Know all men by these present that
I, J.M. Cole of County of Parker & State of Texas, being in good
health and of sound mind, and being desirous of settling my worldly
affairs and deciding how the state with which it has pleased God
to bless me shall be disposed of after my decease, while I have
the strength and capacity to do so, do make and publish this my last
will & testement, hereby revolking all other wills that I may have
here before made either verbal or written.
1st I wish that all of my just debts and funeral expenses and
also a marble slab head & foot stones be placed upon the grave
of my wife Sallie A. Cole, deceased and my son, Brice W. Cole deceased
and my son, Joseph W. L. Cole deceased and the same to be placed
over my own grave, all of which shall be paid by my executor herein
after named, and of my estate as soon after my decease shall
be found by him convenient.
2nd It is my wish and desire that after my just debts are paid
and the articles purchased and paid for as ammorated in the first
article above, that my property both real and personal shall be
equally divided between my tow children, to wit, James A Cole and
William C. Cole, share alike, and in case either one of them should
die before they become of age or without issue, there and in that
case it is my will and desire that my property shall be given or
turned over to the survivor.
3rd I nominate and appoint my Brother J.P. Cole, my legal attorney
or executor to execute this my last will and testament; and further
direct that he shall sell all my property both real and personal
when in his Judgement ? best to the interest of the legatees; it
is my desire that all my property or the proceeds of the sale of
my property be equally divided between my two children; to wit,
James A. Cole and William C. Cole and that each share alike.
4th I nominate and appoint my two Brothers, Joel L. Cole and William
F. Cole, both of the county of Lincoln & state of Tennessee, as
the guardians of my two children, namely James A. Cole & William
C. Cole, and the guardians above named be allowed by the courts
of the county of Lincoln, a sufficiency of money belonging to each
heir as above named to pay for their raising and tuition as may
be neccessary to give each a thorough education.
5th I direct that my executor, John P. Cole shall turn over the
money of the estate to the above named guardians Joel L. Cole and
William F. Cole when ordered by them an as the law directs.
6th It is my will that no other action shall be had in the District
Court in the administration of my estate than to prove and record
this will and to return an inventory and appraisement of my estate.
In witness whereof I have hereto set my hand this the 11th dday
of November AD 1873 in the presence of F.A. Leeach and E.A. Hutchinson
who attest the same at my request.
Signed by J.M. Cole
The above instrument was now here subscribed by J.M. Cole, the
testator in our presence and me at his request and in his presence.
Sign our names hereto as attesting witnesses.
Signed by F.A. Leach & E.A. Hutchinson