email Mike
Welch
NO. 11479
State of Texas
County of McLennan:
20th, day of July, A.D. 1935
KNOW TO ALL MEN BY THESE PRESENTS:
I Joseph Welch, being of sound mind and memory and realizing the uncertainty of life and the certainty of death, do make publish and declare this my last Will and Testament, hereby revoking all other Wills by me made.
FIRST
It is my will and desire that as soon after my death as is practical all my just debts by paid, including funeral expenses, and that a Marker of the same style and model as is at my deceased wife's grave, be placed at my grave.
SECOND
I, Will, bequeath, grant and give to my son Edgar Welch, for his use and benefit during his life time ONLY, seventy seven acres of land situated about two miles southeast of the town of Moody, in McLennan County, Texas. Said land to be cut off of the west side of a one hundred acre tract of land, being part of the Joel Boggess survey and being the same land conveyed to me by H. G. Miller and wife Ada Miller and recorded in Vol. 145 Page 498 of the deed records of McLennan County, Texas. This bequeath is made provided and with the understanding that the said Edgar Welch shall pay all the taxes assessed against said land during his lifetime and he shall have possession of and receive all revenues derived from said land so long as he shall live. It is my will and desire that after the death of my son Edgar Welch, that the said seventy seven acres of land described in this paragraph, shall revert to and become the property of my sons L.B. Welch and Otis Welch, each to receive equal parts share and share alike.
THIRD
I Will, bequeath, grant and give to my daughter Lillie Welch
McBride,
the sum of Twelve Hundred
Dollars $1200.00 to be paid out of my estate, less all amounts that
may be received by her during my lifetime.
I Will, bequeath, grant and give to my daughter Lillie
Welch McBride, twenty three acres of land, situated about two miles
south
east of the town of Moody, in McLennan County, Texas, being twenty
three
acres off of a one hundred acre tract of land, being a part of the Joel
Boggess survey and being a part of the same land coveyed to me by H.G.
Miller and wife Ada Miller and recorded in Vol. 145 Page 498 of the
deed
records of McLennan County, Texas.
FOURTH
I Will, bequeath, grant and give to my daughter, Ina Mae Welch Diddle, and her heirs, the east one half of an eighty acre tract of land situated about two miles southwest of the town of Moody, in McLennan County, Texas, being a part of the R.M. Coleman survey, and being the same land conveyed to Joseph Welch by J.L. Richardson, et al recorded in Vol. 210 Page 355 of the deed records of McLennan County, Texas.
FIFTH
I Will, bequeath, grant and give to my daughter, Ava Myrtle Welch Baxter and her heirs, the west one half of an eighty acre tract of land situated about two miles southwest of the town of Moody, in McLennan County, Texas, being part of the R.M. Coleman survey, and being the same land conveyed to Joseph Welch by J.L. Richardson et al recorded in Vol. 210 page 355 of the deed records of McLennan, County, Texas
SIXTH
I Will, bequeath, grant and give to my three sons, John Welch,
Alvie Welch and Albert Welch, a certain tract of land situated about
two
miles west of the town of Moody, in McLennan County, Texas, containing
one hundred and twenty acres of land more or less, being the same
land described in a deed from J.D. Welch and wife to J. Welch,
dated
January 12th, 1893, recorded in Vol. 90 Page 379 and 380 of the deed
records
of McLennan County, Texas.
To my son, John Welch, the north one third of said tract of
land.
To my son, Alvie Welch, the middle one third of said tract of
land.
To my son, Albert Welch the South one third of said tract of
land.
There being a water well located on the middle one third of
said tract of land, it is my will and desire that all three of my sons,
John Welch, Alvie Welch and Albert Welch, shall have free access to and
free use of the water from said well, indefinitely or as long as they
each
shall live. It is my will and wish, the access to this well and
the
free use of the water, never be transferred to or given to any person,
other than any of the beneficiaries named in this will.
SEVENTH
I Will, bequeath, grant and give to my daughter, Grace Welch Boedecker, my home in Moody, McLennan County, Texas, where I now live, being lots No. four and No. 3, together with all the improvements there on and the insurance policy on said improvements. These lots being a part of the subdivision in a partition suit of Baker Ballew and wife vs. J.C. Nailer, et al No. 14931 in the 19th, District Court of McLennan County, Texas and being located and situated in the town of Moody, McLennan County , Texas.
EIGHTH
I Will, bequeath, grant and give to my daughter, Pearl Welch Taylor and her heirs, Twenty shares of stock in the Amicable Life Insurance Company, of Waco, Texas, evidenced by certificate No. 3878 dated the 11th day, February, A.D. 1911. And the further some of Fifteen hundred dollars $1500.00, less all amount she may have received during my lifetime, the balance to be paid in cash out of my estate.
NINTH
It is my will and desire that my Executor of this Will to be herein-after named, shall advise with my four sons, John Welch, Edgar Welch, Alvie Welch and Albert Welch, regarding the sale and disposition of all other property of which I may be possessed at the time of my death, and the proceeds of both personal and real property, be used for the purpose of paying my just debts and paying the cash bequests made in this Will, and after paying all debts and cash bequests, the remainder, if any, shall be distributed and divided equally, share and share alike among my nine children.
TENTH
It is my Will and desire that all bequests recited and all action taken in regard to this Will, shall be effective on or about January 1st, following ny death. I make this request in order that tenants and occupants of my property may not be disturbed during the year in which my death occurs. It is my further Will and desire that all rents accruing during the year of my death be paid into my estate.
ELEVENTH
It is my Will and desire that should any of the beneficiaries named in this Will, try in any way to change, or, contest or break this Will, such one or ones, shall be eliminated and barred from receiving any part of my estate, and the part or parts bequeathed to such one or ones, shall pass equally and proportionately to the other beneficiaries named in this Will.
TWELTH
I hereby name and appoint my friend, Zelma S. Teague, to act
as
Free and Independent Executor of this my last Will and Testament,
WITHOUT
BOND, with full power to execute this Will without the intervention of
the court, other than the probating of this Will the filing of an
inventory
and appraisement.
It being my desire and wish that no other action be had in the Courts
in regard to this Will, but the Executor be Free an Independent to act
on his own best judgment herein, and he is authorized and
empowered
by this Will to make, execute and deliver such deeds as may be
necessary
and proper to secure a division of my estate, or to sell any or all
property
for the purpose of paying my just debts or dividing the proceeds of my
estate. And the deeds made by my executor be paid the sum of One
hundred and fifty dollars $150.00 in cash as his fee for services in
acting
as executor of my estate and of this Will.
THIRTEENTH
After having read and fully understood and after having same
read
to me, the foregoing Will, it embraces and contains all the bequests
desired
to be made by me. All erasures and interlineations having
been made before signing this Will, I sign sea and deliver the same
in the presence of the subscribing witnesses, this the 20th day of July
A.D. 1935, At Moody, McLennan County, Texas.
J.C. Reynolds
E.M. Matthews
