Please note page numbers and notes of where pages end are my comments. Also where there are "equation marks " instead of a dash where a word is separated, that is on the original and not a typographical error. Also the quotation marks at the beginning of words indicate a break in the word from the sentence above and were written below the line on the original (subscript).   I have tried to transcribe Colonel Travis' will exactly as it was written.   Nanci at nancip-h@worldnet.att.net - 4-24-2002

 

(First Page - pages are folded in fourths)

Copy of

Col Wm Barret Travis'

Last Will & Testament

 

Filed in office 4th

Jan 1837

E. A. Winfield clk P.C.C.B.

 

(End of first page)

 

(Second Page)

 

Travis Will

 

In the name of God Amen: I William Barret Travis of the town

Of San Felipe in Austin's Colony State of Coahuila & Texas; & by the laws of

Colonization an adopted citizen of the same; who by the permition* of

divine Providence, now enjoy good health with a sound & disposing mind,

believing in the doctrines of Christianity & of the holy church & taking

into consideration the uncertainty of life, knowing it is appointed for

all men once to diet, & in order that the mind shall at that time be releas-

ed from the care of all temporal concerns, have thought proper to make

& publish this act, as my last Will & Testament in the manner & from follow-

ing; hereby revoking all others by me made./___________________________

     First, I recommend my soul to God the Allmighty & maker from whence

it emanated & my body to its mother earth to receive christian burial, & as

it respects the worldly goods which it has pleased God to bestow in this

life; my will & desire is that they be disposed of as follows, to wit, I wish

all of my unsettled businesses to be brought to a close in the course of two

years, if possible, & all of my just debts paid; after which, my will&

desire is that the remainder & residue of my personal property be im-

mediately placed in the hands of the guardians of my two legitimate,

to wit, Charles Edward Travis, & my daughter, Susan Isabella Travis whom

I appoint as my sole heirs & all of my personal effects so remaining, to be

equally divided between my son & daughter so soon as they become of

age or marry.  And all the landed property of which I may die seized,

my wish is that it remain unsold until my said children shall

become of age, or marry & then to be equally divided between them

share & share alike.  My will & desire is that all the property real, person-

al, or mixed which I may own at the time of my decease by equally

divided between my son and daughter, except such portion as may be

coming to me from my fathers estate which I wish to go to my daughter:___

And that my son Charles E. Travis be vested in full property to the

said designated half as above expressed to the use of him, & the heirs

of his body begotten forever; and also that my daughter Susan Isabella

Travis, be vested in full property to her designated portion, to the use

of herself, & the heirs of her body begotten forever.  My said heirs to be

considered of age & capable of receiving their property on marry=

                                                                                         ing

 

K-49-1-1

(End of second page)

 

(Third Page) =ing, or when they arrive at the age of twenty one years respectively.

It is furthermore my particular will & desire, that if either my son or

daughter should die childless, that than, & in that case, the portion alot=

"ted to the one so dying shall immediately revert to the one which may

be living & the heirs of his or her body begotten, & in case both should die

childless, then & in that case I bequeath the whole in equal portions to

my three sisters to wit, Sarah Ann, Emily, & Ann Adaline Travis and

their children, & if either of the above named should die childless, then

such portion to revert in equal portions to those which may be living

& their children./___________

I hereby appoint the Revd James A. Butler of the state of Ala

"bama, as guardian of my son Charles E. Travis with instructions

that he receive a good collegiate education.

I also hereby appoint Mr. Williams M. Cato as guardian to my

daughter Susan Isabella Travis, with instructions that she receive

an ample & complete English Education.___________

And for the purposes of executing this my will, I hereby appoint my

friend Henry Smith Esqr now of the Jurisdiction of Columbia my

lawful Executor who shall receive ten per cent on all amounts he

may pay over to the guardians of my heirs as a compensation

for his services./_____________________________________

In the event of death or other cause the guardian above appointed for

my son should fail to act I appoint in his stead John Rice

Jones of this town; & in the event of death or other cause the

guardian above appointed for my daughter should fail to

act, I appoint Thomas S. Roach of the state of Alabama in his

stead; and in the event of death or other inability, the above appointed

Executor should fail to act, in that case I appoint in his stead

John Rice Jones Esqr now of the town of San Felipe.  And if from

any cause whatever, any or all of the foregoing appointments should

fail, my desire is that the civil authorities repose the said trust

or trusts in persons worthy & capable of performing the same in

good faith, requiring of said guardians in all cases, security

in at least double the amount of the property put in their

                                                                                hands

 

K-49-1-1

(End of third page)

 

(Fourth Page)

hands for their faithful performance.__________________________

     In Testimony & confirmation of all & singular the foregoing

provision & dispositions, I sign this act in the presence of the

undersigned witnesses who have been called for the purposes.

I having dictated & caused the same to be written in one con

"tinued act, without turning aside to others; desiring all persons

& authorized to respect the same as my last Will & Testament.

San Felipe de Austin May the 25th 1835 A.D. one thousand

Eight hundred & thirty five _____

                                          W. Barret Trvis

*improperly spelt

 

No witnesses names were signed on the sheet of paper upon

which the original will was written, but were on the

seals of the envolope [sic] as follows

 

(Nanci Presley-Holley's note:  No names are transcribed on any of the pages except for the name of the clerk E. H. Winfield.)

 

K-49-1-1

(End of Fourth Page)