W. Merchant Survey; THENCE S. 89 deg. 57' W. 2382.93 feet to a stake for corner, a 32 in. B J brs. N. 36 deg. 15' E. 17 feet, an 18 in. P 0 brs, S. 85 deg. 25' W. 26.4 feet; THENCE N. 1 deg. 23' E. 1897.81 feet to a stake for corner, a 32 in. B J brs. N. 37 deg. 20' W. 7 feet; THENCE N. 61 deg. E. 1333.3 feet to stake for corner; THENCE N. 50 deg. 15' E. 1588.33 feet to stake for corner; THENCE S. 13 deg. 391 E. 802.9 feet to stake for corner under fence and 60 feet from center line or Highway No. 69; THENCE S. l7 deg. 3' E. 655.2 feet to stake for corner which is located 60 feet at right angles from center line of Highway No. 69; THENCE S. 88 deg. 23' W. 4l6.8 feet to stake for corner, at a fence corner; THENCE S. 0 deg. 3' W. 2156.91 feet to the place or beginning, containing in all l49.9368 acres of land, of which l42.7l48 acres is part of the J. S. W. Merchant Survey and 7.222 acres is part of the Craig Survey. LESS AND EXCEPT from the J. S. W. Merchant Survey, 1 1/2 acres conveyed by M. M. Hill to H. H. Harris et al, Trustees of Flewellen Colored Grave Yard, by deed dated November 23rd, 1916, recorded in Vol. 126, page 83, Deed Records of Smith County, Texas, and 1 acre dedicated by Will of Mrs. M. M. Hill as family burial ground to the lineal descendents of Thomas Flewellen, said one acre being known as the Flewellen Family Burial Ground, leaving a net area of 147.4368 acres. Complete when used in connection with our Order No. 3428.