Isaac James Lewellen, Bell Co., TX (Last Will and Testament)
Billie Harris - Oct 22, 2008
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Re: John Lewallen TN>Washington Co, AR
Posted by: Jean Brand Date: February 10, 2001 at 06:28:24
In Reply to: Re: John Lewallen TN>Washington Co, AR by Geraldine Graves of 827
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Descendants of Isaac James Lewellen
1. ISAAC JAMES7 LEWELLEN (JOHN6, ANDERSON "GRANT"5 LEWALLEN, DANIEL ALEXANDER "LLEWELLYN"4 LEWELLEN, DANIEL3 LLEWELLYN,JR, DANIEL2, JOHN1) was born August 08, 1834 in TN, and died 1908 in Temple, Bell Co., TX. He married (1) NANCY MCDONALD. She was born 1836, and died 1888. He married (2) FANNIE LANE. She was born Bet. 1834 - 1873, and died Bet. 1888 - 1900. He married (3) SAPHAMA DAVIS. She was born Bet. 1834 - 1844, and died Bet. 1900 - 1944.
Notes for ISAAC JAMES LEWELLEN:
State of Texas. )
) Know All Men By These Presents:
County of Bell )
That I, Isaac Lewellen of said County and State, being in good health and sound mind and disposing mind, memory and judgement, and wishing and desiring to settle all my worldly affairs while living, do make, publish and declare this my last Will and Testament, hereby revoking all wills by me at any time heretofore made.
FIRST:
I direct that all my just debts shall be paid out of my estate without delay.
SECOND:
I will, devise, give and bequeath unto my children, Walter L. Lewellen, James W. Lewellen, Mary S. Lewellen and John G. Lewellen in share and share alike, in fee simple, the following described property, to-wit:
(a) One hundred (100) acres of prairie land, the same being part of my present homestead situated in Bell County, Texas, about three (3) miles East of Temple near the waters of Cottonwood and Little Elm Creeks, which said one hundred acres is more particularly described as follows: Beginning at the S. W. corner of a tract of one hundred acres conveyed by William Hearne to me; thence N. 71 W., 751 vrs. to corner; thence N. 19 E./751 vrs. to corner; thence S. 71 E. 751 vrs. to N. W. Corner of said 100 acres conveyed to me by said Hearne; thence S. 19 W./ 751 vrs. to the place of beginning and being the same 100 acres conveyed to me by William Hearnr, as evidenced by his title bond of date February 27th. 1875 of record in Volume 35 and pages 593 and 594 of Bell County Real Estate records; and the N. 49 and a fraction acres which tract was also conveyed to me by A. J. Harris on the 21st. day of November, A. D. 1885, which deed of conveyance is here referred to and is recorded in Book 53, pages 602, 3, 4, Deed records of Bell County, Texas.
(b) Fourteen and 19/20 (14-19/20 acres more or less a part of the Naximo Moreno Eleven League Grant in Bell County, Texas, beginning at J. W. Moreno's N. W. corner in the Lancaster East line; thence N. 19 E. 407-22/50vrs. to a stake in Lancaster line; thence S. 71 E. 205-37/50 vrs. to Lewellen's West line; thence S. 71 W. 407-22/25 vrs. with Lewellen's west line to a stake in Moore's North line; thence N. 71 W. 205-37/50 vrs. to place of beginning and being the same property conveyed to me as evidenced by deed of date May 28th, 1887 by F. H. Ayers and of record in Volume 62 at pages 112 and 113 of Bell County, Real Estate records.
(c) Eight and 9/10 (8-9/10) acres of land out of thr Maximo Moreno Eleven League Grant in Bell County, Texas, beginning at the S. W. corner of the 6-1/4 acre tract conveyed by Willaim Hearne to me; thence N. 71 W. 305 vrs. to N. W. corner of J. W. Moore's fifty acres; thence N. 19E. 165 vrs. to corner; thence S. 71 E. 305 vrs. to Lewellen's N. W. corner; thence S. 19 W. 165 vrs. to place of beginning and being athe same conveyed to my by W. H. Cantrell and J. F. Halligan as shown by deed of date October the 23rd. 1897 of record in Volume 115 at page 458 of Bell County deed records.
(d) Six and 1/4 (6-1/4) acres of land on Big ElmCreek in Bell County, Texas, beginning at the N. E. corner of J. W. Moore's fifty acre tract; thence N. 71 W. 170 vrs. to corner; thence N. 19 E. 165 vrs. to corner; thence S. 71 E. 190 vrs. to corner in Big Elm Creek; thence down said creek with its meanders to the place beginning; and being the same conveyed to me by instrument of date December 26th. 1873 by William Hearne by W. T. Rucker, Agent, of record in Volume T at page 245 and 146 of Bell County Deed Records.
(e) Twenty-seven and one hald (27-1/2) acres of land more or less known as Lots Numbers Four (4) and Five (5) in Section no. One (1) in Nueces County, Texas, and being the same conveyed to me by the Texas Land and Cattle Company, Limited, as evidenced by deed of date February 28th. 1898, of record in Volume 4 at pages 122 and 123 of Nueces County Deed Records.
(f) All household and kitchen furniture of whatever nature, kind, class or character, and all personal property and stock that including cattle, horses, mules, hogs, and fowls, that may be farm machinery, plow tools, apparatus and farm implements of every nature, kind, class or character that may be situated in Bell County, Texas at the time of my death, and all personal property whatsoever of which I shall die seized and posessed and which shall be situated at the time of my death in Bell County, Texas.
(g) All moneys and cash on hand wherever situated of which I shall die seized and posessed. All of which real estate and property above mentioned it is my will and desire shall descend and vest in the said Walter L. Lewellen, James W. Lewellen, Mary S. Lewellen and John G. Lewellen in fee simple title in share and share alike. I also will and declare that none of the real estate described above shall, under any circumstances, be sold for any purpose under any order of the Court, except as follows: after the said property under proper orders of the Court should be partitioned and divided by said children, then at its discretion, the Court may direct that the interest of either child may be sold after the said child has become at least eighteen years of age.
(THIRD) I will, devise, give and bequeath unto my wife, Mrs. Fannie Lewellen, the following described property, to-wit: the same being a certain lot, tract and parcel of land in Bell County, Texas, designated and described as the W. 25 ft. of Lot No. 6 and the E. 50 ft. of Lot No. 7 in Block No. 5 of the A. F. Bentley's Addition to the city of Temple, Bell County, Texas, and I further direct that in case the said Mrs. Fannie Lewellen should not live as long as I do then my death, the foregoing property shall descend to ans the title therein vest in the surviving heirs at law of Mrs. Fannie Lewellen.
(FOURTH) And out of the residue of my estate, real personal and mixed, remaining after the satisfaction of all the foregoing bequests I will, bequeath and devise unto my said wife, Mrs. Fannie Lewellen the sum of Five Hundred ($500.00) Dollars to be first paid in Beauchamp I give, bequeath and devise the full sum of Five Hundred ($500.00) Dollarsto be next paid in full out of the such residue and the balance of my estate, real personal and mixed, remaining after the satisfaction and payment of all the foregoing bequests, I will devise and bequeath in six parts unto Orlena Beauchamp, William H. Lewellen, Mrs. Fannie Smedley, Mattie R. McLain, Henry E. Lewellen and Columbus C. Lewellen, in fee simple title, each of said six children to receive in fee simple title and undivided one-sixth (1/6) interst of said bequests to Mrs. P. L. Beauchamp and Mrs. Fannie Lewellen.
(FIFTH) It is my will that the lot and parcel of land described in Paragraph 3 of this Will, as well as the bequest ofFive Hundred Dollars which I have made to mrs. Fnnie Lewellen, or devised and bequeathed to her in lieu of and as substitute for all the interest which she may have in my estate; and in the event that she should decline to accept the same and waive all her right to my remaining property, then her rights under this will are forfeited, and she shall neither take the said tract of land in Temple as her homestead nor the Five Hundred Dollars provided for herm and in that event the same shall go to all my heirs at law as if there were no will, and they shall take the property devised to them in this will, and they shall take my homestead subject to her rights therein and shall also take all other property free from any claim which she would have had, had there been no will, in other words, in case my said wife declines to accept under this will, then she shall only receive her homestead rights in the two hundre acres of land upon which we live.
(SIXTH) I appoint G. M. Holbert and F. F. Dorms executors of this my last Will and Testament, and direct that they shall execute bond as such and I direct that no preceedings be had in any of the Coutrts of this country in the administration of this, my last Will and Testament, and I will and direct that said said executors have full power to sell, handle and manage and dispose of my said extate, real, personal and mixed, in such manner as in their discretion my seem proper and they may make any deed, instruments and conveyance they may see fit, either in the management and administration of my estate or in the partition thereof.
(SEVENTH) In case of the death of either of my Executors here appointed or in case either of them refuse to accept this trust, or to act, then the one that does accept this trust and act shall have full power to act, and to do all things herein that both of them are authorized under the terms thereof to do.
In TESTIMONY WHEREOF, I subscribe this, my last Will and Testament in the presence of A. L. Curtis and Annie Van Doren who subscribe their names as attesting witnesses in my presence and in the presence of each other and at my request, this the 12th day of April, A. D. 1906.
Signed Isaac Lewellen
WITNESSES:
A. L. Curtis
Annie Van Doren
(transcribed by Jean Brand August 27, 2000)
More About ISAAC JAMES LEWELLEN:
1: June 03, 1909, Raymond H. Bostick ( rbostick@swbell.net) has this death date
Burial: Lancaster Cemetery, near Temple.
Civil War: Dorothy also has death date as " about Feb., 1909."
Children of ISAAC LEWELLEN and NANCY MCDONALD are:
i. WALTER L.8 LEWELLEN.
ii. JAMES W. LEWELLEN.
iii. MARY S. LEWELLEN.
iv. JOHN G. LEWELLEN.
v. ORLENA LEWELLEN, m. A. L. BEAUCHAMP.
vi. MATTIE RUTH LEWELLEN, m. J. M. MCLAIN.
vii. COLUMBUS C. "LUM" LEWELLEN.
viii. DELIA F. LEWELLEN.
ix. PERNETTA LEWELLEN, m. MR. BUEAUCHAMP.
x. MINNIE ELLENDER LEWELLEN, b. April 07, 1862, Chambers Co., AL; d. TX; m. JESSIE MIDDLETON SMEDLEY, February 01, 1891, TX; b. April 07, 1862, Chamblers Co., AL; d. January 17, 1936, Alabama.
More About JESSIE MIDDLETON SMEDLEY:
1: June 04, 2000, Recd this lineage from Dorothy Campbell
xi. WILLIAM HARRISON LEWELLEN, b. March 23, 1868, Fayette Co., TX; d. Abt. 1953; m. NANCY ELIZABETH JONES, December 25, 1895, Temple, Bell Co., TX; b. August 26, 1874, Talbot, GA.
xii. HENRY ELMER LEWELLEN, b. 1877; d. 1939, Shep, Taylor Co., TX; m. ROSA B. JONES; b. 1879; d. 1959, Shep, Taylor Co., TX.
More About HENRY ELMER LEWELLEN:
Burial: Shep Cemetery, Shep. Taylor Co., TX
More About ROSA B. JONES:
Burial: Shep Cemetery, Shep. Taylor Co., TX