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Will of William Butler 
Submitted by Maryanne Butler Walsh

WILL -  made 23 Aug 1840 and probated 31 May 1847:

   In the name of God Amen.  I William Butler being yet of sound mind and memory yet laboring under sore affliction and feeling my bodily strength failing and believe my end near of my natural life do by the duty imposed on me as a husband, parent and citizen make, constitute and ordain this my last will and testament. That my wife Sarah have and retain possession of all my lands and possessions on which we now live during her natural life or widowhood and that all or so much as is necessary of all my other
property be sold to pay my debts except a certain Negro woman named Nancy which is her own property inherited by heirship and at her death or remarrying all the provision bequeathed or settled on her my wife must be divided equally amongst all of my children and further it is my will and wish that John R. Johnson be my executor with my wife Sarah. [That the words "named Nancy" were interlined between the seventeenth and eighteenth lines before assigned and forming a part of the eighteenth line] And this my last
will made at my residence in the Republic of Texas, North Division of Liberty County 23 August AD1840 and solemnized by being signed by me in the presence of witnesses and in my proper sences (sic).  William Butler 
Test      Matt Hubert      Joel P Wofford       JG Perryman
The State of Texas   "=SEAL=" 
County of Polk          "======"    Personally came and appeared in open court before me
Matthew Hubert one of the subscribing witnesses to this written will who took and subscribed this
following oath:  I do solemnly swear that William Butler whose name appears on this written will was of sound mind and memory and of his own free will signed and acknowledged this same will in the presence of me as his last will and testament so help me God.                    Mat Hubert

Sworn and subscribed before me this 31st day or May 1847       C. Halshausen, Judge of Probate 
Recorded 13th June 1847                               John A. Wooten  C.P.C.D.C.       By  Wm.D.Dillon D.C.

March 9, 1847 - Sarah Butler widow of William Butler petitioned for letters of administration and was appointed May 31.  She filed an inventory of estate July 25.  That modest inventory did not contain anything to indicate he farmed more that enough to support his family and had only a minimal amount of stock.  However, he was a beekeeper having 23 hives. 

Sarah Butler died Nov. 1849 according to the Polk Co 1850 Mortality Schedule (age 50 - born in KY)

COURT DOCKET - County Court, July Term 1851   Application for final settlement & C.
Whereas James Winn, Administrator of said Estate having presented to the Court his final exhibit and account of said Estate for final settlement, and the Court being satisfied that the notice herein ordered has been given proceeded to examine said account and exhibit, and after careful examination, audits and settles the same and ordered that the vouchers presented to be filed and recorded by the Clerk and after payment of all the debts against the Estate, the sum of four hundred and twenty five 20/100 dollars is left in the hands of Admin. and subject to distribution & partition among the heirs of said Estate and from enquiry & testimony, the heirs of said Estate found to be: John Childress & wife, Susan; Edward Irons & wife, Mary; Stephen Butler, Henry Butler, John Butler, Elisha Irons & wife, Delila; Silas M. Butler, Leander Butler, Kessiah Butler, who are adults & Elizabeth Butler, a minor, who are each entitled to one tenth part of said sum above named and Wm. S. Vance having presented to the Court transfers duly authenticated by the above name adult heirs, to him for their interest in said Estate.  It is therefore ordered by the Court that Jas. Winn, administrator of said Estate, pay to W. S. Vance the sum of Three hundred and Eighty two 68/100 Dollars, being the interest of the said nine adults heirs, which leaves the sum of the minor Elizabeth of Forty-two 52/100 Dollars in the hands of said Winn, Admin.  It is therefore ordered by the Court that James Winn be and is hereby appointed guardian Ad.Litem of the said minor & it appearing to the satisfaction of the Court that said administrator has accounted for all the assets -that has come into his hands and that all debts against the same have been paid, also the distributive shares of all the adult heirs.  It is therefore ordered by. the Court that James Winn, Administrator of the Estate of Wm.  Butler Dec'd. be and is hereby discharged from all further liability or responsibility of the same and is discharged from his trusts as aforesaid.

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