ESTATE RECORDS OF HENRY DAVIS, Died 23 March 1870, Grayson County, TX
Probate Record H Grayson County, TX
Wednesday 10 day 2nd week Oct 5 1870
M H Davis, Elizabeth Jackson and William Jackson ]
vs ] Petition for
Estate of Henry Davis Decd ] Probate of Will
In this case it appearing to the Court that E. M. Davis surviving widow of the said Henry Davis Decd, had filed her petition in writing praying the Court to admit to Probate the last will and testament of her said deceased husband, after first giving legal notice as required by law, and it further appearing to the Court that M. H. Davis, Elizabeth Jackson and Wm Jackson had filed their protest in writing charging among other things that the said will was not the will of said Deceased and the parties by their attorneys have announced themselves ready for trial, and the witnesses in this cause having appeared in open Court and being sworn and their testimony having been reduced to writing: and after hearing the law and the argument of council thereon it is considered by this Court that the Law is for the Probate of said Will, it is therefore ordered and adjudged that said will be spread upon the Records of this Court as the last will and testament of the said Henry Davis Decd.
To which ruling of the Court the said protestants accept and give notice of appeal.
The State of Texas ] In the name of God, Amen
Grayson County ]
I Henry Davis of the said County of Grayson, [Texas] being of sound and disposing mind and memory and being desirous to settle my worldly affairs while I have strength so to do, do make this my last will and testament hereby revoking all others heretofore by me made.
Item 1st - I desire and direct that my body be burried in a decent and christian like manner suitable to my circumstances and condition in life.
2nd - I desire and direct that all the expences of my last sickness, and all my just debts be paid without delay.
3rd - I give bequeath and devise to my dear wife E. M. Davis a certain tract of land the same being my Homestead, Commencing at a stake 7 Rods West of Aaron Harnings S W corner, thence running East so as to cover all the improvements, and on rod East of all the hedge, thence S to my S Line the same consisting of all the land that I have West of the aforesaid line including the land taken out of the Furgerson headright, and all other lands I may have attached to the homestead to the west of the aforesaid line.
4th - I give and bequeath to my son Henry Ulyses all the land I purchased out of the Furgerson headright on the East of the above described homestead. If Henry Ulysses should marry and die without issue, then I desire and direct that one half of the above land bequeathed to him to go to his wife, and the remaining half to go to my beloved wife E. M. Davis, should the said Ulysses die without leaving a widow or issue then I desire that the entire amount of land bequeath to Henry Ulysses should go to my beloved wife E. M. Davis or her heirs.
5th - I give bequeath and devise to Pelmon B. Emmerson (if he stays with my family until he is twenty one years old) Two Lots in the town of Farmington in Block O lots no one and two, One hundred Dollars in money and one hundred and fifty Dollars in property or two horses saddle & bridle.
6th - I give bequeath and devise to Theodosia Ernest Modling to have lot No 4 in Block No 2 in the town of Farmington.
7th - I give and devise to Mary Modling Lot No 6 in Block No 2 in the aforesaid town.
8th - I give and bequeath to Hattie Briscoe Lot no 5 in Block no 2 in the aforesaid town.
9th - After disposing of my effects as above directed if so much yet remains as fifteen acres of timbered land in Collin County on East Fork to be taken out of the H??? survey I give and bequeath the same to my beloved wife and my son Henry Ulysses.
10th - I give bequeath and devise to my beloved wife and Henry Ulysses all lands belonging to my estate not herein disposed of. Also all of my wheeled vehicles books goods and chattels of every description not otherwise disposed of.
11th - I hereby constitute and appoint my beloved wife E. M. Davis sole executrix of this my last will and testament.
12th - I desire and direct that no other action shall be had in the County Court in relation to the settlement of my estate that the Probate and registration of my will, the return of an inventory of my estate, and Bond from my Executrix E. M. Davis
In testimony whereof I have hereto set my hand this twenty fifth day of February A.D. 1870.
Henry Davis
signed declared and published by Henry Davis as his last will and testament in the presence of us the attesting witnesses who have hereto subscribed our names in the presence of the said Henry Davis at his special instance and request, this 25th day of February A. D. 1870
W. N. Mayrant
J. M. Hurt
The State of Texas ]
Grayson County ] Codicil
Whereas I Henry Davis of the said County of Grayson on the 25th day of February A D 1870 made signed declared and published my last will and testament in presence of James M. Hurt & W. N. Maysant who signed the same as witnesss, and whereas I am desirious of amending this my last will and testament, I therefore make and publish this my codicil to said will.
I desire and direct that should my wife E. M. Davis die before I do then I desire then in that event all the property both real and personal which I have given and demised to my said wife shall vest in the heirs of her body forever
In testimony whereof I hereunto sit my hand this 25th day of February A D 1870
Henry Davis
Signed declared and published by Henry Davis as his codicil to his last will & testament of the 25th day of February A D 1870 in the presence of us the attesting witnesses who have subscribed our names hereto in the presence of the said Henry Davis at his special instance and request - three word crossed out in the 2nd line of their 1st
This 25th day of February A D 1870
W. N. Maysant
J. M. Hurt
It is further ordered by the Court that the said E M Davis Executrix as aforesaid enter into Bond in the sum of Eight Thousand Five Hundred Dollars the same to be approved by the Clerk of this Court as required by Law, and that upon the filing and approval of said Bond that Letters of Testamentary issue
And the said E. M. Davis, Executrix as aforesaid presented to the Court her appraisal of the property of the Estate of the said Henry Davis Decd which were appraised and ordered to Record towit:
Appraisement of the personal property belonging to the Estate of Henry Davis Deceased April 30 1970
1 Brown mare 10 years old Branded HD valued at 60.00
1 " Horse 2 " " " " " 25.00
1 year old Mule 40.00
1 Bay Mare 8 years old 75.00
1 " Horse colt 2 years old 15.00
1 Brown Mare " " " 25.00
1 Bay " 3 " " 50.00
1 " " 10 " " 50.00
1 Horse Year " 15.00
1 Old Black Pony Mare 1.00
1 Brown 4 year old " 75.00
1 Bay 2 year old mare 20.00
1 Brown Horse 10 years old one eyed 75.00
1 " " 6 " " 75.00
1 " " 5 " " 65.00
1 Bay Horse 3 " " 60.00
1 Cow 14 " " Branded JT 5.00
1 " Black " HD 12.00
1 Yearling 2.50
1 Cow and calf 10.00
1 Brown Cow or dry Cow 10.00
1 Red 8 year old Cow and Calf 8.00
1 " " " " " " " 8.00
1 Old Wagon 50.00
1 " Buggy 10.00
2 Single Shovel Plows 5.00
" double " " 20.00
1 2 Horse Plow 5.00
1 1 " " 7.00
1500 lb Cotton @ 13 c/ 195.00
1 Lot old harnesses 5.00
5 Hogs 12.00
2 Bedsteads 10.00
1 Sideboard 10.00
1 Toilet Table and looking Glass 6.50
6 Chairs 3.00
1 Loom and Spinning Wheel 5.00
1 Clock 10.00
1 Kettle and 1 Pot 8.00
1 Note on R. Wells, amt due 11l.62 Gold
1 " " Dr. Vowell 80.00
1 Lot Sundry Tool etc 5.00
________
1364.62
Real Estate
Homestead tract 250 acres more or less @ $10 2500.00
11 Acres timbered land in Collin Co @ $6 60.00
10 " ???? wood 100.00
________
$4024.62
Sworn to and subscribed
before me this 21st day of April A D 1870 John P. Furguson
John Dorchester Clerk Wm H Bean
by E. H. Fry Dpty R S A Barnett
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Stamped $1.00
The State of Texas ] District Court pertaining to Estate
Grayson County ] Term 186-
To all wo whom these presents shall come come ---
Greeting. Know ye that E. M. Davis as principal and executrix are held and firmly bound unto District Clerk of the County of Grayson in the sum of Eight Thousand five hundred Dollars for the payment of which well and truly to be made unto the said District Clerk we bind ourselves our heirs executors and administrators Jointly and severally firmly by these presents. Signed with our hands and sealed with our seals (the seals being scrolls) the 2nd day of July A D 1872. The conditions of the above obligation is such that whereas the above bound E M Davis has been appointed Executrix of the Last Will and Testament of Henry Davis deceased. Now if the said E M Davis shall well and truly perform all the duties required of him under said appointment then this obligation shall be null and void, otherwise to remain in full force and effect.
E M Davis (seal)
W W Wheat (seal)
J M Collins (seal)
Wm H Bean (seal)
The Estate ]
of Oath ]
Henry Davis Decd ]
I do solemnly swear that the writng which has been offered for probate is the last will and testament of Henry Davis deceased so far as I know or believe and that I will well and truly perform all the duties of executrix under the said will so help me God.
Sworn to and subscribed before me E M Davis
this 2" day of July A D 1872
S Bostick Clerk
BCC Fry Dpty
The above Bond approved this July 10" 1872
S Bostick Clerk
Filed July 2" 1872
S Bostick Clerk
BCC Fry Dpty
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Page 251
The State of Texas ] Personally appeared before me
Grayson County ] W. M. Nagrant J. P. Pre ?
Grayson County, Wm H. Bean, Harvy Bunton
Who being by me duly sworn Say that they are not interested in the
estate of Henry Davis nor kin to any person interested therein. They
will to the best of their ability view and appraise the personal
property to them produced and the Real property embraced in the
within inventory to them Submitted by E M Davis executrix
the 7th day of September A.D. 1872.
Wm H. Bean
Harvy Bunton
Inventory of the Estate of Henry Davis Decd
47 acres Land J. P. Ferguson Headright Grayson County
15 " timbered Land in Collin "
18 Town Lots in Farmington
4 Mules, 8 head of Horses, 1 Cow and Calf.
One Note on Dr. Vowell for $75 dated 1st October 1869.
One December 25" 1879 bearing eight per cent interest
Cash on hand collected from on Milles since Death of Henry Davis $
(1) Deed of J. P. Ferguson to Henry Davis to 213 Acres of Land of
the J. P. Ferguson Headright in Grayson Co Dated 20" Jun 18
(2) Deed from J. P. Ferguson to 36 acres Land in Grayson County
dated 29" day of May 1857.
Do hereby swear that the above Inventory contains a full complete
statement of the real and personal property Book Papers en
of debts due or to Become due belonging to the estate of Henry Davis
decd so far as I have been able to
E. M. Davis
Sworn to & Subscribed before me the 9th Sept 1872
W. N. Magrant J P Prec
Compiled and submitted by Mary Love Berryman.