Page 201
The Will of Cornelius Patterson
Appointed by the County Court.
5th My wish that my
personal property not willed be sold on twelve month credit at public auction
and after paying my debts the proceeds if any be left be equally divided
between my sons, George, James, Carson, and M. Cajah
6th My wish is that my
grandson, Cornelius Benson, have ten dollars out of the proceeds of the sale of
my lands.
7th My wish that my
grandson, Willis Benson, have ten dollars out of the proceeds of the sale of my
lands.
8th It is my wish that my
son Johns nine? Children Mary Frances, Edney Jane, and Violet have twenty-five dollars
apiece to be paid out of the proceeds of my land.
{I have given my obligation to
George Blazer for twenty-four dollars for my son John, which I have directed to
be paid out of the proceeds of the sale of my loose property. See Item 3rd}
9th My wish is that
whatever money may be left of the proceeds of the sale of my land over the five
hundred dollars and after paying off legacies, I decided that said money be
equally divided among my children George, James, Carson, Rebecca, Mahaley,
Hannah, Nancy, Martha and M. Cajah is to have fifteen dollars left? The others
just mentioned.
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10th My wish is after my
death of my wife all the household and kitchen furniture on the property that
she has on hand that was on hand at my death be sold and divided equally among
my afore named daughters.
11th My wish is after the
death of my wife should there be any of the five hundred dollars left that my
sons George, James, Carson, and Mcajah have fifteen dollars apiece, then the
balance be equally divided my afore named daughters and their sons.
Lastly I appoint John Russell my
executor of this my Will and Testament this April 21st 1875.
His X
Cornelius Patterson
W.A. Caughorn
Willie Benson
Admitted to probate the 7th
December 1875
W. Fowler Clerk
Page 203
The Will of Col. Wilson Duggan
On the name of God, Amen
I Wilson Duggan, a citizen of Sevier
County Tennessee do make and publish this my last Will and Testament, hereby
revoking and annulling all Wills by me heretofore at anytime made.
1st I desire that as soon
after my demise as practicable,
my executor, who is after named shall will and truly pay all my ? and duty.
2nd I give bequeath and
devise to my beloved wife, Elizabeth all my property mal personal and niced
during the full term of her natural life, and our four youngest children: towit
Margaret C. Elizabeth, Wilson L. and Robt C. Duggan at her death. I make no
other provision hereto for any other of my children, having heretofore provided
for all of them.
3rd I hereby nominate and appoint my wife Elizabeth Duggan to be
my sole executor of this will, and and waive the Execution of Bond on her part.
In witness whereof I have hereto set my hand and Seal this Will 20th
day of March 1874.
Wilson Duggan The word (seal) with a wavy circle around it.
We the undersigned do hereby certify
that Wilson Duggan the above named testator signed and acknowledged the
Page 204
execution of this testament in our presence
of each of us and hereto set out names as surviving witnesses this 20th
March 1874 at his request.
P.G.
Fergerson
L. B. Coruck Jr.
The above Testament was duty advised
to probate on the 20 July 1879 and ordered to be provided.
W. Fowler Clerk
Page 205
The Will of John Chandler
I John Chandler of the state of
First I Will and bequeath to
my son, Timothy Chandler the farm which I live known as my home farm containing
about one hundred and sixty six acres together with the following tracks of
land. The track known as the Humes track containing two hundred and eighty-five
acres adjoining the Home farm. One other track known as the Porter track in the
forks of the creek containing forty-two acres. One track bring and ? Containing
one hundred and nineteen acres adjoining the Porter track and the home farm,
are other fifty acre track ? I purchased of Levi Whittle adjoining the home
farm. Also the two tracks I purchased from Benjamin Thomas. One containing
fifty acres and the other containing twenty five acres adjoining the Ledgewood
tract and Bradson’s land, also one half of my undivided interest in a owned
jointly with B.D. and Y.C. Bradson said tract containing about two hundred and
fifty acres which I value at four thousand, three hundred dollars. I put that
value upon said lands believing that to have been the value at the time I made
advances to others of my heirs.
Page 206
2nd I will and bequeath
to the children of
Third I also Will and bequeath to
said Rebecca Ellen Chandler John Chandler, Joseph S. Chandler and Narsissa W.
Chandler
Page 207
A Negro woman named Elvja and her
nine children; towit Malinda, Harriet, Montgomery, Daniel, William, Riley,
Calvin, Caroline, and Elizabeth which Negroes I value at twelve hundred dollars
because I purchased the Negro woman and her then older children (the rest
having since been born) at that price for my son W. Chandler, and said family
of Negroes having been raised by the family of W. Chandler.
Fifth
It is my Will that my other Negroes
be divided by families as near as possible into five lots and the value made
equal with ? one of said lots. I will to my son Benjamin Chandler. One of said
lots to my son B. M. Chandler. One said lots to my son Timothy Chandler. One of
said lots to the children of W. Chandler (died?) towit. Rebecca Ellen Chandler,
John Chandler, Joseph S. Chandler and Narsissa W. Chandler. My daughter Jane
Rodgers (died?) towit: John C. Rodgers, Harriet Cravens, Arthur C. Rodgers,
Jane Rodgers, Cornelia Rodgers, Emma Rodgers, and William Rodgers.
Fifth
It is my Will that all the balance
of my property be equally divided between my heirs towit. Benjamin Chandler,
B.M. Chandler, Timothy Chandler, The Children of W. Chandler (died) and the
children of my daughter Jane Rodgers (died)
Page 208
giving to the children of W.
Chandler one share and to the children of Jane Rodgers one share on the
property sold and the proceeds divided ad above stated.
Sixth
It is my Will that the children of
W. Chandler (died) have my Negro man Café at the value to be put on him by two
disinterested men.
Seventh:
It is my Will that all the balance
of my estate consisting of many debts and after paying my wife, Fern? Chandler
the amount? to her under our marriage contract be divided among B.M. Chandler,
Benjamin Chandler, Timothy Chandler, the children of W. Chandler (died) and the
children of Jane Rodgers (died) as to male them all equal giving one share to
the children of W. Chandler (died) one share to the children of Jane Rodgers
taking into view the value of land willed to Timothy Chandler and the value of
the land and Negroes willed to the children of W. Chandler (died).
Eighth
It is my Will no interest will be
charged on any note given to me by my children and heirs before the year 1860.
Ninth
It is my Will that the children of
Jane Rodgers (died)
Page 209
in said division with the notes I
hold in their Father S. C. Rogers said notes bring for money advanced to him.
Tenth- it is my Will that no
interest be charged on a note given in May 1860 by Benjamin Chandler to me for
one thousand dollars.
Eleventh
It is my Will that the executors pay
the nine children of Jane Rogers (died) their share as they arrive at the age
of twenty-one years or marry.
Twelfth
It is my Will that the shares coming
to the children of W. Chandler be placed in the hands of their Guardian Timothy
Chandler to be paid to them as they arrive of age.
I appoint my sons B. M. Chandler and
Timothy Chandler executors of this last Will and Testament.
Witness my hand and seal this
eleventh day of December 1861
John Chandler
Signed acknowledged in our presence
the it above date.
B. D. Bradson
M.W. McCown
J. H.
Ellis
Geo Mcoun
Shannon Felken
I John Chandler do make and execute
this a codicils to my last will and testament which I made on the
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Eleventh day of Dec. 1861
First
I appoint Benjamin Chandler and
Spencer C. Rogers together with B. M. Chandler and Timothy Chandler henctofore
appointed as executors to this my last Will and Testament.
Signed
It is my Will that my Execution
divide all my personal property specified in the fifth bequest of this Will as
? directed or sell said property and divide the proceeds as directed in said
fifth bequest excersing their judgements whether they sell or divide the
property.
It is my Will that this attachment
to and become a part of my last Will and Testament.
Witness my hand and seal this 20th
day of October 1864
John Chandler
Attest
W. WcCown
Geo McCown
Shannan Felken
I John Chandler do make and execute
this a codicil to this my last will and testament to wit:
First:
It is my Will should my children or
executor have any lawsuits or controversies in writing up my estate and
Page 211
executing my last Will and Testament
debt the expenses of the suit be paid out of my estate.
Second:
Since making my Will I have sold and
disposed of the tract of land ?19 acres adjoining J. M. Sharp and others. Which
was willed to the hairs of W. Chandler (dead): I therefore want the value of
the lands willed to them be reduced one hundred dollars.
Witness my hand and seal this 29th
day of May 1868
John Chandler (seal)
Attest
M. W. MCCown
R. M. Creswell
I John Chandler do make and execute
this a codicil to my last Will and Testament.
It is my will that in this
settlement of my estate that no interest be charged on any notes or receipts
executed to sue by any of my heirs.
It is also my will that the children
of W. Chandler be changed out with the sum of six hundred dollars for the Negro
advanced by me to my son William Spoken of in this third stem of this Will.
This 12th day of July 1870.
John Chandler
Attest
M. W. McCown
J. McCown
Page 212
The Will of John Webb
I John Well of the state of Tennessee
Sevier County in view of the uncertainty of life and being of sound mind do
hereby make ordain and establish this my last Will and Testament.
Item First:
I will first that after my decease
my funeral expenses be paid and all my just debts out of any money on hand an
out of that which may come first into the hands of my lawful executors.
Item 2nd
I will that in case my dear wife
Aley Webb should survive me that she shall have the house where now live
together with my garden, spring and a sufficiency of the out buildings to
answer her necessities during her natural life.
3rd I also Will that our
three children to wit: W. W. Webb, M. J. Webb and Sarah Webb Roberts shall
provide ample support and maintenance and see that she the said Alsey Webb is
well provided for at her own house and suitable to her health and condition so
long as she may live in the same proportion as the proportional valuation set
upon their respected tracts of land the day deeded by we to them is W. W. Webb,
two thirds, M. J. Webb one sixth, Sarah Webb Roberts one sixth. Said support to
be a lien on the possession of the fields set apart in my conveyance to M. J.
Webb and Sarah Webb Roberts and a lien on the possession of one third of the
tract this day conveyed to said W. W. Webb.
Page 213
Item 4th I will that the
said Alsy Webb have keep possession of and use all the household furniture and
bedding and cooking utensils or so much as she sees fit during her natural
life.
Item 5th I will that
after my decease my executor sell at public sale all my personal estate not
herein before disposed of, and divide the proceeds there of as follows “towit”
To the heirs of my daughter Lucinda
McMahan one forth, to the heirs of James W. Webb one forth, and to the heirs of
George Webb one forth, and to the heirs of Jackson S. Webb one forth. This
bequest to sectored only to the heir of the body and in the event there should
be no surviving heirs of either of the above names children there to be equally
divided among the family rohicle do survive me. And I will also that the
$100.00 dollar note which I hold on Matilda J. Webb and the $100.00 dollar note
which I hold on Sarah M. Roberts be collected and divided in the same manner
and among the same heirs as the proceeds of the sale in this item set forth.
Item sixth
I will that after as certaining the
whole amount of money to be distributed according to item 5th of
this will, there be enough taken from the same to make Sarah Ann Webb the
youngest heir of G. C. Webb equal heir with the heirs of Lucinda McMahan in my
estate.
Item 7th
I will and bequeath to the four
oldest heirs of my son G. C. Webb (dead)
Page 214
the four one hundred dollar note
which W. W. Webb hath this day executed to me in part payment for land this day
conveyed to him to be collected by me executor and paid to them one hundred
dollars each paying to Ashley A. Webb the first note due, and to Newton S. Webb
the second note due, the third note John H. Webb and Mary S. C. the 4th
note.
Item 8th
I will that at my decease W. W.
Webb, M. J. Webb and Sarah M. Roberts have full possession of all the lands
today deeded to them by we subject to the provisions of Item 3rd
said seen not to affect their title but their possession only and also subject
to the notes given are on this day in part payment for said lands which are
lien in the hands of my executor upon the title of said lands an so much
thereof as will satisfy said notes.
Item 9th
I hereby nominate and appoint
William W. Webb my executor to this my last Will and Testament written on 3
pages in witness of my name and seal this the 24th day of February
AD 1872
John (his mark) Webb (seal)
Attest
John Ferguson
L. S. Roberts
Page 215
The Will of James Fergerson
In the name of God Amen
I James Fergerson do make and
publish this my last Will and Testament hereby revoking all other Wills by me
at any previous time made.
First:
That my funeral expenses and my
debts be paid out of any moneys that may be on hand at my death, or may first
come into the hands of my executor.
2nd
That my son John Fergerson have all
my lands and he is to take care of and provide for my wife Sarah Fergerson
during her natural life and to pay my son Thomas Fergerson one hundred dollars
and my daughter Mary Underwood one hundred dollars. One hundred dollars and the
heirs of Russell Fergerson fifty dollars each where they arrive at the age of
twenty-one years old.
Third: That my wide, Sarah Fergerson
have all the personal property and kitchen and household furniture to use or
dispose of as she way see felt and I hereby appoint Thomas Fergerson and John
Fergerson my executors.
Witness my hand and seal this
(blank) day of (blank) 1870
James Fergerson
Signed in presence of
R. S. Clark
T. S. Roberts
Page 216
The Will of Philip Seaton
State of Tennessee Sevier County
June 29th 1875
Knew all men by their presence that
I Philip Seaton do make this my last Will and Testament, and all others Wills
by me is hereby null and void. I have ? sold one half of my original farm to
Pink P. Seaton and have issued him a deed for the same to have and hold against
the claim of all others. The said Pink P. Seaton has paid me for said lands in
money and notes. I hold a five hundred dollars note due September 1884. My
other lands is in two lots 82 acres west of said Pink P. Seaton. 60 acres east
of the said Pink P. Seaton where I now live. W. B. Seaton is to pay one third
of the products to myself and wife so long as we live. At our death the said W.
B. Seaton is to pay to the other heir Alford Seaton, Alis Cook, Julia Cowan,
Barbra Cowan, Elizabeth Norton, Mary Cruse, Malvina Wynn, Carolyn Henderson,
James B. Seaton, Pink P. Seaton and Margaret Ann Seaton daughter of Alford
Seaton is to have fifty-dollars to make her equal with the other heirs in what
they have already received their share equal with the others in all things and
in testimony ? of I have ? set my hand
Page 217
And seal this 29th day of
June 1875. The said note mentioned in this Will is to be used by myself or wife
to defray expense if need be and I appoint James B. Seaton and W. B. Seaton
execution of this my Will.
Philip Seaton
Witness
John A. Seaton
G. W. Seaton
And further to the above Will I do
give to my wife Mary Seaton the entire management of the lands herein mentioned
for her support as long as she lives it is to be cultivated by W. B. Seaton and
one third of the products it to be paid to my wife, Mary Seaton and she is to
have control of the house, and barn, garden and all the beds and bed clothing
all the things in the house, Brawns chairs and kitchen furniture, stove, pot,
pans, water vessels is at her disposal. and bed clothing all the things in the
house, Brawns chairs and kitchen furniture, stove, pot, pans, water vessels is
at her disposal. When the said W. B. Seaton shall fail to cultivate and pay the
said one third to me or my wife or cause the same to be done during our life
time he shall forfeit his right to pay to the heirs the said five hundred
dollars and shall become as one of the other heirs and further she, Mary Seaton
has left to her one cow, the corn wheat beans land, lot of hogs in the pen for
her support. Also one third of the present crop of wheat, corn, oats, hay and
potatoes.
Page 218
I do Will and bequeath the entire
control said rents to the support and confort of the said Mary Seaton my wife
and I do hereby acknowledge this to be my Will before there witness found on
this Will.
Page 219
The Will of Samuel P. Watson
State of Tennessee Sevier County
April 14th 1875
I Samuel P. Watson do hereby make my
last Will and Testament and hereby set aside all former Wills made by me at any
other time.
1st
I order that all any just duty and
funeral expenses by paid out any money that I way have at my dease and if not
enough on hand to be paid out of the first that comes to hand afterwards.
2nd
I give and bequeath my lower farm to
my 2nd youngest said towit: Elijah W. Watson and Samuel R. C. Watson
with the exception of the drilling house and a five acre field around the
house. The house I give to my wife Martha Watson. The Dwelling house and the
field springfield to be Martha Watson during her widowhood. If she marry then
the house and field to belong to the afore said two youngest sons.
3rd My upper farm I give
and bequeath to my two oldest sons towit” William Watson and Robert S. Watson
to be equally divided between them.
4th
I order that my cow be not sold but
except with my two youngest children for their better raising. I give one white
bull calf to my son Elijah.
Page 220
6th
I Will my two daughters towit: Jane
Watson and Nancy C. Watson a good cow a piece to come out of my estate which I
leave in the hands of William Watson and Robt S. Watson
7th
I Will my daughter Millie a good cow
to come out of my estate. That I leave in the hands of Elijah W. Watson and
Samuel R. C. Watson. When the girls come of age or marry then their cows are
due them.
Samuel Watson (his X mark)
List
D. C. Scruggs
Braselton Ownby
Page 221
The Will of John H. Ownby
I John H. Ownby Being weak in body but sound in mind do make and ordain this my
last Will and Testament.
First I Will my body to it’s mother
earth and my soul to the God that gave it to me.
Second I Will and bequeath to my
wife Lucinda for all the love and affection I have for her all the property I
have both real and personal during her life time if she remains single, but she
remarries to have no more than one childs part.
Third At my death of my wife Lucinda
the property on hand shall be divided even after they all receive a portion
equal to what they received. Except Ephram who has his Lot- My wife shall have
the liberty- to use my funds on hand for any necessary funeral expenses.
Fourth At the death of my wife all
the land I have shall be laid off in lots as many in number as I have children
and one lot for two children heirs of any daughter Elizabeth and the children
shall draw for their lots. The Elizabeth Mays children shall have a certain
tract of land commencing on a rock at the bridge across the long branch, then
with the road wh the river, to the same branch, then up the right-hand fork of
the same branch, to the head then straight up the mountain to the line, then
west-nine
Page 222
The line to the corners, then down
the tater hill then to the old conditional line then with the line cine to the
cong branch, down the branch to the beginning done.
This 16 Nov. 1875
J. H. Ownby
T. L. Emert
T. A. Meek
Will of Philip Roberts
I Philip Roberts to make and execute
this my last Will and Testament on this 14th day of January 1874,
revolting any former Wills by me heretofore made.
1st
I Will and bequeath to my P. W.
Roberts the tract of land on the big East Fork of the Little Pigeon Forge River
adjoining the lands of the W. Mitchel, C. H. Fox, J, Fergerson and my home farm
being the tract that I purchased from Emanuel Fox but I require him to pay as
followed, three hundred dollars to my daughter Sarah McMahan, three hundred to my
grandson John Roberts son of my deceased son John Roberts and three hundred
dollars to my grandson Charles
Page 223
Roberts son of my deceased son
Charles Roberts. The amount to my daughter is to be paid in one year after my
death and the amounts to my grandsons to be paid when they are twenty-one years
of age.
2nd
I Will and bequeath to my son Thomas
S. Roberts my land lying north of the Big Road adjoining John Webb on the west.
John Fergerson on the north. C. H. Fox on the east and the big road on the
south and also the little meadow south of the road and the line to run with the
branch containing little over two acres and in part consideration I require him
to pay to my son James Robert three hundred dollars to be paid in one year
after my death.
3rd
I will and bequeath to my daughter
Rebecca Seaton the north end of my land that lies immediately above my home
tract of land the dividing line to beginning on a White Oak in the cane on the
line between and William Webb then running with the cane and the branch to the
beech then to the stake one and a half holes below the spring, then running up
the ridge south of the top of the ridge, then a little east of south to the
back line. But I require him to pay three hundred dollars to my executor
one-year after my death.
Page 224
4th
I will and bequeath to my daughter
Elvira Webb my land lying south of the consideration line made in the third
clause of this Will. And she is to pay the following amounts in part
consideration, that is to say to my daughter Nancy Fox and one hundred-fifty
dollars to my daughter Malinda Ogle and fifty dollars to any executor all to be
paid one year after my death. I have heretofore allowed my daughter Nancy Fox
two hundred dollars for which I hold her husbands note which she is to have to
make her equal with any other children. I also advanced to my daughter Malinda
Ogle one hundred twenty-eight dollars for which I hold her husbands note which
she is to have to make her equal with my other children.
Should my wife Polly survive me she
is to have the hassepion and control of my home farm for her use and benefit
during her natural life and after the death of myself and my wife it is my will
that all my heirs jointly inherit my home farm.
It is my will that the lands before
devised shall severly be liable for the amount to be paid on them,
It is further my will that should my
wife survive me she shall have the use and the benefit of all the personal
property that may be on hand that
Page 225
She may want for her support and she
may turn over to my executor any property she not want to be sold and divided
among all my heirs and after the death of myself and my wife I want all my
personal property sold and equally divided among all my heirs together with the
amounts to be paid to any executor on the lands and all the money on hand.
I appoint my son P. W. Roberts
executor of this my last Will and Testament.
Given under my hand and seal this 14th
day of January 1874.
Philip Roberts (X his mark)
Witness
M. W. McCown
John Fergerson
Page 226
The Will of John Henderson
I John Henderson of the County of
Sevier and State of Tennessee do make and execute this my last Will and
Testament.
1st
It is my Will that my funeral
expenses and any just debts that I may have be owing at the time of my death be
paid out of the 1st money that may come to the hand of my executor.
2nd
I Will and bequeath to my son Henry
Henderson my farm where I live in 10th district of Sevier County
containing one hundred acres more or less, I also Will and bequeath my son
Henry all my personal estate of every kind and description including all money
on hand or due to me from others my stock, household and kitchen furniture
farming implements. I appoint my son Henry Henderson my executor to execute
this my last Will and Testament. With my hand and seal this the 24th
day of November 1876.
John Henderson (his X mark)
Witness at the request
Of John Henderson
J. A. Pickins
Elijah Henderson
Admitted to Probate the January
Tenth of the County Court 1877.
Page 227
The Will of M. A. Rawlings
In the name of God Amen:
I M. A. Rawlings of the county of
Sevier and State of Tennessee being of sound mind and disposing memory, but
feeble in health and knowing the uncertainty of life and the certainty of death
do make and publish this my last Will and Testament.
1st
I Will and desire my body buried with mason’s honors, and that my funeral be
paid for as soon after my death as convenient.
2nd
I Will and bequeath to my beloved wife Harriet S. Rawlings a; household and
kitchen furniture to have and hold during her life with the liberty to divide
the same with my children as they want to leave also all my outdoor property of
every kind.
3rd
I Will and bequeath to my son Allisen P. Rawlings the interest I gave him in
the McNelly property where he now lives.
4th
I will and bequeath to my son Milton R. Rawlings my lanning house and lot where
on R. Lanning now lives and one cow and calf worth twenty dollars to make him
equal with A. P. Rawlings.
5th
I Will and bequeath my melodeon to my four daughters: Allen, Mary, Lucy, and
Martha.
6th
I Will and bequeath my house and lot on which I now live to my wife H. S.
Rawlings to have and hold the
Page 228
Same during her natural life and
after her death to be sold to the highest bitter and the proceeds equally
divided between my four daughters viz:? Allen J. Stafford, Mary A.
Rawlings, Harriet L. Rawlings, and Martha I. Rawlings.
7th
I Will and bequeath unto my wife H. S. Rawlings all my money that may be on
hand at my death, together with all my notes accounts and judgements outstanding
to have and use the same for herself and family and if any be remaining at her
death to be equally divided between all my living children.
8th
I Will and bequeath to my son Milton B. Rawlings my interest in my shop tools
and stock that may be on hand at the time of my death.
9th
I Will and descend that my executors to be hereafter named to proceed and
collect my outstanding debts as soon as convenient after my death and any lands
that I may have bought which has not been redeemed be sold to the best
advantage and the proceeds then of equally divided between all my children;
after the death of said wife.
10th
And lastly I hereby nominate and appoint my wife Harriet S. Rawlings and my son
Allison P. Rawling executor and executor
Page 229
to my Will and request the court to
receive their bond without security:
In witness whenof I have hercurto
set my hand and affixed my seal this 25th day of May 1870
M. A. Rawlings (seal)
Signed sealed and acknowledged in
our presence and we were requested to become subscribing witnesses to this Will
this 25th day of May 1870.
John Murphy
P. E. Walker
The above Will was duly admitted to
probate in the county court for Sevier County at the January Tenth 1877.
Page 230
The Will of Joshua Cate
We W. H. Drennen and Perry Cate and
B. C. Grew. I state that the nuncupative Will of Joshua Cate was made by him on
the fourteenth day of December 1876 in the presents to which we were asked to
be witness by the testaton himself in the present of each, of us. This is to
say on the said fourteenth day of December the ? us W. H. Drennen and Perry
Cate had taken a list of all his effects in order to write his will on the next
day and parted to meet the next morning to write his will in a few hours he was
surprised by a very sudden spur of sickness in which died in a few hours. And
the same is as follow: It was his Will and desire that is effects should be
disposed of after his decease in the following manner.
First
That his son Perry Cate should have two thousand dollars $2000.00 and also his
daughter Ava M. Bales have two thousand $2000.00 also his heirs ? Cate have two
thousand dollars $2000.00. Ten hundred and sixty $1060. In two tracts of land
joining the piece they ? live one of the balance to be made up in the same
manner of the other heirs, Also his son Madison Cate about $2000.00 be is to ?
his in a ? of ? that he now lives on
Page 231
The old homestead which is to be
counted to him at two thousand dollars $2000.00, also his daughter Mary Ann
Bryan should have $2000.00 also his son Greer Berry Cate should have two
thousand dollars $2000.00, also his daughter Elizabeth Angaline Pollard should
have two thousand dollars $2000.00. The remainder of his effects after all the
necessary? was paid that they be equally divided among the seven heirs above
named. He also wanted W. H. Drennen and Perry Cate as his executors. Made
out by us and signed this day 18th day of December 1876.
Signed by us.
W. H. Drennen
Perry Cate
R. C. Greer
? the undersigned parties are
satisfied that this is the will as near as could be done under the
circumstances of the said Joshua Cate (dead).
Perry Cate
Madison Cate
Ava M. Cate
D. F. and Elizabeth Angeline
Pollard
P. D. and Mary A. Bryan
Nancy Cate
W. Cate
Admitted to the probate the 5th
day of Feb. 1877.
W. Fowler (clerk)
Page 232
Will of Calvin Derrick
I Calvin Derrick do make and publish
this my last Will and Testament hereby revoking and making void all other wills
by me at any time made.
First
I direct that my funeral expenses and all my debts be paid as soon after my
death as possible out of any money that I may die possessed of or that may
first come into the hand of my executor.
Secondly
I give and bequeath to my beloved wife, Nancy Derrick, two of as good beds and
bedsteads as I have in my house and one milkcow of her choice.
Fourth I direct my
executor, here in after named to see all my property of every description and
kind at public sale including my crop, farming and stock and heretofore
disposed of and divide the proceeds of said sale and all the money on hand
after the payment of my debts and expenses as provided in Article first equally
between my wife Nancy Derrick and all my children J. T. Derrick, Martha
Derrick, Florence Derrick, Asa P. Derrick, W. B. Derrick, Charles M.
Derrick, and Lealain Derrick.
Thirdly I give and
bequeath to my two daughters, Martha Derrick and Florence Derrick, each one
good bed and bedstead next in quality as those given my wife.
Fifth
It is my will concerning
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a note which I hold on my brother in
law James C. Walker for about $297.76 that my executor do not ? said Walker or
said note but they give said Walker note to pay the saw but that be shall never
said note when necessary to saw the Stature’s Limitation.
Sixey
It is my request that my sister Martha Walker, wife of James Walker take and
raise my two children, Martha and Florence Derrick and I desire that anything
my sister may or pay for said children while with her may be by my executor
credited on the note-which I hold on James C. Walker and that said children
have the benefit of said note.
Seventhy
I desire that my mule be ? fattened out of my present crop before being sold by
my executors.
Lastly I do
hereby nominate and appoint Eli Fox and my brother G. W. B. Derrick my
executor. I witness whereof I do to this my Will set my hand and seal. This day
26th day of August 1875.
Calvin Derrick
Signed, sealed and published in our
presence and we have subscribed our names here to in the presence of the
testaton this 2nd day of August 1875.
W. T. Frank
J. C. Eugene
In addition to what I have
heretofore
Page 234
I willed I will further that my
executor be empowered to sell off of the land that I have recently purchased
sufficient amount to liquidate all my debts. The remainder of the land I will
to be equally divided between my wife and children. I further desire that my
executor control the interest of each of my children until they are twenty
three years old. It is my Will that my two oldest daughters remain with my
wife. I will my that my executor have control of the interest of my wife until
the youngest child becomes between / years old. In witness to this codicil I
set my hand and seal this the 22nd day of May 1876.
C. Derrick
Attest
J. Nat Lyle
C. L. ?
I do hereby further empower my
executor to sell all my land without reasoning to a count of equity? ? ? as is
to the best interest of my estate and divide the proceeds after paying all my
debts equally between my wife and my children. My wife taking a child’s part
and the fund so assessing shall be controlled by my executor until the year of
my children referred to and stated in my last codicil.
Page 235
Before this they receiving the
interest of the fund as way necessary for their support and education. The two
daughter before referred to shall remain with my wife as long as they can live
agreeable on as my executor may deem best. In the witness of this codicil,
revoking all ? statements heretofore made. I have set my hand and seal this 27th
day of May 1876
Attest
Jus Fagala
J. S Chandler