WILL OF MARTIN FULBRIGHT, SON OF DAVID FULBRIGHT
The State of
Texas }
County of Red River } Be it remembered that I Martin Fulbright of the above
State and County do make ordain & constitute this my last will and testament
--
1st - I desire my body to be buried in a plain Christian manner and I
asign my soul into the hands of my creator hoping through the Redeemer and
Saviour for life eternal in heaven.
2nd - As to the earthly goods & chattels which it has pleased
Almighty God to bless me, it is my will and desire that the following
disposition be made thereof viz I wish and desire the Probate Court to have no
possible jurisdiction on any of my Effects only so far as to record and make
legal this my will and desire --
3d - I hold a bond on J. J. Ward for two thousand three hundred acres of
Land embracing my homestead. I wish a deed to be made as early as practicable in
accordance with said bond and the Patent.
4th - I have exchanged five hundred acres of said tract above named with
my father David Fulbright. I desire the said five hundred acres as per contract
to be run off the South East corner of my timber land and a title to be made to
him accordingly and the five hundred acres of prairie on the Southern boundary
of my further survey to be run off in a square as per contract and this title to
be made by my father to my heirs--
Also I have sold to R. A. Turner three hundred and forty two acres of land
off the same tract surveyed for R. Turner by Mr. A. Ore the County Surveyor for
a part of which I have my bond for title. I will a deed to be made conveying to
said Turner the above three hundred and forty two acres so soon as my Executors
and Guardians can obtain the aforesaid deed from J. J. Ward.
5th - I own conjointly with my father David Fulbright six hundred and
forty acres of land in Titus County near Mount Pleasant the head right of A.
Ripley. I wish the same to be sold by the Executors hereinafter named as soon as
it can be done and the proceeds to be applied one half (as one half of said
tract belongs to my father] to be paid to my father and the other half as
hereinafter directed.
6th -- I wish my cattle hogs and sheep to be kept together on my farm and
the proceeds of the same used as hereinafter directed.
7th -- I own thirteen mules which cost me thirty two dollars each. I wish
said mules sold and the amount of my indebtedness for them paid out of the
proceeds thereof and the balance of the proceeds appropriated as hereinafter
directed.
8th -- I own twenty six mules which cost me twenty two dollars each. I
wish them sold when old Enough and my indebtedness for them paid, the balance of
the proceeds appropriated as hereinafter directed.
9th -- I own ten mules for which I owe nothing. I wish them sold when of
sufficient age and the proceeds applied as hereinafter directed --
10th -- I have a few brood mares. I wish them kept on the farm for the
use of the family.
11th I have a mule in the Choctaw Nation and one sold at Pine Bluffs. I
wish the proceeds of them to go to pay for themselves.
12th -- I wish my friend Simpson H. Morgan to act for my Executors and
sell the land in Titus or have the advisary arrangement thereof as attorney
etc.
13th -- I wish the family of negroes now held by me to be kept with my
family for their use as my wife will need them.
14th -- I wish my beloved wife Mary F. Fulbright to keep my children and
Effects together so as to superintend the education of my children.
15th -- I desire and request and approve my father David Fulbright and my
brother Peter Fulbright to act as Guardians of my children and to assist my wife
in all matters pertaining to the fulfilment of this my will and
testament.
16th -- I wish a negro man to be purchased out of the proceeds of the
foregoing property -- and the debts due me and the balance of money arising from
any sale or sales to be made to be appropriated to the education of my children
-- which education I wish to be kept in view in all matters pertaining to the
management of my effects and estate.
In witness I have hereunto set my name the 15th day of April 1853.
Test G. H.
Wootten Martin Fulbright {seal}
J. W. P. McKinzie
The State of
Texas } The County Court pertaining to Estates
County of Red
River } May Term A. D. 1853
Friday June 3d 1853
This day personally appred in open Court Gilbert H. Wootten, one of the
subscribing witnesses to the last will and testament of Martin Fulbright
deceased, and before me and in my presence well and subscribes the following
oath -- I Gilbert H. Wootten do solemnly swear that the instrument of writing
now produced and dated the 15th day of April A. D. 1853, is the same to which I
signed my name as a witness; that I signed the same as a witness at the request
of the Testator Martin Fulbright and in his presence; and in the presence of J.
W. P. McKenzie the other subscribing witness and that each of us signed the said
will in the presence and at the request of the said testator, and in the
presence of each other; and that said Fulbright was of sound mind and disposing
memory at the time and that he signed the said instrument of writing in our
presence and dictated the same to be his last will and testament.
Subscribed and sworn to in Open
Court the 3d day of June
A.D.
1853 } Gilbert H. Wootten
George
R.
Lawton }
Clerk }
Upon which is the following Endorsement to Wit, --
Filed for probate May 9th A. D.
1853 George R. Lawton, Clk
Recorded June 15th A. D. 1853
at ten Oclock
P. M. George H. Lawton Clerk
C. C. R. R. County