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Brittain Willeford's Will

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Upshur County Probate Book
Page 204, Estate 362

Estate of Brittian Willeford, Deceased

 In the matter of the last will of said Brittian Willeford, deceased, upon having the petition of C.B. Willeford for probate of a certain instrument of writing now produced in Court purporting and alleged to be the last will of Brittian Willeford, deceased, and for letters testamentary thereon, and in reading the testimony of J.W. Willeford in  a statement of which is filed with the papers of this cause-

It is ordered and decreed by the Court that said instrument of writing is proved and be received as the last will of said Brittian Willeford deceased, and that the testimony aforesaid be also recorded with said Will.  It is further ordered that letters testamentary thereon be issued to C.B. Willeford upon his taking the oath prescribed by law in twenty days, and that James Long, J.D. Mathis and A. Glenn be appointed appraisers to appraise the property both real and personal belonging to the Estate of Brittian Willeford, deceased.

The State of Texas
County Court of said County/County of Upshur
Sitting for Probate purposes March Term 1883.

To the Hon Jno W Hea____, County Judge of Upshur County, presiding, given petitioner C.B. Willeford respectfully shows that on the 22nd day of January AD 1883 Britain Willeford, who was then a resident citizen of said County of Upshur in the State afore said, departed this life, naming at the time of his death an estate consisting of real and personal property of the probable value of three thousand dollars, and that in his life time, to wit, on the 4th day of June AD 1880, the said Britain Willeford did execute in writing and due form of law, his last will and testament and thusly disposed of all his Estate both real and personal and therein named and appointed your petitioner who resides in said County of Upshur State aforesaid sole executor of said Will and Testament without being required to give bond.  Petitioner further shows that he is not disqualified by law from accepting letters testamentary.  Wherefore your Petitioner files his application for letters testamentary as the law directs and prays that sure notice thereof may be given and that at the next regular term of this Hon Court this said Will may be admitted to probate and letters testamentary therefor granted to your  petitioner and will ever pray.

   C.B. Williford
   By Att. J.L. Camp Jr.

The State of Texas,

To the Sheriff or any Constable of Upshur County, Greetings.  You are hereby commanded, to cause to be posted in those of the most public places in your County, one of which shall be at the Court House door, copies of the following notice;

The State of Texas

To all persons interested in the Estate of Brittian Willeford,Decd.  Know ye that C.B. Willeford has filed in the County Court of Upshur County, an application for Probating the Will and for letters testamentary upon Estate of Brittian Willeford Decd. which will be heard on the third Monday in March 1883 at the court house thereof in the town of Gilmer, at which time all persons interested in said Estate may appear and contest said application, if they see proper.

Herein fail not, under penalty of the law, and of this wish make due return.

Issued the 24 day of Feb, 1883?
Witness N.M. Harrison clerk of said Court and the Seal thereof at office in the town of Gilmer the 24 day of Feby 1883.

 N.M. Harrison

 Clerk C.C. Upshur County.
 

Came to hand same day issued and executed in Feby 24th 1883 by posting a copy of the written notice at three public places ? one at the Court house door, one at Big Sandy and one at Calloway this Feby 24th 1883

  A Earp Sheriff of 
                             Upshur County

The State of Texas
Upshur County
Know all men by these presents that I Britain Willeford of the County of Upshur and State of Texas, Knowing the uncertainty of life and the certainty of death and being desirous while being of sound mind and memory of disposing of my entire estate both real and personal, do make and publish this last Will and testament, thereby ascending all others heretofore made by me ?

I desire after my death a plain, decent, Christian burial, and will a sufficiency of money to defray the expenses thereof ?

First:
I desire the payment of all my Just debts
Second:
I will and bequeath to my Grand child Benjamin F.A. Willeford, son of Benjamin F. Willeford deceased, fifty-dollars in money.
Third:
I will and bequeath to my Grand child Edwin R. Willeford, son of M.R. Willeford deceased, fifty-Dollars in money.
Fourth:
I will and bequeath to my children Harriet C. Grice, wife of John H. Grice, Mary J. Willeford, William L. Willeford, Thomas A. Willeford and Charles B. Willeford one half of all the personal property now owned by myself and wife, said personal property to be equally divided between said children.
Fifth:
I will and devise to my children Harriet C. Grice wife of John H. Grice, Mary J. Willeford, William L. Willeford, Thomas A. Willeford and Charles B. Willeford to be equally divided between them one hundred and Eighty one and one half acres of land in the JBB Davenport survey the same being one half of the three hundred and sixty-three acres of land owned by myself and wife on said Survey in Upshur County, also  ninety six acres of the F.K. Henderson Survey situated in the County of Wood and State aforesaid the Same being one half of one hundred and ninety two acres owned by my self and wife in said survey.  It is further my will and desire that no other action be taken by the County Court upon this my last will and testament and Estate convey herein than the return of the inventory as contemplated by the laws of this State.  And that this my last will and testament may be faithfully executed, I hereby nominate and appoint my Son Charles B. Willeford sole Executor of same without bond ?
In testimony whereof witness my hand and scroll for seal this 4th day of June A.D. 1880.

  Britain Willeford

Signed sealed and published in presence of the testator and each other as subscribing witnesses
  J.L. Camp Jr.
  J.W. Willeford

And now at the term of the Court personally appeared J.W. Willeford one of the subscribing witnesses to the last will and testament of Britain Willeford Decd. bearing date June 4th 1880 and this said J.W. Willeford being duly sworn says that the said Britain Willeford departed this life on the 22nd day of January AD 1883, in the County of Upshur and State of Texas, and that he had resided in Upshur County about 24 years and that he was present at the time the said Britain Willeford Decd. executed the will and at the time of making and executing the said Will that the said Britain Willeford was of sound mind and memory and that he saw the said Britain Willeford subscribe his name to said Will after the same had been read to him, says that as far as witness information the said Britain Willeford Decd. never made any other will after that time and that he signed the said Will in the presence of the said Britain Willeford and at his request immediately after the said Britain Willeford signed the same ?

 J.W. Willeford

Sworn to and subscribed before me this the 22nd day of March AD 1883
 N.M. Harrison
 Co. Clk Upshur Co.

I C.B Willeford do solemnly swear that the writing which has been offered for Probate is the last Will of Brittian Willeford Decd. So far as I know or believe and that I will well and truly perform all the duties of Executor of said Will, So help me God.

 C.B. Willeford
Sworn to and subscribed before me this March 22nd AD 1883.
 N.M. Harrison
 Co Clk Upshur Co

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