Will: 1905- Thomas White-Van Zandt Co., TX Contributed for use in USGenWeb Archives by Elnora Frances Cook-Wyrick ************************************************************************ USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org *********************************************************************** LAST WILL AND TESTAMENT OF THOMAS WHITE: Signed; 23 December 1903, Filed; 27 February 1905 The State of Texas] County of Van Zandt] Know all men that I Thomas White, of said State and County, being of sound mind but infirm in body and realizing the uncertainty of life, and the certainty of death, do make and publish this my last will and testament disposing of the remainder of my estate when I am dead. First: I Will and bequeath that my body shall be buried in a decent but economical manner as becomes my station in life, and that the funeral expenses as well as expenses of my last sickness be paid out of any personal property I may have at the time of my death, and should the personal property be in-sufficient for said purpose then out of so much of my real estate as may be necessary for said purpose. I have heretofore given to all my children that have reached and passed the age of majority property equal in value to the property herein after disposed of by this Will, therefore the names of said children are not mentioned herein. Second: I Will and bequeath to my daughter, Birtie Louisa White, 40 acres of land, a part of the James Hamilton Survey, on which I now live and being that portion on which my home is situated and lying on the West side of the Wills Point and Iron Bridge Road, subject however, to the occupancy of Mrs. Mary J. Howard during her life time as hereafter set-out and explained. Third: I Will and bequeath to my son, Martin White, 18 acres of land of said Hamilton Survey being that portion of my homestead tract lying East of said Wills Point and Iron Bridge Road and 8 ½ acres of land same Survey, out of a 10 acre tract adjoining Burnett’s and Wilson’s tracts and known as my timber tract; This bequeath being subject only to any sale of part of same that may become necessary to defray burial expenses and expenses of last sickness as above set—provided; and also to expenses of probating this Will and reasonable compensation to my executor and Atty. For what they may do in the (premises)? Fourth: In view of the fact that I have become crippled and decrepit and require constant care and attention and being poor and unable to hire such help as in necessary and having hired and employed Mrs. Mary J Howard to live on my said place and keep house for me and care for me while I live, she having already been with me and cared for me a considerable length of time, with-out compensation and having contracted and agreed to stay with-me and care for me the balance of my life, in consideration of all of which I make this Fourth bequeath and direct that after my death, she the said Mrs. Mary J Howard shall at her option occupy and continue to live on the 40 acres of land herein before bequeathed to my daughter Birtie Louisa White, during the life time of the said Mrs. Mary J Howard, after which it shall vest as provided in Bequeath, Second above. Fifth: I give and bequeath to the said Mary J Howard 1 ½ acres of land out of the South West Corner of the 10 acres tract herein before referred to. This 1 ½ acres to vest in her absolutely and in fee simple at my death. Provided that the bequeath of occupancy by said Mrs. Howard of the 40 acres of land during her life time is conditioned that she shall dwell and truly live on my place at my home and care for me and keep house for me during the remainder of my life, otherwise said bequeath shall be void. Sixth: I hereby appoint J.J. Starnes, of Wills Point, Texas, executor of this Will and direct that he be permitted to qualify without bond. In evidences of the above, I hereto subscribe my name in the presence of W. J. Greer and J.A. Tucker who sign this instrument as witnesses at my request. This Dec. 23, 1903. his Thomas x White mark Witnesses: W. J. Greer, J.A. Tucker, Filed Feb. 27, 1905