The Writings of Sam Houston, Volume VIII

WRITINGS OF 5AM HOUSTON, 1863

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Fifth. To my dearly beloved wife, Margaret, I confide the rearing and education and moral training of our sons and daughters. Sixth. To my eldest son, Sam Houston, Jr., I bequeath my sword worn in the Battle of San Jacinto, it never to be drawn only in defence of the Constitution, the Laws, and the Liberties of his Country. If any attempt should ever be made to assail one of these, I wish it to be used in its vindication. Seventh. It is my will that my library should be left at the disposition of my dear wife. Eighth. To my dearly-beloved wife, I bequeath my watch and all my jewelry, subject to her disposition. Ninth. I hereby appoint my dearly-beloved wife, Margaret, Testamentary Guardian of my children, their persons and estates during their minority. But should a wise Providence, through its inscrutible decrees, see fit to deprive our offspring of both parents and make them orphans indeed, it is hereby delegated to my executors who are hereby confirmed: J. Carroll Smith, Thomas Carothers, Thomas Gibbs, and Anthony M. Branch, to make such disposition in regard to their welfare as they may think best calculated to carry out the designs expressed in this my last will and testament. Tenth. And I direct and enjoin my Executrix and my Execu- tors that after the probate and registry of this my last will and testament, and return of inventory of my estate, the County, or other Courts of Probate shall have no further control over my executors, or testamentary Guardian of my estate. Done at Huntsville, the second day of April, 1863. Acknowl- edged in the presence of the undersigned witnesses at my request.

Sam Houston [Rubric].

Witnesses: James R. Cox Joab Banton W. H. Randolph W. T. Robinson

The State of Texas, Walker County. Personally came into open court J oab H. Banton . and made oath that he had examined the Instrument of writing 4ereto attached, filed the 17th day of August, 1863, as the last will of Sam Houston, that the said Sam Houston declared the same to be his will and Testament, and that the affiant signed the same

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