Last Will and Testament of
Mason G. Jones, Deceased
[The text of the will was scanned from material transcribed by Elayne Pair Gibbons. Checking on dates.]
In The Name of The Almighty God, Amen;
Know All Men by These Presents,
That we, Mason G. Jones and Mary Henrietta Jones, of the County of Erath and State of Texas and being Husband and Wife and being of sound and disposing mind and memory and realizing the uncertainty of life and the certainty of death and desiring to dispose of our property and all the property we own being community property accumulated by us during our marriage do make and publish this our last will and testament hereby revoking all former wills by us made or made by either of us.
It is our desire that at our death that our bodies be given a Christian burial suitable to our station in life and that all our just debts be paid including the expenses of the last sickness and burial expenses and that our property be divided among our children, Henrietta Virginia Jones, wife of J. M. Jones, Mason Overstreet Jones, Rachel Martha Shippman, wife of R. L. Shipman, Ella Nora Burnett, wife of R. L. Burnett, Moses Alford Jones, Mayeppa Ada Beall wife of J. G. Beall, Warren Grigsby Jones, Sarah Viola White, wife of S. S. White, Cornish Fredonia Jones, wife of Walter W. Jones share and share alike so that each one of our children shall receive from our estate the same amount in value of property in the manner and under the restrictions hereinafter stated.
Whereas, we have during our 1ife time advanced money at different times and in different amounts to some of our said children and to the husbands of several of our married daughters all of which is shown by the notes of our said children and the husbands of our said daughters, we hereby direct that the respective amounts of said notes made to either of us by our said children or the husbands of our said daughters shall be deducted from the respective shares of our estate going to such child making such note, or the child whose husband made such note if not sooner paid and the interest on all such notes shall be calculated at the rate of Eight per cent per annum according to the contract made in such notes. Any stipulations for a higher rate of interest in said Notes shall be disregarded.
We wi11 and bequeath to our daughter, Rachel Martha Shipman, wife of R. L. Shipman, One Hundred Acres out of subdivision of the Stephen Smith Survey deeded to M. G. Jones by 0. 0. Searcy and Annie Searcy, January 26th 1878 said One Hundred acres to be taken South of Hinningwater Creek and east of Hackberry Creek and beginning on the east line of said survey and to include the improvements on said land now occupied by her, the said Rachel Martha Shipman is to hold said land for the term of her natural life, and the rents and revenues thereof are to be appropriated for her support and the support of her children and she shall have no power to sell or otherwise dispose of the same and at her death said One Hundred Acres of land is to become the property of her children and in the event she shall die without children said property shall pass to the other beneficiaries under this will.
We will and bequeath to our daughter, Ella Nora Burnett, wife of R. L. Burnett, One Hundred Acres of land out of the said subdivision of the said Stephen Smith Survey and to begin on the east line of said survey and running west and to be located north of Henningwater Creek not to include the school and church lot sold by me off of the said survey and not to include the rent house and well west of Bethel Baptist Church. The estate herein conveyed to the said Ella Nora Burnett is a life estate only and she shall have no power or authority to sell or otherwise dispose of said One Hundred Acres of land but the same shall be held by her during her natural life and the rents and revenues thereof be appropriated to her support and the support of her children and at her death said One Hundred Acres of land shall become the property of her children and in the event she die without children or grandchildren, then said One Hundred Acres of land shall vest in the other beneficiaries under this will. Said One Hundred acres shall be so located as to include the improvements on said subdivision now occupied by her.
We wi11 and bequeath to our daughter, Mayeppa Ada Beall, wife of J. G. Beall, One Hundred Acres out of the Thomas McKinnan Survey and to be located east of Dry Branch and in the south east corner of that subdivision of said survey deeded to M. G. Jones by Margaret Riley and others by deed dated April 26th, 1886 and out of the south east corner of said subdivision, to include the improvements she lives on, to be held by her, however during the term of her natural life only, the estate herein granted to the said Mayeppa Ada Beall being a life estate only and she is to have and hold said property during her natural life and shall have no power to sell or otherwise dispose of the same and the rents and revenues therefrom shall be appropriated to the support of herself and children and at her death said property is to vest in and become the property of her children but if she shall die without children or grand children then said property shall vest in and become the property of the other beneficiaries in this will. All the above surveys being located in Erath County, Texas.
We, further direct that upon the death of either of us that our executor hereinafter named shall select one person and our said three daughters, Rachel Shippman, Mayeppa Beall, and Ella Burnett shall select another person and those two persons shall select a third and said three persons shall lay off and designate to each of our said three daughters one hundred acres of land provided for in Items 3, 4, and 5 of this will to be located as above provided for and shall appraise the value of each one hundred acres separately and without reference to the value of any improvements that may be thereon and that the said One Hundred Acres so allotted to each of our said last named three daughters shall be taken by them respectively as a part of their share of our estate and the same shall be counted at the value put upon it by said appraisers and they shall further receive respectively from our said estate enough property to make them respectively equal share and share alike with the other beneficiaries named in this wi11, but the debts owing our estate at said time by our said daughters or their husbands shall be deducted from their respective shares as above provided for.
All the real estate, however, to which our daughters, Henrietta Virginia Jones, Rachel Martha Shipman, Ella Nora Burnett, Mayeppa Ada Beall, Sarah Viola White and Cornish Fredonia Jones shall be entitled under this will and which they shall receive is given to them for life only and they shall hold the same during the term of their natural lives without power to sell or otherwise dispose of the same and at the death of our said daughters or either of them said real estate which they shall receive under this will shall vest in and become the property of their children or grand children and in the event they die or either of them dies without such children or grand children then the respective shares of those dying without children or grand children shall become the property of the other beneficiaries of this will, share and share alike. The term children as used in this willshall include the children of our said daughters and their descendants
All the personal property which our said children and beneficiaries shall receive under this will is bequeathed to them in fee simple except as to the collection and distribution of the proceeds of the Vendor's lien Notes owned by us which shall be as hereinafter provided.
We wi11 and bequeath to our son, Warren Grigsby Jones, as equal share of our said estate both real and personal property which he shall receive under this will is bequeathed to him in fee simple without any limitation whatever except as to the collection and distribution of the proceeds of the Vendor's lien Notes held by us as hereinafter provided however the real property allotted to him and which he shall receive shall be a life estate only and he shall hold said real estate during the term of his natural life and the rents and revenues thereof shall be appropriated to his own use but he shall not sell or otherwise dispose of the real estate which he shall receive and at his death said real estate shall become the property of his children and in the event that he dies without children or grand children surviving him the said real estate shall become the property of the other beneficiaries under this will share and share alike.
We will and bequeath to our said nine children all of our real estate wherever situated share and share alike after the payment by them of the debts due our estate but our said six daughters are to take their respective shares real property bequeathed to them for life and only a life estate in said land is bequeathed to them and our said son Warren Grigsby Jones shall take only a life estate in the land bequeathed to him as hereinbefore stated.
We will and bequeath to our said nine children above named all of our personal property of whatever kind and character and wherever situated share and share alike without restrictions or limitations except as to the collection and distribution of the proceeds of the notes owned by us as hereinafter stated and subject to the payment of the debts due by them and their husbands respectively as above stated.
The portion of our said estate consisting of notes, it is our will and desire that said notes be kept by the executor of this will and the interest collected as it matures and the notes as they mature and the proceeds thereof distributed among our several children share and share alike until all of said notes have been collected. If, however, at the end of Ten years from the death of either of us said notes shall not all have been collected then we hereby direct our said executor to divide said notes among the beneficiaries hereto share and share alike or if that cannot be done equitably and fairly then our said executor shall sell said notes at private sale and divide the proceeds share and share alike among the beneficiaries under this will.
It is our will and desire that upon the death of either of us that this will shall be probated and we hereby jointly and severally relinquish all interest in the homestead except as to the house now occupied by us and Fifty Acres in cultivation adjoining it which Fifty Acres shall be selected by the survivor and it is our further desire that after deducting the fifty acres that upon the death of either of us that our said real and personal estate shall be divided into two equal portions one of which shall pass to the survivor and the other shall pass to and be vested in the beneficiaries of this will in the parcels and subject to the limitations and restrictions and be held by said beneficiaries in the manner provided for in this will. And it our express will and desire that the certain tracts of land herein bequeathed to our daughters, Rachel Shipman, Ella Burnett, and Mayeppa Beall respectively shall pass to them and be held by them and not partitioned and the survivor hereby relinquishes his or her interest in said three parcels of real estate the same, however, to be held in the estate hereinbefore granted to them and subject to the restrictions and limitations hereinbefore placed upon them.
Any beneficiary under this will who shall contest any of its provisions or file any contest of any character or bring any suit to set the same aside or to make void any provision of this willor who shall bring any suit or action whatever having for its object the annulling of said will or any of its provisions or who shall become a party to any suit and seek to avoid this will or any of its provisions shall forfeit all rights under this will and shall cease to be a beneficiary under this will and shall receive nothing from our said estate and the interest hereby granted to any beneficiary, who shall do anything prohibited in this item, shall in such event be divided among the other beneficiaries under this will pro rata.
Having full faith in the character, integrity and business ability of our son, Mason Overstreet Jones, we hereby appoint him executor of this our last will and testament. And he shall have power without any other action being taken in the County Court, than the probate of this wi11, and the making of a bond and taking the oath as prescribed by law and filing an inventory as prescribed by law, to sell any and all personal property, to collect the notes due the estate and divide said notes as provided in Item Twelve and if such division cannot be made as provided in such item then he shall have the power and authority without any other action in the County Court to sell said notes and make transfers of the same together with the lien retained by the same, and he shall have authority and power to compromise and settle all claims due the estate and it shall not be necessary for him to procure any order of sale or other authority from the County Court for any of the purposes enumerated in this item. Provided however that our said executor during the time of his administration under this willshall file in the County Court annually an account of all receipts of money and other property and of all disbursements made by him of money and other property and of all other actions taken by him under this will.
It is our wi11 and desire and we hereby direct that upon the death of either of us this will shall be probated and our said executor shall proceed to carry out the terms of this will as to the estate of the one deceased and that upon the death of the other this will shall further by probated as the last wi11 and testament of both of us and the remainder of our said estate shall be distributed as herein provided.
In testimony whereof we have hereto affixed our signatures and signed the same in the presence of each other and in the presence of the two subscribing witnesses whose names are signed hereto as witnesses and who have signed the same in our presence and in the presence of each other we hereby declare this to be our lastwill and testament. All corrections, interlineations and erasures made before signing.
Mason G. Jones
Mary Henrietta Jones
J. E. Messengale
J. E. Miller
Last Will and Testament of
MASON GRIGSBY JONES
Placed on JONES FAMILY TREE
27 JUN 1999/2:30 PM CDT
Edited: 27 JUN 1999/10:54 PM CDT