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Will of Daniel Downer

State of Texas, County of Matagorda, June 11th 1877

I Daniel Downer of Trespalacios and of the above named county and State, by occupation a farmer and Stockraiser, being in sound mind do make this my last Will and testament, I give, devise and bequeath my estate and property real and personal as follows, that is to say. To my beloved daughter Mary all my real estate including the Homestead with the proviso that her Mother shall have a life time lease on the place to manage and control the same during her mothers life time.

Further more I will and bequeath to my daughter Mary all of my personal estate, including horses, cattle and sheep with a proviso that my daughter Mary shall help support her Mother during her life from the proceeds of the same, and after the death of her Mother she shall have all her fathers portion of the estate and to her heirs and assigns forever.

I further more will and bequeath to my daughter Annie now Mrs. Cornelius on Cashews [Cashes] Creek Matagorda County, State of Texas the sum of Twenty-five dollars to be paid at any time after my decease.

I appoint Johnathan E. Pierce of Trespalacios by occupation a farmer and stockraiser my executor of this my last Will.

In witness whereof I have signed and sealed and published and declared this instrument as my last will at Trespalacios this 11th day of June 1877.

D. Downer (Seal.)

The said Daniel Downer at his house on Trespalacios on said 11th day of June A. D. 1877 signed and sealed this instrument and declared the same as and for his last will and we at his request and in his presence have hereunto written our names as subscribing witnesses.

Witness Joseph Pybus, Wm. P. Walker

The State of Texas, County of Matagorda
In the County Court.
At the January term 1878

In the matter of the Estate of Daniel Downer decd. on the application of Johnathan E. Pierce for the Probate of his will.

In open Court on this the 21st day of January A. D. 1878 before me John L. Croom Clerk of said County Court personally appeared said Joseph Pybus a citizen of said Matagorda Co. to me well known who being first duly sworn doth depose and say on his oath as follows to wit, that the instrument of writing now shown to him purporting to be the last will and Testament of Daniel Downer deceased dated the 11th day of June A. D. 1877 and witnessed by him the said Pybus and Wm. P. Walker, and which will is marked and endorsed "A" and signed with the signature of J. T. Fry Judge, is in fact the last will and testament of said Daniel Downer decd and that his and said Walkers signatures thereto are genuine and that he and said Walker signed said Will as subscribing witness at the special instance and request of said Daniel Downer, in his presence and in the presence of each other on the 11th day of June A. D. 1877, and that said Downer on said last named day and date signed and executed said last Will and Testament in the presence of him the said Pybus and said Wm. Walker, and did then and there declare and acknowledge to him and the said Walker and in the hearing and presence of each of them that he signed and executed the said as and for his last will and Testament that they the said Pybus and Walker were each above the age of twenty one years when they signed and witnessed said will as aforesaid and that said Downer at the time of signing and executing said will as aforesaid was over the age of twenty one years and of sound mind at said time, and that he is now dead.

Joseph Pybus

Sworn and subscribed before me said John L. Croom clerk aforesaid by said Witness Joseph Pybus on said 21st day of January A. D. 1878 in open Court and while the said Co. Court was in session in the presence of the Judge on the bench.

In testimony whereof I have hereunto subscribed my official name and affixed the seal of said Court this 21st day of January A. D. 1878.

John L. Croom Clerk Co. Ct. Matagorda Co.
By Wm. E. Austin Deputy.
 

Will of Albert Silsbe
Written in letter form to his brother, Archilaus Silsbe

“Aduana Maritima de Matagorda.”   [Maritime Customs in Matagorda]

Dear Brother, I now take the opportunity to inform you that I am well at present and hoping that these few lines will find you enjoying the same. War is in our Land. I am now in the fort and town of Goliad which we took from Spaniards two months ago. There is now some discontent in the fort at this time. Our officers, our Commander in Chief at San Antonio has listened to some false reports about our captain and has sent an order for him to deliver up his commission and fort to another—which with a unanimous voice every person in the fort said no we have appointed our own Capt. and we will serve under no other. The fort now I am afraid is a going to be forsaken. There is about eighty persons in the fort at this time. There is other towns and fortifications further in the Interior, that our Capt. is a going to pay them a visit, the first is San Patricia, the next Matamoras, a town of twelve thousand inhabitants, which we are a going to march for the former in a few days, which we will take without much loss I think, for if there is much loss it will be all, for there is but twenty seven of us that volunteered to go. Out Capt. is one of the most determined men you ever saw. He knows not fear. He is determined to take Matam. With what he has got if he can not get any more on the way. We will not get any more than ten or fifteen at most. I have left my business with Moses Morrison and have given him directions about it. I think it is worth your attention. I will leave it to you and Howard equal, I would advise you to come here any how but you will find some inconveniences as well here as other places—sickness for one the first year and some perhaps the second.—Dear friends I think our expedition very dangerous the undertaking will be gone through with or death will be our fate undoubtedly, for to be taken prisoners will be death for we have no reason to look for quaters from there therefore it is victory or death.
 

Dear friends, perhaps these will be the last lines that you will ever hear from me. I am one of the sentinels tonight and it is very cold, piercing cold, and I got permission between towers to be absent and in a great hurry I wrote these lines not knowing that I should ever have another chance to send, there is a man starts tomorrow morning for Brassoria or near that place. Dear parents and all surviving friends, I am obliged to bid you farewell, for time will not permit me to say more. If it would I could write more than this paper could hold.

Nov. 23^rd 1835                                          A. Silsbe

Directed on back. [to]

Archilaus Silsbe.

Wayne, Steuben Co. N. Y.

NOTE: When the “will” was recorded in Matagorda County 1852, there was a notation that Albert Silsbe died in Texas in 1839.

[Signer of the Goliad Declaration of Independence]

Will of Wright Stanley

State of Tennessee Davidson County

Know by all men by these presents that I, Wright Stanley of Williamson County and state above mentioned, in consideration of the national [natural] love and affection which I have and bear into my beloved nephews and nieces to wit. Washington Cayce & his four brothers, Shedrick, Henry, Fleming and John and his or their Sisters, Mary Ann, Jane and Sarah Cayce all of which are the children of Hannah Cayce and for other good causes and considerations to me that said Wright Stanley hereunto moving have given, granted and confirmed and  by these presents do give grant and confirm unto the said Washington, Shedrick, Henry, Fleming, John, Mary Ann, Jane and Sarah Cayce, all and singular my right and in trust in and to ascertain parcel or lot of Negroes to wit Violet, a Negro woman about 45, Horam twelve, and Neal ten, Isabel six, Charlotte three years old all of said Negroes which they have, now in possession and the above described Negroes was left to their mother during her life by their Grandfather Martin Stanley and then to descend to the within described children their life time, estate of the said Hannah Cayce being sold to the highest bidder and I the said Wright Stanley having become the purchaser to give and behoove unto the said Washington, Shedrick, Henry, Fleming, John, Mary Ann, Jane and Sarah Cayce their heirs Executors or administrators and assigns for ever my in trust [terest] and to the above described Negroes in testimony whereof I bind myself, my heirs, Executors and administrators and assigns in testimony whereof I have here unto Set my hand and seal this the 21st day of December 1827.

Wright Stanley

Test
James H. Tucker
John W. Hodge

State of Tennessee Davidson Circuit Court

November Term 1829

This Deed of Gift from Wright Stanley to Washington Cayce, Shadrach Cayce, Henry, Fleming, John, Mary Ann, Jane and Sarah Cayce was proved in open court to be the act and deed of said Stanley by the oaths of James H. Tucker & John W. Hodge the subscribing witnesses thereto and order to be certified in Testimony whereof I, Jacob McGavock, Clerk of said Court hereunto to set my hand and affixed the seal of said Court at Office and Nashville, this 22nd Day of December A. D. 1829.

Jacob McGavock

State of Tennessee to wit.

I Thomas Stuart one of the Judges of the circuit Courts for and the judge now presiding in the Davidson Circuit Court, the State of Tennessee do certify that Jacob McGavock who has given the above attestation is Clerk of the Davidson Circuit Court that full faith and credit is due to his Official acts that his said attestation is in due form Given under my hand this 23rd Day of December 1829.

Thomas Stuart.

Registered in this office August 9th 1837.

Thomas M. Dennis, Clerk of Probate
 

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