Israel D. Maloney executed his Last Will and Testament in Fannin County, Texas on 1 Oct 1885. He directed sale of his personal and real property by his Executors ( sons Alonzo and W.C. Maloney), the proceeds to be let out on interest to be paid annually to his wife, Mary J. Maloney for her support. Midway through the drafting of the will, Israel Maloney died and the will was continued by his attorney, E. W. Cummins, who was present at the time, from his prior discussions with Israel. To Wit: It was the wish of the deceased that his executors proceed to settle his unsettled business at once after his death and that the heirs of his deceased children be equal to his living children; that is Eugenie A. Hedgepeth heirs, James Hedgepeth and May Hedgepeth be equal to one heir of the estate and the heirs of Mary A. Stout; Ruben Stout, Nina Stout and David A. Stout be as one heir to his estate and that heir of Parsada Mosely; Mary E. Potts be as one heir to his estate and that his executors... manage the part going to the minor heirs of his deceased children and to be paid to said minors by his executors when they become of age and not any sooner and that his two sons, for their extra trouble, that is Alonzo and W. C. Maloney, each have one hundred dollars more than the other heirs to compensate them for their services in settling up his estate and controlling the business of the minor heirs and it was understood by me that heirs were all to be equal in his effects in case the said Mary J. Maloney did not marry and at her death his effects was to be equally divided as herein stated and not before. Mr. Cummins notes that Israel was of sound mind and memory at the time and remained so up to the time of his sudden death of heart disease.
Israel D. Maloney executed his Last Will and Testament in Fannin County, Texas on 1 Oct 1885. He directed sale of his personal and real property by his Executors ( sons Alonzo and W.C. Maloney), the proceeds to be let out on interest to be paid annually to his wife, Mary J. Maloney for her support. Midway through the drafting of the will, Israel Maloney died and the will was continued by his attorney, E. W. Cummins, who was present at the time, from his prior discussions with Israel. To Wit: It was the wish of the deceased that his executors proceed to settle his unsettled business at once after his death and that the heirs of his deceased children be equal to his living children; that is Eugenie A. Hedgepeth heirs, James Hedgepeth and May Hedgepeth be equal to one heir of the estate and the heirs of Mary A. Stout; Ruben Stout, Nina Stout and David A. Stout be as one heir to his estate and that heir of Parsada Mosely; Mary E. Potts be as one heir to his estate and that his executors... manage the part going to the minor heirs of his deceased children and to be paid to said minors by his executors when they become of age and not any sooner and that his two sons, for their extra trouble, that is Alonzo and W. C. Maloney, each have one hundred dollars more than the other heirs to compensate them for their services in settling up his estate and controlling the business of the minor heirs and it was understood by me that heirs were all to be equal in his effects in case the said Mary J. Maloney did not marry and at her death his effects was to be equally divided as herein stated and not before. Mr. Cummins notes that Israel was of sound mind and memory at the time and remained so up to the time of his sudden death of heart disease.
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