WILL OF JESSE WALLING
Rusk County Probate Records
Volume L, page 332
THE STATE OF TEXAS
COUNTY OF RUSK
IN THE NAME OF GOD, AMEN: I Jesse Walling, being in sound mind, but feeble health, knowing the certainty of death and the uncertainty of life, do make, constitute and publish this as my last will and testament, revoking in full all others heretofore made by me.
FIRST: I will and bequeath my sole to Almighty God, and my body to the care of my friends.
SECOND: I will that all my just debts be paid.
THIRD: Having confidence in my wife Ann Walling, I hereby constitute and appoint her Executrix and having confidence in C.M. Wilson and A.J. Walling, I hereby constitute and appoint them Executors of this my last Will and testament. And I do hereby will and it is my express wish that no other action be had in the Probate Court, in relation to the settlement of my estate, than to probate and register this my last will and return an inventory of my estate, and it is my wish and I do desire that my said Executrix and Executors be not required to give bond as Executrix and Executors of my Estate.
FOURTH: In order that my Executrix and Executors may be enabled to pay off all my just and lawful debts, I do hereby authorize and empower them to sell a sufficient quantity of my lands for the purpose of paying said debts.
FIFTH: I will and bequeath to the two children of my daughter Synthia An Duncan, three hundred and twenty acres of land each, said land to be out of the Lewis or Calep Holloway Headright situated and lying in Angelina County, State of Texas – the land herein bequeathed to my said Grand Children is to be deeded to them by my said Executrix and Executors after Patents have been obtained on said land provided my said two Grand Daughters shall present themselves and claim said land.
SIXTH: After all my just debts are paid I will and bequeath to my three sons, to-wit: JESSE T. WALLING, ANDREW J. WALLING and LOUIS J. WALLING, all my lands not Patented, to be equally divided between them – and all of my unpatented lands to be equally divided between J.T. WALLING, A.J. WALLING and L.C. WALLING.
SEVENTH: I will and bequeath to my wife Ann Walling all of my stock consisting of horses, mules, cattle, sheep, hogs, one road wagon and two horse hack, to be sold or disposed of by will or otherwise as she may think right, proper and best.
EIGHT: Be it known that the reason why I have omitted in this my Will the names of John C. Walling, P.M. Walling, Martha Todd and Nancy Roberts, is that they have heretofore received their equal and just share in land and other property more than I am able now to give my other children.
WITNESS my hand and scroll for seal this the 28th day of January, A.D. 1867.
JESSE WALLING (SEA;)
WITNESSES: JOHN BURKE
OSWELL E. BURT