Texas State Library - Microfilm Reel 1019277

Office of the County Clerk

Austin County, Texas Index to Probate and Succession Records

File Number 28 - Estate of Joel Lakey Deceased

Filed August 4, 1837

 

Austin County, Texas Probate Minutes 1837-1919

1837-1842 Volume B

Pages 44 and 45

Will of Joel Leakey, son of Thomas Leakey and Ann Hadley

 

[Note:  The following record is an exact transcription of the Will of Joel Leakey.]

 

In the name of God Amen, I Joel Lakey, a native of North Carolina, Surry County, now a resident of Austin’s Colony Texas, do make this my last will and testament, revoking all others, being of sound mind and disposing memory but feeble in body and knowing the uncertainty of life, make the following dispositions of my affects.

 

Item 1st.  I will and bequeath to my wife Nancy all of my property personal and real for her to have and hold during her natural life time after her death to be disposed of as follows-

 

2.  To my daughter Nancy I will and bequeath the lob or parcel of land known as Lot Number five as will be seen by reference to the platt herewith annexed including the whole of my improvements.  I will and bequeath also to my daughter Nancy the following negroes viz. Lewis, Peter, Bluford, Jack, Stephen, Jane, Eliza and Sarah also farm horses to be selected by herself also all that part of my stock of cattle in her mark or brand-

 

3.  I will and bequeath to my daughter Rutha, that trace or parcel of land known as number two upon the platt here annexed –

 

4.  I will and bequeath to my son Thomas, my daughters Mary Asineth, Anna, and Lidia and my the son of my daughter Elisabeth the lots or parcels of land known as number one, three, four, six, seven, and eight the distribution or division to be decided by lottery -

 

Item 5.  After the death of myself and my wife I request and order that all of my estate not disposed of in this will be disposed of at public vendue, and the proceeds thereof be equally divided between my eight children or their heirs.

           

I further disclose that I have equal affection for my children but in consequence of the misfortunes of my daughter Nancy, being lame and unable to work, I felt it a duty incumbent upon me, to make such provisions for her as her situation required.

 

6.  I hereby constitute and appoint my friend James B. Miller executor to my last will and testament.

 

This I sign in the presence of the undersigned instrumental witnesses for want of a Notary Public.  January 18, 1938.  Joel Leakey (Mark)

 

Instrumental Witnesses

J. B. Miller

James Hall Junior

Jasper Barttlett

James Stephenson

John Beauchamp

David Lawrence (his mark)

 

 

Austin County, Texas Probate Minutes 1837-1919

1837-1842 Volume B

Page 111

Succession of Joel Lakey, Deceased

 

Hereupon the Court adjourned until the morning – Tuesday April 28, 1840

The Honl. Court met pursuant to adjournment

Succession of Joel Lakey deceased:

The Heirs –

Praying a partition of the real estate belonging to said succession –

 

Thomas Lakey, Mary Lakey wife of John Mackey, Assena Lakey wife of Daniel Flanagan being absent and citizens of the United States therefore the Court appoints Isaac L. Hill Curator to represent them who appeared and accepted the appointment and took the necessary oath for the purposes of carrying out the said partition.

 

The parties then being called appeared I. L. Hill curator as aforesaid for absent heirs. James Hall 3rd appeared by power of attorney for Anny Lake wife of Thomas Gray, Amos Gates for his wife Lydia Lakey, Gibson Kuykendall for Brazilla Kuykendall as Guardian.

 

Anny Lakey wife of Thomas Gray drew lot no (1) one by her attorney James Hall 3rd

Amos Gates for his wife Lydia Lakey drew lot no (6) six. 

Gibson Kuykendall as Guardian to Brazilla Kuykendall drew lot no (7) seven.

I.L. Hill as Curator for Assena Lakey wife of Daniel Flanagan drew lot no (3) three.

I.L. Hill for Thomas Lakey drew lot no (4) four.

I.L. Hill for Mary Lakey wife of John Mackey drew lot no eight (8).

 

 

The will of Joel Leakey and the Succession of Joel Lakey, deceased, was transcribed from an true copy of the original documents on September 8, 2007, by Charissa Lynne Stubbs Womack, a resident of Flower Mound, Denton County, Texas and descendant of Thomas Gray and Anna Leakey Gray

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Email text received form Chris Womack:

 

 Hi Steve,

 

I wanted to share some information with you.  I obtained a copy of the will and succession of heirs of Joel Lakey from the Austin County, Texas microfilmed records.  I wanted to give you a copy of the transcription I made of this document.  It proves that my Anna Lakey Gray is Joel Lakey’s daughter and that her husband is Thomas Gray.  I know we already knew this though census records, but I thought you might want to see it in Thomas Gray’s father-in-law’s will.  We are most excited about this in my family.

 

Joel’s will was written on January 18, 1937 and was filed on August 4, 1837 in Austin County Texas.  Joel’s wife, Nancy Lakey, died sometime in 1844, and her probate was filed on April 29, 1844.  Interestingly, next to her name in the probate index was written the work “Lunatic”.

 

I hope you enjoy this information.

 

Take care,

 

Chris Womack

Another Gray Cousin

Flower Mound, TX