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.
Jno. R. Kennard
Mary W. Whitsite