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
W Fran Frampton
William H. Steele
Jabez Brillon Capel Assisting Witness - Assisting Witness
Peter M. Hughes James Kincaid A Muir
|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.)