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LAST WILL & TESTAMENT

Henderson Clark


Source: Dyer County, Tennessee Record Of Wills
Volume:  A  1853-1893  
Page:314- 318
Transcriber: Debbie Oberst


Probated February Term 1883

Recorded February 6th 1883

Zach Watkins…. clerk.


In the Name of God Amen I Henderson Clark, hereby make and publish this my last will and Testament.

Item 1st:
Let my debts be paid.

Item 2nd:
I give and bequeath to my son Charles P. Clark the following tracts of land to wit, One tract of 700 acres lying in Gibson County Tennessee, about 3 miles west of Eaton in the forks of the river valued at $2300. 00. One other tract of 190 acres lying in Crocket County in and near Friendship known as the Dr. Smith’s land valued at $3000.00. One other tract of 375 acres of land in Civil District No.10 of Dyer County Tennessee ,known as the A.B. Jones & wife tract valued at $1000.00.One other tract of 97 1/2 acres land known as the J. B. Morris’s land Civil District No. 2. Dyer County Tennessee, valued at $1000.00, One other tract of 78 3/4 acres in Civil District No.10 of Dyer County, Tennessee, known as the I. G. Petts tract valued at $650.00. One other tract of 50 acres of land known as the A. Quick. One tract of 60 acres in Dyer County Tennessee known as the Polly Bradley tract, also one other tract of land supposed to contain 300 acres, known as the Matthew Jones tract these 3 tracts all lying in the 8th civil District of Dyer County Tennessee. And all valued at $450.00 total value of the realest are $11,500.00.

Item 3
I give and bequeath to my daughter Amanda C. Dawson the following described tracts of land to wit . One tract of 152 acres of land in civil district No. 5 Dyer County, Tennessee. Known as the V. G. Wynne tract valued at $2736.00. One other tract of 211 acres in District No. 11, of Dyer County Tennessee. Known as the Giles Norment Mill tract valued at $500.00, One other tract of 110 acres of land in Civil District No. 5, of Dyer County, Tennessee. Known as part of the Bloomingdale land valued at $1650.00, One other tract of 122 acres lying in civil District No. 5 of Dyer County, Tennessee, known as J. R. Neal tract valued at $1300.00, One other tract of 200 acres & and tract of 24 acres known as the Gardner land lying in Civil District No. 5, Dyer County, Tennessee. The two valued at $1800.00. One other tract of 135 acres lying in District No.12 Dyer County, Tennessee. One other tract of 105 acre s known as the Hassell land in District No.3, of Dyer County. Tennessee. And one other tract of 132 acres lying in Civil District No. 3 Dyer County, Tennessee . Known as the Latta tract these three last tracts valued at $3382.00 the whole real estate being valued at $11,368.00

Item 4
I give and bequeath to the three children of Tom Cotton by his first wife Emily Daniel, Harry H., & Amanda Cotton the following described lands to wit. One tract of 300 acres of land the Old home tract known as the H. CLARK farm where Tom Cotton now lives lying in Civil District No. 4 Dyer County, Tennessee. Valued at $4500.00 One other tract of 160 acres lying in the State of Missouri, Mississippi County, known as the Henry Hough land formerly owned by McElmurry valued at $5025.00. One tract of 85 1/ 2 acres lying in civil district No. 2 of Dyer County, Tennessee. Known as the Marshall King land, valued at $1000.00. One other tract of 39 acres lying in civil district No 5 - Dyer County, Tennessee, known as the Capell tract. One other tract of 10 acres in civil District N o. 4 lying between S. R. Latta & William M. Watkins valued at $300.00. One other tract of 100 acres lying in Obion County, Tennessee. Known as the John Wright tract valued at $200.00, P. E. Wilson heirs are to have $50.00 out of said 100 acres. One other tract of 43 acres lying near Fay & Hunters civil District No. 16 Dyer County Tennessee valued at $175.00 the whole real estate valued at $11,500.00

Item 5
I give and bequeath to my great Grandchild Charley Vernon a tract of land supposed to be 700 or 800 acres north of the Obion river in Civil District No. 16 Dyer County, Tennessee. Part of the A. Murphy Grant.

Item 6
In the division of the real estate it appears that my son C. P . Clark and the heirs (or children) of Tom Cottons first wife Emily to wit; Daniel Harry & Amanda Cotton have the advantage of Mrs. A. C. Dawson in the real estate in the sum of $132.00 Is my request & desire that my Executors make up to her the said deficit out of a my real estate that may be undivided at the time of my death or in money if not convenient to settle in real estate.

Item 7
It is my desire and request, that any all real estate coming into my possession after this date by foreclosure of Trustee Deeds or mortgage or otherwise and also any and all other real estate and personal property that may be coming to me at my death that my said Executors shall take charge of and make division of the money and lands sd coming in and may sell real estate for division and divide the proceeds equally between my heirs as above mentioned and in case of division of lands by them (Executors) it shall be final.


Item 8
It is my request & desire that all of the personal property - money notes judgements , choses in action that I may die possessed of be taken possession of by my Executors and controlled by them and paid out by them equally among my heirs - to wit, C. P. Clark , Amanda C. Dawson & the children of Tom Cotton's first wife (Emily) at their discretion and when they chose to do so - (to be paid out however according to the laws of the state) now in Existence.

Item
Any of the real estate allotted by me in the different divisions, If I should sell or dispose of after this date my executors are to pay over to said party or parties to whom said allottment was made the money arising from sale or disposal of said real estate at the figures so fixed be me upon said Item of real estate.

Item 10
Whatever species of property either of real or personal property that I have prior to this date given off to any or either of my children to wit; C. P. Clark Amanda C. Dawson (or her husband W. A. Dawson) in his lifetime or to my daughter Emily Cotton first wife of Tom Cotton no charge is made for or to be allowed whatever by my Executors - what ever I have given off has been done without any intention of being so charged up.


I hereby nominate and appoint my son Charles P. Clark & Jesse Clark my brother Executors of this, my last will and testament and having full confidence in their integrity, I direct that they are not to give any Bond as Executors.

Witness my hand on this the 10th day of December 1880

H. CLARK

Signed acknowledged and published in our presence and in Testimony whereof we have hereunto set our names in the presence of each other and the testator this 10th day of December 1880

James W Baker
Thos H. Benton



Codicil
Since the above will having been signed & published by me - I have advanced to my daughter Mrs. Amanda C. Dawson - the sum of Twenty Seven hundred Dollars for the use and benefits of H. L. Baker & wife Betty Baker, Ed Baker and wife Pauline Baker - and my said Executors are to have her charged up with that amount - whenever a division of the personal property shall take place without interest -

Witness my hand this 28th day January 1881

H. Clark

Signed acknowledged and published in our presence and in Testimony whereof we have hereunto set our names in the presence of each other and the testator
This 28th day of January 1881

James W Baker
Thos H. Benton


State of Tennessee } In County Court, Dyer County Tennessee  
Dyer County        } February Term 1883 

This day a paper writing purporting to be the last will & testament and Codicil thereto, of Henderson Clark, deceased, was produced before the court for probate. Thereupon came into open court James W Baker and Thos H. Benton subscribing witness to said will & Codicil thereto, who being first duly sworn deposed and said that they were personally acquainted with the testator in his lifetime. That he was of sound and disposing mind and memory at the time of the Execution of said paper writing, that he published and declared the same to be his last will & testament in their presence and for the purposes therein contained and requested them to bear witness thereto, that they signed the body of said will and codicil thereto in the presence of the Testator and of each other. It is therefore ordered that said paper writing be & the same is herby set up and established as the last will & testament of the said Henderson Clark deceased, and that same be recorded in "Will Book" & filed,where upon Charles P. Clark and Jesse Clark who are named as Executors of said last will & Testament came into open court and were duly qualified the necessity of giving bond being waived in said last will & Testament - Let Letters Testamentary issue to them.
A true copy from the minutes

Attest  Zach Watkins  Clerk