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Wife’s Will

I’m sure you’ve come across the will of a wife. However, have you discovered a will for a wife written before the death of the husband? I have to admit that I don’t think I’ve found such a situation before.

As I was working thru Ancestry hints for John Carroll Crawford (1824-1901), I found the will of his wife, Maria Josefa De La Garza. This will was written in 1871.

page 110

Last Will and Testament of Josefa Crawford, Deceased

I, Josefa Crawford, a resident of the County of Bexar and State of Texas
being of sound mind and disposing memory, do make declare and publish
this my last will and testament Item 1st: I leave all my property
and estate, real, personal and mixed, and as well separate as community
property to be divided by and between my husband, John C. Crawford and
the children of our bodies begotten, or be to begotten, according to the law of
descent and distribution of this State. Item 2d In case my said
husband survives me I appoint him my sole Executor with full power to
manage, control, use, dispose of sell, mortgage or exchange all or any
part of my said property and Estate as he may deem best for the interests
of my said heirs; nor shall this power cease unless said John C. Crawford
shall marry. IN which event I desire that all of my said Estate be divided
among my said heirs as indicated in Item no. 1. All my said children to
share and share alike. Item 3rd. I desire that no action be had in the
District or other court, in the Administration of my Estate except what
is imperative in law, to-wit: to prove and record this my las will
and testament. Item 4th: I especially desire and request that no
bond be required of my said executor. In testimony whereof I
have hereunto signed my name in the presence of subscribing wit
nesses at San Antonio Texas this 9th day of November A.D. 1870
Josefa Crawford
Witness
Ferd HErff, E. J. Chavez

The State of Texas
County of Bexar
Dist. Court &c, June Term, 1871 No 934, Estate
of Josefa Crawford Dec’d & Proof of last will and
testament of Josefa Crawford Dec’d. This day, personally appeared in
open Court E J Chavez who being duly sworn as a witness in the above
entitled matter, and examined on behalf of the applicant to prove

page 111
said Will, say, I was well acquainted with Josefa Crawford dec’d during
her life time; I knew the above decedent for about twenty five years before
her death, the signature of said deceased to the instrument now shown to
and offered for probate as the last Will and Testament, and bearing date
9th of November in the year A.D. 1870, was made by the deceased at her
residence County of Bexar San Antonio Texas in presence of myself, E J
Chavez; and Dr. [G] Herff, the other subscribing witness, all of said wit-
nesses being over the age of fourteen years. At the time of the making of
said Will the testator was of sound and disposing mind and memory, and
she declared the said will so made by her to be her last will and test-
ament and I thereupon signed my name as a witness, together with Dr.
[G.] Herff; and ’ at the request of said testator, in her presence and in the presence of each other. The said deceased at the time of the executing of said instrument, was about thirty five years of age , the said Josefa Crawford departed this life on the 28th day of March A.D. 1871 about four months and a half after making said Will E J. Chavez Sworn to and subscribed before me this 9th day of June A.D. 1871 M. Slocum Clk D.C.B.Co. The State of Texas County of Bexar Dist Court &c., June Term 1871. No 934 Estate of Josefa Crawford decd. Proof of last will and Testament of Josefa Crawford, Dec’d This day, personally appeared in open Court Dr. G. Herff , who being duly sworn as a witness in the above entitled matter, and examined on behalf of the applicant to prove said Will, say. I was well acquainted with Josefa Crawford dec’d during her life time. I knew the above decedent for about ten years before her death; the signature of said deceased to the instrument now sown to me and offered for probate as the last Will and Testament, and bearing date 9th of Nov int he year A.D. 1870 was made by the deceased at her residence county of Bexar San Antonio Texas in presence of myself Dr g Herff ; and E. J. Chavez, the other subscribing witness; all of said witnesses being over the age of fourteen years. At the time of the making of said Will the testament was of sound and disposing mind and memory, and she declared the said Will so made by her to be her last will and testament, and I thereupon signed m name as a witness, together with E. J. Chavez; and ; at the
request of the said testator; in her presence and in the presence of each
other. The said deceased at the time of the Said Josefa Crawford departed this
life on the 28th day of March, A.D 1871. about four months & a half
after making said will.
G. Herff
Sworn to and subscribed before me the 21st day of July A.D. 1871
M. Slocum Clk D.C.B.Co.
Filed March 31st 1871 and duly recorded August 5th A.D. 1871

Texas, Wills and Probate Records, 1833-1974, Josefa Crawford, 9 November 1870; digitized images, Ancestry.com (www.ancestry.com : viewed online 11 January 2024).

Since this document includes the death date of Josefa Crawford as 28 March 1871, I searched for an obituary or other news announcement. Unfortunately, I did not find anything for Josefa Crawford. But, I did find an obituary for her daughter, Grace Crawford, who died in 1920.

San Antonio Evening News
2 Jul 1920 page 12

At the Loring Mortuary
Crawford — Miss Grace Crawford, 53 years of age, died at Kerrville Thursday morning at 5:30 o’clock, after a brief illness. Her death was unexpected and caused great sorrow among her numerous friends. Her body will be brought to this city and the funeral will be held form the residence 829 Guenther Street, Friday afternoon at 3 o’clock. Miss Crawford as born September 14, 1856, in San Antonio, and was the daughter of an early pioneer, well known in Texas history. She is the sister of the late Charles K. Crawford, for many years Count Commissioner of Bexar County. Her mother, Mrs. Josefa G. Crawford, was a descendant of both the Nuevo Leon settlers, who came to this city in 1718, and the Canary Islanders who came in 1731. She leaves behind to mourn her untimely death three sisters, Mrs. E. G. Trueheart and Misses Lizzie and Mary Crawford, besides many other relatives which include many of the best citizens follows: James Trueheart, John Trueheart, George Trueheart, Manuel Yturri, Robert Yturri and Burt DeWitt. The funeral services will be read by Rev. Arthur Jones. Interment will be made in City Cemetery No. 1

“At the Loring Mortuary,” San Antonio Evening News (San Antonio, Texas), 2 July 1920, page 12; digital images, Newspapers.com (www.newspapers.com : viewed online 11 January 2024).

Since my knowledge of Texas history is minimal, I turned to Google for help learning more about Josefa’s ancestry. While my search was not ver fruitful, I did find a Wikipedia article for Josefa’s father.

https://en.wikipedia.org/wiki/Jos%C3%A9_Antonio_de_la_Garza

Finding Josefa’s will led me to learning that her family was instrumental in the settlement of the San Antonio area.

3 thoughts on “Wife’s Will”

    1. Randy,
      Great questions! Even though most of the children were young, her husband did not remarry. Since this is my version of ‘quick and dirty’ research, I haven’t looked for the inventory or distribution. I have a post that will be published on 1/31/2024 answering your questions.

  1. Pingback: One Thought Questions – Heartland Genealogy

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