Page 311
Will of Seasa Hickman
I Seasa Hickman do make and publish
this my last Will and Testament and revoke all other wills by me made.
First
I direct that my funeral expense as soon after my death as possible and all my
debts.
Second Will and bequeath
Edward Hickman and his wife Alsisa Hickman all my household and kitchen
furniture and all my farming tools.
Third
I give and bequeath all the land that my husband willed to me in his lifetime.
The land that I now live on and the land known as the said Baley farm and the
land known as the George Campbell land, I will and bequeath all my property
real and personal to Edward Hickman and his wife Alaisa Hickman. It is my will
Edward Hickman and his wife Alaisa Hickman have all my property, real and
personal except a claim that my husband has filed against the Government of the
United States for collection when said claim is collected it is my will that my
father Marion Petty be paid ten dollars out of said claim in money.
This 16th day of December
1884.
Seasa Hickman
Witnesses
B. C. Thumbungh
R.S. Hickman
J. W. Hickman
Admitted to probate Feb. 2nd
1885 Page 13
D. H. Emert, Clerk
Page 312
Will of Stephan Hickman
I Stephan Hickman do make and
publish this as my last Will and Testament.
First. I
direct that my funeral expenses be paid as soon after my death as possible.
Second. I give and bequeath to my dear
Wife Sceny Hickman all my household and Kitchen furniture and all my farming
tools.
Third I give and bequeath all my
land to my wife, my interest in the farm we now live on, my interest in the
land known as the Nell Baley farm and my interest in the land known as the
George Campbell farm.
This third day of May 1883.
Stephen Hickman
Witnesses
B. C. Thumburgh
Marion Petty
Admitted to probate Feb. 2nd
1885
See record page 13
D. H. Emert, Clerk
Page 313
Will of Cyntha Kear
State of Tennessee
Sevier County
In the name of God Amen. I Cyntha
Kear of the County of Sevier and state aforesaid being sick and weak of body
but of sound mind and disposing memory for which I thank God and calling to
mind the uncertainty of human life and being desirous do dispose of all such
worldly substance as it hath pleased God to bless me with.
First, I give and bequeath the same
in manner following that is to say,
First, I give and bequeath to my
daughter Mary Caroline Kear all the farm hat I now live on it being some thirty
one acres more or less with all appurtenance these with to have and to hold the
same during her natural life and her cow and all of her household furniture and
her bed and bed clothing that belongs to her and nine plates, five teacups and
saucers a half set of knifes and forks and I want my daughter Mary Caroline
Kear to have all my clothing at my death and said Mary Caroline Kear two tables
and my dresser and trunk my looking glass. I give to Mary Caroline Kear and two
little glasses dishes and big spinning wheel and I want Mary Caroline Kear to
have all these items to have and hold during her natural life and after my
death I want all my debts paid and the balance of my things I want equally
divided between my four children. Revoking all others or former Wills or
Testaments by me heretofore made in witness whereof I have hereunto set my hand
and seal this first day of May in the year of our Lord one thousand eight
hundred and eighty three.
Witness
Curtis Mills
James Dugger
Cyntha Kear
Admitted into probate July 7th
1885
See record page 113 and 114
D. H. Emert, Clerk
Page 314
Will of Asa Rogers
I Asa Rogers of the County of Sevier
and State of Tennessee being in feeble health but of sound mind and disposing
memory do hereby make and publish the following as my last Will and Testament
revoking any wills and making void all other testimony dispositions by me at
any time made.
My Will is as follows:
1 That my funeral expenses and just
debts be paid by me executor out of any monies I may die possesses of or that
may come unto his hands after my decease.
2 That my wife Elizabeth C. formerly
Elizabeth C. Garnett, have one cow to be chosen by herself, all the sheep and
hogs and poultry, also all the grain and meat that I may have on hand at my
decease.
3 That my wife shall have all my
beds, bedding, household and kitchen furniture while she may remain my widow,
or during her natural life.
4 It is my will that my said wife
shall have the use of and control of the house and lots around the same
including the orchard during life or widowhood,
Page 315
5 devise to my said wife during her
natural life or widowhood the farm where I now live, adjoining the lands of
Houser, Nickols, and Jesse Rogers. It is my will that my son Jesse Rogers shall
have the right to rent the farm from my said wife on the following terms and
conditions. Towit: He shall pay and deliver to my said wife each year within a
reasonable time after harvesting of each crop one hundred and fifty bushels of
good corn. Thirty bushels of wheat and two wagonloads of hay. He shall also pay
all taxes and public assessments against the farm aforesaid, and keep the
fences in ordinary repair. He may rent the farm on said tenus as long as he
chooses to do so and give my said wife reasonable notice of his intention to
quit, if at any time he should desire to cease renting the farm so that she may
have an opportunity to secure another tenant.
6 It is my will further that as soon
as the estate herein before devised to my said wife in my said farm shall fall
in (?) that that part of said farm lying West of the public road and also that
part lying north and west of a line commencing at Jesse Rogers,
Page 316
Corner on or by the public road and
near his gate, there north west (or near that direction) to the point of the
ridge, there up the top of same to the line of Nickols be sold by my executor
or his successor in office to be appointed by the County Court of said County
in the premises, after advertising the sale by posters at five public places in
said County at thirty days, to the highest on a credit of 12 months, the person
selling taking a note for purchase money with atleast one solvent surety and
making deed to purchaser with lien retained to secure purchase money.
I want the proceeds of this sale
collected and divided as follows: to James Henry and Hannah Jane Garner (my
grandchildren) each twenty five dollars to the children of my son James N.
Rogers or their descendents jointly fifty dollars to take as they would under
the laws of distribution.
The balance shall go to my daughter
Hannah E. Rogers,
The rest of my said farm after the
Page 317
Falling in of said life estate, I
devise to my said son Jesse Rogers or his heirs in fee,
I hereby nominate and appoint Andrew
Rogers Esq. The executor of this my last will and Testament.
Given under my hand and seal this 9
day of April 1886,
Asa Rogers
Signed and executed and published by
testaton in our presence and we sign the same as attesting witnesses at his
request in each others presence on the date last above witnesses
Elijoh Johnson
M. B. McMahan
A. J. Dunlap-attested M. B.
McMahan
Admitted to probate June 7 1886
See record page 189-90
D. H. Emert, Clerk
Per. J. R. Peward D. S.
Page 318
Will of J. H. Delozier
State of Tennessee County of Sevier
9 District November the 30 1885.
I Joseph H. Delozier of the above
named County and state make this my last Will and Testament before God and Man.
I give devise and bequeath my estate
and property real and personal as follows: that is to say: To my Wife Sarah
Delozier unto her death. After my wife s death I want Ellen Blazier to have
bedstead and it well furnishes. I want the remainder of the steads and bedding
to be equally divided between John K. Tipton children to wit: J. E. Tipton, W.
B. Tipton, Harriet Tipton Callaway Tipton, David Tipton, Ellen Tipton. I want
the remainder of the house and kitchen to be sold to the highest bidder at the
death of my wife Sarah Delozier and also all other personal property belonging
to me. I want my real estate sold to the highest bidder on one and two years
time with good approved security at my wife s death.
After all my just debts and funeral
expenses is paid for. It is my will that Martha Davis has the sum of fifty
dollars out of my estate. It is also my will that W. B. Tipton to have one
hundred dollars out of my estate.
It is my will that cash and all my
brothers and sisters to have one dollar each of my estate. I will to J. E.
Tipton, J. K. Tipton s son all of the remainder money of the sales of my
estate.
Page 319
Have the sum of $50, and out of my
estate. It is also my will should put that W. B. lived in to have $100 of
my estate.
It is my will that each and all of
my brothers and sisters to have one dollar each of my estate. I will to
J. E. Tipton J. K. Tipton s son, all of the remainder of the remaining money of
the sales of my estate.
It is my will that that this money
that I willed to J. E. Tipton and W. B. Tipton to be put out ? Interest
until they both become of age with good note and security.
It is my will that George Delozier
the present Deputy of the Sevier County in the 10th Civil district,
be appointed to settle and administrative by the estate all this my will.
In witness where all I have signed
and sealed and published and declared this Testament as my last will at my own
residents on the 30th day of November 1883.
9th district of
Sevier County TN.
J. H. Delozier
Page 320
The said J. H. Delozier, at his own
residents on the 30th day of November 1883 signed and sealed this
testament and published and declared the cause and for his last will, and we at
his request and in his presence and in the presence of each other have hereto
written our names as subscribing witnesses.
Signature of witnesses.
Joseph Hives
Attest Adam James Hives
Admitted to probate June 7th
1886 C. record page 190
D. H. Emert Clerk
J. R. Peril and D. C
Page 321
I D. H. Emert
Of the county of Sevier and the
state of Tennessee do hereby and constitute this my last will and testament,
making void all others that may have been made by me.
1 First it is my will all my just
accounts shall be paid.
2 Second it is my will that all my funeral
expenses shall be paid out of any monies that may be on hand or first come into
the hand of my executor or administrative as the case may be.
3 Third I do hereby will to my wife
Sally A. Emert one house situated on Bruce Street and the appurtenances thereto
belonging including all the household and kitchen furniture. Said lot
bounded on the South Bruce Street, on the west by odd fellows, lot, North by P.
Stafford, east by J. A. Snapp.
Fourth: also another house and lot
known as Mottie Beak.
Page 322
property adjoining the town of
Sevierville. On the north, the public road on the East, M. J. Emert on the
south, J. H. McMahan on the west,
5 Fifth: is also my wheel that my
wife Sally A. Emert have my buggy and harness and then she may dispose of the
same at her own this creation.
6 Sixth: it is my will that after
the death of my father, F. A. L. Emert and my stepmother Michelle Emert, but
now occupies the house farm in Emirates Coast, shall have departed this loft,
that might executor and administrator perceived to sale of said House farm and
a private or public sale as he may deem best. Requiring the purchaser to
pay as much as $$1000 cash in hand which amount shall be put on interest, but
if paid into the hands of the guardian after he shall qualify and give bond
according to the law, said $1000 shall be kept on interest until my son Darryl
Claude Emert reaches the age of twenty-one years. Now if my son Darryl
Claude Emert should depart this life before reaching the ages 21 years, then
the above named amount of $1000 shall be paid to my wife Sally A.
Emert.
Page 323
7 Seventh: When $500 money shall be
collected on said farm, it shall be used in clothing and schooling my son Darryl
Claude Emert, said $500 to be paid to my wives Sally A. Emert.
8 Eighth: it is mild wheel that
after the $1500 and the cost of administration shall be taken out of the price
of said House form, that the remainder be equally divided among our brothers
and sisters. D. G. Emert and his heirs: N. W. Emert and his heirs: J. J. Emert
and his heirs: P.P. Emert and his legal heirs: and sister Polly Alexander who
married J.J. Alexander, Sarah J. Kernel who married Wade Kernel, Martha A.
Shaw, Ellen Bradshaw, Nancy Sellers, and Malinda A Mazze.
9 Ninth: it is my wheel that all the
proceeds which may be derived from all the mountain land that I may own outside
the home form be equally divided between above named brothers and sisters.
10 Tenth: is my wheel that my wife
Sally A. Emert shall select a guardian or serve as one herself if she deemed
proper.
Page 324
11 Eleventh: I do hereby constitute
an appoint my brother B. G. Emirates to act as my executor in carrying out the
contexts of my last will and testament.
12 Twelfth: it is my wheel that if
my executor need to any official help that J. R. Perland be employed.
13 Thirteen: is my will that after
my executor after he shall have been qualified and sworn in proceed to collect
all my outstanding Notes and accounts, then he may be fuird? Dree? The estate
of the D. H. Emert, with one exception. It is my request that Benjamin A
Parton of Emert Cove on whom I told the deed of trust, be granted one year
longer to play the same said proceeds shall be paid to my wife Sally A Emert
and as the same may be collected after paying any legal debts that may come
against me and have not been paid.
14 Fourteen: as to the office of the
County Clerk, it is my will that every cent due the county, public schools, for
poor and public highway, shall be settled up to the time of my successor shall
take charge of said office. Witness my hand this 5th day of
October 1886.
D. H. Emert
Attest
W.W. Emert
W. G. Caton
Page 326
Will of Lottie W. Andes
State of Tennessee
Sevier County
I Lottie W. Andes of the county and
stayed above mentioned. Be an old and infirm, but of sound mind. Do
make and executes mile last will and testament on this 14th day of
February 1885.
First
I will that my funeral expenses be
paid out of the money I may have on hand at my demeans.
Second
I will bequeath to my son R. H.
Andes bed and bedclothing. This is to make him equal with a balance of
other children.
Third
I will bequeath to the three children
of my deceased son A. C. Andes, to wit: John O. Andes, E. C. Andes and Mary
Andes $120, the same to be equally divided between them.
Forth
The balance of my estate what ever
there may be at my death. I want equally divided between my children to
wit. Elizabeth A. Henderson, Sarah M. Seaton, R. H. Andes, J. W. Andes,
I. L. Andes.
Page 327
I hereby appoint my son J. W. Andes
my executor to this my last will and testament
Witnessed in my hand and in seal
this 14th February 1885.
Letty W. Andes
Attest
E. M. Wynn
Mattie Burns
Admitted to probate December 6,
1886.
See record pages 276
James J. Ellis, Clerk
Page 328
The Will of Randall B. Henderson
State of Tennessee
Sevier County
I, Randall B. Henderson, do make
execute this my last will and testament as follows:
First
I. will and bequeath to my wife Nancy the use and benefit of my farm where I
now live for and during her natural life in the event she should outlive me.
Second I will bequeath
to my three daughters Mary, Sally, and Lydia and their heirs and assigns
forever my home tract of land subject however to the life estate of my
wife.
Third
also wheel and bequeath to my said three daughters Mary, Sally, and Lydia and
their heirs and assigns forever the following tracts of land to wit: one track
containing about 60 acres on Waldens Creek, adjoining the lands of T. J. Wear
and Levi Helton, also attract containing about 100 acres adjoining the lands of
A. W. Nichols, W. M. Henderson
Page 329
J. S. Trotter and others
also a track of land of 100 acres lying on the little mountains adjoining the
lands of T. D. Wynn and others.
Fourth, I will and
bequeath to my two sons William Henderson and Andrew Henderson my land lying in
the seventh district of Sevier County bringing the Land I purchased from W. H.
Nichols lying on the French Broad River upon which they are now living
containing 310 acres be the same or less and also a track of 173 acres that I
purchased at Chancery Sale. Adjoining the lands of W. R Loveday and
others being part of the big in tree made by W. M. Henderson and G. W.
Henderson to have to hold the same to the same to the said William Henderson
and Andrew Henderson and their heirs, assigns forever.
I appoint my son William to execute
this my last will and testament.
Witness my hand and seal this the 29th
day of January 1883. Randall B. Henderson
Attest
M. W McCown
Mimmie McCown
James J. Ellis, Clerk
Page 340
Will of John Cusick
I, John Cusick of the county of
Sevier and state of Tennessee. Do make and publish this my last will and
testament-in manner and form following to wit: first, I desire that all the
perishable part of my estate be immediately sold after my decease, and out of
the money arising therefrom all my just dept and funeral expanses be paid
should the perishable part of my property be insufficient for the above
purposes, then I desire that my executor hereunto after named may sale a
partial of my of my land being part of my homestead adjoining the land of W. B.
Clark. (To wit)
Beginning at water gap and East
course with the public road to the lining that leads to Clark s buildings
thence with said lane to a branch line between my land and said Clark s with
branch and across the fence to where the old road led from my house to the Joe
Delozier s old house with said road to South course to the branch north of my
barn thence down said branch to the creek, thence up the creek to the
beginning. Land out of the moneys arising from the pay and satisfying such of
my just debts as shall be in remain unpaid.
Second After the payment
of debts and funeral expenses I give my wife Lucinda Cusick the full and free
use and possession of all my other lands and building during her widowed or
during her natural life if she should remain unmarried also direct that
Page 341
She shall have the use and control
of the household in kitchen furniture in such tools and farming implements as
the law allows her. I direct that whatsoever may remain from the sales of
my property personal and real after satisfying debts and funeral expenses be
divided equally between my four daughters; Marguerite Cusick, Jane Thomas,
Sally Cusick, and Mary Cusick, as they may arrive at the age of 21 years.
All the property real and personal that I give to my wife Lucinda Cusick at her
death or marriage I give and bequeath to my son Benjamin Cusick also my Rifle
gun. (Also a colt-two years old last fall.) I give to my daughter Marjorie
Cusick two milk cows. I do they note my son, Asa Cusick amount not
collected which note is now out of date. Now if the payee said note he is
to share equally with my daughter above named, if he does not pay said note the
amount to be taken from his equal share with my daughters above named. I
give and bequeath to my grandson Andrew Murphy the sum of 5 dollars out of any
moneys in the hand of my executor. I have deeded certain lands to my
sons, Tilford and J. B. Cusick as their part in full of my estate and now hold
their receipts for the same. I also direct that what bee stands or hives
are on hand at my deceased be divided equally among my children. They
dividing them. Also direct that my son Benjamin be paid the
Page 342
The sum of $25, the same having been
paid to me by E. S. Thompson executor of the will of the late B. J.
Tipton deceased. And lastly I do here appoint my son Tilford and Asa
Cusick executors of this my last will and testament thereby revoking all former
wills by me heretofore made. In testimony here of I have set my hand and
seal the day 1886. This February 27th 1886. Signed,
sealed, and declared in the presence of witnesses named and by us subscribed in
the presence of the testator.
John Cusick
Andrew Rogers
J. H. Chandler
By John Cusick of the county of
Sevier and the state of Tennessee do hereby make and publish this codicil to be
added to my last will and testament in manner following to wit: after the
married or death of my wife Lucinda Cusick as set forth above I bequeathed to
my son Benjamin Cusick all the farming tools and also my wagon and big peow?. 5
set off the following in room of boundaries set forth in body of wheel of a
given beginning on horn beams on WB Clark s line thence set off corner with
Tilford Cusick line to hickory at public road. With said road course to the creek
and water gap down creek to mouth of spring branch then direct line up north
side branch to marked hickory.
Page 343
In the fans corner the north with
the old road to cross the ants and Clark s line band Eastern course with said
line crossing the creek to the beginning and lastly it is my wheel and desired
that this my present codicil be annex to and made part of my last will and
testament before said.
In witness whereof I have set my
hand and seal. This the 4th day of September 1886.
John Cusick
Attest
J. R. Houk
B. J. Clark
James J. Ellis, Clerk
Page 344
Will of R. W. Crowson
I, R. W. Crowson make this my last
will and testament. I desire at my death to be buried ? lain dressed just
as if I was going to church. If Nana should outlive me program on I ll
leave her my home farm what she wants of it: in the stock she wants. I
leave her what money I have on hand if any and all the money that is oweing to
me and she may pay Caroline Yett $250 out of that and what she pleases with the
rest.
Second I give to Mary
Wear and her children the farm on Waldens Creek that I bought of Mullundore 10
also give to them my farm in Blount County across the river from R. Burns known
as the McClanahan farm.
Third
I give Aaron Crowson all the land I bought from Andrew Coatter and what I
bought from Thomas Walker and I give to him part of a 75 acre entry back of
this Little field here at Broyles what lies above the road at-Aaron McGills
that to? And with it. The Mccbryue place the 500 acres above the Mccbryue
farm. Aaron you and
Page 345
West Crowson divided or you can have
yours as each one wants. And if you cannot agree, led ? divide it an idea
of Aaron Crowson the bottom field to begin at the corner of Emerts the ends and
run straight down the mouth of the little ditch at the lower end of the field
to as to hit the ford of the branch.
I give Sarah Elizabeth Crowson my
shrades farm. I give her a piece where West now lives beginning at the
upper gate at the race, thence straight through the middle of the Barn to the
back of a lot, there square to the raise: then straight to cherry trees at the
fence; (thence) with the bids to the Ford of the island branch drove them
straight across the field to the cross bids then up to the road in with the
road to the beginning: I give her that field above Broyles, and part of the 75
acres entry at the back of the field up to the road at Aaron McGills .
Also give a deed of trust all that field at John Gates that John Rimel let me
have. If John pays the money it is hers of not the land is hers.
John Yett may have one acre
adjoining him.
I give a piece of land on
Page 346
On the right hand of the road next
to Jane Hatcher s. I give her what timber she needs for firewood and to
keep up for financing on either west s, Joseph s, Aaron s land as they have
most of all the timber. Sarah can take the household furniture as much as
Caroline got-? Stove then divided between her and Mary Wear and Carolina. Sarah
space is to take choice of my horses and what cattle she wants. If West
builds here in the lot Sarah is to have my house while single and the garden
and the apple lot to the right of the house. I paid about $2000 toward
Yetts the land for Caroline. I believe her $250 more at my death if not
paid before.
R. W. Crowson
Attest
Reuben Hatcher
A W.
R. C McGill
I give the lower part of my farm to
Joseph Crowson the creek is a line between him and Aaron Crowson down to the
branch, thence the branch to the ford below the house to the white oak all the
side of the house, marked as corner thence with the road to the
Page 347
Gap of the mountains thence with the
Waldens Creek Road as far as my land goes. This is Joseph s. Now if
Joseph should never have any heirs this land and his death and Laura s shall go
back to my heirs. But if he should have any it belongs to the thence and
if not my heirs get it. West s heirs shall have down to the mouth of the
branch, then the way the old fence runs straight to the mountains, the rest of
the farm known as the Powel farm divided between Aaron Crowson s heirs and
Caroline Yetts children and Sarah Crowson.
R.W. Crowson Jr. is to have the rest
of this field here at the house then commencing at the white oak at the Ford of
the branch, thence with Joseph as far as my land goes then turn south down by
the Myer s all on the Eastside that I have not given away Aaron Crowson and
Joseph Crowson is to have the ? to do any sawing that they want for themselves
at the sawmill they help to make it.
Now I appoint my son Aaron Crowson
as my administrator to wind up my business. There won t be much trouble
if you all do right. Leavly court
Page 348
Need not bind him to bond and
security, as I am willing to risk him doing right. This March 15th
day 1887.
R.W. Crowson
If I shall fail to get this
witnessed prove my handwrite.
Admitted to probate August 1st
1887. See record page 407
Spread on Will book August 2nd
1887
J. J. Ellis, Clerk
Page 349
W. H. Trotter s Will
I, W. H. Trotter of the state of
Tennessee and of the County of Sevier, being advantage in years, and moderate
health but of sound mind and disposing memory do hereby make and publish this
my last will and testament, hereby revoking and making void all others that may
have been made by me heretofore.
First is my wheel that after Monday
as my executor or demonstrator shall pay my necessary funeral expenses.
Second, that all my just debts be
paid, if any I shall owe, and out of any property that may come into the hands
of my executor or administrator.
Third is my wheel that my beloved
wives Sarah T. Trotter, shoes she survived many, make her home at the old
homestead where I now live and that she had the use and control of said House,
yard, garden, and a small lot of ground wind south of said dwelling, including
spring and Springhouse during her natural life: and that my son-in-law T. D. W.
McMahan and in my daughter Melinda McMahan and furnish her
Page 350
A decent and respectable support
suitable to her age and condition, not including clothing and doctor bills, all
of which, as agreed to and shown more fully into a deed of conveyance this day
executed by me to said T. D. W. McMahan. It is my will that the provisions of
said deed and contract with T. D. W. McMahan and be strictly complied
with. It is my will further that my executor or administrator pay to my
said wife Sarah T. Trotter as soon as the same shall come into his hands, out
of the money that may be on hand at my death, or may come into his hands
afterwards the sum of $150 to be used by her for the purpose of clothing her
and paying her doctor bills, if the same shall not be otherwise provided for.
It is my will further that my said
wife have all or such household and kitchen furniture as she may have on hand
and at my death, and may need, including bedding bureau etc.
Forth, it is my wheel that my
daughter Addie should live with her mother should they both survive me, during
her mother s life if she prefers to do so at the old homestead, and that she be
supported by said T. D. W. McMahan, as provided for
Page 351
In our contract this day money in a
deed of conveyance which is here reference to. It is my widow that my
said dollar and he shall have the amount of property equal to that received by
my other daughters when they became of age, if she has not receive the same at
my death.
Fifth, it is my will that my two
sons L. S. and S. E. Trotter have an amount of personal property sufficient to
make them equal with my other sons, that is equal to what they have already
received.
Sixth, it is my will them a large
pictorial family Bible containing my family records after my wife s death, go
to my son N. E. Trotter and that his death to another with one of my children
or grandchildren living near the homestead, so as to keep and preserve their
family records among the family relations.
Seventh, it is my will that my
son-in-law T. D. W. McMahan and my daughter Melinda McMahan and have the lower
or north end of my house farm, with the reservations mentioned in a deed this
day made to him for the same, and that they pay to me or after my death to the
representatives the sum of eighteen hundred and
Page 352
$36 in addition to what they have
paid already, as shown by two notes I now hold of this date, and more fully
shown in said deed. Any event that said McMahan shall fail to pay for
said land and as her in before provided, and as provided in said deed in said
deed to him my executors shall have the power to sale and enforce lien ends on
said land and shall appropriate the proceeds of said lands has hereunto after
provided.
Eighth, it is my wheel that my son
in the Trotter have the upper or south end of my home farm, and that he pay me
for my executor the sum of $688, in addition to what he is already paid on the
signing, and that if he should fail to pay for same then my executors shall
sale said lands were so much thereof as may be necessary to pay said
indebtedness, and appropriate the proceeds as hereunto directed. But in
sailing said land the conditions and provisions in the deed shall be observed.
Ninth, it is my wheel that the track
of land owned by me and lying in the fifth civil district of Sevier County
adjoining the lands of Robert Rambo.
Page 353
John Stott, Rebecca Trotter and John
Fox, be sold by my executor had a private or public sale, as may seem best
after the expiration of five years from the first day of January 1887 if the
same shall not be otherwise disposed of by me before that time, and that the
proceeds be applied as hereinafter directed.
Tenth, is my widow that after paying
my funeral expenses and debts, and that the disposition of funds as here in
before provided, the rest of my estate arising from the sale of land and
otherwise, be by my executor distributed equally among my children who are
living and the representatives of those dead as follows;
John A. Trotter now living in
Ald. Isaac A. Trotter, married Wynn, wife of E. M. Wynn, A. W. Trotter,
N. E. Trotter, Melinda C. McMahan and wife of T. D. W. McMahan, Louis S.
Trotter, Mary A. Lawson wife of G. H. Lawson, Addie M. Trotter, Stuart E.
Trotter, the heirs of Elizabeth Fox, a deceased daughter towit: J. N. G. Fox,
Sarah R. McMahan wife of John McMahan and G. S. L. Fox the said heirs to
receive the parents share. Any in the event that any of above
Page 354
Named children should die before
receiving his or her distributive share than said share to go to heirs of said
deceased. If he or she shall have any living, otherwise such share to be
equally divided among the brothers and sisters or their representatives.
Eleventh, it is my will and I hereby
nominate and appoint my friend as my executor to execute and carry into effect
this my last will and testament.
In witness whereof I have hereunto
set my hand on this the 22nd day of December 1886.
W. H. Trotter
Signed sealed and delivered an
acknowledged in our presence on the day above written.
Witnesses
J. R. Peuland
J. H. Butler
Admitted to probate November 7th
1887.
J. J. Ellis, Clerk
Page 355
Will of Lewuel Carmichael
State of Tennessee Sevier County
Be it known to all men to whom these
presents make come Lewuel Carmichael has this day it being seventh day Jan.
1885 deeded and conveyed to Maynard Carmichael 65 acres of land it being the
land on which I now live, this made while me and his mother lives: after which
it is to be his in full simple over all others after mine and her death.
bounded by Porter Cate, Henderwood and Williams Carmichael. Is given to Maynard
for the support of me and his mother while we both live and after which is to
be he is in full simple it is to have full control over all the personal
property that we have while we both live, after which it is to be he is in full
regardless of all others. We ve named by this the personal property that
is out of the house. The above is to substantiate this as we both sign
our names to be as a confirm instrument in good faith this the 14th
day of February 1885.
State of Tennessee, Sevier County
1885. Be it known to do all men to this present may come that Lewuel
Carmichael and his wife has this day.
Page 356
Given all the furniture that they
have in the house to Mag. Carmichael their youngest daughter except one bed for
Maynard with bedclothes sufficient for it, and also one bed for Wrole?
Carmichael with clothes to it and Mag is to have white-faced cow. We mean
by this the house and the kitchen furniture, this 26 day of February 1885 and
that we home now this instrument goes into full effect at mine and her mother s
death, and not till then for which we both signed our names and set our seals
this the 26 day of the worry 1885.
Lewuel Carmichael
Susanna Carmichael
This is a mutual agreement between
me and my wife therefore we both signed our names to this instrument.
Lewuel Carmichael
Susanna Carmichael
Admitted to probate at the November
Tennessee of court 1887.
J. J. Ellis, Clerk
Page 358
Will of Judah Clabaugh
I Judah Clabaugh of the county of
Sevier and State of Tennessee to make and execute this my last will and
testament as follows,
First, I will and bequeath to my
sister Sally Clabaugh, interest in the farm where we now live, being the farm
originally owned by my father Samuel Clabaugh on Middle Creek Sevier County,
Tennessee.
Second, I will and bequeath my
household property to my sister Sally.
Third, I will and bequeathed to my
nephew Charles, Chance, my horse. It is also my will that a sufficient
amount of my property be sold to meet my funeral expenses.
Signed sealed and executed this 28th
day of May 1887.
Judah Clabaugh
Witness
M.W. McCown
T. H. Emert
Admitted to probate April 3rd
1888
J. J. Ellis, clerk
Page 359
Will of John N. Trotter
I John N. Trotter being in feeble
health but of sound mind do make this my last will and testament.
I will let my decease that my
funeral expenses be paid out of the first money that comes into the hands of my
executor s hands. And that all my just debts be paid as soon as the money
is collected sufficient to do so.
Second I will and bequeath to my
wife Mary H. Trotter the homeplace (a farm together with the present crops, the
farm and utensils, stock (except one yoke of oxen) to have control during her
natural life, then to decree to my three sons J. W. A. B. and J. N..
Third, I will to my daughter Hettie
Parsons the sum of $200 including a receipt I hold on her and James Parsons
$100.
Fourth, I will to my daughter Susie
R. Schultz the sum of $200
Fifth, I will to my daughter Mattie
E. Baker the sum of $200 to be paid by J. W. Trotter on a note I hold on him.
Sixth, I will to my daughter Nammie
E. Trotter the of $200. All the above errors are to be paid at the
death of my wife or at any time my sons J. W. A. B. A and J. E. and wishes to
pay it, each of them to
Page 360
Pay an equal amount.
Seventh, I will bequeath to my three
sons J. Werldy, Alexander B., and Joseph N., all my land at my death together
with the homeplace at the death of their mother. Together with the
furnishings tools stock and what ever may be about the house, provided that
each of the three sons pay an equal amount to pay the legacy award to each of
the girls.
Eighth, I will to my son A. B.
Trotter 1 yoke of oxen and that his contract about the will of the farm be
carried out as agreed on for this year.
Ninth, I hereby appoint my son J. W.
Trotter as executor of my last will and testament, given under my hand this 22nd
day of September 1888.
John N. Trotter
A.T. Baker
R. H. Andes
Admitted to probate at the October
term 1888.
J. J. Ellis, clerk County Court
Page 361
Will of Eliza J. S. Ford
I am is the J. S. Ford of the county
of Sevier and State of Tennessee do make this my last will and testament and be
of sound mind and memory.
First, I will that all my board
expenses be paid.
Second, I wish my coffin to be a
neat plain Walnut coffin.
Third, I will that my doctor bills
be paid.
For the, I will that the remainder
of my estate goes to Mary Hodsden senior, to wit:
One bedstead, bed and furniture, all
quilts, cover and all my clothing that I have, that is not mentioned here, and
all very part and parcel and also monies or effects that belong to my estate it
being $60 more or less, also two trunks and all my effects that is not
mentioned here my will and desire is that all of my estate at the death of Mary
Hodsden senior, goes to Mary P. Hicks and her children formerly Mary P.
Hodsden, witness my hand and seal this 8th of March 1879.
Eliza J. S. Ford
J. C. Murphy
J. B. Hodsden
Admitted to probe late January 7th
1889
J. J. Ellis, clerk
Page 362
Will of Isaac Husky
I m Isaac Huskey being in good mind
and senses for the love I have up my son Melvin Husky. I do will transfer
and convey unto him, his heirs forever for the course duration of $100 to me in
hand paid the home farm where I now live, except the big house garden and mill
seats my life time and after my death all is to be Melvin s. They said
land is bounded as follows commencing on a chestnut at or near Miss Evan s line
then with Henry Proffitt s line to the spotted oak South East with J. H. Huskey
s line to W. S. Huskey s line and then with his land to Joel Lindsay line there
with Joel line to the J. Reagan s line, then with John Reagan s line to the
Timothy branch then down the Timothy branch to the beginning. The
consideration of this is that Melvin is to maintain the old woman her life time
that is his mother: this is covemant and agree with Melvin Husky this be in my
will this be six-day of August 1883.
Isaac Huskey
J. H. Huskey
Jason Ogle
Admitted to probate April 17th
1889
See record page 115
J. J. Ellis Clerk County Court
Page 363
Will of Amasa Cannatser
Knowing that death is certain and
the time incertain therefore I make this as my last will and testament.
I die believing in in the Christian
religion, I will and bequeath my body to its mother dust and my spirit to God
who gave it. Of my goods chattles, lands and tenants I will as follow viz. I
will all my lands tenants is stretched forgoods end chattles both personal and
real to my wife so long as she remains my widow and then at her death I will
that all my land tenants goods and chattles both real and personal be equally
divided between all the the lawful heirs of my body and that they shall never
have the right to transfer the land except to any of themselves. My request is
and I also will that if Rebecca my daughter shall marry then she is to have our
cookstove and is to be prepared for housekeeping as well as my wife shall be
able to reasonably furnish her out of my personal goods if she does not marry
until my wife dies the end at the death of my wife she is to be furnished as
above stated. I will that nothing is to be sold or cowveyed by either my
wife or children if so it shall be replaced. Also I will that my son W.
G. when he is 21 years old shall have my rifle gun and that said gun is not to
be so are given away I also further will that my two sons James David and W. G.
at the death of my wife have my mill and ½ acre rounded besides being equal
heirs in all
Page 364
Other things not specify. Also
will at my son Joseph have provided a clear and stays on or cultivates a
portion of my land known as the mill dam bottom hollow or that portion of said
hollow that I have hereto for pointed out to be his all that he can make on
said land for six years from this day provided he does not unnecessarily
destroy the timber but that he make rails of all the timber in his said
clearing to be used on the other part of the farm he can have timber for his
necessary use and no more. Provided that he within four years shall clear
the said boundary and make a good fence round the same. If he does not
then the clearing and all is to fall back as my other property to the
family. In testimony whereof I have hereunto set my hand and sealed in the
presence of the witnesses. This January the fourth 1888.
Amasa Cannatser
Attest
Levi Branson
G. B. McMahan
Admitted to probate April 1889
See record page
J. J. Ellis, clerk County Court
Page 365
Will of M.W. McCown
I, M.W. McCown a resident of
the fifth district of Sevier County Tennessee do make this my last will and
testament as follows.
First, it is my will that my
daughter Ella H. have out of my state $100 to make her equal with what I have
giving to the other children.
Second, it is my will that my son
John have my gray mare.
Third, is my will that my personal
estate be left in the hands of my wife Teresa that she sell off such a property
as she can best spare to pay what I may owe and the bequest to Ella. And
that my wife manage my personal estate the best she can for her own support and
the assistance of her children, and at the death of my wife my personal state
remaining to be equally divided between my four children either by sale or
division as they may think best.
Forth, it is my will that my home
farm remained position and control of my wife during her life but in renting
the land and I want my children to have preference in renting at a reasonable
rent.
Fifth, it is my will that at the
death of my
Page 366
While that my farm be equally
divided between my four children. My son John s share to be laid off so
as to include the residence were where I now live and in making of the
partition I do not want to value of the farm and stables estimated as my son
helped to build them and assisted in other improvements.
Sixth, the interest I have in some
mountain land I wish sold whenever my wife thinks best to do so.
7th, I appoint my wife
executor of this will this 13th day Feb. 1889.
M. W. McCown
Codicil to the foregoing will.
First, it is my will that the
partition of my farm between my children after the death of my wife, that
should my daughter Laura J. desire for her share so laid off as to include
where she now lives that it be so done in estimating the value of the share the
value of the buildings not to be estimated this 22nd day March 1889.
M. W. McCown
Admitted to probate April 22nd
1889
See record page
J. J. Ellis, clerk, County Court
Page 367
Will of N. B. Pate
State of Tennessee, Sevier County
I, Napoleon B. Pate to make and
publish this, as my last will and testament hereby revoking and making void all
others 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
monies that I may die processing of, or may first come into the hands of my
executor.
Secondly, I give and bequeath to
Clementine T. Blair my only daughter and to the heirs of her own body one-half
to my land in value beginning at the low end of the farm and enjoying the land
of Noah Haiden ;also one-half of my personal property.
Thirdly I give and bequeath to
Christopher C. Pate my only son, the remaining half of my farm at the upper end
land adjoining his own farm, also the remaining half of the personal property.
Lastly, I do hereby nominate and
appoint C. Thomas and C. C. Pate my executors. In witness will
thereof I do to this my will set my hand this the eight day of April
1889. Signed andhim to her published in our presence and we have
subscribed our names here to in the presence of the tester this the eighth of
April 1889.
W. B. Pate
Attest
Noah Haiden
J. B. Roberts
Admitted to probate may 16,
1889. See record page to
J. J. Ellis, clerk
Page 368
Will of Barry Williams
I, Barry Williams have this day
willed to my heirs $50 around each on the note and account I hold.
Also credit the notes and account
$50 and I hold against heirs and agree to pay the heirs that I have no note or
an account against, the amount of $50 in the note on the account of other
persons, and it anymore is collected on said note and accounts over the $50
each then it is to be divided equally among all heirs. I do this with on
the account as I don t want anything administered on or cold and I appoint
J. M. Baxter and Joe Williams as executors collectors, to collect all my
debts and pay them over equally to the heirs
This the 18th day of
December 1888
Barry Williams
Attest
G. N. Proffit
J. R. Proffitt
Page 369
Will of John M. Trotter
I, John M. Trotter to make and
publish this as 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 of my debts be paid as soon after my debts as soon possible
out of any money I may die possessing of or my first come into the hands of my
executor.
Secondly, I, will and bequeath to my
wife Trephena Trotter all the land that I am in the possession of during her
natural life in order that she may have a comfortable support in her declining
years. Also desire that my son S. N. Trotter to run the farm and manage
the same to the best advantage he can and pay his mother one-half of the
proceeds thereof each year he bearing all the expenses of running said farm my
wife lrephena Trotter is to a pay the taxes on the same.
In case my son S. N. Trotter should
from any cause failed to comply with the above request then my wife will be at
liberty to importing someone else.
Thirdly, my will is that the death
of my wife that my son S. N. Trotter have the refusal to purchase the farm
which are value at $1500 by his paying each Billy of the other heirs their
proportional part of the above amount with the exception of $600 which I wish
him
Page 370
To have for the extra trouble he
will have been looking after the interest of his mother. Should not suit
him to comply with my will in the above case I will that the farm be sold by my
executor and the proceeds thereof be divided in the proportion above stated.
Fourthly, I will and bequeath
to my wife Trephena Trotter all my personal property during her life and at her
death I will it be sold and the proceeds divided between my heirs. Also
will that the farming tools which I now have the used in the cultivation of the
farm while my wife lives.
Lastly, I do hereby nominate and
appoint my son William J. Trotter my executor. In witness whereof I do to
this my will set my hand and seal the is the 11th day of June 1889
John M. Trotter
Attest
L. D. Wynn
D. C. Robestson
Page 371
The Will of Nancy A. Headrick
I Nancy A. Headrick do make and
publish this as my last Will and testament hereby revoking and making void all
other wills by me at any time made.
First, I direct at all my funeral
expenses in my debts be paid as soon after my death is possible out of any
monies that I may die possessed out of or may first come into the hands of my
executors.
Secondly, I give and bequeath to W.
B. Headrick and J. J. Headrick at my death the following described lands it
being two parts. First lot beginning at a persimmons on the south side of the
creek, a corner to W. H. King and of J. H. Hardin, thence with King North 26 ¾
and West 95 poles to a red oak, thence North 26 East 15 poles to the black oak,
then North 50 West 42 ½ poles to a rock on J. S. Davis thence North 48 ½ piece
to 59 poles to a rock on John Headlock s thence South 44 East 68 poles to a
black oak thence South 34 North 41 poles to a rock at the Lane, thence down the
Lane South 32 East 43 ½ poles to the stake N. B. Headrick with the same.
South 54 ½ North 16 poles to a rock thence South 24 with ½ East 18 poles to a
stake in the road thence South 8th North to poles to a stake at the
Walnut corner at the creek owned J. H. Hardin s thence of the Greek South 37 ½
with 26 poles to the beginning.
And one other small tract.
Beginning at the pine on J. D. Lawson and H. S. Hardin s and J. S. Davis thence
with Lawson South 57 West 40 holes to a black oak thence North 16 East 50 poles
to a stake thence South 38 ½ East 33 to the
Page 372
Beginning.
Thirdly all the other lands, money
or property after the above has been complied with, shall be equally divided
among all my bodily heirs.
Lastly, I do hereby nominate and
appoint W. B. Headrick as my executor in witness whereof I do to this my will
set my hand and seal this 22nd day of February 1884.
Nancy A. Headrick
Signed, sealed and published in our
presence and we have subscribed our names here to in the presence of the
testator this 22nd of February 1884.
Pro. Sept. 25th 1889
W. C. Hardin
W. H. King
Admitted to probate October 7th
1889
See record page 286
J. J. Ellis, clerk, county court
Page 373
Will of Darius Robertson
State of Tennessee
Sevier County
Know all men by these presents that
I Darius Robertson of said County and state being in feeble health but sound
mind and disposing memory, do hereby make and publish this my last will and
testament, revoking hereby all former wills by me at anytime made.
First, it is my will that my burial
expenses shall be first be paid out of any money or that I may leave on hand at
my death.
Second, is my will that my beloved
wife Mary Jane, shall have all my household and kitchen furniture, during her
life or widowhood: also all my money left on hand, personal property, it is
further my will that my said wife shall have all my money and real estate
during her life or widowhood, to control and manage as she thinks to her best
interest.
Third, it is my will that, should my
wife die before my youngest children shall become of age to wit: 21 years old,
there they are to remain at the housestead can have control, and the benefits
of all my land and other property for a home, provided that any of my children
who are or and may be unmarried, shall have this same rights as the minors to
make this their home and receive a support from said farm and property and
shall have the same rights of control as the minors
Page 374
But this shall not apply to them
should they marry and be set up for themselves.
For us, it is my will that at the
death of my wife, Mary Jane, shoes she lived beyond the date when my youngest
child shall become all they each, and if not, then when my youngest child
attains the age of 21 years, all my personal and real property including money,
shall be equally divided among all my children:to wit: Elizabeth Shepherd,
Sarah Kathryn Maples, Clarrissa Sharp, George C. Robertson, Emily Butler, M. C.
Robertson, Rebecca P. Robertson, D. L. Robertson, and Martha Adaline
Robertson. Provided that if those of my children who have not received a
horse shall still at that time not have received a horse or its equivalent then
in that events I desire such children to have a horse not to exceed $85 in
value. Then all my property as a foresaid to be equally divided among all
my children. It is my will that my land be sold at the death of wife, or
when my youngest child shall become of age as above stated, by my executor in
the proceeds be divided among the children, instead of having a land divided in
kind among them.
See us to do, I hereby appoint and
constitute as my executor to wind up my business and carry out the provisions
of my will my son M. C. Robertson.
In witness of all of which I have
hereunto set my hand on this the 29th day of August 1888.
Darius Robertson
Page 375
We need the undersigned work, by the
Darius Robertson especially to witness the above or foregoing instrument as his
last will and testament. He signed the same in our presence, this the 29th
day of August 1888.
J. R. Peuland
S. A. Sims
Admitted to probate November 4th
1889
Record number 6 p. 316
J. J. Ellis, clerk
P. 376
Will of Samuel Rolen
State of Tennessee, Sevier County
I Samuel Rolen being weak in body
and sound mind do hereby published this is my last will and testament.
First, I direct that all my just and
legal debts be paid out, and also my funeral expenses, be paid out of the first
monies that may come into the hands of my executor.
Second, I hereby given bequeath to
my age father and mother, Joab and Annie Rolen all of my real estate that I now
own in Sevier County, to wit: one house and lot in the town of Sevierville
Tennessee improvements thereon, town of Sevierville, Tennessee, said House and
lot situated on the Southside of Main Street and the East by S. M. Frame, North
with the Main Street, West by M. P. Thomas, south by the M. E. church Parsonage
lot, and is now occupied by A. W. Trotter. About one acre lot, lying on the
south by Main St., bounded on the east by William Thomas, west Catlett s stable
lots south R. B. McMahan and, North by Main St. on which lot is small orchard
one small corn crib, one old shop or cowhouse, which is known as the Dr. Hammer
s property, it is also 1/5 interest in one house and lot lying on North side of
Main St. known as the Republican star printing office.
Third, also give and bequeath all my
personal property to my said Father and Mother, Joab and Annie Rolen consisting
of notes and due bills
Page 377
County warrants, school orders,
horses, cattle and livestock of all kinds I now own and judgments. I
hereby appoint my nephew Samuel T. Proffitt to carry out conditions of this
will. I hereby authorize him to take charge of all my papers and collect
all notes due bills, County warrants, school orders, taken their receipt for
the same. The same Samuel T. Proffitt need not give any bond. I
expressively waive his doing so, only to be sworn in as executor to take charge
of my business and for proceed to collect and pay over all monies collected as
soon as may be. He is also authorized to take charge of the lots and rent
the same. And the pay the rents over to my father and mother, Joab and
Annie Rolen. I want to said Samuel T. Proffitt to be well pay for all his
services as my executor. Witness my hand and seal this November 9th
1889.
Sam Rolen
Attest
Samuel T. Proffitt
George Rolen
Admitted to probate December 2nd
1889 and,
Record number 6, Page 323
J. J. Ellis, clerk
Page 378
Will of John Mullundore
I, John Mullundore of Sevier County
State of Tennessee do make and executed this last will and testament revoking
our former wills by me heretofore made.
First, it is my will that my
executor out of the first monies that may come into his hands to pay my just
debts that I may be owning at the time of my death including my funeral
expenses.
Second I will and bequeath to my
wife Dialtha P. the use and benefit of all my estate in both real and personal
for and during her natural life, to be used for her support and the benefit of
our family as she may think best.
Third, I will and bequeath to my son
David R. Mullundore pay one-half interest in my home farm were I now live on
the West Fork of the little pigeon River adjoining the the lands of P. P.
Seaton and others said farms containing about 350 acres be in the old track and
adjoining entries, but in part coursed the round of said land are requiring him
to pay the son of $100 to teach my children as follows, Mary A. Brown, E. L
Mullundore, Nancy M. Catlett, Susan C. Montgomery, Jane E. H. McCown, Sally J.
Mullundore and W. W. Mullundore, to fall due and payable one-half in one year
after the death of my wife and the other half two years after the death of my
said wife. That this request is to be subject to the life estate of my
Page 379
Said wife.
Fourth, I will and bequeath to the
children of my son A. L. Mullundore the other half interest in said farm,
subject however to the life estate of my wife, but my son A. L. Mullundore to
have the use and benefit of said interest in said land for and during his
naturalized for the benefit and support of himself and family, but in part
consideration I require him to pay the sum of $100 to each of my children as
follows, Mary A. Brown, D. L. Mullundore, Nancy M. Catlett, Susan C.
Montgomery, Jane E. L. McCown, Sally J. Mullundore, W. W. Mullundore to be due
and payable one-half in one year and other half in two years after the death of
my wife.
5th is my will that my
executor after the death of my wife, personal property that may be on hand,
except my survey instruments and books and divide the proceeds equally between
all my children.
6th, it is my will and
bequeath to my son David R. Mullundore my survey instruments.
7th, it is my will that
my books be equally divided between all my children.
Page 380
8th, I appoint David R.
Mullundore and A. L. Mullundore executors to execute this will.
Witness in my hand and seal this 12th
day of March 1878,
John Mullundore
Attested at the request of John
Mullundore this 12th day of March 1878.
M.W. McCown
M. P. Thomas
Codicil
In the fourth article of this will
to make the following change, that is in the event of my son A. L. Mullundore
should not feel able to pay the amount he is to pay to the others of my
children that he be authorized to sell part of said land referred to in said
article at private sale. So as to enable him to make payments according
to set article or of he thinks best. He may sale of the whole of the land
will to his children and reinvest the same for the him.
In the third and fourth articles of
this will W. W. Mullundore was willed $100 to be paid by David R. Mullundore
and $100 to be paid by A. L. Mullundore, it is now my will that said bequest be
changed and made payable to John T. Mullundore, son of
Page 381
W. W. Mullundore do as specified in
said articles.
This 27th day of
September 1882
John Mullundore
Attest
M.W. McCown
W. B. Seaton
Admitted to probate in December 30th
1890, E. P. 328 and 329
Record number 6
J. J. Ellis, clerk, County Clerk
Page 382
Will of Calvin Chandler
I Calvin Chandler of the county of
Sevier and the state of Tennessee, declare this to be my last will and
testament.
I give and bequeath and devise to my
son B. L. Chandler his heirs and assigns, my personal property.
Consisting of notes, accounts, horses, cattle, hogs, wagon, corn, etc.
And track of land described in his deed.
That the said B. L. Chandler pay all
my debts, support me my lifetime and pay all funeral expenses.
I give and devised to my daughter
Barbara Thomas her heirs and assigns the tract of land described in her deed.
I give and devise to my daughter
Daisy Chandler her heirs and assigns the tract of land described in her deed.
I give and bequeath to my son W. C.
Chandler his heirs and assigns an account of about $12 that I hold against him.
I appoint said son D.L. Chandler
executor of this my will and testament. And desire that he shall not be
required to give any
Page 383
Security for the performance of his
duty. In witness whereof I, Calvin Chandler have hereunto set my hand and
seal this 28th day of October in the year of our Lord 1889.
Calvin Chandler
Subscribed by the tester in the
presence of each of us, and at the same time declared by him to us his last
will and testament.
Witness our own hand this 28th
day of October A. D. 1889.
R. M. Irvin
C. G. Wayland
The reason I did not will my son W.
C. Chandler anymore property in this will is I sold him land some years ago at
one-third of its value. I intended at the time to sell him the said son
the land at so low a price for that to be his part of my estate.
Calvin Chandler
Admitted to probate January 25th
1890
See record number 6 p. 412,
J. J. Ellis, clerk
Page 384
Will of John Arwood
I John Arwood of Boyds Creek of the
county of Sevier in State of Tennessee being of sound mind make this my last
will and testament.
First, I desire that my debts and
accounts be settled out of any personal property and the remains of said
personal property. I give and bequests to my wife Rebecca for the use of
the family at home.
Second, my real estate I give and
devised to all my heirs including my wife Rebecca as heirs so long as she
remains my widow.
Third, I request and desire that my
real estate remain undivided until my youngest error is of lawful age.
Fourth, I appoint my wife as a
guardian of my children and executor of my last will and testament so long as
she may remain my widow.
Fifth, I give and devise a small lot
of ground for a place of burial for all my family and a limited number of
friends and neighbors said ground is known to my family and on which I desire
to be intended.
Sixth, when money and his child
becomes of lawful hives are that, land be equally divided among all my tears including
a wife Rebecca as one of my tears so long as she remains my widow. Should
she remarried then she forfeits her heirship and her share or part shall revert
to be so divided equally among my heirs.
7th, should any of my
children wish to rent, lease or otherwise use any portion of said real estate
they shall have the preference. But I expressively forbid the useless
destruction of timber such as selling rails logs off the place.
Page 385
Eight, in the division of the land
when my youngest air is of lawful age I desire that the division be made in
such manner as to give to my wife Rebecca the homeplace. But that she
forfeits the same should she again marry or crease to be my widow.
Ninth, I asked and demand that my
heirs do not sale or dispose of their interest in said the estate except to
each other.
Tenth, in witness whereof I John R.
Arwood have hereunto set my hand in seal this 16th day of May in the
year of our Lord 1889.
John Arwood
Subscribed to buy the tester in the
presence of each of us and at the same time declared by him to us his last will
and testament.
Witnesses
Samuel M. Hammer
Betty Hammer
Admitted to probate Jun. 2nd
1890
Record number 6 p. 520
J. J. Ellis, clerk of the County
Court
Page 386
Will of George T. Thomas
I George T. Thomas to make and
publish this is my last will and testament hereby revoking and making void all
other wills by me at any time I made. First I direct that my funeral expenses
and all my debts be paid as soon after my death as possible out of any monies
that I might die possessed of or may first come into the hands of my executor.
Secondly, I give and bequeath to
Martha M. Thomas my wife, all my lands to have full and exclusive control of
the same during in her natural life and after her death to be equally divided
between the lawful heirs.
Thirdly, I give and bequeath to
Martha W. Thomas my wife all my personal property and all my personal assets
and effects if any after my funeral expenses and debts have been paid to have
full and exclusive rights to control. I further request that Martha M. Thomas
my wife give to my lawful heirs when they become of age marry equally according
to her ability. Lastly I hereby nominate and appoint John B. Walker
executor.
In witness whereof I do to this my
will set my hand and seal this January 31st 1889.
George L. Thomas
Signed sealed and published in our
presents and we have subscribed our names hereto in the present of the tester
this January 31st 1889.
Witnesses
S. S. Roberts
C. L. Ogle
Admitted to probate June 4th
1890
Record number 6 p. 526
J. J. Ellis Clerk
Page 387
Will of Amanda Floyd
I Amanda Floyd of the county of
Sevier and State of Tennessee do make this my last will and testament, making
void all others that may have been made. I, Mandy Floyd been a sound and
composing mind but physically weak.
First, first it is my will that my
two children Hettie Chandler and Luther Chandler one girl of majority, one boy
a minor, that they have all my real estate consisting of one house and lot in
the town of Sevierville in the fork of the East and West prongs of little
pigeon River bounded as follows. On the north by the East pevry, pigeon River,
south by the West prong of the pigeon River on the East by the land of John R.
Maples and on the West by the junction of East and West prongs a pigeon River
containing front, see deed.
Second, it is my will that as to the
household and kitchen furniture, Luther Chandler is to have one bedstead, bed
and covering for same, and Hettie Chandler is to have the remainder part of
both household and kitchen furniture all that is there may be on hand or in my
name.
Witness my hand and seal this 22nd
day of May 1890.
Mandy Floyd
Attest
S. S. Brown
N. A. Parton
Admitted to probate June 30th
1890
Record number six at p. 527
J. J. Ellis, clerk
Will of L.N. Baxter
L.N. Baxter do this day will and
bequeath, notes and accounts, household and kitchen furniture and property and
all the proceeds and estate that may be owing to me by legal heirship to my
wife, marry a Baxter and my errors and that of John Williams be appointed as
guardian to take charge of all the proceeds and collect all the monies on the
notes that I owe, and use one ever is necessary for the use and benefit of my
wife, Mary A. Baxter as long as she remains my widow. But in the case she
should marry the proceeds is to then call to go to my errors except the House
vote in kitchen furniture and the livestock is to belong to my wife in case she
does marry. And all the money that is collected to go to the use and
benefit of my tears.
This is to be my last will and
testament after my death.
This the six day of February 1889
L. N. Baxter
Page 389
The Will of W. C. Burns
State of Tennessee, Sevier County,
I W. C. Burns of said county and
state being in feeble health, but of sound mind and disposing memory do hereby
make and publish this my last will and testament hereby revoking and making
voiding any and all other will by many heretofore made.
First, it is my will that my
executor pay first out of any funds that may come into his hands, my funeral
expenses.
Second, it is my will that my
executor after playing my funeral expenses sell all my personal property except
what herein and after excepted an otherwise directed on a credit of 6 in 12
months taking notes from purchaser with good personal security bearing interest
from date and apply the proceeds as fast as the same can be legalized to the
payment of any other of my just debts.
Third, I will to my wife Mary A.
Burns all the lands willed to her by her father George Rimel. Which is a track
of land in Wears Valley known as the Garden Jones land together with all my
household and kitchen furniture to further including any and all of her own
household and kitchen furniture. It is my will further that my said wife have
one red cow named Jersey . It is my will that my executor after paying
all my debts as herein provided pay to my wife Mary A. Burns the sum of $200 to
be used by her as she thinks right and proper.
Page 390
Forth, is my will further that all
my tract of land known as the George Rimel farm lying south of a conditional
line beginning at a water gap, below, the house at a walnut and hickory, near a
rock corner about 19ft above the line of John Rimel running thence of the
meander of the brack, a south easterly direction a persimmons tree about 50
yards from the George Rimel spring running thence a straight line on a easterly
direction through a low gap on the ridge at the Stankey Hollow at the mountain
field to W. M. McCage Trentham s. I be so by my executors soon after my death
and at either a public or private sale as may think best and the proceeds of
same be applied to the payment of my debts.
And I hereby direct the late my
executor to divide said land lying south of said conditional line into two
parts by a line beginning on said conditional line fifteen rods from the fence
running up the mountain running thence parallel with the mountain fence and for
said up the mountain to the back line in the Stankey Hollow.
I desire my executor to sale said
track of land dust divided into two parts separately burst, then asked how old
and adopt the sale that brings the most money. Said land to be sold on a
reasonable price. If the land above directed to be so together with my
personal property is not sufficient to pay all my indebtedness than I direct my
executor to sell my tract of land in Wears Cove, adjoining James Mattox and
Mary A. Burns. Known as the Jim Mattox land containing 23 acres more or
less than apply the proceeds to the payment of any balance
Page 391
Of my indebtedness.
Fifth, I will and bequeath to
William Ernest Henderson my infant grandson that part of mine George Rimel farm
lying north of the conditional line heretofour described an adjoining the lands
of the Elmer W. Trentham, Thomas Russell and John Rimel. On this tract of
land there is a deed of trust made to J. R. Peuland, trustee for the benefit of
Nancy Rimel. To secure two notes, one for $500 and the other for $600 or
little bit more then that amount. And also to secure R. H. Andes as
surety for me on certain notes described in said deed of trust.
Should there not be enough realized
of the personal property and that part of the George Rimel farm directed to be
sold and the James Mattox track to pay all my indebtedness I desire and will
the Nancy Rimel debt be postponed to last. That is I desire my other
debts paid first in should there are not be enough to pay said Nancy Rimel what
is or may be due her then I direct my executor to rent the lands herein will to
William Ernest Henderson as aforesaid to the best advantage every year and the
proceeds or rent included in the crop or crops growing on the leading same at
my death to be applied on the Nancy Rimel debt until the same are all paid in
full. And it is expressly stated and understood that said William Ernest
Henderson, does not take, any interest in tract of land until my said debts are
all satisfied in full. And furthermore after all my debts are paid
including the Nancy Rimel deed of
Page 392
First, I directed my executor to pay
the rents to all this tract of land to my little granddaughter Gertrude Belle
Burns, until she arrives to the ages 21 years, after these charges are
satisfied and after said Gertrude Belle Burns arrived at the ages 21 then this
land is to be William Earnest Henderson and not till then. And should the
same William Ernest Henderson die before this tract of land falls into his
hands as above indicated that I desired to go to his legal heirs after said
charges herein put on it are all satisfied.
Sixth, I have assumed and agreed to
pay William Catlett $200 for my son A. J. Burns for which I had executed my
note and should my said son payee said Catlett debts, then I direct by executor
to pay he the sum of $100 for what he has expanded in building a house where he
now lives on the Rimel farm room for. But should he not pay said debt
that I think the value of the house would about be on equitable and first set
off against the beds and this I willed and direct. He is to have not more
then six months after this will takes effect to elect what he will do.
Seventh, either read my executor to
pay all taxes assessed on that part of the George Rimel farm not directed to be
so as the same may fall due, and keep fences in proper repair out of the rent
of the same before applying the same to debts as before directed
Eighth, I hereby appoint my friend
R. H. Andes executor of this my last will and testament and authorize him to
take into his possession as soon as practicable after my death, personal
property and sell the same to sell lands herein directed to be sold make and
execute deeds therefor and to do
Page 393
All and thing herein directed
necessary carry out the purpose and the provisions of this will. And the
said R. H. Andes as such executor is not required to give bond the same being
hereby expressly waived.
Given under my hand and seal on this
the second day of July 1890.
W. C. Burns
Signed sealed and delivered in our
presidents on above named date we are being called expressly to witness the
same.
J. R. Perland
John W. Benson
After reflection and reconsideration
I wish to make the following changes and amendments to the foregoing will.
First in article third in addition
to what I said apart for my wife Mary A. Burns I will that the 23 acres of land
known as Mattox land adjoining her land along to her to have hold or convey to
sheep leases on the condition that there is a sufficient amount realized out of
the land and other property to liquidate or pay off all my indebtedness as I
really believe there will be if well-managed
Second in article sixth of this will
in reference to my son A. J. Burns is null and void and no effort in the
following is substituted for the same to wit
That my executor be authorized and
instructed to play my son A. J. Burns the actual cost for lumber, material and
labor in the creation of his house where he now lives as soon as the money may
Page 394
Come into his hands to pay the same
and my son a J. Burns has properly made out his account.
Third, that the rent (seven bushels
and a half of corn annually) do the widow Jennie Hatcher during her natural
life be paid out of the proceeds of the farm.
W. C. Burns,
Signed sealed and delivered in our
presidents on the above named date we being called specially to witness the
same.
R. A. Andes
John W. Benson
Admitted to probate August 23rd
1890,
Entered on page 11, record number 7
J. J. Ellis, clerk of County Court
Page 395
The Will of Beveradge Branam
I, Beveradge Branam the make and
publish this as my last will and testament hereby revoking and making void all
other will 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
monies that I die possessed of or may come into the hands of my executor.
Second, I directed David P. Branam
have and possess all the lands in the Eastside of the right hand fork of Webb s
Creek.
Third, I direct at Baxter H. Branam
have all the lands on the west side of said creek known as my homeplace.
Fourth, I direct that Elizabeth
Shultz and Rachel Shultz to be paid $100 each out of my personal property said
money paid to be paid by said David P. Branam and Baxter H. Branam.
Best, I do further direct that said
Baxter Branam random paid to Eli Branam s heirs $10 out of my personal
property.
Sixth, I do further set my hand and
seal to this as my last will and testament at my death and my wife s Mary
Branam death, and that above named heirs shall be lawfully seized of said real
estate and personal property as above described in this will.
This the 31st day of
August 1880.
Beveradge Branam
Attest
William Valentine
John B. Walker
Admitted to probate August 12th
1890
Entered on page 9, record number 7
J. J. Ellis, clerk
Page 397
Will of L. H. Catlett
I Loftees H. Catlett of County of
Sevier instead of Tennessee, do make and execute my last will and testament as
follows:
First, it is my will that after my
death, that all my just debts that I may then be a owing be paid out of my
personal estate.
Second, it is my will that should my
wife survive me that she had the use and benefit of my estate both real and
personal before and during her life.
Third, it is my will that after the
death of myself and my wife that my four sons to wit, Samuel Catlett, Leonard
Catlett, Henry C. Catlett, and William A. Catlett have my land but that they
shall pay to my three daughters to wit, Nancy E. Kear, Hannah Atchley, and
Rebecca J. Catlett each $100, that is to say each of my daughters to receive
$100 to be paid within one year after the death of both myself and wife.
Fourth, it is not wield a shared
either of my sons died leaving no children in that event my surviving sons
shall take my real estate upon the above tenure.
Fifth, it is my will that my three
daughters above named shall have all my household in kitchen furniture after
the death of myself and wife, to be equally divided between them in event
either of them should die leaving no children then surviving ones to receive
said bequest, and that should either of my daughter should die without children
there that the surviving ones to receive the $300 to be paid by my sons as
expressed in third item of this will.
Sixth, it is my will that after my
death and the death of my wife that what remaining personal estate that I may
have
Page 398
Aside from the foregoing bequest, be
equally divided between all my children. It is my request is also the
partition of my land that should my Sons be unable to agree upon the division
at that they may select three good men to partition the land between them.
It is my widow they should either of
my sons wish to sale out their interest in said Lyons, that they shall sell it
to the other balls called my sons. It is further my will that should
either of my sons fail to pay their part of the $300 which is to be paid to my
daughters and others of them pay it, then the ones paying it shall hold the
interest of the ones failing to pay until it is paid back to them.
Should any of my sons of the
cultivating the lands at the time of the death of both myself and wife, that
they shall hold the same for one year with the crops by paying taxes were said
year.
I appoint my son Samuel Catlett as
my executor to execute this will.
This 15th day of April
1885
L. C. Catlett
Signed it executed in our presents
15th April 1895
M. W. McCown
W. M. McPherson
Admitted to probate October 6th
1890
See record number 7, page 64
J. J. Ellis, clerk
I, H. D. Bailey, County Clerk for
Sevier County do hereby certify that I have to this day to compared the
original will with this copy, and that original will was signed L. H.
Catlett. This June 14, 1930.
H. D. Bailey, clerk
Page 399
Will and testament of Bryant Breeden
and wife Mary Breeden
Bryant Breeden and Mary Breeden do
make a published our last Will and testament hereby revoking and making void
all other wills by us at anytime made.
First, the wee direct that our
funeral expenses and all our debts be paid as soon after our deaths as possible
out of any monies that we may die possessed of or made first come into the
hands of our executor.
Second, we give and bequeath to
Martha Inman one dollar.
Third, we give and bequeath to Susan
Inman s heirs the sum of $50 to be paid to each all her living heirs.
Fourth, we give and bequeath to
Catherine Hurst 1 dollar.
Fifth, we give and bequeath to Louis
Breeden one dollar.
Sixth, we give and bequeath to
Calvin Breeden s heirs $50 each.
Seventh, we give and bequeath to
Thomas Breeden s heirs $50 each.
Eighth, we give and bequeath to
Snuth T. Breeden s heirs $50 each.
Ninth, we give and bequeath to
Amandy Smith one dollar.
Tenth, We and bequeath to March
Breeden one dollar.
Page 400
Eleventh, we give and bequeath to
Elizabeth Ball 1 dollar.
Twelfth, all the one dollar bequests
are made on the consideration that the parties to whom the said one dollar
bequests are made have hereunto for received their part in land deed to them.
Thirteenth, the above request or
wills is to be given out of the proceeds of the two tracks of land that is to
be sold and distributed made by the executor of said estate after our day
of. Said land is bounded as follows.
1st tract. Beginning at the mouth of
Rocky branch the enters into the millpond, corner to Matthew Balls, thence
northwardly with Ausbern Ball s line to the top of the mountain, thence with
said Ball s line to George Allen s line, thence with said Allen s line to Mary
Thomas s line, thence with said line to Matthew ball s line, thence with said
Ball s line to the beginning.
2nd tract, beginning at the mouth of
the branch that enters into the mill pond on opposite side from the barn of
Ausbern Ball s, thence but said branch with Matthews balls to the cleared land
corner to Mary Thomas s, thence with Mary Thomas s line to George Allen s line
on the top of the mountain, thence with George Allen's line to Maples line,
thence with William Maples lines to the cross fence thence, corner to Ausbern
Ball s, thence with said
Page 401
Ball to the beginning.
14th, we further
contracting give to Ausbern Ball the control of the above tracks of land at his
discreet in so long as we shall either of us live, and said Ball support and
maintained without the right to transfer. Said Ball is to have said land
free rent.
Lastly, we do hereby nominate an
appoint Matthew Breeden are executor, in witness whereof we do to this our will
set our hand and seal this 12th day of August 1889.
Bryant Breeden
Mary Breeden
Signed sealed and published in our
presence and we have subscribed our names hereunto in the presence of the
tester, this the 12th day of August 1889.
Attest,
Matthew Ball
Levi Sullivan
Admitted to probate November 3rd
1890,
See record No. 7 page for order of
probate.
J. J. Ellis, clerk
Page 402
Will of J. W. Trotter
I, J. W. trawler of the county of
Sevier State of Tennessee do hereby make and constitute this my last will and
testament, making avoid all other that may have been made. Being of sound
mind but physically weak.
First, it is my will that all my
just accounts be paid.
Second, it is will that all my
funeral expenses be paid out of any money that may be on hand or that may first
come into the hands of A. C. H. Trotter for estate.
Third, it is my will that A. C. H.
Trotter, have the proceeds of a threshing machine in which I have an interest
from this day forward, or dispose of as he may see cause or that will be most
of his interest.
Fourth, it is my will that A. C. H.
Trotter, my brother have and control and use as his own (after my death) all
money, notes etc that may be on hand, or that may be due after complying with
stipulations of this will. And that he is to collect any outstanding
accounts that may be (at the time of my departure from this life) due.
Fifth, it is my will that I have a
control, money during a natural off then to be and remain A. C. H. Trotter as
spoken of in section 4. Witness my hand and seal this may the 6th
1890.
Attest
H. S. Emert
T. D. W. McMahan
J. W. Trotter
Page 403
Will of J. W. Trotter admitted to
probate December 1st 1890.
See record number 7 p. 83
J. J. Ellis clerk County Court and
Page 404
Will of Jacob Widner
I Jacob Widner Boyds Creek in the
County of Sevier, and the state of Tennessee. Being of sound mind and
aware of the fact that sooner or later I, like all other men will be called to
quit the walk of man. This hereby make this my last will and testament on
this the 14th day of June 1890.
I will in the clear to my wife Sarah
A. N., all my personal property including any money that may be on hand at my
death, also what may be accrued on my pension. Also. I will and
bequeathed her two notes, one on my son William for $130, and one on my son
Joseph for $100. I will bequeath that the interest on the above two notes
be equally divided among all my heirs. I hereby appoint Samil M. Hammer as my
administrator of this my last will and testament. Given under my hand and
seal this 14th day of June 1890.
Jacob Widner
Witness
Hattie R Cowan
W. H. Cowan
Admitted to probate March 2nd
1891.
J. J. Ellis, clerk County Court
Page 405
Will of Cleson Robertson
I Gleson Robinson of the County of
Sevier, and the state of Tennessee, and do make and publish this my last Will
and testament, hereby revoke it in making void all former wills by me at any
time heretofore made and,
First, I direct at my body be
decently interred at Red Bank Church in said County in a manner suitable to my
condition in life, and has to such estate as it hath pleased God to entrust me
with, I dispose of the same as follows,
First I direct that all my debts and
funeral expenses be paid as soon after my decease as possible, added any monies
that I may die possessed of or may come into the hands of my executors from any
portion of my estate, real or personal.
Second, I give and bequeath to my
wife Martha Robinson, my home farm that I now live on and also that part of the
farm off land that Rousus Patterson now lives on, that part to with I will her
all that part of said land that lies on the right hand side of the road that
runs of through the field to what is called muddy hollow of said Hollow to my
line and all that portion of land on the right of said line, and the said
Martha Robertson s is to have the
Page 406
Above named lands during her
widowhood or lifetime,
And I will my property that I die
seized of any kind during her widowhood, and also will her $100 cash to go to
the use of taxes, support etc during her widowhood. Then I will her one
sidesaddle, one chest, one bed and furniture to do what is as she pleases
with. And also I am willing if my wife Martha chooses to take a child s
part of my estate for her to have it and if she takes a child s part I will her
an additional to wit, side saddle, one cow, one bed and furniture, also I will
my wife Martha $500 to make her equal with the balance. Then I have paid
the amount to then she is not to have any interest on the $500. Then that
makes her equal with the balance. A further order and to read that my
grandson Benjamin Robertson Son of Lipton Robertson that was living in
Missouri, I will to him $500 and no more of my estate.
I also will to my granddaughter
Julia Robinson, one side saddle and bridle, one cow or heifer, one bed and
furniture that she may claim. Also will her $100 in cash
Page 407
I further directing will that all my
land is to be put up together and sold together at the same time. At the
debt or marriage of my wife Martha, the lands to be sold on twelve months
time. He and incase my wives Martha takes a child s part of my estate,
the lands all to be sold together and my death on 12 months time, and all my
property to be sold at my death in the same terms only that part that I willed
as in addition over a child s part to her to wit: 1 side saddle, one chest, one
bed and furniture and one cow.
And I further order and direct that
all the proceeds of estate in any part thereof in any way the same to be
divided between my hers equally as follows to wit: Lilman Robertson is to have
in the first place he is to have $500, a note I hold on him without interest,
and that equal heirs with the balance, then Derioes Robertson is to have a $500
note that I hold on him without interest, then to be equal with the balance.
Our order and direct that Caleb
Robertson have a $500 note I hold on him, then equal with a balance. I
also direct that Carissa Emert have $500 of note that I hold
Page 408
On her husband D. M. J. Emert, then
she is to be equal with a balance. Also direct that Elizabeth Murphy have
a note I hold on John Murphy without interest for $500 then she is to be equal
with a balance.
Also direct that Cleson Robertson,
my son have a note of $500 at all hold on him. without interest, then equal
with the balance. I also direct that Julia Fox have a note I hold on C.
H. Fox for $500 without interest, then she is to be equal with the balance.
I also direct Robert Robertson have
a $500 note I hold on him without interest in equal with the balance. I
furthermore willed antiquities in addition to my two sons Lilman and Darius
Robertson all that portion of land that Rufus Patterson live on that lies on
the left-hand side of the road up to the Muddy hollow then up the hollow to the
back line. I do hereby make, ordain and appoint my esteemed Sons, Deriar
Robertson and Robert Robertson, boring case one refraining, for John Murphy to
take his place, as executors of my last will and testament, in witness thereof
by Gleson Robertson the said tester have to this my will on one sheet of paper
written, set my hand and sealed its first-ever march 1875.
Gleson Robertson
Attest
J. C. Murphy
D. C. Robertson
Admitted to probate June 6, 1891
J. J. Ellis clerk
Page 409
Will of William Latham
I William Latham of sane mind.
Make this my last will and testament.
First, after I am dead I want my
children paid for taking care of me and paid all my debts and funeral expenses.
Second, I want my property sold and
pay all the expenses above named.
3rd if any remains out
won t it divided equally of between Abigail Graves, Vincent Latham, J. M.
Latham, William Latham, Jackson Latham, Richard Latham, Edward Latham, and
Elizabeth Graves.
4th, I appoint my son
Vincent Latham executor of my last will and testament.
Witness my hand and sealed this the
25th day of April 1891.
William Latham
Attest in
W. C. Dunlop
A. Rogers
Admitted to probate July 6, 1891
Record number 7, entered page 238
J. J. Ellis, clerk
Page 410
Will of Matilda Roberts
I Matilda Roberts this day to
execute my last will and testament.
I am seized and possessed a tract of
land in district No. 9 County of Sevier, state of Tennessee, bounded as
follows, viz.; north by Louis Falconnier and Berry Burnett. South Andrew
H. Pitner, East A. H. Pitner and Mary Pitner, West, Joshua Hines. And
containing by estimation in 142 acres more or less.
I bequeath the above described tract
of land as follows viz.; to John H. Roberts are bequeath all the above
described track of land lying south of the public road leading from Sevierville
to Knoxville without any consideration whatsoever I also bequeath to said John
H. Roberts a second portion of the above is described track of land bounded as
follows; beginning on pay H. pit nurse lined west of the House were J. H.
Roberts now resigns, he and or near the public road leading from Knoxville to
Sevierville the ends with said public road to Mary Pitner s line, thence with
Mary Pitner s line a northerly direction to the mouth of the ditch coming out
of said Matilda Roberts field thence to a westerly direction with said ditch in
a direct line to pay H. Pitner lined. So as to strike this Ed L. H.
Pitner lined nine rods south of a sassafras corner to this Ed A. H. Pitner and
the said Matilda Roberts near a cross fence.
Page 412
Thence A. H. Pitner s line a
southerly direction to the public road to the beginning. Provided the
said John H. Robert pays to Diannah Clark $100.
If this John H. Robert fails to pay
the said Diana Clark the sum of $100, James A. M. Roberts is to pay the said
Diannah Clark the sum of $100 and have the land (the last portion described).
To James M. Roberts I bequeathed all the remainder of the track of land as
described in the beginning of my last will and testament. By this J. M.
Roberts pained to U.E. Murphy and P. J. Falconnies this sum of $100 each, this
I bequeathed to this J. M. Roberts partly in consideration although $146.37 of
the purchase money that he advanced in the foregoing described tract of land.
The foregoing parties are all heirs of my body.
I hereby appoint O. M. Whittle to
execute this my last will and testament. This my last will and testament signed
sealed in the presence of
J. R. Chandler
D. R. Pitner
This October 31st 1877
Matilda Roberts
Admitted to probate July 20th
1891
J. J. Ellis, clerk
Page 413
Will of Huge Goforth
State of Tennessee Sevier County
In the name of God amen, we Huge
Goforth and wife Nancy Goforth; now in the uncertainty of life, and the
certainty of death, do this day jointly, make and publish this our last will
and testament. Our will is that during our natural off we live upon and
received our support off of our son William Goforth s share or lot of land that
we need this day have allotted off to him by nuts and bounds.
Notwithstanding we will retain their rights of cultivating and using the
proceeds off the girls share allotted today on while they remain single and
with us we mean when we say the two girls Iva and Caldona. Hetta E.
Thomas receive no more of our estate as she has her set apart to her in land
and has little to the same. Third, to Mary A. Elkins we have paid
to her in cash $500 and is all of her part of our estate, she is to have no
more. Forth, to our daughter Fatina Junie Rawlings and even if we live to
give her $500 out of the note due us from J. D. Davis and if we should die
before we get it and pay it over, our will is that she received the said sum of
$500.
Page 414
Out of said note against said Davis,
our will this said sum put into land when received.
Fifth, to our son John Goforth we do
this day we ll lend lease studio and transfer income they unto DM and his/her
heirs and assign forever a certain tract, of land containing 41 acres unto
tract of land his wife Cornelia paid in of her money. $400, the said
tract of land is bounded as follows, beginning at a stone on the Hardin s line
and a division corner between John and William Goforth and runs said division
line South 79 East 58 poles to the stake near a poplar marked as a
pointer. With the same North 37 ½ East 34 2/3 poles to a stake in that
Ellis ferry road leading to the strawberry Plains Road North 68 East 22 poles
to a stake in the same manner, South 89 West 14 poles to a stake in the same
manner, North 69 we asked 7 1/3 poles to a stone by said road on the south side
of the road, then North 132 poles to a small black oak at the fence, then with
said fence west 34 poles to a black oak on the Hardin s line and with said line
South 159 poles to the beginning. And this is his portion of our estate.
Sixth, we have this day set apart to
our daughter Iva Goforth are part of our state in lands, which land in both
pieces combined make a little over 18 acres and each piece is respectively
bounded as follows, the piece that lies on the French Broad River is bounded as
follows, begin another French broad river a little over one pole below where
the spring branch entities into said River and runs north 36 ½ east 29 poles to
a stake one pole from the barn shed south 61 ½ East 6 poles to a
stake
Page 415
North 29 East 10 ¼ polls to the
center of the road leading past the academy and onto the line of tract willed
to William Goforth, then was said line and road north 69 when asked 53 poles to
a stake in the same, then with the barn lot fence east of the barn south 20
east 9 poles to a stake. Then with the south side of the barn shed and the
fence north 61 ½ way as to 15 4/5 poles to a walnut on the west side of the
Ferry Road, then with the Ferry Road South 31 West 30 poles to said River at
the river boat landing, then up to said River of River ¼ poles to the
beginning.
The second track bounded as follows,
began at the stake in Sevierville and strawberry Plains Road a corner to John
Goforth, and runs with same and Road North 69 west 7 1/3 poles to a stone is
corner on the south side of the road then with his line and line of said piece
the timbered ally and given to W. Goforth North 145 poles to the stake and
pointer on the back line with said line is 17 poles to a stake and then pointer
on said line and corner of lot given to Caldona Goforth, then was said line
south 1 ½ way as to 1481/4 polls to a stake in the said road and on John Goforth
s line, then with the road in said line south 89 West to the beginning, and is
all she is to have of our estate.
Seventh, we do this day bequeathed
and set apart to her daughter Caldona Goforth in land her part of our estate
which is also into separate tracks, containing when combined a little over 18
acres, the river a lot bounded as follows, begin another French broad river a
corner to Elizabeth Carter and runs with a same
Page 416
North 33 East 40 poles to a bar post
corner to the same, and corner to the lot set apart to William Goforth then
with his line North 69 West 5 1/3 poles to stake in the road a corner to Iva
Goforth with her line South 29 West 10 ¼ poles to the stake North 61 ½ way as
to six poles to the stake, one poles from the barn shed, South 36 ½ way is 29
poles to stake at the river a little over one poles from below where the spring
branch empties into said River, then up to said River 11 ¼ poles to the
beginning. The sake along our track, begins at a stake in the main fairy road leading
to the planes and corner to John Doe for us and runs was said road and Goforth
South 68 East 14 poles to a stake in said road and a corner to William Goforth,
with his line North 13 ½ East 3 ½ polls to stake corner to the signing and
Elizabeth Carter s with her line North 1 ½ keys to 148 poles to a pine and
hickory. Then with the old line West 17 poles to stake and a pointer on corner
to Iva Goforth s with her line South 1 ½ North 148 ¼ poles to stake in the big
road on John Goforth s line with same North 89 East to the beginning.
Beginning at a hackberry, a French
broad river corner to Hardin s and runs with the same North supposed 34 poles
to a rock, a corner to John Goforth, then with his line South 79 East 58 poles
to a
Page 417
Stake near a popular as a pointer
with same 37 ½ East 34 2/3 poles stake in the Ferry Road, with the same in said
Road North 68 we asked to 8 poles to the stake a corner of Caldona Goforth with
her line North 13 ½ East ½ poles to a stake, a corner to the old survey and
Elizabeth Carter was her line east 14 poles to stake with same, South 25 poles
with the same, South 39 East 56 poles to a bar post, then with Caldona s river
lot and also Iva s River lot north 69 West 10 2/3 poles to a poles to a stake
in the academy Road. Then with barn lot fence east of the barn South 20
East 9 poles to stake then with the south shed of the barn and a lot fence
North 61 and West 15 4/5 poles to black walnut on the west side of the Ferry
Road then with said 31 North 30 poles to the river at the boat landing then
they down said river as it meanders to the beginning.
The second piece be all the timbered
land, north of the fence, and north of John Goforth s land to the back line and
is bounded as follows, beginning at a small black oak corner to John Goforth at
the fence and runs the fence. With 34 poles to a black oak on Hardin s
with his North 14 poles to the stake old corner then with the old line east 34
poles to the stake and then corner pointer to Ira Goforth, with her line south
14 poles to the beginning.
All the foregoing is my will and
bequeaths, and if we do not have it registered during our lifetime it is
Page 418
Ordered to be done after our deaths
in testimony hereof we do unto call G. W. L. Heill and Alfred M. Wright as
witnesses to our signatures. All erasures and interlines were made before
dating and signing of this will,
This 7th day of may 1887
Huge Goforth
Mary Goforth
A.M. Wright
G. W. L. Heill
Admitted to probate September 7th
1891
On records page 270 to 271
Page 419
Will of William Fox
State of Tennessee, Sevier County,
Aug. 20th 1889
I William Fox have this day made my
will as follows. All the land that I own owned Waldens Creek, severe
County Tennessee, beginning with my upper farm Riley L. Fox and Lilman C. Fox
10 have it, beginning at the line between me and Henry Huff at the branch down
the branch to the road, up the road a few rods to go straight across the
bottoms to the Mulberry to the Creek, thence across the creek to the top of the
mountain to the line between me and J. W. Sutton.
Although land that I have above this
line is for the two said boys to have and hold as their against all claims.
This line is to begin at Gillespie s
line on the little Laurel at the branch. Down the Branch to the fence,
then with the fence to the road.
And with the road to the
bridge. Then down the branch to the creek, then up the creek to a sulfur
spring, then across the creek, then with the fence at the upper bottom, at the
upper end at the top of the top of the mountain to John W. Sutton line.
Although the land below this line is
for Adam E. Fox and to have as his against all claims. The said four boys
is
Page 420
Is to pay Martha Jane Fox $600, for
her part of my estate. These boys are Adam, Riley, Lilman and Marker Fox,
$150 John A. Fox has got his part of my estate.
He don t have to pay the M. J. Fox
none, Adam E. Fox is to collect all debts and to pay all debts, that I owe and
that is due me.
After all debts are paid, if any
remain I wanted to be divided between my wife, and all my children equal.
W. Fox
Attest
J. H. Baker
M. J. Huff
Admitted to probate April 7th
1890,
See page 4, record number 6,
J. J. Ellis, clerk
Page 421
Will of J. S. Maples
Last will and testament of J. S.
Maples. Know all men by their presents, that I J. S. Maples of
Catlettburg, Tennessee, be of sound mind, and memory make this my last will and
testament.
First I will to my beloved wife
Anna, the farm we now live on for all the balance of her natural life, to be
used in support of her and our three little children, E, E., Walter P and Jesse
J. Maples.
Second, it is my will that all my
personal property on my farm be sold to the highest and best bidders, excluding
all that my wife Anna, may need to render her happy and comfortable.
Third, as to my storehouse lot and
goods etc it is my will that my brother Stewart A. Maples taking immediate
control of all that part of my business, and that he shall continue to buy and
sell merchandise to the best ability, for the space of 8, 10 or 12
months. It shall be understood that a fire policy on both goods and house
shall be kept up at such notes as keep the property safe from loss of fire, so
long as he continues the business. At the expiration of eight, ten or
twelve months he shall proceed to sale out all my goods and merchandise at cost
or to the very best possible advantage.
Page 422
It is my will that all accounts, due
bills, and notes etc now outstanding shall be collected by him. And that
all book accounts shall be closed and that out of all the proceeds of all my
personal property, goods and accounts that he shall pay, honest beds now do or
that shall hereafter fall due.
Fourth, space it is my will and
desire that my house and lot in Catlettsburgh Tennessee, shall be sold after my
present businesses shall be wound up and closed, and that it shall be sold
shall cause it to bring the most money. And it is understood that
my brother Stewart shall have the preference space of the said lot at the price
it cost me which is about $475.
Fifth, as to my farm Kelins Creek in
my will is that he shall be so to the highest and best bidder at a private
sale. If such a sale can be affected profitably, otherwise at public
outcry, but to the party or parties making the highest bid.
Sixth, I do nominate and appoint my
brother Stewart A. Maples as executor of aforesaid will, when he shall have
made sufficient bond to enter upon his official duties.
Page 423
Seventh, now as to my stock in the
French broad River transportation company my will is that it shall remain where
it is so long as the Company continues to exist and that the dividends be paid
over to my wife and Anna and so that she may have free pass when passing to and
from Knoxville.
Eighth, my further will and desire
is that when all property has been disposed of and all my debt being paid that
all the balance my money to be loaned by the guardian of my children, and that
all of it shall be secured by good solid parties or secured on deeds of trust.
Ninth, is my will that my only son
Walter P. shall have after the death of my wife Anna, his mother, the home farm
the one we now live upon. But it is understood that is to be valued at
$1000 and in order that my children may all be made equal my will is that if
there is not enough money on hand to make them equal than the said Walter P.
shall pay them a sufficient amount to make them equal to him.
In testimony thereof I have this day
signed each of four sheets of paper containing my last will and testament, in
the presence
Page 424
Of the undersigned witnesses,
This February 18th 1892.
J. S. Maples.
Witnessed by
Samuel Huffaker
A J. Kyker
Admitted to probate the ? day of ?
1892,
See order book No. 7 page.
Page 427
Will of James Mattox
State of Tennessee County of Sevier
I James Mattox all said state and
county be an sound mind and memory, but knowing the uncertainty of live to
make, declose, and publish this my last will and testament hereby revoking any
and all others by me at any time heretofore made.
Item first, I direct at all my just
debts if any exist at the time of my death, be paid by my executor or legal
representative.
Item second, I give and bequeath to
my two children James and Ellen both by my present wife, equally share in share
alike, all the land and realty I may own at the time of my death, subject to
this provision is herein and after made in regard to the use and proceeds
thereof.
item third, in like manner I give to
my said to children the money and also the proceeds of notes and beds that may
be owing me at the time of my death and all other effects share in share
alike. Provided that their titles to said a land and other effects, shall
be subject to the following provisions to wit. My wife Susanah P. she
shall have full control and use of said land and the proceeds thereof, for the
support of herself and said children and education of said children (it being
my desire that each of them have a good English education) until they arrive at
the age of twenty-one years, unless my said wife should marry again before that
time, she may also keep use or
Page 428
Dispose of aforesaid purpose all or
any part of my personal property for its proceeds but should my said wife marry
again, that her use and control of said land and other effects to cease.
Item forth, the money or proceeds of
debts that may be on hand at my death or that may accumulate as the proceeds of
said property above as support aforesaid may be reinvested in real estate for
my said children, in the discretion of my legal representative.
Item fifth, I want my beloved wife
Susannah P. executor of this will, but if she should marry, then her said trust
and office of executor shall crease and the court to shall appoint a suitable
administrator to execute this will.
Item sixth, my said wide as executor
of this will shall have full power to dispose of personal property and the
proceeds of said lands as aforesaid, the collect debts and compromise doubtful
over probably without order in her description she shall it be necessary to
have any appraisement of my estate nor inventory of claims or shall it be necessary
for her to make returns of sale this position or proceeds of their personal
property or proceeds of said House, while she controls the same, except all
such surpluses thereof as an her description. She may have above what is
necessary for support and education as herein before provided.
Item seventh, to the provisions
herein made for support of my said wife and to be in lien of and a bar to dower
and the usual twelve-month support. I have taken heretofore made a fair
and just
Page 429
Distribution all property and money
among all my older children by a former marriage and therefore have made no
bequest to them.
In testimony whereof I, the said
tester do herewith set my hand and seal on this 26th day of December
1888.
Signed, sealed and declared and
published by James Mattox as his will in our own presence & the same as
described witnesses by his request in his presence and in the presence of one
another.
My seal James Mattox, the tester,
subscribing witnesses
W. B. Emerts
J. A. Tarwater
The erasure made in the latter part
of item No. 2 was made in my presence and by my direction, this the 25th
day of December 1891.
Seal of tester
James Mattox
Subscribing witnesses
W. B. Emert
J. A. Tarwater
Admitted to probate November 21st
1892,
See record book; record number seven
page 566
Page 430
Will of John Marshall
I John Marshall being impressed with
the uncertainty of life and the certainty of death do make and ordain this my
last will and testament.
Item First, is not desire that as
soon as possible at my debt that all my debts and funeral expenses paid, and
for that purpose I desire my executor to sell some of my livestock.
Item second, I desire that my
beloved wife Catherine Marshall to have the control and benefit of all my lands
during her lifetime.
I don t want any timber sold off the
farm I desire that after her death that the land be divided in three parts
between the three boys, by their paying the girls $150 and if either the boys
fail on this part and then the girls are to have a chance at the land.
Item third, I desire after my debts
and funeral expenses are paid that the remainder of my personal property to go
to my beloved wife Catherine Marshall was duly and raising the smaller children
in making them equal with the older ones, I desire that the farm be divided so
as to give William the upper end, Robert the middle and Therman the lower
end. And if they cannot agree on the lines they can get three
disinterested men to divide for they. I hereby appoint as my executor Robert
M. Marshall and William L. Marshall.
This November 27th 1882
John Marshall
Attest
John Ogle
John F. Stoff
Admitted to probate December 5th
1892,
Record number seven page 572
Page 431
Will of Nellie Galyean
Boyd s Creek
Sevier County, Tennessee
March 21st 1891
To whom it may concern:
That I, Nellie Galyean knowing the
uncertainty of life and the certainty of death, and being in sound mind, having
this day and date calls to my last will and testament to be made, as follows:
I will that my real estate be
equally divided between my four children to wit: Harvey or his heirs, John or
his heirs, Mary or her heirs, Wilson or his heirs.
Should either my children wish the
homestead than I desire that the place be valued by three disinterested men and
said child shall within a reasonable time to be designated by the court, pay
over to the other heirs what shall be due them.
As I am, and have been living with
my son Wilson, I have given him the proceeds as said place. Should I at
any time before death make my home with either about other heirs, then I desire
that said heirs shall have the rent said homeplace during in my residence with
he or she. I appoint as my executor W. S. Trundle, should he be allowed, and in
case of his death at that I appoint C. W. Fox as executor of my last will and
testament.
I desire and will (Misty Ellen)
Harvey s girl shall have my bed. composed of featherbed, pillows, sheets, quilt
etc. Complete. I also desire that my daughter Mary Sanders shall
have all my wearing clothes. I do not require my executor to give bond,
as I believe they will do what is right.
Nellie Galyean
Witness
S. M. Hammer
M. M. Hammer
Betty Hammer
Page 434
Will of Ahas W. Bryan
I, Ahas W. Bryan being in the
enjoyment of usual good heath of the body, and in full possession of the
facilities of my mind.
But in view of my age and the
uncertainty of life, I hereby an eerie in fully set forth my last will and
testament.
Part one. I give, grant and
confirm unto my dearly beloved daughter Sarah McCampbell and to the heirs of
her body begotten my home farm situated on both banks of Dumplin Creek in the 8th
civil district of Sevier County, Tennessee adjoining the land of W. H. Dreman,
James Bryant, William Bryant, and Thomas Brown, Joseph Moore, containing 108
acres more or less. To be Sarah McCampbell so long as she may live then
to belong to the heirs of her body begotten together with all the appurtenances
thereto belonging.
Part second, I do hereby give, Grant
and confirm to my dearly beloved wife Elizabeth Bryant, a tract of land
described as follows: space adjoining the lands of John Swan, William Coonts,
Doc Bryant, S. N. Douglas Pate heirs of Samuel Mount, and for more exact
description reference is made to a deed for the above track given by S. N.
Douglas to me, bearing the date November 9th 1887, my wife Elizabeth
is to have and hold in her own right forever together with all household and
kitchen furniture together with all personal property of which I may owned at
my death. To be hers to use and control forever. Now it s so be
that my wife Elizabeth should
Page 435
The part this life before me, then
part two of this will to be null and void. But part first to be in full
force and effect.
I do hereby appoint Rev. H. C.
Hamsted as my executor to fully carry out the devises of this last will and
testament.
Ahas W. Bryan
Witnesses
William H. Koons
Mary Ann Koons
Admitted to probate May 1st
1893
Entered page. record 31
J. J. Ellis, clerk
Page 438
Will of Melvina Gilliams
State of Tennessee, Sevier County.
I Melvina Gilliams do make and
published this my last will and testament. First I direct that after my death
and burial that my funeral expenses be paid out of any monies that I may have
or that may come into the hands of my husband Leander Gilliam s.
Second I will all my real estate to
my husband Leander Gilliam s, that after my death that he had all my land.
Third that my husband Leander
Gilliam s have all my personal property and that he takes all my property into
own care and control. whereunto I set my hand and seal on this 25th
day of August 1889.
Melvina Gilliams
Attest
R. R. Reagan
L. B Cogdill
Admitted to probate at April 3rd
1893,
minute record page 20,
J. J. Ellis, clerk
Page 439
Will of Caleb Ogle
I Caleb Ogle to make and publish
this my last will and testament hereby revoking in 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 the
money I may die possessed of or may come into my executors hands.
Second that I give and leave my land
and property to my wife, Lydia Ogle, after her death.
Third, I give and bequeath to Mary
Husky, my daughter and her husband Stephen Huskey all my land and all my house
furniture.
In witness whereof I do to this my
will set my hand and seal this 2nd day of November 1889.
Caleb Ogle
Signed sealed and published in our
presence and we have subscribed our names in the presence of the tester on this
2nd day of November 1889,
Attest
R. R. Reagan
R. N.Ownby
Admitted to probate January 1st
1894
J. J. Ellis, clerk
Page 440
Will of John S. McCroskey
State of Tennessee Sevier County,
I John S. McCroskey do make and
publish this my last will and testament, hereby revoking and making void all
others by me at any time made.
First I direct that all my funeral
expenses and my debts be paid as soon after my death as possible, out of any
money that I may die possessed of or may first come into the hands of my
executor.
Secondly, I give and bequeath to my
wife Myranda J. M McCroskey, real estate, and personal property during her
natural life.
Thirdly, I give and bequeath to my
son Robert J. McCroskey all our real estate lying south of the public road leading
to Maryville to Sevierville except about 30 acres lying on the South Eastside
of the road leading from Waylends to Lewrdler roads.
Fourthly, I had given to my son J.
E. McCroskey about 56 acres of land lying on the South side of Maryville and
Sevierville by deed of conveyance (see deed of conveyance) to which reference
is made.
Fifthly, I give and bequeath to my
two daughters Sarah A. Emert and Myranda C. Pickens, all my real estate north
of the public road.
Page 441
Leading from Sevierville to
Maryville except what I have conveyed by deed to my son J. E. McCroskey
the said Sarah A. Emert and Myranda C. Pickens must pay to the heirs of my son
Marcus W. McCroskey $300 which would be $150 each.
Lastly, I do hereby nominate an
appoint Robert James McCroskey executor and he shall not be required to give
bond, and witness whereof I do to this my last will set my hand, this 31st
day of January 1894. Signed and published in our presence and we have
subscribed our own names hereto in the presence of the tester. This 31st
day of January 1894.
All erasures and interlining done
before signing,
J. S. McCroskey
Attest
J. R. Chandler
M. McCroskey
Proven May 29th 1894 by
Mark McCroskey.
Page 442
Will of Caleb Jenkins
Know all men by their presents:
I Caleb Jenkins do hereby make this
my last will and testament.
First, My will is that all my just
debts shall be paid and the funeral expenses shall be paid off.
Out of my personal property each of
the children shall have viz. Levi Jenkins have $100, M. J. Jenkins shall have
$100, W. J. Jenkins shall have $100, Sind Fronebarger (deceased) shall have
$100, Fanny Keer shall have $100, and Adaline Williams (deceased) shall have
$100, R. J. Tarwater shall have $100, Martha Helton shall have $100, Isaac
Jenkins and Nancy Keeble received their portion in land, she above named
children shall have out of my estate the amount named above given unto my hand
and seal this September 16th 1892.
Caleb Jenkins
Attest
W. A. Fronebarger
W. R. Fronebarger
Page 443
Will of H. S. Blair
In the name of God, Amen,
I H. S. Blair of Sevier County TN
and late of Lincoln County of the state of TN being of sound mind but feeble
health but committing to mind the mortality of my body knowing that it
appointed to all men to die, to make and publish this my last will and
testament, hereby making void and revoking all former wills made by me at any
former time.
First of all I recommend my soul to
the hands of God Almighty that giveth it and my body to the dust from whence it
was taken to be buried in a Christian decency at the direction of my executrix
and executor, not doubting but it we ll be raised again at the general
resurrection and as to such property as it has pleased to intrust to me with it
I will that it be disposed of in the following way and manner, that is to say
that my will that all my just beds and funeral expenses be paid out of any
money that may first come into the hands of my executrix and executors and from
any part of my estate.
Second I will and bequeath to my
beloved wife Mary Jane Blair, all my personal property of every description
including household and kitchen.
Page 444
Furniture of every description, and
all notes and cash that I may have on hand at the town my death. And I.
Will and bequeath all my real estate that I have consisting of one farm of 80
acres more or less situated in Meredianville district of Madison County,
Alabama bounded on the east but what is known as the Layman farm and on the
south by John Patterson, on the west by Jake Battles and on North by J. H.
Newman and John Patterson. To have and control during her natural life.
Also one tract of land in Flintville
Lincoln County Tennessee, district No. 3 containing eight acres more or less
for which I paid $750, and win it is sold or disposed at the price paid for
it. The heirs of my said wife s body is to have $375 out of said amount
if not sold or disposed of for the purchase price they are to have a portion of
said amount that it may bring when sold. also are willed to my said while Mary
Jane Blair my to lots lying West of said eight acres lot containing 17 acres
more or less, she is to have full control of them during her natural life and
at her death all of the two lots to be so, if not so before her death, and the
proceeds to be disposed of
Page 445
In the following manner, to the
following president living children Mary Jane Shrader, Sarah B. Layman, Asa L.
Blair, Irene C. Newman, Catherine R. Patterson, Josephine C. Hudson, Samuel
Julson Blair, Christopher C. Blair is to have each $144.31 and after said
division if there should be in the left it is to be equally divided between all
my living children.
Also will and bequeath to my oldest
son E. M. Blair the balance on a $100 note of $31.21 dated January 12th
1896 without interest in also one account of $113 without interest making him
equal with my other children to which I willed each $144.31 and I also willing
and bequeath to each of the following grandchildren $10 each viz. Lavinia
Luallen, Caswell Caughon, Matilda Caughon, Sarah Caughon, Edia Caughon, Martha
Burchfield now Romines, Elizabeth Burchfield, Smallwood Burchfield, Oscar
Burchfield, Aaron Burchfield, Gertie Burchfield, Arthur Atchley in John
Atchley. And is my will and desire that if John Patterson pays the first
notes $358.80 now to by the first of January 1895 that he be charged
Page 446
No interest on said note also the
remaining notes each $358.80 dollars I hold against him he shall have three
years time after they are due by him paying lawful interest on said last two
notes. I do hereby make and ordained and appoint my wife Mary Jane Blair
and Samuel Judson Blair my executrix and executor of this my last will and testament
and they are to have full power to sell, convey and deed any and all real
estate and carryout any existing contracts that they may see fit to do.
In witness whereof I, H. S. Blair, said tester have to be as my last will
written and attached as aforesaid set my hand and seal this the 6th
day of April in the year of our Lord, 1894
H. S. Blair
Subscribed by the tester in the
presence of each of us and at the same time declared by him to us as he is last
will and testament,
Witness our hand this the six-day of
April 1894
E. N. Johnson
D. R. Pitner
Admitted to probate July 3rd
1894,
J. J. Ellis, clerk