Will and Probate of
William I Allbright and
Sarah Denton Bird Allbright
Regular May Term A.D. 1887
The State of Texas
County of Burleson. Be it remembered that, on this the 2nd day
of May 1887, there was begun and held a regular
term of the county court of Burleson County, at the County Seat there
of, for the transcription of Criminal, Civil & Probate business, with
the following named officers present.
Hon. John Alexander Co. Judge presiding
Sam G. Wilson Sheriff and
W._. Hesup Co. Clerk
When it was ordered that the Probate Docket be take up on the day of the term.
Where to following ordered in probate matter were had to wit;
Estate of
W.I. Allbright and May 5th
1887
Sarah Allbright deceased
This day causes to be heard the application of Thomas J. Bird and
Jacob B. Allbright for the probate of a certain writing purporting to be
the last will and testament of W.I. Allbright and Sarah Allbright deceased
and to be appointed executors of the Estate of said W.I. Allbright and
said Sarah Allbright under said will & Testament And it appearing
to the court that due and legal otices of said application has been given
and said writing with a codicil to the same being produced in open Court
and being proved in open Court by the affidavit of J.P. Langley one of
the subscribing witnesses there to the last will and testament of the said
W.I. Allbright and of the said Sarah Allbright, and it further affirming
to the court that W.I. Allbright died in Burleson County on the
day of January 1887, and the said Sarah Allbright died in Burleson Co.
on the
day of December 1873, leaving this writing with codicil there to attached
now produced in open court as their last will and testament that at the
time of executing said Will & Testament said W.I. Allbirght, and the
said Sarah Allbright being of sound mind and that said will was executed
by them in the presence of J.P. Langley, Jefferson Denton and D. G. Wood
as the subscribing witensses there to, but that said codicil to said will
was executed by the said W.I. Allbright deceased and the said Sarah Allbright
deceased and that it stand for Record Accordingly. And it appearing
that Thomas J. Bird and Jacob B. Allbright are named as Executors in said
will it is ordered that the said Thomas J. Bird and said Jacob B. Allbright
and Sarah Allbright deceased and that in accordance with the directions
contained in said will and said Executors be not required to give bond
as such. It is further ordered that G.P. Hill, I.M. Daniels and Add
Harris Jr. and they are hereby appointed appraisers to appraise the property
of said Estate.
The State of Texas
County Court of
County of Burleson
Burleson Co. May Term 1887
to the here County Court of said County your petitioners T.J. Bird and Jocob Allbirht show to the court that the former resides in the county of Burleson and the latter in the County of Hamilton. That here tofore to wit; on the 6th day of Ocotber 1873, W.I. Allbright and his wife Sarah Allbright jointly made & Executed their last will devising & bequeathing all their property both real and personal; that on the day of Dec. 1873 the said Sarah Allbright being then a resident of Burleson County Texas and in said County lived and prospered in her own separate right of property real & Personal of the value of about $3,000.00. That on the 13th day of August 1874 in the district Court of Burleson County and the petition of T.J. Bird, and of the Executors named in same said Will was duly probated as to the said Sarah Allbright and on order made & entered by said court probation said Will and ordering the same to be recorded as the Last Will & Testament of said Sarah Allbright deceased and also ordering that all the property devised and bequeathed by said will remains in the hands of W.I. Allbright for his use and enjoyment of the rents and profits there of in accordance with the provision of said joint will. Said Order of Court so made being recorded on page 390 probate records of Burleson County, reference being made thereto; that afterwards to wit on the day of January 1887 W.I. Allbright then a resident of Burleson County Texas died in said Burleson County in possession of a large portion of said property devised & bequeathed a aforesaid by him Y his said wife Sarah jointly. Said porperty consists of land, cattle, horses, household & kitchen furniture, farmingutensils, wagons, buggies, host & other property, a more definite discription, and numbers & quality being unknown to petitioners & all being the separate property of said Sarah Allbright and all to the value of about $1,100.00 and al situated in Burleson County, Texas; that your petitions were nominated and appointed Executors of said will so jointly executed as aforesaid by said W.I. Allbright & his wife Sarah; that at the time of the said probate of said will for said Sarah Allbright deceased no executors was appointed by the court, as accordant to the provision of said joint will and the order of the court probating same. All the property thre in devised & bequeathed should remain in the possession of said W.I. Allbrifht so long as he might live for his use & enjoyment of reants & profits of same. Wherefore your Petitioners pray that citation issue to all parties interested in said Estate as required by law. That said will be admitted to probate. That your petitioners be appointed Executors of said Last Will & Testament of said W.I. & Sarah Allbright; that letters testamentary issue and that such other and further orders be made into the court may seem proper and right.
Sam Ge. Rayodole
For Petitioners
Notice
The State of Texas, To the Sheriff or any constable of Burleson County.
Greeting: You are hereby commanded to cause to be posted for ten
days, exclusive of the day of posting, in there of the most public places
in your county, one of which shall be the court house door, and no two
in the same city or town, copies of the following notice. The State
of TExas. To all persons interested in teh estate of W.I. & Sarah
Allbright deceased. T.J. Bird & J. B. Allbright has filed in
the county Court of Burleson County a application for the probate of the
last Will & Testament of W.I. & Sarah Allbright & for Letters
Testamentary, which will be heard at the next regular term of the county
court of Burleson county commencing on the 1st Monday in May next, at the
court house thereof, in the town of Caldwell, at which time all persons
interested in said estate may appear and contest said application if they
see proper.
Here in fail not, under penalty of the
law, and of this writ make due return. Issued 4th day of April 1887.
Attest W.N. Hislip clerk of said court, and
the seal these of, at office in the town of Caldwell the 4th day of April
1887.
Attest W.N. Bishop clerk of said court, and
teh seal therof at office in the town of Caldwell the 4th day of April
1887.
W.N. Hislep Clerk c.c. Burleson County
Officers Return
Came to hand 4th day of April 1887 by posting copies of the within notice in three public places of said county one of which was at the court house door, one at Lyons Station and one at Knitths Store. W. L. Chiles Coust.
Last Will & Testament
State of Texas
Burleson County
We William I. Allbright and Sarah his wife of the State of Texas and County
of Burleson being weak in body, but os sound and aspiring mind and memory
do jointly make and ordain this our Last Will and Testament, which shall
not be revoked or amended by the survivor after the death of either of
the Testators. It's also our will and desire the surviving Testers shall
remain in possession of the whole estate and use the profits and rents,
thereof for his support and maintenance but not to use loosely, waist or
dispose of any of the property by sale or otherwise unless necessary for
his support as above manintained. It's further our will and desire that
after the death of the survivor, our executor here in after named shall
settle all just debts and distribute the inheritances hereby given to each
heir respectively in the manner following- to-wit.
First we will, bequeath & divise to Sabra Dexter, child of our
deceased daughter Nancy Jane Haily by a former husband, to her and her
heirs forever, the share to which her mother would have been entitled had
she survived our death.
viz. One ninth of the value or by division of four hundred and eighty
two acres of land (the land on which we live) and one ninth of the value
or by division of all our stock including hogs, sheep, horses and cattlae.
Which makes her mothers full share were she alive.
Secondly, we will bequeath and devise to each of our sons respectfully,
William P. Bird, Thomas J. Bird, Benjamin R. Allbright, Jacob B. Allbright
and our daughters Hannah Young and Sarah E. Hill to each one of said heirs
respectfully and their heirs forever one ninth of the value or by division
of all our stock, including hogs, sheep, horses and cattle which makes
to each heir aforesaid his and her full shares.
Signed in the presence of
W.I. Allbright
J.P. Langley
Sarah Allbright
J.M. Haddox
(her X mark)
The State of Texas
County Court May Term 1887
County of Burleson
In Estate of W.I. Allbright and Sarah Allbright
deceased. On this the 5th day of May A.D. 1887
personally appeared in open court J.P. Langley who being duly sworn
appears and says that on the 3rd day of October 1873 he was present and
saw W.I. Allbright and Sarah Allbright sign the instrument filed in this
court on the 13th day of August 1874 and purporting to be the last will
of them the said W.I. Allbright and Sarah Allbright and heard then the
said W.I. Allbright and Sarah Allbright each publish and declare the same
to be their Last Will and Testament. That the affiant and Jefferson Denton
and D.G. Wood whose signatures appears on said instrument as witness on
said 3rd Day of October 1873 then each being creditable witness over the
age of fourteen years subscribed their names as witness to the same in
the presence of and at the request of the said W.I. Allbright and the said
Sarah Allbright, all in the presence of each other. That afterwards to
wit on the 6th day of October 1873. Affiant ___________further says that
he was present and saw the said W.I. Allbright and the said Sarah Allbright
signed a codicil to said will now shows him bearing _________ on the said
6th day of October 1873 which they the said W.I. Allbright and the said
Sarah Allbright togeather with the afore said will dated October 3rd 1873
that this affiant them the said W.I. Allbright for himself and the said
Sarah Allbright for herself publish and declare said will with said codicil
to be their Last Will and Testament. That at the time of signing and publishing
said will and said codicil the said W.I. Allbright and the said Sarah Allbright
wre over the age of twenty-one and of sound mind and otherwise capable
of making a will. That this affiant and J.M. Haddox and D.G. Wood whose
names appear on said codicil as witness on said 6th day of October 1873
then being creditable witnesses were each over the age of fourteen. Subscribe
their names to said codicil as witness in the presence of the W.I. Allbright
and the said Sarah Allbright and at the request of the said W.I. Allbright
being then a citizen of Burleson Co. Texas died in the County of her domicile
without revoking said will and said codicil so far as is known to affiant.
That the said W.I. Allbright on or about the____ day of January 1887 then
being a resident of Burleson County Texas died in said County of Burleson
without revoking said will and said codicil so far as is known to affiant.
J.P. Langley
Sworn to and subscribed before me in open court this 5th day of May A.D. 1887.
John Alexander
Co. Judge Burleson Co.
Estate of
May 13, 1887
W.I. & Sarah Allbright
This came unto be examined the inventory of the property belonging to the estate of W.I. and Sarah Allbright and it appearing to the court that the same is in all things correct it is ordered that the same be and is hereby approved.
Inventory and appraisement of the estate of W.I. Allbright and Sarah Allbright deceased produced before the undersigned appraisers on the 9th day of May 1887 by Jacob B. Allbright and T.J. Bird executors of said estate.
43 Head of stock cattle
$ 310.00
40 head of hogs
100.00
3 work horses
120.00
2 unborken horses
60.00
1000 bundles of oats
25.00
one wagon
50.00
one old buggy
15.00
75 Bushels of corn
56.25
32 Bee hives
64.00
Farming implements
4.00
Bedding found in house of J.B. Allbright
38.75
140 acres of land a part of the Jno Bird land
834.00
Burleson Co. this being old homestead
1400.00
Cash from Coldren in house of J. B. Allbright
5.35
$2239.35
With undersigned appraisers to county inventoried the foregoing as a full & fair appraisement of the estate of W.I. Allbright and Sarah Allbright deceased before us by T.J. Bird & J. B. Allbright.
Sworn to be subscribed
J.M. Daniels
before me this
J.A. Harris
9th day 1887
G.P. Hill
Chas S. Williams Notary Public B. 6
approved May 18, 1887 Jno. Alexander Co. Judge
Burleson Co.
Last Update Monday, 07-May-2018 17:56:18 CDT
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County Coordinator:
Gayle Triller
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