- State of Texas
Will dated 18 Jul 1863; proved 28 Sep 1863.
I Stephen Bennett of County and State aforesaid do make thismy last will and testament hereby revoking all others here to for made—
First - I will and direct that all my just debts be paid, bymy Executor hereinafter named, as soon after my death as convenient out of anymoney on hand, or otherwise, by him to be provided as he thinks best.
Second - I do hereby will, give and bequeath to my fourchildren - Mina Seay, wife of Reubin Seay, my sons, William Bennett andArmstead Bennett and my daughter Judith Bennett, Fourteen hundred acres of landin said Anderson County, being part of my head right - to be equally divided inquality and quantity to and amongst my said four children above named. And Iwill, give and bequeath to my daughter, Alice Bennett, three hundred and twentyacres of land, out of a twelve hundred acre tract I own in Houston County, tobe selected by her out of the best of 1200 acres-it being part of my headright.
Third, I will and direct that my Executor and the guardianof my children, herein after named, shall out of the residue of my property notherein specifically disposed of, educate and school my children, according to theircondition in life, in a plain and practical manner.
Fourth - after the specific legacies above provided, I dogive an bequeath all the remainder of all my property, to all my children, viz.Mary Jane Kyle, wife of William Kyle, Isophenia Parker], wife of Isaac Parker,and the five children above named, about the same amount that is herein givenspecifically to the other five children above named. My intention is to make asnearly equal as may be.
And, as to my present wife, Nancy Bennett, has abandoned mewithout cause [word blurred] me to support and raise my said children above namedby a former marriage, except the child Alice, I do hereby disinherit heraltogether, and do provide and direct, that the said Nancy Bennett shall haveno part or portion of my property of any description, it being my own separateproperty.
And I do hereby constitute and appoint my friend, BenjaminParker, the Executor of my last will and testament, and the guardian of my fourminor children above named, viz. William Bennett, Armstead Bennett, JudithBennett, and Alice Bennett. And I do hereby so provide and direct by this mywill, that no other action shall be had in County Court, in relation to thesettlement of my estate, either as guardian or executor, than the probate andregistration of my will, and the return of an inventory of my estate. And I dofurther provide and direct, that no security shall be required of my saidExecutor, Benj'n Parker, above named either as guardian or as Executor of mywill. July 18th 1863. /s/ Stephen Bennett Signed and acknowledged in thepresence of us - Test - /s/Eli Baily /s/ [unreadable]
Attachment:
State of Texas)
County Court pertaining to Probate business,
Sept. term County of Anderson 1863
This day personally appeared in open court Thomas I Word[Ward?], a subscribing witness to the [unreadable] writing, purporting to bethe last will and testament of Stephen Bennett, and being duly sworn, the saidWord deposeth and saith, that he wrote the said written instrument, at the requestof said Stephen Bennett, that he saw the said Stephen Bennett sign the same onthe day of the date thereof, as his last will and testament that the saidBennett requested the affiant and Eli Baily, the said Eli Baily did sign thesaid instrument, at the request of the said Bennett, and in the presence of eachother and also in the presence of the said Stephen Bennett, on the day of thedate of said will—
Sworn and subscribed in open court the 28th day of September1863 Wm Alexander C.J & Co
Recorded in my office in Probate Recorded Book 11 on pages341, 342 & 343 Given under my hand and -- This 11th day of March AD 1864 /s/B. F. ---- CC&Co
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Abt 1804 - Bef 1863 (~ 59 years)
Children