I

The Will of Edwin Nelms

IN THE NAME OF GOD, AMEN.

 

I, Edwin Nelms of the County of Grimes and State of Texas, being of lawful age and of sound mind but ever mindful of the certainty of death, do therefore make, ordain, publish and declare this to be my last Will and Testament that is to say after I have departed this life, I desire and direct.

First that all my just debts be paid,

Secondly, Whereas, I have heretofore given to my beloved daughter, Edwina Moss Reagan, wife of John H. Reagan the following property to wit:

The negro woman Ann and her three children (boys) Beverly, Isaac and Hiram and to my grand son John Edwin Reagan, the negro girl Mariah and to my grand daughter Edwina Reagan the negro girl, Texas, and to my Grand daughter Bettie May Reagan the negro girl Emiline said grand son and daughters being children of said Edwina M. Reagan in whose possession and that of her husband the said negroes are at this time.

Therefore by this my last Will and Testament to my daughter Elizabeth Downing Nelms, I give and bequeath the negro woman Amanda and her three youngest children boys, Gray, Turner and Moses and all her future natural increase (if any) To my beloved son Everard Presley Nelms, I give and bequeath my negro boy Dennis.

To my beloved daughter Catherine Ann Nelms, I give and bequeath the negro woman Mima and the negro girl Esther and their natural increase and also the negro boys, Daniel and Hiram.

To my beloved daughter, Mary Diana Nelms, I give and bequeath the negro woman Fanny and her three boy children, Raleigh, Abe, and Beverly and all her future natural increase.

Thirdly, the balance and residue of my Estate whether the same be real, personal or mixed, I give, devise and bequeath to my beloved wife, Dianah Moss Nelms for and during the term of her natural life with this provision that the farm whereon I now reside and known as Edgewood, containing nine hundred and Fifty Six and two thirds acres shall be given to and pass in fee to my said son, Everard P. Nelms at the death of my said wife, or whenever she shall think fit to relin­quish the same to him, together with all the rights and appurtenances thereunto belonging upon the death of my said wife or in her life time should she desire it my tracts of four hundred acres of land adjoining the above named farm on the North of spring branch and running into Rocky Creek bottom and of Three hundred and twenty five acres of land lying on the present Huntsville road.

I desire and direct to be sold and the net proceeds of the sales thereof be divided equally between my four daughters to wit: Edwina M. Reagan, Elizabeth D., Catherine A. and Mary D. Nelms and I charge the Estate left and hereby bequeathed and devised to my said wife Diana Moss Nelms with a legacy of one thousand dollars which I hereby will and bequeath to my said daughter, Edwina Moss Reagan to be paid whenever my said wife shall see fit to do so from sales of crops or otherwise as she may deem practicable upon the death of my said wife, Dianah M. Nelms I hereby direct that all the remainder of my Estate not herein before mentioned and disposed of after the payment of all just debts against the same be equally divided share and share alike between my other children to wit-Elizabeth D. Everard P. Catherine P. and Mary D. Nelms and it is hereby declared to be the intention of this will and Testament to affect and include within the provisions hereof as well my separate Estate as also all of the Community Estate of myself and my said wife,

Lastly, Reposing full faith and confidence in my beloved wife, Dianah Moss Nelms, I appoint her the said Dianah M. Nelms the sole Executrix of this my last Will and Testament and I hereby pro­vide and direct that the County (Probate) Court have no control in any manner, shape or form over my Estate or have or take any action in the settlement of the same Except the Probate and Registration of this my last Will and Testament, and the returning of an Inventory of my said Estate to be taken and returned and having entire con­fidence in the good judgment and management of my said Executrix it is my desire and I so direct that no Bond or obligation be Exacted of her by the County (or any other Court), for the performance of her trust as such Executrix.

Witness my hand and seal using a scroll for seal on this tenth day of May, A.D., Eighteen hundred and sixty (1860). The words “said negroes” above 12th line from bottom first page interlined and the word “Judgement” in third line from top of third page Erased before signed.

Signed, sealed, published and declared E. Nelms (L.S.) in the presence of

Jno. R. Kennard

Mary W. Whitsite