Will of James Brien Walker

1922 Roosevelt Co NM

I, James Brien WALKER, now residing at Redlake, New Mexico, being now in strength of body and sound and disposing, but sensible of the uncertainty of life, and desiring to make disposition of my property and affairs, while of sufficient and sound mind, do hereby make, publish and declare this to be my last will and testament, hereby revoking and cancelling all other and former wills, by me at any time made.

I. I direct my executor herein to pay all of my just debts and liabilities, funeral expenses and expenses of my last illness, and request that he be first satisfied that the sums are legally due before allowance or payment of same.

II. It is my intention by this Will to to dispose of all my property whatsoever kind or nature, and to this end I will and bequeath to my daughter, Willie PHILLIPS, the sum of One Hundred Dollars, and that after all expenses are paid and the said bequest of One Hundred Dollars to my said daughter is paid, then I will and bequeath to the following named persons, who are my heirs and only heirs. I have been married three times during my life, and that the said Willie PHILLIPS was the only child born to myself and first wife. That to my second marriage there were born, two children, Jessie WALKER, whom married, but now deceased, leaving only one child, Bryan CARAWAY (CONOWAY-see note),. of Birmingham, Ky, and Zeno LOCHEAD, nee WALKER, of Birmingham, Ky. That to my last and third marriage there were born the following children, James C. WALKER, Wichita Falls; Texas, Ellis D. WALKER, Glendale, Ariz.; Lula May (Lulu Mae) COX ( My grandmother), Wichita, Kans; Ruth PETZWAL, Sacremento, Ca, and Birtha ADAMS, now deceased, leaving one child, James O ADAMS. That I desire that the remaining part of my estate after the payment of the said One Hundred Dollars to Willie PHILLIPS to go as follows, to wit:

My grandson, Bryon CARAWAYsum of One Dollar;
My daughter, Zeno LOCHEAD, the sum of One Dollar;

After the above payments and bequests are made, I will and bequeath the balance of my estate, real, personal or mixed, whereever the same may be situated, that I may die seized of or possessed of, to be divided equally between the following named children and grandson, share and share alike, said children and grandson, whose naes and addresses are as follows:

My Son, James C. WALKER, Wichita Falls, Texas
My Son, Ellis D. WALKER, Glendale, Ariz.
My Daughter, Lula May COX, Wichita, Kansas
My Daughter, Ruth PETZWAL, Sacremento, Ca.
My Grandson, James O. ADAMS, son of my deceased daughter, Birtha ADAMS.

III. The interest hereby bequeathed to my grandson, James O. ADAMS, son of my deceased daughter Birtha ADAMS, is to be invested by my executor in United States Savings Bonds, if they can be secured at a good rate of interest, or in saving department of some good, reputable banking institution, where said funds may bear interest ; said interest accumulating until said beneficiary shall have reached the age of twenty one years, or until said grandson shall marry, in either event said bequest to be delivered to him and a receipt from him shall avoid all or any liability from my said executor.

IV. My estate at this time is as follows:

$4000.00, secured by approximately 477 acres of land, due on notes given by A. K. ATKISSON and wife; $1000.00, secured by approximately 320 acres of land, due on note given by C. V. HARRIS; $500.00, on account or note due by Ben SMITH of Portales, N.M. $546.00, secured by house and lot in Clovis, N.M., one note given by J. Simpson MORGAN, of Clovis, NM $1600.00, due on note given by my son, Ellis D. WALKER and wife. $150.00 in First National Bank of Clovis, N.M.

V. I hereby nominate, constitute and appoint M. B. JONES, of Portales New Mexico, my sole executor of this my last will and testament, with full power and authority to manage my said estate, and that before said executor shall enter upon his duties, I desire that he give bond according to law, and when he has performed all things required by my said will and according to law, that he divide my said estate according to my wishes set forth above among the beneficiaries therein.

VI. In case of the death of any of these beneficiaries without children, then the part of my estate herein given to said child or children or grandsons, shall revert to my estate and be divided according to the provisions of this will. In case I should or have made any advances to any of the beneficiaries herein, then said advances are to be charged against beneficiary or beneficiaries who have recieved said advances, and said advances are to be deducted from the amount coming to them.

IN WITNESS THEREOF, I, James Brien WALKER, have to this my last will and testament, subscribed my name this the twenty-eighth day of December, A. D. 1922

The witness signatures on this will are undecipherable. The certificate of proof of will is signed by R. H. GRISSOM, County Clerk, Roosevelt County, New Mexico

Submitted by Beverly Edwards


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