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Probate Minutes
Refugio County
August 31, 1840
Will of Edward O'Boyle
and
Codicil to Will of Edward O'Boyle

Secondary Source:  Microfilm of typed transcript, Corpus Christi, Texas, Public Library
Primary Source:  Original Record Books, Refugio County Clerk's Office

The original typed transcript was copied below as it appeared on the microfilm.  In order to make a site search of value to the researcher, some proper names have an alternate spelling in "green" following the original spelling.  Otherwise, all spellings, grammar and punctuation have been copied as in the typed transcription.

The copy below was completed by Rena McWilliams and posted on this website for the personal use of family researchers only. It is provided without cost, and commercial use of this copy of the transcription is strictly prohibited without prior written permission.


I, Edward O Boyle [O'Boyle] of Aransas, County of Refugio Texas being in my proper mind and senses and as I believe on my dying bed do make this my last will and Testament- And I do hereby appoint as administrators James OBrian [O'Brien] and John Armstrong on all and singular my estates Real and personal and as such administrators on all and singular the estates that may accrue to me from my Brother Daniel OBoyle's Estate - Viz First I give and bequeath to James OBrien three hundred and twenty acres of land lying and being on Lagon de La cruse in the County of Refugio being one moiety of a league of land formerly owned by my brother Daniel O'Boyle - provided however that all Inst and lawful debts dues & claims against my estate be first paid to do which if necessary said league of land shall be sold at public sale the said O'Brian retaining his three hundred and twenty acres in such part as my said administrators may allott - And Secondly I give and bequeath unto my said son Edward Joseph O Boyle formerly of St Patricia [San Patricio] Texas all the remaining part of such league of land as my bein (sic) real or personal property.

Given under my hand and seal this twenty sixth day of November Eighteen hundred and thirty eight at Aransas.

Edward O'Bolye [O'Boyle]

Attest
Edward OConnor [O'Connor]
Edward Drew.



Codicil to my foregoing will.

Whereas, I Edward OBoyle of Aransas County of Refugio Texas having made and duly executed my last will and testament in writing bearing date the 26th twenty sixth day of November eighteen hundred and thirty eight - Now I do hereby declare the present writing to be as a codicil to my said will and direct the same to be annexed thereto and taken as a part thereof - and I do constitute and appoint my said administrators John O'Brien and John Armstrong of Aransas, County of Refugio, Republic of Texas, Executors of all and singular my estate, and I do hereby direct them to rent leese or sell any of my lands to the best advantage for the benefit of my son Edward Joseph O Boyle mentioned in my said will - that is to say any lands that may remain unsold or disposed of to pay my legal debts and the said three hundred and twenty acres bequeathed in my will to James OBrian and further in as much as there are five certain lots of ground in the City of Lafayett Louisiana United States of America, which formerly belonged to my brother Daniel OBoyle and myself and which by heirship now belongs to me the title of which I left remaining in the hands of James Redman and recorded in the office of Carlisle Pollark of New Orleans - I do hereby constitute, appoint and choose the said James OBrian and John Armstrong my legal representatives agents administrators and executors of such property in Lafayette to make such disposition of as my best be to the interest of my aforesaid son Edward Joseph O'Boyle.

Edward OBoyle (Seal)

Signed, sealed and published by the said Edward O.Boyle as and for a codicil to be aded to and be considered as a part of his last will and testament in the presents of us who have subscribed our names in his presence this twenty ninth day of November Eighteen hundred and thirty eight.

Edward O Connor
David Morris

 



Republic of Texas   }
County of Refugio.
  }

Be it remembered that on the 27th day of July A.D. 1840 - In open court personally came and appeared Edward Drew, who being duly sworn deposeth and says that on the 26th day of November A.D. 1838 he was called on by John Armstrong to witness the annexed will of Edward O'Boyle, that he raised said Boyle up until he signed the same and that he verily believes that the deceased has made no subsequent will except the codicil to this attached deponent says that he subscribed his name to said will as a witness and further the deponent saith not -

Edward Drew

Sworn & subscribed before me in open court this 27th day of July A.1840

Benj. F. Neal
P.J.R.C.

 

 

Republic of Texas,  }
County of Refugio.
  }

Before me Benjamin F. Neal Probate Judge for said County personally came and appeared David Morris a subscribing witness to the within codicil of Edward OBoyle who being duly sworn deposeth and says that on the 29th of November 1838 he was present when Edward OBoyle deceased signed the foregoing codicil, and that he subscribed his name to the same as one of the witnesses and further this deponent sayeth not -

David Morris.

Sworn to and subscribed before me this 2nd of September A.D.1840.

Benj. F. Neal
P.J.R.C.

 

 

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