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

 

Page 388

 

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