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Affidavit from Isaac L. Hill

Affidavit from Isaac L. Hill

Text of Hill Affidavit

Republic of Texas
County of Austin

Before me John H Money, Chief Justice of said County, appeared Isaac L. Hill of San Felipe in said County, Administrator of if the estate of James Tylee deceased, and who being duly sworn doth depose and say that he was acquainted with Jacob Ebberly late of Bastrop in the County of Bastrop deceased, and that by the last will and testament, and memorandum of the Testator thereto annexed, it appears that said Testator, during his lifetime, purchased from said Ebberly, one half of a league of land, being part of said Ebberly’s headright and that said Testator received from said Ebberly a Bond for a title to said land, and that said Bond was placed by said Testator in the hands of Alexander Somerville Esquire of San Felipe, and that this deponent demanded the delivery of said Bond to this deponent as Administrator, and said Somerville informed this deponent, that said Bond was destroyed with other papers of said Somervillle, at the time of the burning of San Felipe, (and) the Mexican invasion.  And this deponent further saith that during the month of September 1840. this deponent demanded a conveyance of said land to the Estate of said Testator, and that said Ebberly replied that he was bound to make such conveyance, and that there was a small balance due said Ebberly thereon (and) that he would make such conveyance whenever called on, after having had an opportunity to refer to his books and ascertain which balance was due him said Ebberly from said Testator, and that said Ebberly could not immediately ascertain said amount, but would attend to it and make said conveyance, and said deponent further saith that said conveyance was not made during the lifetime of said Ebberly, to the best of this deponent’s knowledge and belief, (and)  that said Estate is still entitled to said land.

(?) Isaac L. Hill
JH Money
Chief Justice

Clerk’s Note:  (This is our interpretation of the handwriting and therefore a more exacting examination may find discrepancies.  Items in italics indicate that we were particularly uncertain of a particular word or name.) 

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