I, Martha B. Hardin, being of a sound and disposing memory in view of the uncertainty of life do make and publish his my last Will and Testament.
Item 1st It is my desire that all my just debts be paid out of the first monies coming to the hands of my executors.
Item 2nd It is my will that all of the property, real and personal which I may own at the time of my death shall be equally divided between all of my children in the [illegible] and subject to the provisions [illegible] and mentioned giving to the children of each of our children as have already died or who may die before I do the share to which the parent of such child or children would have been entitled had parent survived me.
Item 3rd It is my will that my executors, hereinafter named, immediately after the probate of my will, select three disinterested and competent Commissioners whose duty it shall be, after being sworn to appraise all my estate at its cash value an distribute the same as directed in item 2nd of this will, it being my desire and direction that said commissioners shall in making said divisions give to my daughter Easter Mary Hooker, if she desires it, my Negro woman, Sylvia. The said Easter Mary paying to my other heirs, whatever amount, if any, that the said Negro Sylvia's appraised value may exceed the share to which the said Easter Mary will be entitled in the equal distribution of my estate and receiving the deficiency, if any, and I also desire that my daughter, Martha B. Clemmons shall in said division receive my Negro woman, Clara Ann in the same manner and in subject to the same provisions governing the gift of the woman Sylvia to my daughter, Easter Mary. And my son, James Gibson Hardin being indebted to me in the sum of three hundred dollars money loaned by me to him, it is my will that in said division of my estate, my said son James Gibson account to my other heirs for said sum of money and that the sum be deducted from his share subject to these special provisions. I desire my property divided as recited in Item 2nd. of this Will.
Item 4th I give to my daughter, Martha B. Clemmons, one of my feather beds and suitable bed clothes to furnish it.
Item 5th My slave, Bet, having been a family servant and desiring that she shall be well provided for during her life, I exempt her from the general division of my estate and desire that the Commissioners dividing my estate shall offer her without placing any value upon her to the one of my children she may elect for her owner at the time of the division.
Item 6th It is my will that the County Court take no action in relation to my estate further than having my estate inventoried and this will probated and registered.
Item 7th I appoint my son William B. Hardin and my son-in-law, Robert Hooker, Executors of this Will and having full faith in their integrity, I will that they shall not be required to give any bond.
The testimony of all which I [illegible] at my hand, on this 26th day of December, 1861.
[signed] Martha B. Hardin
Witness of [signed] Jno. L. Henry
[signed] Jas. A. Scruggs
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State of Texas
County of Polk
Before me, Clerk of the County Court of Polk County, this day personally appeared John L. Henry, whose name appears as a witness to the above and foregoing will of date the 26th day of December 1861 and the said Jno. L. Henry having duly sworn by me, stated upon death that Martha B. Hardin signed the above and foregoing instrument of writing in his presence, her last will and testament and that officiant said James A. Scruggs signed their names to said instrument as witness in the presence of said Martha B. Hardin and in the presence of each other at the request of said Martha B.
[signed] John L. Henry
Subscribed and sworn to me on the 30th day of April A.D. 1863 in testimony I have hereunto have set my hand and official seal the date above as such.
[signed] R. W. Cubby, Clk. C.C.Polk.
I, R. W. Cubby, clerk of Polk County, do hereby certify that the above and foregoing will and affidavit thereto xxx were this day duly recorded in my office in record book 8 of wills of Polk County, recorded on page 70, 71, & 72. witnessed my hand and official seal this May 26, 1863.
R.W. Cubby, Clk. C.C.Polk by C. J. Fields, Deputy
