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- Robertson County, Texas Will, Book F #235, 385, December 1852, which was cancelled by the 30 July 1861 will, named Wiley, Charles, Joseph, and Susan Jordan as his grandchildren.
His final will was written 30 July 1861. He died 31 July 1861.
Other probate records include Book J #27
Wiley Powell was in Austin County, Texas by 1840.
[The first will] In the Name of God. Amen!
I Wiley Powell of the State of Texas and County of Robertson, beingSound in body and mind, and of a disposing memory knowing the certainty of death, and being desirous of Setting and arranging my worldly affairs, do hereby make publish and declare this to be my last Will andTestament.
Item 1st After my death it is my will and desire that my body shall be buried in the earth in a decent and appropriate manner according to the usual rites of Christian Burial.
Item 2nd It is my will and desire that after my death all my just and legal debts shall be fully paid and discharged.
Item 3rd It is my will and desire and I do hereby declare the same that after the payment of all my just and legal debts as aforesaid, I do give,deviseand bequeath all my property Real, personal, and mixed of whatsoever character in possession, or expectantly, unto Wiley Jordan, Charles Jordan, Joseph Jordan, and Susan Jordan for the good will and affection I bear towards them, whom I acknowledge as my Grand children(sic). To have and to hold all & singular my estate aforesaid as their property for their use & behoof in their own right to them and to their heirs orassigns forever.
Item 4th In order to carry into effect the provisions of this my last Will & Testament I do appoint my friend & neighbor Clark Cobb as Executor of this my will, reposing full confidence in his ability and integrity.
In witness whereof I have hereunto set my hand and scrawl.
NOTE: This will is recorded in Book F, page 235, of RobertsonCounty,Texas records. It does not have a date nor signature(including no Xmark) and does not have a probate date.
[2nd and Actual Will] Will Book J Page 27, 28
The State of Texas County of RobertsonIn the Name of God, Amen!
I Wiley Powell, of Robertson County & State of Texas, being mindful of my mortality, do make this my last Will and Testament, revoking all otherWills & Testaments of writing which I have made this July 30, A.D. 1861.
1stI desire all my just debts to be paid by my executor hereinafternamed as soon as possible.
2nd It is my desire to give, and I hereby do give and bequeath to Elmina Franklin, wife of G. W. Franklin, a certain mulatto woman Caroline, about thirty eight years old, for the use and benefit during her natural life,& then the said Caroline, together with her future increase, is to beequally divided among the heirs of her body; I also give & bequeath to the said Elmina Franklin as above, a certain negro woman now in her possession by the name of Ann, about thirty five yearsof age, together with her future increase for her use and benefit; and at her death to be equally divided among the heirs of her body.
3rd. I also give and bequeath to the said Elmina Franklin, twenty four hundred dollars, to be paid as follows from the proceeds of the farm or otherwise as my executor may conclude best, in three annual installmentswithout interest: Eight hundred dollars on the first dayof April Eighteen hundred and Sixty two; Eight hundred dollars on the first day of April Eighteen hundred and Sixty three; & Eight hundred dollars on the first day of April Eighteen hundred and Sixty four,without interest until maturity.
4th.I give and bequeath unto Wiley P. Jordan, a certain negro boy Joe, the child of the negro woman Ann, about five or six years of age, if the (sic) Wiley should die without issue, the boy is to be divided among his sister & brothers.
5th.I give to G. W. Franklin the Two yellow girls, Martha about eight years old, & Nancy about six years old, children of the woman Caroline, above bequeathed to Elmina Franklin, wife of the said G. W. Franklin, & I also give to the said Elmina Franklin, the child of the woman Caroline, named Adaline, about two or three years of age, with the same conditions as has been observed in the other bequeathments.
6th.I also desire that the yellow man Dick, about Twenty years of age,shall be set free, but as the laws of the State of Texas are in opposition to this desire, I hereby nominate and appoint my exr. hereinafter named to act as mister or master to said boy and to exercise the right of ownership over said boy; to take charge & manage the said boy, Dick, & he is fully invested with all the rights of ownership. I request that the said boy be permitted to remain with the plantation if my exr. thinks proper to do so, & pay him a reasonable amount for his services, but it is understood that the said exr. is to manage said boy & exercise all the rights of ownership over him.
7th.The Twenty four hundred dollars given to Elmina Franklin in theThird Clause of this my last Will and Testament is to be given as specified in said clause: & I hereby request my executor as these moneys may fall due & ready to be paid, to invest the several amounts in some good increasing stock for the benefit of the said Elmina Franklin & her lawful heirs.
8thThe balance of my Entire estate both real and personal, I desire shall be divided between my wife, Mary, & my son, Thomas, in the following manner; I give and bequeath to my wife one fourth of the Entire Estate after the above legacies have been taken out & paid. If my wife desires her part is is (sic) to [be] given her, at any time(sic). The balance I give to my son, Thomas Powell; I desire my exr.to keep the property together until my child, Thomas, becomes of age. If my wife should marry or take her part, one fourth of above, sooner, then the balance to be done with as may appear best to my executor, or that part which may fall to my said son, he will as he may think [best]to the interest of my said child.
9th.I now nominate and appoint Benjamin F. Hammond, my Executor of this my last Will & Testament, hereby revoking all other wills that I have made. I also request that B. F. Hammond shall act as Guardian for my son, Thomas.
Signed in the presence of his Witness - He making his markWiley X Powell mark July 30, 1861 W. E. Parks R. E. Giddens
The State of Texas County of Robertson Probate Court, August Term 1861
In the case of Probating the Will of Wiley Powell, decd. Personally appeared Robert C. Giddens, whose name appears as a subscribing witness to the Will and testament of Wiley Powell, decd. And being duly sworn says that he was personally present and saw the said decedent, Wiley Powell, sign his name to the said Will and testament, and heard him acknowledge the same to be his act, and affiant further states that he was a subscribing witness, and also W.E. Parks, whose name appears as a subscribing Witness to said Will & testament acknowledgedthat he had signed the same as a subscribing witness as aforesaid, in thepresence of the said testator, and at his request.
Subscribed and sworn to before me, this 26th day of August 1861 - R.C.Giddens
J. A. Turner, CCRC [County Clerk Robertson County]
[Notes on taking care of Wiley Powell estate] Robertson County Probate Records Book J, page 25
In Vacation, August 5, A. D. 1861
In the Succession of Wiley Powell Dec'd
The State of Texas Robertson County
To the Hon. Chief Justice of Said County
Your petitioner, B. F. Hammond, a citizen of Robertson County,would respectfully represent that on the 31st day of July A. D. 1861,Wiley Powell, also a citizen of said county, died leaving a will.
Petitioner shows that he intends to probate said will at the next Term of Your Honors Court, but in the meantime, petitioner shows that there is much property which needs immediate attention - Wherefore petitioner asks that he may be appointed administrator Pro Tem And petitioner will ever pray etc. Brehill & Hamman for B. F. Hammon (sic)
The State of Texas Robertson County
Know all men by these presents that we, B. F. Hammond as principal and Garlington C. Dial and J. C. C. Brehill as security are held and firmly bound unto the Chief Justice of the County of Robertson in the sum of Forty thousand dollars, for the payment of which will and truly to bemade, unto the said Chief Justice, we bind ourselves, our heirs, executors, administrators, jointly and severally (sic) firmly by these presents - signed with our hands and sealed with our seals, the seals being ___?, this 5 day of August A. D. 1861.
The condition of the above obligation is such that Whereas the above bound B. F. Hammond has been appointed Administrator Pro Tem, of the estate of Wiley Powell, dec'd;
Now if the said B. F. Hammond Shall Will 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.
B. F. Hammond (Seal) Garlington C. Dial (Seal) J. C. C. Brehill (Seal)
Approved this day (note: no day is shown) of August 1861 T. L. Winkler, C. J. R. C. Filed Aug 5 A. D. 1861 J. A. Turner, CLK: C. C. R. C.
Book J, page 26
It is ordered that B. F. Hammond be appointed administrator Pro Tem of the Estate of Wiley Powell, dec'd with power and authority to collect the property of said decedent, to manage and control the same until the first day of the August Term of the Probate Court, of Robertson County, next enusing - and this order is hereby required to be recorded in the Minutes of the Court, and the Clerk to issue a Certificate thereof, and of his appointment as Administrator Pro Tem to B. F. Hammond.
August 5, 1861 T. L. Winkler, C. J. R. C.
Filed Aug 5, A. D. 1861 J. A. Turner, Clk: C.C.R.C.
Be it remembered that there was begun and held, within and for the County of Robertson, at the court house thereof, in the Town of Owensville, on Monday the 26th day of August A. D. 1861, a term of the County Court for Probate business:
Present: The Hon. Thomas L. Winkler, Chief Justice of Robertson County. John A. Turner, Clerk and John A. Maris, Sheriff of said County.By order of the sheriff, opened court as the law directs.
In the Succession of Wiley Powell, dec'd; B. F. Hammond, having filed his petition to be appointed executor of the Estate of Wiley Powell, dec'd, and it appearing to the satisfaction of the Court, that due Notice has been given: It is ordered that the petition of the applicant and Will of the decedent, with the probate thereof, be recorded as Follows, Viz:
To the Chief Justice of R. County, State of Texas. Your Petitioner, B F. Hammond, would respectfully show to Your Honor that Wiley Powell, a citizen of the County and State aforesaid, died on the 31st day of July last, leaving your petitioner as executor of his last will. Your petitioner offers said papers wishing for probate atthe next Term of our Court and your petitioner as the duty, etc. B. F. Hammond August 5, 1861
[Bond info for Wiley Powell's estate] Book J, Page 29, Robertson County, Texas Probate Records August Term AD 1861
Wherefore it is ordered by the court that B. F. Hammond be and he is hereby appointed executor of the Estate of Wiley Powell, dec'd.Upon his entering into bond, with good and sufficient security, in the sum of Fifty Thousand dollars, conditioned as the law directs: and thereupon the said B. F. Hammond, rendered his bond which was examined by the Court and Approved, and ordered to record - as follows Viz: - Know all men by these presents that we B. F. Hammond, as principal and(blank space) as security are held and firmly bound unto the Chief Justice of The County of Robertson, in the sum of Fifty Thousand dollars for the payment of which will and truly to be made unto the said Chief Justice, we bind ourselves, our heirs, our executors, and administrators, jointly and severally firmly by these presents: Signed with our hands and seals, (scrolls for seals) this 26th day of AugustA. D. 1861.
The condition of this obligation is such that whereas the above bound B.F. Hammond has been appointed executor of the last will and testament of Wiley Powell, dec'd, with the will annexed - now if thesaid B. F.Hammond, shall, will and truly perform all the duties required of him under said appointment, then this obligation to bevoid, otherwise to remain in full force & effect.
Approved this 29th day of B. F. Hammond (scroll) August 1861Jesse Williams (scroll) T. L. Winkler C.J.R.C.Garlington L. Dial (scroll) (Chief Justice Robertson County)
The State of Texas, County of Robertson I do solemnly swear that the writing which has been offered forprobateis the last will and testament of Wiley Powell, so far as I know or believe: and that I will, will truly perform all the duties of executor of the Estate of the said Wiley Powell, dec'd.
Subscribed and Sworn to before me B. F. Hammond this 26th day of August 1861 T. L. Winkler C.J.R.C. (Chief Justice Robertson County)
It is ordered by the court that C. P. Salter, S. D. Dronan, and JamesTalbot, be and they are hereby appointed appraisers of the estate of Wiley Powell, dec'd. It is further ordered that Letters issue to the said B. F. Hammond exec. As aforesaid, as follows, to wit: The State of Texas County of Robertson To B. F. Hammond, Esquire, Greetings: The County Court of Robertson County, reposing special confidence in your skill and fidelity, Have this day appointed you executor of the last Will and Testament of Wiley Powell, dec'd and under the said will of all the goods and chattels, lands, and tenements therein bequeathed or devised;and for that purpose order these letters to issue; by virtue of which you are authorized to enter forthwith upon the discharge of your duties as executor, and amongst other duties prescribed by law.
- (Research):RSRCH._NOTE: Need to look at the Will of John Powell of Surry County,North Carolina. Will written 8 May 1816 and named the following: Wife Nancy (Reavis), Daughter Susanna Bills, Sarah Smith, Allison Powell, Wiley Powell, Ransom Powell.
A James Powell owned 5 acres of land in Robertson County, Texas in 1840.
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Abt 1798 - 1861 (63 years)
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