Transcribed by Laura M. Cooper, 20 January 1996


     In the name of God Amen. I Catherine J. Borden of the Town of Columbia County of Brazoria and State of Texas being advanced in years and feeble in Body but of sound mind, do make and publish this my last will and testament.

     I give and bequeath to my grand daughter Sarah Jane Copes Five Hundred Dollars and to my two grand sons James and John Carson One Hundred Dollars each. Said legacies to be paid by my Executor of this will so soon as the same can be done without serious detrment to my estate in the opinion of my said executor hereinafter to be apointed, and trust and desire that it will be soon paid and at any rate if not very dificult and inconvenient within two years after my demise. All the balance of my estate real, personal and mixed of every nature and description, remaining after the payment of the three legacies above named and after all my just debts are fully paid and liquidated, I hereby give and bequeath to my beloved daughter Rachel Jane Underwood in case she be living but if not then to her children, equally, share and share alike.

     I do by these presents, nominate constitute and appoint my son in law the husband of my said daughter Rachel Jane viz. Ammon Underwood to be the Sole Executor of this my last will and testament, and having full faith and confidence in his honesty integrity and capacity, I hereby especially provide and direct that my executor aforesaid, or in case of his demise, those hereinafter provided and appointed in his stead shall in no wise be held accountable or responsible to any court having jurisdiction over the estates of deceased persons, further than is made necessary by the Statutes of the State of Texas, viz= merely proving validating, and regestering this will. He shall not be required to give any bond nor shall he be required to obtain any order or decree from any court to enable my said executor to sell, or otherwise to dispose of and to make full complete and perfect title to any property real or personal my said executor may deem it advisable to sell to carry out the foregoing provisions of this will or for the advantage and interest of my estate and principal heiress. And in case of the death of my said Executor, Ammon Underwood, in that event I hereby apoint my beloved daughter Rachel Jane Underwood and her oldest son, Joseph Patterson Underwood her assistant, with all the powers and priveleges and exemptions provided for in case this my said last will be executed or should have been executed by said first named executor.

     And in testimony of all the foregoing premises, I hereunto set my hand and scrawl for seal, and by these presents, publish, decree and establish this to be and to remain forever my last will and testament, hereby revoking and declaring all previous wills by me signed to be null and shall be substituted by this my last and only will and testament, which, I sign and execute in presents of the subscribing witnesses this ninth day of January, One Thousand, Eight Hundred and Seventy two.


C.J. Borden

     Signed Sealed (by scrawl) declared and published by said Catherine Jane Borden as and for her last will and testament in presents of her the said Catherine Jane Borden and by us the undersigned in the presents of each other we three witnesses have hereunto affixed our proper names and signatures.

Wittnesses
Simon Fraser
J.P. Taylor
W. Theall.