Will of James OvertonState of Arkansas} County of Bradley} Know all men that I, James Overton, of said County and State do ordain, and adopt, the following as my last will and testament, and having a desire to divide something to my children. To wit John H. W. Overton, Tabetha Eleanor, Mary Elizabeth, Martha Caroline, Julian Frances, Auraline Jane, but not having sufficient property, and my aged and beloved wife Rebecca Overton needing a support, I therefore will to her, three cows and calves; such as she may choose, a young gray mare over two years old, all the hogs I have, all my household and kitchen furniture, my present crop, or any other crop that I may posess at the pime of my decease, also my wagon and yoke of oxen, all my plantation, and other tools all of which, I will to my wife to use sell or dispose of as she may think best; I farther will to her all the tract of land whereon I now live (To Wit) The East half of North East Quarter of Section twenty-nine T 9 S of R 10 W The balance of my property I will to be sold and out of the proceeds for all my past debts to be paid, and my burial expenses and the remainer to be equally devided between my children and wife, and I will that my burial shall be plain and decent, and may God bless my wife and children. Last, I appoint my son, John H. Overton, Executor of this my last will and request of the judge of the C. Probate Court not to require security of him. Given under my hand and seal this 23rd of September, A.D. 1857 Witnessed by M T McGhee James X Overton (his Mark) {seal} Sam'l X Lee (His mark) Elisha Green State of Arkansas} County of Bradley} Before the clerk in vacation Before me W. Y. McCammon, clerk of the Circuit Court and Exoffcio Clerk of the Court of Probate personally appeared M. T. McGhee, who being by me sworn according to law deposes and says in relation to the paper to him exhibited by me, that the same is the last will and testament of James Overton deceased, and subscribed the following affidavit. I, M. T. McGhee, do solemnly swear that said instrument as the last will and testament of James Overton was subscribed by the restrator by his making his mark in the presence of the witnesses subscribed thereto, and I further swear that such subscription was made in the presence of myself and Samuel Lee and Elisha Green and he declared the instrument so subscribed to be his last will and testament, and that I and the other witnesses signed our respective names at the end of the will at the request of the testator, and that the testator was of sound mind and memory at the time. Sworn to and subscribed before me M. T. McGhee this Nov 8th 1860 W. Y McCammon Clerk |
Transcribed for the Bradley County Wills page by Ann Ragsdale and made available by Peggy Bowman who went to the courthouse and copied it, and Jann Woodard who shared it.