Posted on: Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Tx/FallsWill/3 Surname: Fortune, Killebrew ------------------------- The State of Texas} County of Falls } Know all men by these presents that I John A. Fortune of said state and county, being of sound mind and memory do hereby make and establish this my last will and testament hereby revoking and annulling all former wills and codicils heretofore made. Item 1st It is my will that all of my just-debts be fully paid and ? charged. Item 2nd I do hereby devise and bequeath to my beloved wife America Fortune the house and lots in the Town of Marlin now occupied as the family homestead together with all the appurtenances. Also of the household and kitchen function the family furniture family carriage and two horses, also a half dozen milch cows and the stock of hogs ? about the homestead in Marlin, also the following slaves - To wit - Ephram Esther and ?, ? the Blacksmith, Sarah and her two children Sam and Hatch and the slave Girl Sarah and the said property to be hers in full title forever. Item 3rd I will and bequeath to my son Charles V. Fortune the sum of five thousand Dollars in cash in consideration of valuable services rendered to me by him since his arrival at majority in aiding me the prosecution of my business pursuits from the year 1845 to 1850 this amount to be additional to the legacy herin after bequeathed to him. Item 4th I will and bequeath to my Grandson, John Edwin son of C.V. Fortune the sum of five thousand Dollars in cash which same is what I deem a fair equivalent for that interest due his Father C.V. Fortune on the amount-which I justly owed him for services rendered me from 1845 to 1850. Item 5th I will and bequeath to my Daughter Mary Alice Killebrew Wife of B Killebrew the sum of Five thousand Dollars as a special bequest in addition to the legacies herein after contained. Item 6th I will and bequeath the whole of my Estate real personal and ? of all kinds and description whatever after the payments of my debts and after satisfying and paying the Special Legacies above made, to my Children C.V. Fortune H.H. Fortune, James Killebrew, John A. Fortune and Mary Alice Killebrew to be shared equally between them except John A. Fortune Jr. who I wish to ? Five thousand dollars ? than the other children and which deduction is made in consequence of the fact of his having already secured large advances in the way of the expense of his Education. Item 7th In the division and partition of my Estate among my said children under the general bequest - in item 6 I wish all advances made to them heretofor to be taken into account as part of the Estate to be divided and which advancements for certainty are here in set forth as a basis for said portion and any advancement not herein mentioned shall not be accounted for C.V. Fortune shall be charged with Five thousand Four hundred Dollars for Negros to him heretofor advanced. and two hundred Dollars for cattle advanced him making in all Five thousand Six hundred Dollars advanced him and to be charged against him with ten percent interest there on from the date of this will. H.H. Fortune shall be charged with Five thousand seven hundred Dollars for negros advanced him and ten percent interest on said sum from the date of this will until a partition is made, also with the sum of Twelve thousand Dollars for four hundred acres of Land advanced him and ten percent interest per anum there on from the 28th day of April 1862 Jane Killebrew shall be charged with Three thousand two hundred Dollars for Negros advanced her with interest on said amount at ten percent from this date also with Five thousand Dollars for Two hundred acres of Land advances her with interest there and from the 28th day of April, 1862 -, Mary Alice Killebrew shall be charged with six hundred Dollars advanced her in a Negro named Nancy.---- Tho foregoing are all the advances to be taken into consideration an in the settlement-and partition of my Estate- Item 8th I do hereby nominate and appoint my son C.V. Fortune and son in law William Killebrew as the Executors of this my last Will and testament and in the event of the death refusal or inability of either of said parties to act-I appoint the other as sole executors as either should they act as such I hereby give full power and authority to sell and covey any or all of my Estate for the purpose of a speedy settlement of its affairs as will and fully as I could if alive and without any order or authority of the Probate court, provided always, that they shall use their discretion in making said sales in any manner either privately or at Public auction as they deem best fitted for the interest of all the heirs and legatees Provided here in that my said Executors shall have no authority to sell or dispose of the property herein specially bequeathed to my wife America Fortune-- Item 9th It is my will that no action be taken in the Probate Court in reference to the settlement of my Estate than the Probate and registration of this my last will and testament and the appointment of my Executors here in named and it is my Will that neither of my Executors above named was either of them if acting signally shall by required to give bond or security for the fulfillment for of the trust as I have full confidence in them in integrity and honesty of purpose. Item 10th It is my will and decise that my children and heirs shall provide a suitable house and the necessaryes of life for any faithful old slave ? and his wife Huldy as long as they live and shall protect them and not require of them any service and my executors are hereby authorized to charge my equal Estate for that purpose and to the same provisions shall be made for any other old slave which belongs to my Estate whice he becomes unable to work. Witness my hand this the 8th day of February A D 1862 Witness: ? L. ? T.D. Reed State of Texas} Falls County } Personally appeared in open court T.D. Reed one of the subscribing witnesses to the foregoing will of John A. Fortune and being duly sworn states that he saw the said John A. Fortune sign the said instrument and that he did so of presence of the other witness and that this witness signed the same at the request of the said John A. Fortune and that he and the other subscribing witness signed the same in the presence of each other and at the request and in the presence of the said John A. Fortune. T.D. Reed (This will was on file at the Falls County Courthouse, Marlin, Texas. I have written it to the best of my ability. Some of it was very hard to read) --------------------------------------------------------------------------------