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The members of the Francis W. Waldman family were some of the earliest Matagorda residents. Hope for starting a life of freedom in the new land of the Republic of Texas was bright at the onset, but the family would suffer many heartaches along with joys. Francis/Franz W. Waldman was born about 1811 in Germany and immigrated to the Republic of Texas in January 1838 at the age of 27. He applied for conditional land grant #32 for 640 acres of land on April 30, 1839. He surrendered his conditional certificate on June 7, 1941 for an unconditional one, for he found getting a clear title for a conditional certificate was difficult. The land he received was in Medina County, Texas. Francis married Louisa Engelke who was born in Germany about 1819. The family had settled in Matagorda by 1839 when the first daughter, Julia, was born on September 11. Three more children soon followed: Josephine, December 13, 1841, Charles, November 28, 1843 and Louisa Henrietta November 15 in 1846. The three oldest children were baptized at Christ Episcopal Church on May 29, 1845 and Louisa Henrietta on August 29, 1847. They were living in a house near Christ Church when disaster struck. Violent Storm-Fatal Effects of the Lightning – Louisa Engelke WaldmanOn Friday last. 18th inst., about 10 o’clock, a. m., our town was visited by a very violent storm, accompanied with more severe lightning and thunder than we have ever experienced. The effects, we regret to say, have been uncommonly fatal and destructive.The direction of the clouds was from the East, which were swept on from the Gulf before a heavy wind, discharging a torrent of rain in their passage. Two vivid flashes attended with startling peals of thunder followed each other in quick succession; and every one felt satisfied that the flash must have struck in or near the town. This turned out to be unfortunately the case.A small dwelling house at the upper end of the town, nearly opposite the church, owned by Mr. F. Waldeman, and occupied at that time by himself and family, was struck and almost entirely demolished. The gable end towards the northeast, was burst entirely open; the partition between the rooms torn in pieces: and Mrs. Waldeman shockingly mutilated by the timbers and splinters, which were strewn in a pile over the floor. The unfortunate lady had her skull terribly fractured; her right breast punctured; her jaw shattered, and her face severely cut and injured, besides receiving other painful wounds in her hand and on other parts of her body.—She lingered under the sufferings thus produced, until Sunday morning, when she expired.Mrs. W. at the time was seated in a rocking chair, and four young children—one of them an infant—were on the floor around her. Three of them were more or less injured; but we are happy to say all of them now out of danger. The rocking chair was splintered to pieces. Mr. W. was in the back room.—The fluid passed close before him and was plainly visible, going out of the south end of the house, and cutting a hole scarcely large enough for one to insert a finger. The house and furniture were very much damaged.The dwelling house of W. W. Stewart, Esq., in the same part of the town, about 300 yards from that of Mr. Waldeman, was also struck and partially burnt. Mr. Stewart’s eldest son, a young man, was up stairs at the time, and was quite seriously injured. He was nocked down senseless, and remained for a day or two in quite a critical situation; but we are glad to say is now recovering.—This is the second or third time, that this building has been struck with lighting.The church, also in the same neighborhood, was struck and slightly injured. The Rev. Mr. Ives was at the time in the Vestry-room, which is in the rear and attached to the Church—and could not have been more than five feet from the course of the fluid. The scantling running up by the pulpit seems to have formed a conductor to the lightning.—This is slightly splintered, and the facing of the pulpit somewhat injured; but no further damage was done here.About a mile from town in the same direction, four cows were struck dead. They are all lying close together, and were doubtlessly killed at the shock. Many of our citizens were very sensibly affected by the shock, and we hear of three or four who were even staggered and stunned.On Sunday, 20th inst., about 2 o’clock, p. m., we had another heavy rain and storm. The lightning again struck, in the close vicinity of Mr. Waldeman’s house; but this time without injury, hitting the ground nearly in the middle of the street, and scattering a cloud of dust around.
Can it be, that
there is any metallic substance buried in that region? The idea has
been suggested, and really the frequency of these occurances (almost
all confined to a small space,) seems to lead plausibility to the
supposition. It may be that a vein of ore, or perhaps the hidden
treasure of some free-booter of former days is there inhumed.
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Marriage record of Francis Waldman and Catherine Breaning – Victoria County, Texas |
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The Mitchells went to court on June 5, 1854 to gain guardianship of her three daughters.
The Henry B. Mitchell family lived in the former home of Judge Matthew Talbot. It was still standing in Matagorda in 1988 and was known as the Phillips home.
Henry and Catherine welcomed their first child, Elizabeth Angeline, on February 9, 1855.
In 1859, Josephine Waldman, daughter of Francis and Louisa, became ill and died on July 7th at the age of sixteen.
DIED – Josephine Waldman
At the residence of W. T. S. Compton, in this place, on the 7th inst., of congestive chill, Miss Josephine Waldmann, age 16 years and 7 months.—Matagorda Gazette, Saturday, July 9, 1859
The year brought both sorrow and joy as the Mitchells welcomed a son, Henry Barton, on August 17, 1859. Their third child, Julia Catherine was born September 13, 1861.
The management of Francis Waldman’s estate continued for many years after his death as evidenced by the notice in the newspaper in 1860. I WILL SELL BY PUBLIC SALE, within a limited period, (if not disposed of by private sale,) from 300 to 500 head of choice stock cattle; the same being the property of the Estate of F. Waldemann, deceased—Those desiring to purchase will call on John W. McCamley, Executor.—Matagorda Gazette, February 8, 1860
Francis Waldman’s only son, Charles, joined the Matagorda Guards on October 4, 1861 which became Company D Sixth Texas Infantry. He was in Capt. E. A. Peareson’s Company and mustered in at Camp Henry E. McCulloch in Matagorda County. At age 18, being called to active service, he wrote a will on September 25, 1861 leaving his possessions to his sisters and half-sisters in the event he did not return, and marched off to war. He was captured at Fort Hindman, Arkansas Post, Arkansas on January 11, 1863 and sent as a prisoner of war to Camp Butler, Springfield, Illinois. At some point he was released and on November 29, 1865, he was killed by a shell at the Battle of Spring Hill. Unfortunately there was a need for the will to be probated which involved William Prissick and D. E. E. Braman.
Many of the Spring Hill casualties buried in shallow graves where they fell and marked only with wooden crosses. In 1866, a group of ladies led by Martha E. Bonn located graves of thirty-nine soldiers and had them moved to Spring Hill Cemetery. Apparently the graves were marked with the wooden crosses and their actual locations were lost over time. In 2014, the Nathaniel Cheairs Camp, Sons of Confederate Veterans, Spring Hill, Tennessee, marked twenty-five of the graves with new Confederate markers. The research took over a year to find family members to provide information and sign the requests. A dedication was held on August 23, 2014 and Charles Waldman was honored with an In Memory marker since the actual location of his grave was unknown.
While the family worried about the welfare of Charles fighting far away from Matagorda, another loss was suffered at home in the death of Henry B. Mitchell.
On April 6, 1864, Henry B. Mitchell “being at this time in great sickness but of sound mind,” wrote his last will and testament leaving his possessions to his children with his wife as manager of the estate. He died the next day, April 7th and once again, Catherine was a widow with three young children, 9, 4 and 2.
Death struck the family again less than two years later when six-year-old Henry Barton Mitchell died of typhoid fever on January 7, 1866.
The burial places of Henry B. and Julia Catherine Waldman Mitchell are unknown as well as Julia’s date of death.
It was not uncommon for families to lose members by illness or age, but these two families had losses due to illness, weather, murder and military action.
The daughters of both families married men in the Matagorda County area and their information is as follows. |
Children of Francis & Louisa Engelke Waldman |
1. Julia Waldman (September 11, 1839 Matagorda – July 2, 1926 Junction, Kimble County, Texas; married June 27, 1864 to Gerald Weekley (April 17, 1837 – July 26, 1891); buried Smiley Masonic Cemetery, Smiley, Gonzales County, Texas
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2. Josephine Waldman (December 13, 1841 Matagorda – July 7, 1859 Matagorda County)DIED – Josephine WaldmanAt the residence of W. T. S. Compton, in this place, on the 7th inst., of congestive chill, Miss Josephine Waldmann, age 16 years and 7 months.—Matagorda Gazette, Saturday, July 9, 1859 |
3. Charles Waldman (November 28, 1843 Matagorda – November 29, 1864 Spring Hill, Maury County, Tennessee); burial Spring Hill Cemetery, Spring Hill, Maury County, Tennessee
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4. Louisa Henrietta Waldman (November 15, 1846 Matagorda – November 25, 1895 Montgomery, Montgomery County, Alabama; married February 7, 1867 in Matagorda County to Asa Evans Stratton Jr. (January 13, 1844 – April 26, 1921); buried Oakwood Cemetery, Montgomery, AlabamaMrs. A. E. Stratton Mrs. A. E. Stratton died very suddenly Sunday morning at 1:30 o’clock, at the residence of her husband, Judge Stratton. She was in her accustomed health until Saturday afternoon, when she was stricken at the dinner table surrounded by her family, and death followed in twelve hours afterward. Mrs. Stratton was born in Matagorda, Texas, November 15th, 1846, and a few days ago celebrate her 49th birthday. She was married in Montgomery [Matagorda] February 7th, 1867, and had six children as a result of that marriage, four of whom survive her, all being daughters—three residing in this city, while the other resides in Brazoria, Texas, and is Mrs. W. H. Stephens. The funeral took place at 10 o’clock yesterday morning from the Church of the Holy Comforter, of which she was a consistent member.--Montgomery Advertiser, November 26, 1895 Judge Asa Evans Stratton Funeral services for Judge Asa Evans Stratton were held from the Church of the Holy Comforter Thursday morning at 11 o’clock, Dr. Richard Wilkinson and Dr. Hodges officiating. Pall bearers were: Leon Jackson, J. B. Jones, George Stuart, Henry Irwin, Robert Aldworth and Judge Walter B. Jones. Interment was at Oakwood cemetery. Montgomery Advertiser, April 29, 1921 Judge Stratton Dead Former Jasper Citizen News was received in Jasper last Thursday of the death in Montgomery of Judge Asa Stratton, a former citizen of this city. Judge Stratton located in Jasper about 34 years ago, coming here from Texas, and established the “Protectionist,” a Republican newspaper in Jasper. He purchased a lot and built a home in West Jasper and resided here about three years. The daily papers state that Judge Stratton moved to Jasper in the year 1897. That is an error. He moved away from Jasper seven or eight years prior to 1897. The Montgomery Advertiser published the following sketch of Judge Stratton’s life: Judge Asa Evans Stratton, for over 20 years a resident of Montgomery and for 14 years referee in bankruptcy here died at his home on Alabama street at 4 o’clock Tuesday afternoon, following a protracted illness. Judge Stratton was 77 years old, and was born in Panola county, Mississippi, January 13, 1844. He moved to Texas at the age of 15, remaining there until he came to Alabama in 1897. He entered the service of the Confederate Army in 1862, at the age of 18, serving with the Trans-Mississippi department until the close of the war rising from the rank of private to sergeant-major. He was a member of Colonel Joseph Bate’s Legion, and subsequently of Company G, 30th Texas Cavalry. After the war he returned to Texas and was admitted to the bar, entering politics as an ardent Republican. He served in the Texas legislature and in the senate of the state, and was for several years district attorney of the Eastern district of Texas. He also served as judge of probate in the county of Brazoria. In 1897 he moved to Jasper, Ala., and two years later came to Montgomery, where for more than 20 years he made his home, serving for 14 years as referee in bankruptcy until some five years ago. He had been in failing health for several years previous to his death. Judge Stratton is survived by his wife, who was Miss Ina Smith, of Prattville, three daughters, Mrs. Emily Stratton Stevens, Miss Louise Stratton and Miss Florence Stratton, and two sisters, Mrs. Emily Tryan and Mrs. A. Ezell, all of Texas. Funeral services will be held Thursday at 11 a. m., from the Episcopal Church of the Holy Comforter, Dr. Richard Wilkinson and Dr. Hodges officiating.
Mountain Eagle, Jasper, Alabama, May 4,
1921 |
Children of Francis & Julia Catherine Browning |
5. Isabel Wilhelmina Waldman (June 22, 1849 Matagorda – April 12, 1918 Texarkana, Bowie County, Texas; married August 19, 1869 in Matagorda to William Jennings Godsey (December 18, 1839 – September 27, 1922); buried Rose Hill Cemetery, Texarkana, Bowie County, Texas |
6. Annie Forrester Waldman (December 21, 1850 Matagorda – November 13, 1922); married February 16, 1876 in Matagorda to William Woodson King (May 1853 – September 15, 1932); buried Mission Burial Park South, San Antonio, Bexar County, TexasPioneer Jurist Dies San Antonio, Sept. 15—Funeral services were held here today from St. Mark’s Episcopal Church for William W. King, 80, first judge of the 45th district court of San Antonio and practicing attorney since 1873. He died here yesterday.
Amarillo Globe-Times, Amarillo, Texas,
September 16, 1932 |
7. Nannie Frances Selkirk Waldman (May 20, 1852 Matagorda – May 25, 1910 Bryan, Brazos County, Texas) married September 5, 1876 in Matagorda to Erin Earnest Bryan (August 24, 1852 – April 14, 1910); buried Gulf Prairie Cemetery, Jones Creek, Brazoria County, TexasMrs. E. E. Bryan Dead Mrs. E. E. Bryan, mother of Mr. W. P. Bryan, of this city, died this morning at 8:30 o’clock at the Fountain sanitarium. She had been ill a long time, and two weeks ago was brought here by her son from Bellville, and after a few days at his home, went to the sanitarium for treatment. She had been quite seriously ill for some days and her other two sons had come to be with her, and the three were by her side during her last hours. She was ill when her husband, Mr. E. E. Bryan, died suddenly in this city a short time ago, and never rallied from the shock and has been gradually sinking every since. She was a noble Christian lady and a devoted wife and mother. The remains will be taken to Durazno, the old Bryan home in Brazoria county, for interment and the funeral party will leave tonight. The remains will be accompanied by the three sons and Dr. J. T. Caughley, pastor of the Presbyterian church, of which she was a devoted member. Her death is indeed a sad blow to the bereaved ones, and they have the profound sympathy of all of their double sorrow. The Eagle, Bryan, Texas, May 25, 1910
Died Very Suddenly Mr. E. E. Bryan of Giddings, Texas, died very suddenly at the Exchange hotel in this city at 9:30 last night from an attack of heart failure. Mr. Bryan has been here for some time on a visit to his son, Mr. W. P. Bryan and family, and was thought to be in his usual good health. He had decided to pay his brother a visit at Bellville, and was going to leave that night. To be near the station he went to the Exchange hotel to remain until train time. He retired to his room early so as to get some sleep before train time, and soon after reaching his room was attacked and expired in a very short time. His death is indeed sad and its suddenness makes it doubly so. Mr. Bryan was 56 years of age, a splendid man and citizen, a member of the Presbyterian church and a thorough christian gentleman. He was a brother of Mr. Guy M. Bryan Jr. of Houston, formerly of this city, and a son of the late Wm. Joel Bryan of Brazoria county. His father was a member of Stephen F. Austin’s second colony and with the remainder of the colony landed at the mouth of the Brazos river in 1832. His father (Wim. Joel) lived at “Druazno,” the old Bryan home within five miles of where he landed for 65 years and only died a few years ago. Mr. Bryan was a nephew of Stephan F. Austin, his mother being a sister of General Austin, and the family is one of the oldest and best known in the state. The city of Bryan was named for Wm. Joel Bryan, he owning the land on which the town was located. Besides his son, Mr. W. P. Bryan of this city, he leaves other children and several brothers and sisters. The bereaved family have the profound sympathy of all in their deep sorrow. The funeral will occur at Brazoria, the old family burying ground, tomorrow. Mr. W. P. Bryan, Maj. L. L. McInnis and J. W. Williams Jr., left with the remains this afternoon by the southbound H. & T. C. train. They were joined here by a brother from Dallas, and will be joined in Houston by a large number of relatives. The Eagle, Bryan, Texas, April 15, 1910
Resolutions of Respect The Brazos Presbytery, which has just adjourned its annual meeting at El Campo, passed the following resolutions of respect to the memory of the late Mr. E. E. Bryan: Information having reached us of the sudden death of Ruling Elder Erin E. Bryan, who was, upon time, moderator of this Presbytery, we desire to put on record this testimonial of our appreciation of him as a man and as a Presbyter. We recognize in Erin Bryan a man of strong convictions of duty and high ideals of excellence in regard to the principles of Christian manhood. He feared no man more than he feared his Lord and Master, Jesus Christ. Though somewhat censorious of the evil that expressed itself in the indifference and waywardness of others, the love of Christ constrained him to gentleness and forbearance. The glory of the Lord and the welfare of His church occupied a large place in his mind and heart. We, his fellow Presbyters, will long cherish his memory and strive to emulate his example, according as he followed Jesus. We extend to his family and church our tenderest sympathy and Christian sympathy. R. S. Red, Chairman, E. B. Lomax
The Eagle, Bryan, Texas, April 30, 1910 |
Children of
Henry B. & Julia Catherine Browning
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1. Elizabeth Angeline Mitchell (February 9, 1855 Matagorda – October 12, 1931 San Antonio, Bexar County, Texas) married June 14, 1875 in Matagorda to John Thomas Ives (1847 Texas – January 15, 1925 San Antonio, Bexar County, Texas); buried Alamo Masonic Cemetery, San Antonio, Bexar County, Texas |
2. Henry Barton Mitchell (August 17, 1859 – January 7, 1866) |
3. Julia Catherine Mitchell (September 13, 1861 Matagorda – June 25, 1948 Austin, Travis County, Texas) married December 6, 1893 in Johnson County, Texas to Holcomb Lightfoot Preston (May 8, 1863 – October 3, 1944); buried Oakwood Cemetery Annex, Austin, Travis County, TexasMrs. Julia M. Preston Mrs. Julia M. Preston, 82, widow of the late H. L. Preston, died at her home 207 West 32nd Street, Friday. She had been a resident of Austin for the past 35 years and was born in Matagorda Sept. 13, 1865. She became a member of the Episcopal Church in Matagorda, where the first Episcopal Church in Texas was established. Mrs. Preston was a longtime member of the Thankful Hubbard Chapter, DAR. She was a longtime member of All Saints Church and until she became ill 16 years ago, was quite active in the Guild. Funeral services were conducted at All Saints Episcopal Church Saturday by the Rev. Charles Sumners and the Rev. Joseph Harte. Pallbearers were F. W. Woolsey, Dr. C. P. Patterson, Banks McLaurin, F. M. Covert, Paige Benbow, Leo Martin, D. E. H. Manigualt and Robert Maxey. Austin American-Statesman, June 26, 1948 H. L. Preston Dies at Home H. L. Preston, 207 West 23rd street, died at his home Tuesday. Preston was 81 years old and head of the rate division of the state highway department. Before coming to Austin 20 years ago, he was employed by the Southern Pacific railroad. He has been a member of the Masonic order since 1892. He is survived by his widow and one daughter, Miss Katherine Preston of Austin. Funeral services will be held at 4 p. m. Wednesday at the Weed-Corley Funeral home with the Rev. Joseph Harte officiating. Burial will be in Oakwood cemetery. Honorary pallbearers will be C. L. Greenwood, Ralph Buddington, Banks McLaurin, Harry Klein of Waco and friends in the highway department.
Austin American, October 4, 1944 |
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In the name of God, Amen. I Franz or Francis Waldmann of the city of Matagorda in the county and state above written being sound in body and in mind, but having in view the shortness of life the certainty of death and the uncertainty of the time there of and desiring while time and opportunity serve, to regulate my affairs and to provide during life for the disposition of my worldly goods and effects after my death, as to me seemeth just and meet to make and publish this my last will and testament. First--I recommend my soul to the God who gave it and my body to the earth whence it came. Second—It is my will that all my just debts be honestly paid if any such I should have unpaid at the time of my decease. [Third] I give and bequeath to Catharina Breanig Waldman my faithful and well beloved wife and to all my children now living, and to all others of my children if any others there should be, whom I may leave surviving me, or who may be born to me after my death, the whole of my estate both real and personal to be equally divided among them all viz—Among the said Catharina and my Children now living and such other children of my body lawfully begotten as may survive me, or be born after my decease. The said Catharina and the said children one with another in equal division and distribution share and share alike, after the payment by my executors of all my just debts and all necessary expenses. Provided however that if my said wife shall refuse to conform to this my bequest in her behalf, and shall in lieu thereof set up a claim to a community interest with me in my said estate or in any other manner attempt to obtain any portion of such estate as I may die possessed of, otherwise than as provided for in this my Will, there and in that case my Will is, that the bequest in her behalf herein contained do stand revoked, and that she be left to pursue her community interest or other legal right as she may think fit and that all such effects, goods and chattels lands and tenements and all property whatsoever of my estate which shall remain after satisfying my creditors and the claim of the said Catharina whatever the same may be, be divided equally among my children. Fourth—In as much as one half of the following property is not mine, but belongs to the estate of my deceased wife Louise Engelke Waldmann the same having been jointly acquired by her and me during her life time, or purchased by me with funds belonging to the community between myself and my said deceased wife since her decease viz. All the cattle in the brand known as my old brand thus ___ (the cattle of the second community being branded this D on the side) one house and lot in the town of Matagorda the same which I now occupy, two other lots in said town standing in my name of this date, Six hundred and forty acres of land on the Rio Hondo. Five hundred acres on the Colorado being the residue of a tract of Five hundred and fifty five acres of which fifty five acres have been sold to Ira R. Lewis and the Negroes, Nelson, Woodfort, Maria & Emelia and Thomas or Tom with their increase—Therefore the said one half of all the said property, belonging to the said estate of Louisa Engelke Waldmann is not by this will attempted to be disposed of, but the property herein bequeathed is the other half of the same which belongs to me together with all other property of which I may die possessed, whether the same be the said one half to me belonging of the first community or property by me acquired by purchase, give devise or decent or in what manner so ever since the death of the said Louisa, and not included in the above list and my wish and will is that the said Catharina and all of my children whether of the first or second marriage should share alike in all the property which I now own or may hereafter acquire, unless the said Catharina shall set up her claim for her community half in the property which I have acquired since my marriage with here or may hereafter acquire or otherwise attempt to defeat the provisions of this Will in which event she is left to seek her own rights and debarred from all benefit by reason of any bequest herein contained in her favor, and all the residue of my estate is to be equally apportioned to and or among all all my children. Fifth—I do hereby nominate constitute and appoint my much esteemed friends John W. McCamly and James C. Wilson of the county of Matagorda to be my executors of this my last will and testament and if either should die, then the survivor to be my Executor and further it is my Will that neither of my executors shall be in any wise responsible for the acts of the other, or for property received by the other belonging to my said estate, and it is further my will and I hereby constitute and appoint my said Executors jointly and the survivor of them should either of them die the guardians of my children until they become respectively of age to choose a guardian for themselves. Sixth—It is further my will and desire that my estate shall be disposed of under this will, without the intervention of the County Court and that my executors be required to go into court only for the purpose of proving the execution of this will and to make an Inventory of my estate. In testimony of all which I have hereunto set my hand and seal this third day January A. D. one thousand eight hundred and fifty one— The words “and Thomas or Tom” between the 4 & 5th lines page 3 Interlined before signing--. In presence of Louis Basset, R. T. Vanslyke, J. W. Lilly, Witnesses Franc Waldman In the business of the Estate or Francis Waldman deceased. And now appeared in open Court John W. Lilly one of the subscribing witnesses to the last Will and Testament of Francis Waldmann, who on oath say as follows.— I John W. Lilly do solemnly swear that I am one of the subscribing witnesses to the last Will and testament of Frances Waldmann deceased that I saw him sign and seal the same having first carefully read and examined the same and professing fully to understand this said Will and that he declared the same to be his last Will and Testament and that I also saw the other witnesses sign the same and that the same was signed by the said Francis Waldmann in the presence of all the said Witnesses and that they the said Witnesses signed the same in the presence of the said Waldmann and each in presence of the other. I do further solemnly swear that the Will marked A on the back is the same here spoken of and to which this is attached.—That the said Waldmann departed this life on or about the Second of November A. D. 1851 in said county. So help me God.— Sworn to be subscribed in open Court John W. Lilly this 25th Novr 1851
M. Talbot Chief Justice Matagorda County Will Book A, pages 53-56 Inventory of the Outstanding Book Accounts
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I Charles J. Waldmann of the State and County aforesaid being at this time a member of the Military Company in the City of Matagorda called Coast Guards, and having been called into active service to participate in the present war away from Matagorda for the defense of the Confederate States do for the purpose of arranging all of my worldly affairs make this my last Will and Testament. I am the owner of meat Cattle, Horses, Real Estate, Slaves and other property and rights, a greater portion of which were derived by inheritance from my late Father and Mother. Item First—Now therefore in order to settle the rights of my property among my kindred in case of my death should it occur during my absence in any military service in behalf of my country. I hereby devise and bequeath and it is my will and intention that my two sisters of the full blood to wit Julia and Louisa Waldmann shall have and be entitled to Four Sevenths of all of my estate of every kind in moieties. And should either of my said Sisters die leaving heir or heirs, then such heir or heirs shall be entitled under this my last will to a moiety of said 4/7 of my property or the parents share, but should either of my said Sisters die without leaving surviving issue then my surviving sister of the full blood is to inherit the whole of said 4/7 of my said property. Item Second—And I also will and bequeath unto my sisters of the half blood To wit. Isabella W., Annie F. and Nanny F. Waldmann Three Sevenths (3/7) of all of my property of every kind which is to be paid or delivered to them as soon after my death as practicable as follows—My hereinafter named executors are to call in any three persons they may choose to appraise and value my estate, and to say what portion of each description of my said property shall belong to my said three half Sisters under this Will, which bequest may then be paid by my said Executors to my said half sisters either in just proportions of the several kinds of my property or in money, or in good money promissory notes as my executors may choose or decree most expedient. Always however observing said valuation in making settlement with said half Sisters: So that there may be no disputes or litigations among my said heirs. Item Third—If one or more of my said half Sisters should die without heirs before coming into actual possession of her or their share or shares of my said estate, then such share or shares of such deceased sister or Sisters shall be inherited by and become the right and property of my said Sisters of the full Blood their heirs and assigns forever. Item Fourth—If my said half sisters of the half Blood, or either of them or their Guardian should refuse to accept her or their share or share under the conditions as herein contained or should in any way embarrass my executors or either of them in settling my estate then and in that case the portion of my estate coming to such half sister or Sisters shall be the property of my full Sisters and be inherited by them their heirs or assigns, so that such half sisters objecting to my disposition of my property or in whose behalf objections are made shall receive nothing under this Will. Item Fifth—It is my will and directions that my executors shall have full power authority and control to settle and distribute my estate under this my last will free from the control to settle and distribute my estate under this my last will free from the control or the direction of the County probate and all other Courts, except to probate this Will and file an inventory of my estate, and my executors shall not be required to give a bond or security for the faithful performance of their trust. Item Sixth—I hereby appoint my firm friend William Prissick and my beloved sister Julia Waldmann joint executors of this my last Will and Testament. Should either of my Executors die or fail or refuse to execute the requirements herein, then the survivor of my Executors in case of decease of one or in case of a refusal of one to act, the other shall have all the rights and become full executor of this my last will and testament. And I give and bequeath unto my good friend Miss Minna Cheesman the sum of Fifteen hundred Dollars ($1500.00) this sum is to be paid to _____ in case of my death by my Executors in property at the discretion and valuation of my said executors This special legacy not withstanding the foregoing disposition of all my estate among my kindred is to be paid out of my property and the remainder only is to be distributed among my said kindred as I have herein before directed. In testimony of all which I have here to set my hand before the undersigned witnesses this Twenty Fifth day of September A. D. one thousand eight hundred and Sixty one. Charles J. Waldmann Signed and witnessed by us in presence of the testator and in the presence of each other, the testator first having signed in our presence. James H. Selkirk, John M. Barbour, John A. Stewart, D. E. E. Braman
In Open Court March Term A. D. 1865
Before me Matthew Talbot Chief of
Justice in and for the County Court of Matagorda County, personally
appeared John M. Barbour to me well known as a Citizen of said
County and a reliable witness above the age of fourteen years and
who being by me only sworn according to law deposes and says that he
was well acquainted with Charles J. Waldmann also late a Citizen of
this County but now deceased and deponent further on oath says that
the written document presented to this Court this day for probate by
William Prissick and Mrs. Julia Weekley dated this twenty fifth day
of September A. D. one thousand eight hundred and sixty one and
signed on the fourth page thereof Charles J. Waldmann and witnessed
James H. Selkirk, John M. Barbour, John A. Stewart, D. E. E. Braman
and purporting to be the last will and testament of said Charles J.
Waldmann deceased and here shown to the deponent is the last Will
and testament of said Charles J. Waldmann deceased and deponent
further says that said Charles J. Waldmann signed said will as here
exhibited on or about the said 21st day of And deponent further says that he there and there together with said Selkirk, Stewart and Braman signed and subscribed with their names said Will as subscribing witnesses to same on the left hand margin thereof in the presence of said testator and of each other. And deponent further says that said Charles J. Waldmann at the execution of said Will was in apparent good health and that he was of sound mind and disposing memory and fully capable of disposing of his property by Will. Deponent further says that said Charles J. Waldmann is now dead and that he departed this life on or about the 29th day of November 1864 as deponent has been informed and verily believes Said testator having been killed at the Battle of Spring Hill Ten. at that date. Subscribed and sworn to before me in open Court this 27th March A. D. 1865. John M. Barbour
M. Talbot Chief Justice Wm. M. Power Clerk C. C. M. C.
Recorded in Book B Page 93 of Letters of Adm & Guardians this the 6th day of April A. D. 1865 Which I hereby certify. Wm. M. Powers Clerk C. C. M. C.
All of said property and effects belong to the separate estate of the decedent.
The State of Texas We William D. Barbour and William Hillard two of the appraisers appointed by the County Court of Matagorda County the inventory and appraise the estate of Charles J. Waldman and solemnly swear that the foregoing is a just and true Inventory and appraisement of said estate as far as the same has ____ and to us by Wm Prissick and Julia Weekly the Executors W. Hillard Wm. D. Barbour Subscribed and sworn before me this the 27th day of March A D. 1865.
Wm M. Powers |
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Henry B. Mitchell Sealed ___ a scroll as a seal and signed in the County of Matagorda in the State of Texas this Sixth day of April one thousand eight hundred and sixty four. Sealed and signed in our presence who at his request & in his presence and in the presence of each other sign this as attending witnesses.
G. Talebrook, Jas. R. Thompson, E. A. Peareson |