Submitted
by: Mary Eklund
FORTUNE, JOHN AUGUSTUS
Surnames: Fortune, Killebrew
County of Falls } Know all men by these presents that I John A. Fortune of said
state and county, being of sound mind and memory do hereby make and establish
this my last will and testament hereby revoking and annulling all former wills
and codicils heretofore made.
Item 1st It is my will that all of my just-debts be fully paid and ? charged.
Item 2nd I do hereby devise and bequeath to my beloved wife America Fortune the
house and lots in the Town of Marlin now occupied as the family homestead
together with all the appurtenances. Also of the household and kitchen function
the family furniture family carriage and two horses, also a half dozen milch
cows and the stock of hogs ? about the homestead in Marlin, also the following
slaves - To wit - Ephram Esther and ?, ? the Blacksmith, Sarah and her two
children Sam and Hatch and the slave Girl Sarah and the said property to be
hers in full title forever.
Item 3rd I will and bequeath to my son Charles V. Fortune the sum of five
thousand Dollars in cash in consideration of valuable services rendered to me
by him since his arrival at majority in aiding me the prosecution of my
business pursuits from the year 1845 to 1850 this amount to be additional to
the legacy herin after bequeathed to him.
Item 4th I will and bequeath to my Grandson, John Edwin son of C.V. Fortune the
sum of five thousand Dollars in cash which same is what I deem a fair
equivalent for that interest due his Father C.V. Fortune on the amount-which I
justly owed him for services rendered me from 1845 to 1850.
Item 5th I will and bequeath to my Daughter Mary Alice Killebrew Wife of B
Killebrew the sum of Five thousand Dollars as a special bequest in addition to
the legacies herein after contained.
Item 6th I will and bequeath the whole of my Estate real personal and ? of all
kinds and description whatever after the payments of my debts and after
satisfying and paying the Special Legacies above made, to my Children C.V.
Fortune H.H. Fortune, James Killebrew, John A. Fortune and Mary Alice Killebrew
to be shared equally between them except John A. Fortune Jr. who I wish to ?
Five thousand dollars ? than the other children and which deduction is made in
consequence of the fact of his having already secured large advances in the way
of the expense of his Education.
Item 7th In the division and partition of my Estate among my said children
under the general bequest - in item 6 I wish all advances made to them
heretofor to be taken into account as part of the Estate to be divided and
which advancements for certainty are here in set forth as a basis for said
portion and any advancement not herein mentioned shall not be accounted for
C.V. Fortune shall be charged with Five thousand Four hundred Dollars for
Negros to him heretofor advanced. and two hundred Dollars for cattle advanced
him making in all Five thousand Six hundred Dollars advanced him and to be
charged against him with ten percent interest there on from the date of this
will. H.H. Fortune shall be charged with Five thousand seven hundred Dollars
for negros advanced him and ten percent interest on said sum from the date of
this will until a partition is made, also with the sum of Twelve thousand
Dollars for four hundred acres of Land advanced him and ten percent interest
per anum there on from the 28th day of April 1862 Jane Killebrew shall be
charged with Three thousand two hundred Dollars for Negros advanced her with
interest on said amount at ten percent from this date also with Five thousand
Dollars for Two hundred acres of Land advances her with interest there and from
the 28th day of April, 1862 -, Mary Alice Killebrew shall be charged with six
hundred Dollars advanced her in a Negro named Nancy.----
Tho foregoing are all the advances to be taken into consideration an in the
settlement-and partition of my Estate-
Item 8th I do hereby nominate and appoint my son C.V. Fortune and son in law
William Killebrew as the Executors of this my last Will and testament and in
the event of the death refusal or inability of either of said parties to act-I
appoint the other as sole executors as either should they act as such I hereby
give full power and authority to sell and covey any or all of my Estate for the
purpose of a speedy settlement of its affairs as will and fully as I could if
alive and without any order or authority of the Probate court, provided always,
that they shall use their discretion in making said sales in any manner either
privately or at Public auction as they deem best fitted for the interest of all
the heirs and legatees Provided here in that my said Executors shall have no
authority to sell or dispose of the property herein specially bequeathed to my
wife America Fortune--
Item 9th It is my will that no action be taken in the Probate Court in
reference to the settlement of my Estate than the Probate and registration of
this my last will and testament and the appointment of my Executors here in
named and it is my Will that neither of my Executors above named was either of
them if acting signally shall by required to give bond or security for the
fulfillment for of the trust as I have full confidence in them in integrity and
honesty of purpose.
Item 10th It is my will and decise that my children and heirs shall provide a
suitable house and the necessaryes of life for any faithful old slave ? and his
wife Huldy as long as they live and shall protect them and not require of them
any service and my executors are hereby authorized to charge my equal Estate for
that purpose and to the same provisions shall be made for any other old slave
which belongs to my Estate whice he becomes unable to work.
Witness my
hand this the 8th day of February A D 1862
Witness:
? L. ?
T.D. Reed
State of Texas}
Falls County } Personally appeared in open court T.D. Reed one of the
subscribing witnesses to the foregoing will of John A. Fortune and being duly
sworn states that he saw the said John A. Fortune sign the said instrument and
that he did so of presence of the other witness and that this witness signed
the same at the request of the said John A. Fortune and that he and the other
subscribing witness signed the same in the presence of each other and at the
request and in the presence of the said John A. Fortune.
T.D. Reed
(This will was on file at the Falls County Courthouse, Marlin, Texas. I have
written it to the best of my ability. Some of it was very hard to read)
Permission
granted to the Falls County, Texas web site for posting by Mary Eklund.