WILL: John F. Overton, 1879 - Smith County, TX Submitted by Fletcher Overton 7 February 2003 Copyright. All rights reserved. http://usgwarchives.net/copyright.htm ***************************************************************** The State of Texas, County of Smith. Know all man by these presence that I, John F. Overton, of the above county and state, considering the uncertainty of this mortal life and being of sound mind and memory, do this day and in these presents, make this my last will and testament. In the first place, I give and bequeath unto my beloved wife, Mary D. Overton, during the time she remains my widow, all and singular my Real and Personal Estate of whatever kind I may possess or have in anticipation at the time of my death. To have, to hold, to sell or dispose of as she may see proper, with full power to execute and good titles make as I myself have at the time of my death. I do not want the Probate Court or anyone else to require her to give Bond and Security for her deportment or management of my Estate. I desire of this will to be recorded and further desire the court to appoint commissioners to make out an inventory and assessment of all my assets and indebtedness and have the same recorded, which is all I want the court to do in this matter. After which I want my beloved wife to pay all my just debts and control and manage everything appertaining to my Estate the best she can for the benefit of herself and our children. I desire my oldest son William J. Overton to aid and assist his dear mother in the management and settling up of my Estate, and for which services I want his mother to pay him what is right or whatever she sees proper. I further make this request (but do not want it to have any binding affect in law), that whenever it may suit my beloved wife or any of our children to sell any lands that she and they will, as far as practical or consistent with reason, reinvest the proceeds of the same in other lands. Should any of my children after they become of age, wish to wish to have a home or land for making a farm upon, it is my wish and desire that my beloved wife will make to such of them a title to such a quantity of land as she may see fit, considering the welfare of the minor children to be raised and educated, and of the value of said lands so deeded to any of the children by her to be charged to each one so receiving such lands or other property from her, at its fair cash value at the time Deeded or is given to them and to be accounted for by each one so receiving such property or any interest, at the time of a final distribution of my Estate so much of my Estate that is paid to them. Given under my hand and securing a Scroll for Seal, this 24th day of (? month) A.D. 1877. John F. Overton Testified: William Overton Emma Overton The above document was shown to be filed in court on September 18, 1879, and recorded on the same day on pages 237 and 238 of the county records. --------------------------------------------------------------------- INSCRIPTION ON TOMBSTONE Born in Maury County, Tennessee came to Texas in 1845 with his wife, Jane Jameson, and mother, Susan Alexander Overton. He received land grants totaling 1,600 acres. His wife died in 1849, and he married Mary D. Walker in 1852. They had 11 children. During the Civil War he sold supplies to the Confederacy and was addressed as "Colonel." In 1871, he donated land to the International Railroad Company, and the town of Overton (8 miles N.E.) was named in his honor.