Minerva Jones Tazewell Harris
Last Will And Testament
Filed: Nov 4th, 1859
J.M. Ramsey, County Clerk
The State of Texas
County of Panola
I, Minerva Tazewell Harris, of the County and State aforesaid, do make and ordain this my last will and testament revoking all others heretofore made.
Article 1st: I will and bequeath to my son Benjamin R. Harris, my undivided interest in the entire tract of land on which the said Benjamin R. Harris and Myself reside in the above named County and State. I also will and bequeath to my son Benjamin R. Harris my undivided interest in all the mules, stock not otherwise disposed of also the farming utensils. I also give my son my Pleasure Carriage.
Article 2nd: I will and put trust in the hands of my brother James C. Jones as trustee for the use and benefit of my son Benjamin R. Harris, all the Negroes which may belong to me at my death with the exception of Clary, Albert, Kenny, Jimmy, Thomas, Amanda, Amy, Hannah and her children. The said James C. Jones is instructed to permit the said Benjamin r. Harris to have and enjoy the possession of the Negroes hereby put in trust during the Natural life of said Benjamin R. Harris. Furthermore the said James C. Jones as trustee, He is to permit the said Benjamin R. Harris to enjoy and control without charge all the income and profits of said slaves during the life of the said Benjamin R. Harris.
Article 3rd: After the death of my son B.R. Harris, I will and bequeath the negroes, put in trust for the use and benefit of my son B.R. Harris during his natural life, to be equally divided between the children of the said B.R. Harris, and if the said B.R. Harris may have any grandchildren of child, whose parents or parent may have died before the said B.R. Harris, such child or children is to be entitled to the share that their parent or parents would have been in case they were living.
Article 4th: I will and put in trust in the hands of my son B.R. Harris, for the use and benefit of the legal heirs of the body of Amanda M. Kelley, the following named slaves and their increase, viz. Clary, Albert, Kenny, Jimmy, Thomas, Amanda and Amy. The said Amanda M. Kelley have the right of taking into her possession the above named slaves by giving sufficient bond and security, payable to the said B.R. Harris or his successors as trustee for the faithful taking care of such management of said property, for the use and benefit of the heirs of her body, but in case the said Amanda M. Kelley should fail or refuse to give said bond, in that event, the said B.R. Harris is to retain the above named negroes in his possession and pay over to the said Amanda M. Kelley annually a fair hire for the use of said negroes, to be assessed by some two or three disinterested neighbors, and the said B.R. Harris is to receive a reasonable compensation for his trouble in managing the same to be assessed in the manner above specified, and it is furthermore understood that in case my daughter should have no nears of her body, in that event the named negroes are to be equally divided between the legal heirs of my son Benjamin R. Harris.
Article 5th: I will and bequeath to my grand Daughter Davidelia L. Kelley, daughter of Amanda M. Kelley, all the land I inherited from Harwood W. Jones, and also the portion inherited by my brother William E. Jones from the said Harwood W. Jones, which is now owned by me.
Article 6th: I give and bequeath to my Grand Daughter Sallie Bettie, the daughter of my son B.R. Harris, my negro girl Hannah and her children and future issue.
Article 7th: I give and bequeath to my daughter Amanda M. Kelley, Seven Hundred Dollars, to be paid by my son B.R. Harris.
Article 8th: I give and bequeath to my daughter Mary A.F. Cross, One Hundred Dollars to be paid by my son B.R. Harris.
Article 9th: In case the Laws of Texas should require my brother James C. Jones to give bond and security as trustee for my son B.R. Harris, I hereby release the said James C. Jones from the same, having full confidence in his integrity.
Article 10th: I furthermore appoint and nominate my son B.R. Harris, the executor of my last will, releasing the said B.R. Harris from giving bond as executor of my estate. It is furthermore understood that the said B.R. Harris is to pay all the partnership debts out of the means left in his hands by me as his portion of my estate.
In testimony thereof I have hereunto signed my name and affixed my seal using a scroll for the same. Signed in the presence of Thos. G. Davenport and Frances E. Davenport who has signed the same as witnesses at my request this the 16th day of June 1859.
(Signature: Minerva Tazewell Harris)
Attest:
(Signature: Thos. G. Davenport)
(Signature: Fannie E. Davenport)