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James Tylee’s 1835 Will


Text of Tylee Will


In the name of God, Amen.

I James Tylee a native of the City of New York in the United States of the North, and now a Colonist in Austin’s Colony, being by Divine Providence, in sound mind (and) health of body, supplicating from the Divine (and) Tender mercies of our Lord (and) Redeemer, pardon for all my sins (and) faults, (and) that he take my soul into the beatitudes of his presence, fearful of death, which is so natural (and) necessary to every human creature, (and) uncertain in its home, to be prepared with testamentary dispositions when it aims to render with due reflection (and)deliberation all matters, touching my conscience to avoid with perspicuity all doubts (and) lawsuits, which otherwise might be excited after my decease, I do make authorize (and) ordain my will and testament in the following manner.

I commit my soul to God our Lord that created it from nothing, and I give my body to the Earth from which it was formed, (and) will that it be interred with decency.
I declare that I have been married, but am now separated from my wife, by her abandoning my bed (and) board, (and) that I have no children legitimate or natural.

(I give) I give and bequeath unto Mrs Martha Lee of Peterborough Upper Canada, all of my property and effects both moveable and semovient, real, personal (and) mixed, rights (and) actions, and I hereby institute for my only (and) universal heir (and) successor, the said Martha Lee aforesaid.  From my moveable and semovient property, it is my will that all my debts, (and) all just claims against me be immediately discharged.

And to fulfil all that this Testament contains I appoint Ira R. Lewis of Matagorda (and) Daniel Tylee of New York, my brother, my testamentary executors (and) each in solido.

And by the present I revoke and annul all the Testaments (and) dispositions in Testaments which I have formerly made, whether by writing or verbally or in whatever other manner, in order that they may be of no force or value, neither judicially nor extrajudicially, except this, testament which it is my will shall be esteemed and received as such, and that it be observed (and) fulfilled as my last and deliberate wish.

(Thus) Thus I make, authorize and sign it in the presence of HC. Hudson, Second Judge in this jurisdiction of Austin, on the     day of     Eighteen hundred and thirty five, being witnesses, settlers in this colony, (and) called and supplicated by me for this purpose, (and) I the said Judge, certify that I know the Testator James Tylee  (and) the witnesses before named (and) that this will was executed in my presence and with my authority which I authenticate by signing with assisting
Witnesses, according to Law
HC. Hudson (Judge)               James Tylee

Witnesses
W Fran Frampton
William H. Steele
Jabez Brillon Capel               Assisting Witness - Assisting Witness
Joseph McAllister
Peter M. Hughes               James Kincaid               A Muir
Jno Carson
John McMullen

|Endorsed|  "Filed in this office  May 1837. JB. Johnson Clerk."
Republic of Texas The foregoing last will and testament County of Austin with the certificate endorsed on the envelope, and the letter of instructions attached to it, (and) the letter of IR. Lewis, also attached are recorded in the Probate Records of this County Book A Pages87, 88, 89 (and) 90. Town of Austin 13. Nov. 1837. Joseph H. Barnard, Probate Clerk Pro. Tem.

Clerk’s Note:  (This is our interpretation of the handwriting and therefore a more exacting examination may find discrepancies. Items in italics indicate that we were particularly uncertain of a particular word or name.) 


County Clerk's News

Probate Division Has Moved

The County Clerk's Probate Division is now located at 200 West 8th Street, Ste. 140, Austin, Texas, 78701, in the new Probate Courthouse. As of March 24, 2020, the Travis County Clerk has modified operations and has closed all office lobbies in an effort to minimize face-to-face interaction due to the COVID-19 pandemic. The Probate Division conducts business via eFile, mail, telephone, and email during regular business hours. All documents that require hand delivery will be accepted by appointment only. Please call (512) 854-9188 to speak to a clerk to set an appointment or email your request to This email address is being protected from spambots. You need JavaScript enabled to view it.. More information is available at the Probate Court website.

About Dana

Dana has always been inspired by public service. Her interest led her to obtain a Masters Degree from the LBJ School of Public Affairs and ultimately to run for public office. Since her election as County Clerk in 1986, Dana has devoted herself to bringing high ethical standards, effective and cost efficient management practices, the benefits of new technology, and high quality customer service to the office of the County Clerk. The Clerk’s Office has a wide range of responsibilities including the conduct of elections; the filing and preservation of real property records; and the management of civil, probate, and misdemeanor court documents.... Read More

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Dana DeBeauvoir
Travis County Clerk
P.O. Box 149325
Austin, TX 78714
   
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Travis County Courthouse

 

Address: Mailing Address:
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1000 Guadalupe Street
Austin, TX   (View Map)
Dana DeBeauvoir
Travis County Clerk
P.O. Box 149325
Austin, TX 78714
   
Hours: Main Phone: 
8:00 AM - 5:00 PM
Monday - Friday
(512) 854-9188 
   
Divisions at this Location:  
Civil
Misdemeanor
 Records Management


   
Texas Public Information Act Requests
This email address is being protected from spambots. You need JavaScript enabled to view it.
 

Travis County Probate Courthouse

 

Address: Mailing Address:
Travis County Probate Courthouse
200 West 8th Street, Ste. 140
Austin, Texas, 78701  (View Map)
Dana DeBeauvoir
Travis County Clerk
P.O. Box 149325
Austin, TX 78714
   
Hours: Main Phone: 
8:00 AM - 5:00 PM
Monday - Friday
(512) 854-9188 
   
Divisions at this Location:  
Probate



   
Texas Public Information Act Requests
This email address is being protected from spambots. You need JavaScript enabled to view it.
 

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The Travis County Clerk maintains the county's records, administers elections, and oversees legal documentation (such as property deeds, marriage licenses and assumed name certificates).


Main Phone Line: (512) 854-9188 | 24 Hour Voter Hotline: (512) 238-VOTE (8683) | Election Division: (512) 854-4996 | Misdemeanor Division: (512) 854-9440