Will of Martin Guest, 1851

Date: 5 May 1851 [unknown]
Location: Red River County, Texas

The State of Texas
Red River County

I, Martin Guest, of the County and State aforesaid, calling to mind the disposition of the body and in pain of body but of sound mind and of disposing memory, do make ordain and appoint this my last will and testament in manner and form following (to wit).

First - It is my will that all my just debts be paid out of the money on hand after my funeral expenses are discharged if there be a sufficiency, if not so much of my perishable property to be sold as will satisfy all just demands.

Second - It is my will and desire that my land negroes and all other property to be kept together in form and manner as heretofore, that my children remain together on the same, that the proceeds be applied as heretofore to the raising clothing as far as practicable educating my younger children until seven years of age the present time, afer which period it is my will that my land negroes and my property perishable and personal be divided among my then living heirs, to be done in manner and following, To Wit, My Executors hereafer named shall apply to the Judge of the County Court who is hereby requested to appoint five judicious disinterested men to make said division and distribution and to assign to each of my then living heirs their portion of the Same ____ if they cannot in the judgment of said commissioners be a just and Equitable division made so far as my land and perishable property be concerned then and in that case it is my will all of my property of all kinds (Slaves Excepted) be sold on a credit of Twelve Months with ____ and approved Security and the proceeds arising theerefrom to be Equally divided among my then living heirs but in no case any disposition to be made of my Slaves only an Equal division among my then living heirs as heretofore Excepted [?].

Third - It is my will that my sons John C. Guest and Ephraim A. Guest, being children of different women, after having received any Estate of their mothers, shall be made equal heirs with my other children, George W. Guest, Martin V. Guest, Benjamin F. Guest, James N. Guest, Tolbert F. Guest, Nancy Susan Guest.

Fourth - I hereby nominate constitute and appoint Ephraim D. Moore who has had he raising "so far" of my son Ephraim A. Guest and into whose hands care and keeping I hereby deliver said son Ephraim A. Guest, Executor of this my last will and testament so far as respects my said son Ephraim A. Guest and hereby appoint him the said Ephraim D. Moore The sole Guardian of the [sic] Eprhaim A. Guest.

Fifth - I hereby nominate constitute and appoint my two sons, John C. Guest and Martin V. Guest, Executors of this my last will and testament, Excepting of the fourth item.

In testimony whereof I have hereunto set my hand and seal this fifth day of May in the Year of our Lord one thousand eight hundred and fifty one.

[signed] Martin Guest

Wits:
James Parks
John C. Bailey

On which will is the following endorsement
Filed June 10th A.D. 1851
George F. Lawton, clk.

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The State of Texas
County of Red River

In County Court for the Settlement of Estates of decedents & wards

To June Term A.D. 1851

This day the last will and testament of Martin Guest deceased was, agreeable to notice previously given, admitted to probate upon the Evidence of James Parks and John C. Bailey, the two subscribing witnesses to said will, and the said James Parks after bing duly sworn the truth to speak upon his corporal oath, Sayeth that the said will ___ then produced and dated the fifth day of May A.D. one thousand eight hundred and fifty one (1851) is the same to which he signed his name as a witness, that he signed the same as a witness at the request of the testator, that the said Martin Guest signed the same in his presence and in the presence of the other subscribing witness, John C. Bailey, and acknowledged the same to be his last will and testament and that said testator was of sound mind and disposing memory at the time he signed the same.

[signed] James Parks

Sworn to and subscribed before me in open Court this 30th June A.D. 1851.
[signed] George F. Lawton, Clark
County Court of Red River County.