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The Will of James Talbot, Sr.

December 10, 1805 –September 19, 1882

 

State of Texas              §

County of Robertson   §

 

            In the name of God Amen!  I  James Talbot of said county and state, being sound of mind and disposing memory, and desireous to make a just fair, and impartial disposition of the property with which God hath blessed me, do make this, my last will and testament.-------

 

1st.  I will and bequeath my body to the dust, from which it sprung and commit my soul to God who gave it, trusting in his mercy and the atonement of his son Jesus Christ------

 

2nd  I desire that the expenses of my last sickness and of my burial shall be defrayed by my wife from the money or personal property belonging to me-----

 

3rd   I will and devise to my beloved wife my homestead tract  embracing 307 ½ acres of land in the surveys, one of 250 acres and one of 57 1/3 acres both specially described in the map and field notes of “Map No. 1” attached to this will and made a part thereof which property shall belong to my wife absolutely to sell of dispose of as she may desire.  I also will and bequeath to my beloved wife Mary Jane Talbot the money and personal property, notes and bonds, which I may own at the time of my death.

 

4th        I will and devise to my beloved son Romanus Talbot Survey No.1 on “Map No. 1” hereunto attached containing seventy five ¾ acres, and Survey No. 3 on Map No.2 containing one hundred and thirty acres, both of said maps with the field notes of the Surveys delineated on them are attached hereto and made a part of this will---

 

5th        I will and devise to my beloved daughter Rosa F. Talbot seventy five and ¾ acres of land described in the field notes and plat on Map No. 1 it being Survey No 3 on Map No 2 hereunto attached and which is particularly described in the field notes attached.-----

 

6th        I will and devise to my beloved Grand Daughter Amelia Weir 75 ¾ acres of land the same being lot No.3 on Map No.1 and also on hundred and thirty acres of land described in the field notes to lot No 1 in map No 2, attached hereto and made a part hereof.---

 

7th        It is my will that none of my heirs under this will except my beloved wife, shall control any of the property herein devised until my beloved daughter Rosa and my beloved Grand Daughter Amelia are both educated and attain the age of twenty one years but should Amelia marry before she is twenty one years old she shall then receive the property herein devised and should she not marry she shall have it when twenty one years old.  The following are the maps and field notes above referred to.

 

Maps and Field Notes follow

 

I appoint my beloved wife Mary Jane Talbot the Executor of this my last will and desire that she shall act as such without giving bond, and that no legal steps shall be taken under this will beside the probate, and recording of the same.  Should my beloved wife die before my legatees come into possession of my estate, then I appoint my friend Wm Burnett to succeed my wife in executing this will, and should he die or refuse, then my son Romanus Talbot.___

I enjoin as my beloved heirs to study the teaching of our blessed Savior Jesus Christ, and ______ trust that we may be again united beyond the grave.----

 

This will was signed by James

Talbot in our presence and                                                    /s/ James Talbot  {seal}

­­­­Witnessed to in his presence

and in the presence of each

other at his request.----

 

/s/     ??

/s/ J. B. Boyd

/s/ James S. Hearne

/s/  Geo. F. Randolph

 

 

 

Codicil No. 1

 

 

            Should my grand daughter Amelia Weise [ Weir, Wise, Wire?] die leaving no children surviving her I will and desire that the property will to her by me shall be divided equally between my children Rosa F. Talbot and Romanus Talbot or their heirs.  Signed this 8th December 1871.

 

This codicil was signed by

James Talbot in our presence and                                           /s/ James Talbot {seal}

We sign this same as witnesses in

His presence and in the presence of

Each other at his request---

 

/s/ 

/s/  J. B. Boyd

/s/  James S Hearne

/s/  Geo. F. Randolph

 

Codicil No. 2

 

            I hereby revoke the third clause the foregoing my last will and testament made and executed by me in the 8th day of December, 1871 wherein I did bequeath a fee simple estate to my wife in and to the homestead and other property therein _______ and I do declare and publish by way of codicil the following clause as a substitute in ______ _____

“I will and devise to my beloved wife for the term of her natural life my homestead tract of land embracing 307 ½ acres of land in the surveys one of 250 acres and the other of 57 ½ acres both specially described in the map and field notes of Map No. 1 hereto attached and made a part hereof which property shall after he (my wife’s) death descend to my daughter Rosa F. Talbot and Amelia Weir my grand daughter all the personal property belonging to me except my wife’s community interest therein.  I further declare and direct that no further action shall be had in the administration of my estate by the Courts of the county except the Probate of my will and the return of an Inventory and appraisement of my estate to the Court and that no bond shall be required of my executors.  Given under my hand and seal (___ for seal) in the presence of the witnesses whose names are hereto signed this 9th day of August, 1872

 

/s/ 

/s/  J. B. Boyd                                                                                      /s/  James Talbot

/s/ Geo. F. Randolph

 

 

 

Codicil No. 3

 

            Whereas since the writing o;f my will and the codicils attached and forming part thereof, William Burnett who is named as Executor of my said will in the event of the death of my beloved wife who is first named, I now designate and hereby constitute my friend Chares P. Salter in the [room?] and stead of said William Burnett, to act in the event of the death of my wife, as the Executor of my last will and Testament.

            Given under my hand this 4th day of August, A. D. 1877, in the presence of the witnesses whose names are hereto attached and signed :

 

This codicil was signed by

James Talbot in the presence and                                           /s/ James Talbot

Witnessed by us in the presence

and in the presence of each other

at his request:

 

/s/  ___B. Briggs

/s/____ Scott