Transcribed Will of Beston Callahan

Date: 1861 to 1862
Location: Arkansas, United States
Surname/tag: Callahan

Will of Beston Callahan (abt.1795-1862)

Source

Arkansas, U.S., Wills and Probate Records, 1818-1998
Item Description: Will Records, Vol A-C, 1837-1908 [1]

8 Nov 1861 Benton, Arkansas, USA. Signed by Beston Callahan
18 Sep 1862 Benton, Arkansas, USA. Updated by Beston Callahan

Transcribed Text

I, Beston Callahan of the county of Benton and state of Arkansas do make and constitute this as my last will and testament as follows to wit.

1st I will and bequeath unto my Daughter Josephine Callahan and my son Oliver Callahan all my real and personal Estate of which I may be possessed at my death, with the exceptions herein after made

I will and bequeath unto my son Benjamin S. Callahan a note of hand which he executed to me for two hundred dollars on the 6th day of February 1854 together with all the interest that has or may hereafter accrue on the same.

I have paid out for my son Benjamin S for his Education advancements money and payment of debts more than I now have left for both my other two children. I therefor leave him nothing more. If either of my children Josephine or Oliver should die while in infancy I wish their part of my Estate to go to the surviving one.

I wish my personal property to be sold at public sale on a credit of twelve months and my real estate to be sold at private sale by my Executor herein after named if it cannot be immediately sold to good advantage I wish it be leased out until it can be so sold

I do not wish my books to be sold but to be carefully laid away for the use of my children. Neither do I wish my two old negroes Garison and Charity to be sold but to be taken care of and supported out of what means I leave.

I wish the proceeds of my property to go into the hands of the Guardian herein after to be appointed for the use and benefit of my children as they made need it for their support and Education

I do not wish for any of the means that I have left for the use and benefit of my two children Josephine and Oliver to go into the hands or possession of their mother, for I have no confidence that it would be honestly and faithfully applied to their use and benefit if she gets possession of it. Although my wife Jane has utterly refused to live with me I have [illeg] my personal property with her, which she still holds and can have as her own absolutely, on condition that she claims nothing more in my estate in the shape of dower or otherwise.

Lastly I do hereby appoint my friend George Callahan as my Executor to carry out the provisions of this will, and I do also appoint him as the Guardian of both of my children Josephine and Oliver both of their property and persons

I do hereby revoke all other wills and parts of wills heretofore made

Beston Callahan, November 8th 1861

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In consequence of the removal of George Callahan from the state I do hereby appoint William M Cooper executor of my last will instead of said George Callahan and William A Lampkin as Guardian of my children Josephine and Oliver, and also to take charge of my old negroes and I further declare this to be a codicil to the foregoing will.

September 18 1862

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Transcription by Marie Edwards Nelson