LAST WILL AND TESTAMENT

When James Manor died on May 17, 1881 news traveled rather slowly and area newspapers carried only very brief announcements such as these: 

The Austin Daily Statesman on May 29th and the Weekly Democratic Statesman on June 2nd both carried this announcement; 

The La Grange Journal printed this on June 2nd;

And the Bastrop Advertiser announced on June 11th, in their news from Webberville; 

The presiding judge of the County Court of Travis County at that time was Zachary Taylor Fulmore. Located on South Congress in Austin since 1911, Fulmore Middle School, founded in 1886, was named for the Judge. 

Fulmore had moved to Austin in 1870 and this ad was printed in The Tri-Weekly Gazette on March 22, 1871;

James had prepared his detailed Last Will and Testament on May 20, 1879, when he was 74 years old. Two years later on May 14, 1881, just three days before his death, he added a codicil to the will. In the will he named close friends Thomas E. Rowe and John T. Haynes as Executors of his estate. 

(Both Mr. Rowe and Mr. Haynes were members of the original board of trustees of Gilleland’s Creek Academy, located about halfway between Manor and Pflugerville. Mr. Haynes also served in the 15th Texas Legislature from 1876 to 1879 and was Postmaster at Round Rock at the time of James Manors death)

They submitted his will to the Judge at County Court in Austin on June 23, 1881. 

Two days later the following notice was prepared by Frank Brown, Clerk of the Travis County Court and was posted on the Court House door, as well as in Manor and Webberville, by Ed Creary, Sheriff of Travis County.

“The State of Texas to all persons interested in the administration of the estate of James Manor, deceased. Tho. E. Rowe and John T. Haynes have filed in the County an application for the probate of the will of said James Manor, deceased, and for letters testamentary thereon, which will be heard at the next term of said Court, convening the third Monday in July 1881 at the Courthouse thereof in the City of Austin at which time all persons interested in said administration may appear and contest said application if they see proper.” 

At the next regular session of the County Court held in July, Rowe and Haynes were officially appointed as Executors of the Estate and for the next six weeks local newspapers were required to publish the following announcement: 

Having witnessed the writing and signing of the will by James Manor, J. W. Bitting 
and F. C. Willburn were required to appear in the Court to testify as to its authenticity. 

(For more on Mr. Bitting, go to: https://manorstories.blogspot.com/2018/11/john-walter-bitting.html)

(Mr. Willburn {spelling varies} had moved to Manor in 1872, the year the city was officially named. He served as a Travis County Justice of the Peace from 1876-1880 and again from 1882-1884. He moved to Llano in 1886, later becoming Postmaster there)

The will presented to the court began with the following statement; “I, James Manor, of the County and State aforesaid, being at this time of sound mind and disposing memory, desiring to arrange my worldly affairs before my death, do make and execute, publish and declare this to be my last will and testament”

Following that were ten different provisions. The first was “that at my death my body 
shall be decently buried, and suitably enclosed, that a plain stone be placed at it with suitable inscription and for this purpose authorize my Executors to use one hundred dollars
of my estate.”
Buried in the Manor Cemetery, his grave is marked by this monument today:

Second: He requested that all the people interested in his estate should be called together by the Executors as soon after his death as possible and his will opened and read to them. 

Third: The Executors should take immediate control of his entire estate and manage it.

Fourth: Using the money on hand, they should pay off all his just debts, and if that was not sufficient, part of his Estate known as the Mountain Home Farm, "situated about six miles north of Austin" should be sold, and the proceeds from that sale be used to pay any remaining debts.

(Apparently it was necessary to sell this land. Travis County Deed Records show that on October 18, 1881 the Executors of the estate sold 360 acres of land in the James P. Wallace 1/3 league to R. P. Roberts. The transaction was not recorded in Travis County Deed Records until June 12, 1882. Real estate records printed in The Austin Statesman newspaper on June 18, 1882 show that the executors of the estate sold two tracts of land (acreage is not exact) that were located in the Wallace league for a total of $5000.) 

(James P. Wallace had been given 2 land grants that were located in that area. The larger one was for 1 league {4428 acres} of land and the other for 1/3 of a league. The 1/3 league of land would have been “about six miles north of Austin” at the time of James Manor’s death. Today, both areas are well within the city limits of Austin, on the north side.) 

Fifth: After the payment of all his debts, all of his remaining estate, real and mixed, properties and lands, should be equally divided and given to each of his surviving children who were Matilda Jane Manor Glasscock, Elvira Tennessee Manor Davis, Lavina Henrietta Manor Thompson, Catherine Georgia Manor Wheeler, and that half of one share should be divided and given to the children of his deceased daughter Ann Elizabeth Manor Boyce, it being their mother’s portion to be divided into four equal parts for her children; Alice Stricklin, Emma Boyce, Lee Boyce and Guy Boyce. 

Sixth: His surviving spouse, Elizabeth Ann Manor should have possession “for the rest of her natural life, all his present Homestead, including houses, gin house, barn, outbuildings, and structures situated adjoining the town of Manor, with all the lands and everything thereon, on the north side of the Railway, beginning at one hundred feet from the center of the Railroad on the Manor town survey, running direct to Judge Rector’s Six Hundred and Forty acre survey, thence running with his line westward to the corner of Barnards and his survey. Then southwards back to within one hundred feet of the center of the Railroad. Then running parallel with the railway line to the Manor town survey, including of all that land in cultivation and fifty acres in cultivation, and fifty acres of timbered land on his property in the Post-Oaks located on the southwest corner of the G. C. Jennings league. Any income made from these properties would be used to care for his wife and for the education of his daughter Miss Lucy Manor, and any other child or children that might be born to him. Thirty lots of land in the town of Manor nearest to the Railway depot would be given to each such child to be sold at their discretion and at the death of his wife Elizabeth Ann Manor, all of the estate should become the sole property of Miss Lucy Manor, and any other child or children that might be born to him. He also directed that the executors should turn over to his wife, five of the best cows and calves, the stock of hogs and goats and poultry, two horses, (along with the buggy and harness) the household and kitchen furniture, a pair of mules, harness and wagon, a yoke of oxen, plows, and five hundred dollars to be used to pay for one year’s liberal supply of household provisions, (this to be estimated by the appraisers of his estate) and the crops on the grounds.” 

Seventh: He specifically stated that he wanted his friends Thomas E. Rowe and John T. Haynes appointed as executors of his estate.

Eighth: Immediately after his death the executors should make a full and complete inventory of his estate, and appoint three appraisers, who would value, appraise and divide the property. After the reading of this will, the executors should present it to the court to be probated and recorded by the Clerk of the Court of Travis County Texas.

Ninth: After the will is probated, the executors should settle his estate by collecting any debts and money due to him, sell any property as might be necessary, and prepare deeds for property given to the heirs so that the court would not need to be involved in these matters.

Lastly, he encouraged the executors to be “speedy in the discharge of their duty and energetic in the collection of debts, rents, and profits,” and then they should charge the estate a reasonable amount for their services, which was to be paid by equal division among the heirs of his estate.

A codicil added to his will on May 14, 1881 made a couple of changes. Since the making of the original will, his granddaughter Emma Boyce, had died and he stated that her portion should now be equally divided among her sister and brothers.

Then James added this final condition: “Should any one of my heirs bring suit in Court for the purpose of breaking or setting aside any part of my will, that he or she shall thereby forfeit all his or her right and title to any part of my estate.” And should this happen, that portion would then be equally divided among the other heirs of his estate.

On July 23, 1881, Judge Z. T Fulmore ordered that J. W. Bitting, F. C. Willburn and John W. Brown be appointed as the appraisers of the property belonging to the estate and John T. Haynes and Thomas E. Rowe officially became the court-appointed Executors of the Estate. 

(John W. Brown served as a Travis County Commissioner for several terms between 1859 and 1893. He may have had a direct connection to James Manor because of the railroads. In 1860 the Texas State Legislature appointed a board of ten commissioners to form a corporation called the Air Line Railroad Company. John W. Brown was one of those commissioners. The purpose of the Air Line Railroad Company was to construct a railroad from Brenham to Austin. They were given two years to complete twenty-five miles of track (later extended to three years). Having failed in this effort, they combined their company with the Washington County Railroad which already had tracks leading to Brenham. In 1869 the Washington County Railroad was acquired by the Houston and Texas Central Railroad which completed the railroad to Austin in 1871 after James Manor donated land for the right-of-way through his land grant. It seems logical that John W. Brown and James Manor would have become acquainted because of railroad business during this time.)