The Last Will and Testament of
To be deposited in the office of the Probate
Court of San Augustine County, and not
To be opened until after the death of the
Testator – this 9th May AD 1844
Deposited with me and reciepted for May 11th 1844
A. M. Davis P. Judge
The Republic of Texas }
San Augustine County }
Know all men by these presents that I Elisha Roberts of the county and Republic aforesaid, being advanced in age, and drawing near the close of life, and being desirous of appointing the manner in which my Estate shall be distributed after my death do freely unrestrained and solemnly declare the following written Declarations to be my last will and Testament
To wit First of all, I consign my soul to the disposition of a Merciful Providence.
2nd It is my Will and desire that William D. Smith, Philip A. Sublett, Noel G. Roberts and Felix G. Roberts, shall act as my Executors and see that my Will as herein after expressed, shall be executed according to the letter and spirit thereof,
3rd It is my will and desire that all of my just debts and liabilities shall be paid and discharged out of such portion of my Estate as my Said Executors or a majority of them, shall think best for the Interest of all the legates herein after named
4th It is my Will and desire , in case of Martha my wife shall survive and outlive me, that my said Executors or a majority of them, shall make such provision for her out of my estate as shall be satisfactory to her, provided the amount so set a part for her shall not exceed the amount to which she may be entitled to by law.
5th Whereas Easter Jane Sublett, Margaret McDonald, Noel G. Roberts and Felix G. Roberts have already received from me to wit Easter Jane Sublette two hundred dollars in cash, Margaret McDonald, one small negro girl, Noel G. Roberts one small negro Boy, and one hundred and twenty four acres of land, worth seven dollars and fifty cents per acre and Felix G. Roberts on small negro girl, one thousand dollars in cash, and one hundred twenty four acres of land (inserted – worth seven dollars and a half per acre) over and above what I have advanced to the rest of my children herein after named. It is therefore my Will and
desire that before there is any division of my estate or property whatsoever, that each one of my children who has not received the same number of slaves as Margaret, Noel and Felix, shall have one as near the same value as can be had, as those received as aforesaid by the same Margaret, Noel and Felix And it is further my Will and desire that all of my children, before any other division of my property is made that such as is already mentioned, shall draw a sufficient portion of personal property or slaves as they may think proper at a fair cash valuation as shall be equal to the afore said Thousand Dollars already advanced to my son Felix, the said Easter Jane, accounting to the estate, for the said two hundred dollars advanced to her as aforesaid – as as to the aforesaid land already advanced to Noel and Felix. It is my will and desire that they shall account to the estate in the general distribution of my lands as herein after expressed
6th It is my Will and desire that all the slaves of which I may be possesed of at my death except such as may be withdrawn by sme of my children to make their portions equal to those to whom I have already made this aforesaid advances, and except such as may be set apart by my said Executors as aforsaid for my Wife shall be divided into lots or parcels as nearly equal in value as possible and that all of my children to wit – Anne Daughtry, Elizabeth Smith, Easter Jane Sublette, Matilda Allen, Noel G. Roberts, Mahala Sharp, Felix G. Roberts and Margaret McDonald shall cast lots in a manner to be prescribed by my said Executors or a majority of them, for first, second and third choices and so on of said lots or parcels of slaves, which lots or parcels of slaves shall be so arranged by my said Executors or a majority of them, so as to make as equal distribution of my negroes according to their value among my children as named in this Will as can conveniently be done
without disposing any of said negroes to public sale.
7th It is my Will and desire that all the lands of which I may be the owner at my death, except such as may be set apart by my said Executors for my wife as aforesaid and except such as hereinafter definitely disposed of shall be divided into small tracts or parcels and each tract or parcel after being so divided, valued according to its cash value and that all of my children herein named (inserted – shall draw lots for the same) so as to cause as equal a distribution of the same, according to value, as can be conveniently made without offering any of the same for public sale. Noel and Felix accounting to the estate in the distribution of lands for those which they have already received as aforesaid.
8th It is my Will and desire that Matilda Allen shall have five hundred acres of land where she now lives, to be run off as my said Excutors or a majority of them, shall think proper and to be valued as XXXX though there were no improvements upon the same and for the value of which she is to account in the general distribution of my lands aforesaid.
9th It is my Will and desire that all the perishable property of which I may be possessed at my death except such as may be set apart as aforesaid by my said Executors for my wife and except such as my be withdrawn by some of my children, to make their portions equal to those to who I have already made the aforesaid advances, shall be equally divided among all of my children herein named, in such manner as my said Executors or a majority of them shall think least expensive and most to the interest of all of my children.
10th It is my Will and desire that Mahala Sharp shall have as much of the land whereon she now lives, as she may think proper to take to be run off in a square or oblong provided she accounts to the estate in the general distribution of my lands as aforesaid for the same at one dollar per acre.
11th It is my Will and desire that any advancements whether in money or property which I may hereafter make previous to my death to any of my children shall after my death be by them accounted for on the general distribution of my whole estate in the same kind of property (or money as the case may be) which I may so advance.
12th Whereas I consider that I have already given equal portions of property to XXX all of my chilren herein named, except the distribution already mentioned in regard to Easter, Mary and Noel and Felix. It is therefore my Will and desire that there is no other differences made in the general distribution of my whole estate, among my children than what is herein espressley made.
13th It is my Will and desire that this my last will and testament shall be sealed up and deposited in the office of the Probate Court of San Augustine County and that it shall there remain so sealed up until after my death.
14th In case any of my children herein named should die before myself It is my Will and desire that the property herein provided for them descend to their children or heirs as the case may –
The words "worth seven dollars and a half per acre" and the words "shall draw lots for the same" were interlined before the signing hereof. Given under my hand and seal in the presence of Asher Mitchell William C. Edwards, and Henry W. Sublette all of whom are subscribing witnesses at my special request this 8th of May A. D. 1844.
Elisha Roberts (seal)
H. W. Sublett
A. G. Mitchell
Wm. C. Edwards