Location: Red River County, Texas
FROM: Red River County, Texas, Will Book B, pp. 89-90.
Nuncupative Will of Nelson Doak.
Memorandum: That on the [blank] day of April A.D. 1866. Nelson Doak of Red River County and State of Texas, being sick of the sickness whereof he died on the [blank] day of April, thereof 1866, at his residence in the County and State aforesaid, did make and declare his last Will and Testament, Nuncupative, in these or the like words following, in substance the same, that is to say:
Item 1st: I will that my just debts and Funeral Expenses be paid.
Item 2d: I give my Son John N. Doak to have to the exclusion of all others, and undivided, Six hundred and Fifty acres of Land, headright of Jane Doak, situated in Hunt County.
Item 3d: I will that my wife Mary Ann Doak have possession of the homestead during her life.
Item 4th: I will that the balance of my property be divided equally among my three children, John N. Doak, Rufus A. Doak, and Nelson Doak, Jr.
Item 5th: I will that my oldest son, John N. Doak, in whom I have full confidence as the Executor of this my will and tetament; that he have this Will probated, return an Inventory of my estate, and that he shall not be required to give Bond, and that the Court pertaining to estates of Deceased Persons have no further control over my estate; that my Executor have entire Management and Control of my property and I confer [?] it on him as a duty to pay special attention to the educatin of my two younger children, Rufus A. and Nelson Doak.
Item 6th: All former Wills are revoked.
And as aforesaid these words, or to the like effect, the Said Nelson Doak, Deceased, in the presence of the subscribers, after having called us for that purpose with instructions that the same should be his last Will and Testament whereof he desided us t bear witness.
[signed] Sam'l. G. Hays A. S. Baker Dicy Smith.
State of Texas County of Red River
This day personally appeared Sam'l G. Hays, A. S. Baker and Dicy Smith, who being duly sworn say that the Statements made above and within are true.
Witness my hand and the witness of my Seal of Office May 28th 1866.
[signed] John N. Bagby, Clerk Co. Court, Red River County.
And on the same day came and personally appeared Dicy Smith and after being by me duly sworn says that the above and foregoing Statements contain the Will and testament of Nelson Doak, deceased, except insomuch as it recires that John N. Doak was to be appointed Executor of said Will, which provision, she says, was not made in her presence.
Oath of Executor.
The State of Texas. County of Red River.
I, John N. Doak. do solemnly swear that the within is th Nuncupative Will of Nelson Doak, deceased, so far as I Know and believe, and that I will well and truly discharge all the duties incumbent on me as such Executor.
[signed] John N. Doak.
Sworn to and subscribed before me this 28th day of May 1866.
[signed] John N. Bagby Clerk Co. Court, Red River County.
Filed April 24th 1866.
[signed] J. A. Bagby, Clerk.
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