Page 447

Will of J. C. Murphy

Know all men by these presents that I, J. C. Murphy of Sevier County, Tennessee being advanced in years that in good health and of sound mind and disposing memory do here by make and publish this my last will and testament hereby revoking and nulling any and all other wills by me heretofore at any time made.

First: I. Will and bequeath to my beloved wife Polly Murphy my house farm where I now live or as much thereof as she may want or desire during her natural life. And furthermore my will is that my executors shall furnish my said wife any monies that she may be in need of for any purpose anytime before her death out of such moneys as they may have on hands when such need may arise.  After I death I will that my executors for administrator shall pay called mine just debts of the first moneys that may come into their hands including my funeral expenses.  It is also my will that and desire that my said executors or administrators purchase and have erected at the graves of myself and my wife aforesaid plain that neat and respectable tomb stone as soon after the death of each of us as may be convenient: second I will and bequeath to my son John Murphy the house farm where I now live but not to fall into his hands till my wife’s death as aforesaid.

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Rules on mutual agreement between her and he and in said home farm lying in severe County on the Big East fork of little pigeon River adjoining the lands of the Hodsden heirs Alexander Nuembanger, the Darius Robertson’s farm and said River: also another small piece of land and adjoining said home farm and lying near the church Murphy’s Chapel, containing about 1 acre and also another small track of land adjoining P. R. Emert and others known as the Isa Hill entry and contains about 6 ¼ acres and bought by me at the sale of R. H Hodsden (deceased) and also one other small piece of six acres of the same width as the last named 6 ¼ acres and lying or running parallel with the same on the southeast side of it and bounded as follows;

Began in and the 6 ¼ acres corner and Elbert Early announced Stephen Hinds and running with him toward the river a sufficient distance to make the six acres aforesaid.  All the aforesaid lands to be valued are hereby valued to the said John Murphy at the sum of $6000 but the said John Murphy shall not be charged with interest on the foregoing valuation for foregoing value dictation unto said lands fall into his control as hearing in contained explained at his mother’s death.  Third I will and bequeath to my daughters era he can announce era he actually hearing her naturalized into her tears, two farms that she now lives onto it: are pieces known as the George Parry track containing something near 100 and cayenne acres the other trackball by me at the sale of R. H. Hodson deceased and containing about 130 acres both these track of lying in the 15^th civil district of Sevier County and then and adjoining the lands of thereon outlined and others.  These two tracks of land are varied by me to my said daughter had $1400

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But also include herein advancements made to her prior to the 25^th day of October 1875 of about $300 making in all in this charge to her at this time $1700.  Also one other tract of land situated in the 13^th civil during district of Sevier County known as the Nancy tract No. 11 in my plat of mountain land containing 78 ½ acres.  Also one other tract of land No. 12 in said plat a adjoining the last named tract and known as the Suton track containing 74 acres.  These two last named tracks are willed to Sara E. and her heirs the former taking a child’s part to be disposed of by the them at anytime after my death and in such manner as they see proper.  By the assigning to remove the restrictions on the two last tracks here named to it No. 11 and No. 12 in plat which I have placed on the two first named tracks.  These two last named tracks are hereby value to said Sarah E. and her heirs at the sum of $1000 making the entire value of all the said lands herein devised to said Sarah E. and her children as aforesaid $2700.

I further desire and will do what ever then maybe come to Sara E. and her heirs to make her equal to the others of my children shall be paid to Sara he for (she taking a child’s part with her children

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And her children or heirs equally by my executor or demonstrator these disbursements to be made by my said executor to the children aforesaid as they become of age if this can be done and apart this area he and she may need to sign if this can be done;

Fourth, I will and bequeath to my daughter Priscilla Newcomb during her natural life and then to her heirs the farm where she now lives and known as to C. A. Cleminson farm containing 125 acres.  This farm is valued to her at $1300 which with $300 advancement made to her prior to the 21^st day of October 1875 makes a full amount your charge to $1600.  Also willed and desire to her the said Priscilla during her natural life then to her heirs another track parcel of land which are purchased of John Murphy my son lying in the 4^th civil district and on the south or southeast side of little East Fork bounded as follows commencing on a post oak corner to Mcembarger and Hodsden’ heirs thence running with Mcembarger 2 this said Little East Fork then it down be meander of same to near a water or gap opposite the old turning row present turning row and fence row then running with said turning row near West corner to a cedar with the lap cut out in said turning row or fence row and then was said turning row too big road and lane and crossing same to line of Fox and Hodsden and the end with said Fox and Hodgens line to the beginning supposed to contain 40 acres more or less

Page 451

This track is valued to her at the sum of $1200.  Also I. Will and bequeath to the said Priscilla absolutely to dispose all that she deems best another track of land situated in the 13 civil district of severe County and Lot No. 8 in my plat of mountain lands aforesaid known as the big chestnut plant track containing 115 acres in value to her at the price of $900.  All of the aforesaid tracts of land here devised to said Priscilla valued by me at $3700.  The rest of her share to make her equal to my other children shall be paid to her by my executor or administrators.

Fifth, I will and devise to my son W. C. Murphy, a track land situated in the 13^th civil district of severe county known as the old fields and Lot No. 15 and my plat of mountain lands containing 184 acres and valued at to him at $1200.  The said W. C. Murphy shall be made equal to my other children by funds to be paid to him by my executor or administrators.

Sixth, I will and devise to my daughter Margaret C. Dickey during her natural life and then to her heirs track land where she now lives and which I purchased from John Murphy except six acres heretofore willed and devise to John Murphy on the

Page 452

Backside and corner of the same containing 194 acres more or less and value to her at $2200.  I also will and bequeath to said Margaret E. during her natural life and then to her heirs another tract on the west side of little east fork and opposite the dwelling house where she now lives commencing at the Bank of the river of aforesaid near the bank gate and the old road thence running with a conditional line of me and A. E. Murphy established by us in his lifetime the fence being near said line or probably on it to a black oak on the line of myself and Hodsden heirs at the big road near the gate then running south or SE with the public road and then the line of Fox and Hodgins to the turning row that divides VS and the track devised to pursue a new crowd as hereinbefore mentioned and described thence with said Priscilla’s line to the little in East Fork just above the water gap thence down the meanders of said river to the beginning containing 25 acres more or less valued to said Margaret E. at $800 or both the foregoing tracks last named at $3000.  I also will and bequeath to said Margaret E. Dickey during her natural life and then at her death to her heirs.

Page 453

One of the track of land known as is Sneed farm and No. 9 and my plat of mountain land and situated in the third a civil district of Sevier county containing 125 acres more or less and value to her at the sum of $900 making all the lands herein devised to said Margaret E. value at $3900 any balance that may be necessary to make the said Margaret E. equal in amount to other children I desire that my executors to pay her if on hand as she may need to same.

7^th, I will and devised to the heirs of A. E.  Murphy deceased to wit Mattie Murphy, Alexander Murphy, S. C. Murphy, Mary Murphy, JC Murphy (Jr.) and Campbell Murphy a tract of land cutoff of the Fox and Mcmitt at farm it be in the lower half or division of said farm as shown by the conditional line established by me and the said AE Murphy in his lifetime containing 300 acres more or less and situated in the fourth civil district of Sevier county adjoining the lands of Isaac Trotter, Hodson’s heirs and the lands herein.

Page 454

Devised to Margaret E. Dickey and valued at $4000 said land to be held in common by said children of AE Murphy and not to be so or divided by any of them until the youngest one shall become of age then to be so or divided as they seem best and must equitable for them.  Also one other track I Will to said heirs lying on the waters of the Big East for a little pigeon River in the 13th civil district of said County and Lot No. 10 as shown in plot of mountain lands containing 80 ½ acres and known as the Emerts Cove Road track.  Also all will said heirs one other track No. 14 in said map or plat of mountain lands containing 83 acres and two rods known as the little chestnut track farm both of these two last name tracks valued at them at $1100.  These two last name tracks may be so, executor at such time and in such manner as they may deem most advantageous to said children or if deemed best it may be held by said children.  All of the land herein devise to said AE Murphy’s heirs are valued to

Page 455

them at  $5100 and any balance that maybe due them to make them equal and amount to the rest of my children shall be paid them by my executors.

I will and devised to my heirs of my deceased daughter Rebecca to wit: M.  H. Dickey (now Leaks) Robert Dickey, Stuart Dickey, and Loretta Dickey lime farm known as the ceilings farm also the farm known as the J. W. Mitchell farm and a small track of five acres known as a Micajah Butler piece adjoining Fowler and others and all of which lies in the fourth civil district of Sevier County and bounded by Fox Simmers and others and containing 108 acres more or less than valued to them by many at $2800.  These land shall be held in comments by said heirs is not so nor divided to the youngest child shall become of age also another known as a Duggan track and No. 4 in my plat of mountain land containing 87 acres in one rod.  It also one other track known as the Lowe track and Lot No. 3 as shown in said plot containing 43 acres and adjoining Lot No. 4.

Page 456

Making in both last tracks named 138 acres valued to them at $950 these last two tracks may be sold by my executors at any time and in any manner that they may deem best for said heirs.  All of the land herein devised to said last named heirs valued at $3750 any balance that may be due said heirs to make them equal with the rest my children shall be paid them by my executors.

Ninth, how well and denies to my two granddaughters Mary Carver now Mary Simms, Della P. Murphy equally to tracts of land to wit: situated in the 13th civil district of said County on Binds Creek there being lots No. 1 and No. 2 and my plot of mountain lands No. 1 containing 51 acres and three rods known as the Ogle track and No. 2 containing 42 acres and three rods and known as the Tennessee track making in both 93 acres and six rods.  I value these lands a $650 this I give them for services rendered myself and their grandmother and it is not to be considered as any part of my estate going to either of their parents but to be separate and apart and for their benefit only.

Tenth, I will that all my debts due me now or hereafter to become due me from any of my children and heirs as mentioned in my will as shown

Page 457

My receipts accounts notes are otherwise shall be counted to them severally and respectively as advancements and at the time said indebtedness was made that no interest shall be charged to any of them on such advancements and for such receipts accounts and etc reference is then made to my receipts on file and my account book labeled Children’s book.

Eleventh, it is my Will that no timber shall be sold off any of the land herein and bequeathed at any other devises except by consent of my executors.

Twelfth, it is my will that all of my heirs shall settle on the basis of my will and that if any one of the said heirs shall institute suit against my estate contrary to my will than it is not my will that such one shall not received anything for my estate but that his or her part shall be once divided equally between all the rest are my heirs.

Thirteenth, it is my will that all my children shall share equally and my estate and should any of them under the provisions of this my will receive more than his share on the basis of this will there such ones shall account to my estate for any overplus two years shall be

Page 458

Given such an one in which to settle said overplus and interest shall be charged on said overplus for said two years or until paid and should payment not be made within two years than my executors shall sale enough of his or her or their land either at private or public sale to pay same with interest.

Fourteen, I will and bequeathed that all my lands not herein before devised and will and personal property shall be sold by my executor on such terms as they may think best except for such as my wife may need for her purposes during her life.

Fifteenth, I hereby reserved the right to change or add to this will by codicil signed by me and witnesses as I may deem right and proper and such codicil to be considered as part in partial of my Will.

Sixteenth, I hereby appoint my sons John N. M. C. Murphy my executors to carry out the provisions of this my last Will and testament.  In witness of all of which I have hereunto set my hand and seal on this the 12^th day of December 1889.

Signed

J. C. Murphy

We the undersigned were called especially by J. C. Murphy above to witness said will which was signed in our presence and date above written

J. R. Pearland

M. C. Robertson

Page 459

I, J. C. Murphy BN in rather feeble health butt of sound mind and disposing memory do hereby make and I and the following provisions a codicil to my last Will and testament heretofore made to wit: on the 12^th day of December 1889 which were to be considered with and become a part of said will and become full force and effect and setting that my estate by my executors.

First in disposing my home farm where I now live as shown by item two of said Will I made no exceptions or reservations of the graveyard or burying ground on said farm known as the Murphy graveyard.

I now hereby reserve said graveyard out of said devise of said tract of land together with right-of-way over in a suitable greyhound to it from the public road near the river.  It is my will that said plat or partial graveyard now fenced off and constitutes said graveyard be used as a family burying ground for my children and their legal heirs and for such other persons as they in their judgment makes the proper to allow buryment theirin a right-of-way to same from public road is

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Specially reserve to save suitable ground where least damage will be done to growing crops or the land it is not intended.  Hereby to lay off any road or definitely fixed way from the road to say graveyard but to give right-of-way over the land where it will would do the least damage at particular time.

Second, there are certain matters of account and growing of between myself and my son John Murphy between the day of September 4^th 1886 and the present day including various items some for money furnished by me to said son John and some for other matters amounting in all about $800 but part of which has been repaid to me from time to time by my said son we have at this day adjusted all matters of account on note between us between said two dates into it September 4^th 1886 and this day and while it has perhaps not been fully paid to me that my son said son John Murphy owed me yet for satisfactory reasons to myself it is my will that my executors charge my son John Murphy on no

Page 461

Items of account between said date herein named that all said matters between said day to be considered settled and squared between us.

Third, in the ninth item of my said will I give and devised to my two granddaughters to wit. Mary Simms and Della P. Murphy (now Chandler) equally to certain parcels or lots of land known as lots No. 1 and 2 in the plat of my mountain lands one known as the Ogle track and the other one as Tennessee track when containing 51 acres and the other 42 or both together 93 acres.  I now change said item of my said will so as to give and devise both of said lots or parcels of land in full to said Mary Simms alone to do with the same as she may think proper.

For the 80 ½ acre lot of land known as Lot No. 10 in my plat of mountains lands which in my said will was devise to the heirs of A. E.  Murphy I now hereby devise and give to Della P. Murphy (now Della P. Chandler) my granddaughter during her natural life then

Page 462

Then the remainder to go to her legal heirs first heirs of her body if she should have any if not then to her legal heirs.  This is given to said Della P. to compensate her for what was taken away from her by the preceding items in this codicil.

Fifth, consider changing the heirs of A. E. Murphy with $1100 in item 7 of my said will for lots No. 10 and 14 containing 80½ acres and 83 acres respectively I now change them only $550 for the 83 acre tract No. 14 in said plat of land.  The 80 ½ acre tract being No. 10 and having herein by item 4 of this codicil devised to my granddaughter, Della P. Chandler and the two being valued at the same by me I therefore reduce said charge from $1100 to $550 giving to the heirs of A. E. Murphy only the 83 acre track consider both as shown in said will item 7 in witness

Page 463

Where all I hereto set my hand and seal in the presents of the undersigned witnesses on this the 20th day of August 1894.

James C. Murphy

We the underside witnesses were especially, by J. C. Murphy whose name is above signed.  To witness this installment as part of his last will and testament.

Witnesses

N.D. Simms

L. D. Robertson

Page 464

Malinda Sneed will's

Know all man by these presents that I Melinda Sneed of Strawberry Plains Jefferson County state of Tennessee considering the uncertainty of life and being sound mind and memory do make and declare and publish this my last will and testament.

First, I give my spirit to God who gave it

Second, I give and bequeath unto the D. H. Willis and Sarah Willis is why and the heirs of my body the farm lying on Holston River known as the Todd farm where Isaac White now lives.

Third, I give and bequeath unto the heirs of my body where Mariah Henry and Minerva Saffell and my brother William Bryan (deceased) space the proceeds of the French Broad farm which shall be sold by my executor who I Nominate and herein after appoint.

Fourth, I give and bequeath to Mrs. Sarah Willis my one-half interest in the house and lot situated in Strawberry Plains.  The bequeath to take possession at the death of my sister Elizabeth Carter.

Fifth, I give and bequeath to Isaac White to promissory notes which I hold against him for loaned money and must be turned over to him by my executor.

Page 465

Sixth, I give and bequeath to Mrs. Margaret Farmer $100 to be paid her in cash by my executor.

Seventh, I give and bequeath to Jane Fulton $100 to be paid her in cash by my executor.

Eighth, I set apart a full and sufficient sum of cash out of my personal property to enclose the graves of my deceased husband and daughter and myself with iron fence and also durable and neat tombstone together with funeral expenses.

Ninth, I give and bequeath all the remaining portion of my personal estate which I made me signed of at the time of decease to heirs named in clause 3 of this my last will and testament.  I nominate and appoint the D. H. Willis to be the executor of this my last will and testament without bond in testimony whereof I have this last will and testament.  I subscribe my name and set my seal this the 20^th day of August A.D.1894

M. Sneed

Page 466

Signed sealed declared and published by the said Melinda Sneed and for her last will and testament in the presence of us at her request and in her presence, in the presence of each of us have subscribed our names as witness hereto

R. L. McDowell

N. M. Dukes

Page 467

Will of William Catlett

I, William Catlett of Sevierville TN do make this and publish it as my last Will and testament hereby revoking and annulling all other wills or testaments dispositions by me at any time made.

First, I will bequeath unto the children of my sister Clarissa Wells this sum of $2000 each except Mrs. Ada Beal, and I devised to her that part of my home farm which lies on the southwest side of Middle Creek including the hotel property and adjacent buildings the same being bounded by the lands of M.  P. Thomas Murphy college property William Dixons lot and the road to the Creek and the Creek; to have and to hold during her natural life, and then in remainder for life to her two children Ben and Stella, and the remainder in fee to the right heirs.  Also direct that all of the proceeds and profits of the property so will to said children, their said Mother Clarice Wells, shall receive so far as necessary as good and comfortable support while living.

I Will and bequeath unto my said Sister, the sum of $1000, which I direct that she deposited in the bank of Sevierville.

Page 468

To be drawn principal on interest and she may need to same.

I will and bequeath unto the two living daughters of my deceased brother, James P. Catlett, towit Clara and Anna Catlett the sum of $2000 in each and also the son of $1000 and interest according to the terms and with conditions of a certain contract made with her mother as guardian.

I Will and devise and to James M. Catlett son of my said deceased brother now one-half of the land purchased at Chancery sale and sold as lands of my said brother, lying on the French broad river adjoining W. R. Catlett, McCroskey lands and others, it is my will that my half of the same be paid out of my estate, and it is my will that he take and hold the same for the use and support and benefit of himself and family.  After his decease it is my Will and that his present wife shall have her support out of the same, while she lives and at her death or at the death of the survivor the same shall go and be divided among their children or the representatives of the same, as they may then survive, I limit the rights of the said James M. and wife in the lands to their support and maintenance, this device shall be a satisfactory of the obligation

Page 469

I entered into with him to will him the sun of $1500 with interest.  In case of the raising of our bid on said land or case of failure to get the same in any way, is my will that sum of money so be laid out by many be laid down by my executor and other lands for his use and that of his family, the title to be taken on the term conditions and limitations herein above set out. He and my co-purchasers may divide the lands and if necessary they may select in writing each a man who is highly unconnected and disinterested and these two may choose a third such man to make a division for them.  I will and devise unto W. R Catlett son of my said deceased brother, the sum of $2000.

I will and bequeath into the children of Mrs. Addie Henderson, my niece the sum of $2000 to be divided equally among them.

I will and bequeath unto the children now living of my deceased brother Henry S. Catlett

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The sum of $2000 each.

I Will and devise unto Nan Reneau, wife of Robt. Reneau for life with reminder to her children for the benefit of the family.  The part of my home farm where they now live lying between the river and the creek and the land the Sam W. McMahan.

I also will and devise to the said Addie Beal and children, and the said Nan Reneau and children (to be held respectively on the terms of the other divisors hereto for made to them) that part of my home farm, lying beyond the river, adjoining the river, the lands of Chandler and Walker, A.P. Rawlings and perhaps others to be divided between them about a line to be run from the river bank, and the said Reneau have the lower end.  If they (Mrs. Beal and Mrs. Reneau) cannot agree on a line they shall select each a disinterested and unconnected man and these two shall select a third man of like character who shall make the division for them in writing and the same shall be binding.

Page 471

I will and bequeath unto the children of John Sharp and his deceased wife Mary Sharp the lands I own on Flat Creek, known as the Toomey hill and Parrott lands, adjoining the lands of Hill and others and being the lands where Geo Parrott recently lived, for their used during live with reminder to their children respectively.

I will and devise unto John Fleming the sum of $1000 to be expanded in land the title to be taken so as to limit it to the use of himself and family for life and remainder to of his children and their representatives, if any and if not to his rightfully heirs.

I also will and devise unto the children of Lula Johnson, daughter of H.S. Catlett, the sum of $500, to be laid out in real estate for his use and benefit.

It is my will and direction that my executor herein after named sell all on reasonable terms as to limit all my real estate not herein devised otherwise and converted it into personality.

Page 472

I leave the manner of the sale to his discretion and I want it divided as herein directed.

It is my will further that my executor divide the rent and the residue of my estate, if any, among my relatives according to the statue now in force.

I hereby nominate constitute and appoint the M. B. McMahan of Sevierville Tennessee my executor.

W.  Catlett

Feb. 22^nd 1895

Signed by us as witnesses each in the presents of the tester and we have witnessed he M. signed the signing and are presents been together and we sign in the presents of each other.

PE. Walker

J. R. Houk

Admitted to probate March 18^th 1895

Page 473

Will of Joab Rolen

State of Tennessee Sevier County,

I Joab Rolen do hereby make my last will and bequeath and all will heretofore made by me is null and void and until this my last is to show what each one of my lawful heirs is to have after my death and the death of my wife Annie Rolen and after all my debts are paid out of my monies and personal property and our burial expenses are paid and satisfied. I hereby Will and bequeath to each one of my lawful heirs as follows, beginning with my oldest child first, Jennie Rolen now Lange, I will and bequeath her in money as part of my estate $300.

2^nd Queenie Aggie Rolen now Williams I will and bequeath to her in money as her part of my estate $300.

Third Elizabeth Rolen now Proffitt or her heirs, $300 as her part of my estate.  I hereby will and bequeath to my sons my real estate and have deeded to them my lands as shown in certain deeds beginning with my oldest son

Page 474

First, Archibald Rolen deed to show his boundary, date June 20^th 1894 and signed by me and my wife Annie Rolen, valuation______ dollars.

Second, George Rolen, I have deeded to him, deed show boundary, dated June the 18^th 1894, valuation____dollars.

Third, Wilson Rolen, I had deeded to him a certain boundary, deed to show boundary, dated June the 5^th 1894, valuation_______dollars.

Forth, James Rolen or his heirs, I have deeded to him or his heirs, a parcel of land deeded showed boundaries, deed dated, June 30^th 1894, valuation_______dollars.

I hereby make and this my last Will and appoint my son, George Roland, my executor of my Will and to wind up the businesses of my last Will and wish him to take charge of the business at the death of myself and Annie Rolen.  And after the above Will of mine is completed and satisfied and the expenses paid of the same and if anything, money or personal property or notes left, the same is to be divided equal with my heirs all and the each of then to be made equal in the remainder if any.  For which I now set my hand to my last Will and wish this June 19,1894.

Joab Rolen

Attest

 J. K.  Hartsell.

B. A.  Rolen

Admitted to probate, June 3^rd 1895

Page 475

Will of Jean Boling

State of Tennessee County of Sevier,

I Jean Boling of the state and County aforesaid do hereby Will and bequeath my estate consisting of property both personal and real as follows:

It is my desire that after I am laid to rest my daughter Rachel magnes for the care that she has hand and may have of me shall have all the lands that I now of possess and in consideration of the same she is to see that I am well cared for the remainder of my live and well nursed through all my sickness and afflictions and that she shall also after my debts paid off all my doctor bills that have accumulated or may accumulate through my sickness and afflictions.  I further direct that all my household and kitchen furniture together with bedding and all other property about the house shall be equally divided between my two daughters Rachel Magnes

Page 476

And Mary Delozier.

Also direct that what money that I have on hand or may have on hand at my death shall be used to defray my funeral expenses.  I do hereby covenant and agree and then now certify before these witnesses that the above is my Will and wish concerning my property the same to be named out after my death. but retain the right to hold and control the same as long as I live.  Further I certify that I am now in my right mind and perfectly competent to transact any manners of business importance.

This may Sixth 1895

Jean Boling

Attest

J.W. Boling

T. L. Boling

Admitted to probate July 3^rd 1895.  See record number eight Page 535 for order probate

John Chandler

Page 477

Will of A. M. Thomas

I A. M. Thomas do make and publish this is my last will and testament hereby revoking and making void all other by me made heretofore.

First I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any money I may die possessed of or any that may first come into the hands of my executor.

2^nd I give and bequeath to Theodora Ballard my jersey cow.  Joseph Thomas I give him I have jersey cow.  If Joseph sales the cow he is to sell her to someone of other children.  I want Joseph Thomas to have one of the mules.  I want him to have the one I called George and my saddle, bridle, and blanket and also one pair of the genes and are single plow and ofen ring and single tree and also one broad hoe, mattock, also I want Joseph to have my falling axe.

Page 478

I have hacked here it belongs to William householder or what of it that can be found.  I give big walnut chest to Joseph Thomas.  Also give Joseph Thomas my bedstead I now own and strawtick, one sheet, one quilt, two pillows, and two new coverlids.

I give my light wagon and lock chain to John Thomas.  I want my land divided between Joseph Thomas, John Thomas and Avery householder or and her heirs and Theodora Ballard and her heirs and they are to play my debts and funeral expenses each paying one forth of them.  I also want the following property divided equally between Avery householder, Sarah Cruse, Amanda Stevenson, Theodora Ballard.  One chest of bed clothing, one bureau, one center table, one wash stand, one bedstead and spring and a lot of greenware.  I Will deed of Wilson Thomas my clock.  I will give Joseph Thomas my present coop now on hand and he is to have it all for working it and

Page 479

Taking care of yet but if I should live Joseph is to pay me one-half of it all.  I Willing give to Marguerite Thomas and James Thomas one dollar each to be paid out of my state when sold and collected.  The remainder of my state all walls sold and the money divided equally between Joseph Thomas John Thomas Avery householder Sarah Cruze Amanda Stevenson and Theodora Ballard.  I have the following debts due me one debt all and Andrew J. Acton for 25 with a credit of three dollars and 75 stands and one on James Templeton $40.  Also wanted divided between Joseph Thomas and John Thomas Avery house over, Sarah Cruse, Amanda Stevenson a and Theodocia Ballard.

Lastly

I do nominate and appoint Lowell Bogart or  A. J. Bird my executor when and to set my hand May 1^st 1895. 

AM. Thomas

Attest

C. J. Walker

H C. Bogart

Admitted to probate August 6^th 1895

Page 480

We’ll of William Clinton

February 10^th 1892

State of Tennessee

Severe County

I W. M. Clinton this day do willing Will all the following named property of land to his.

Page 481

Will of W. M. Clinton

Feb. 101892

State of Tennessee Sevier County

I William M. Clinton this day do willing will all the following named property and land to his heirs and their children.  One track of land lying in the 16^th district of Sevier County adjoining East James Blake, North Calvin Clinton, West M. N.  Crumbly and J. A. Shuler, South Glaspa and all of my property and house hold divided equal between the heirs and their children is to keep me up the remainder of my lot of

Calvin Clinton

T. A. Clinton

M. H. Clinton

S. H. Clinton

Signed

William Clinton

Witnesses

Jesse Atchley

J. H. L. Helton

Admitted to probate September 24^th 1895

John Chandler clerk

Page 482

Will of W. P. Brabson

State of Tennessee, Sevier County

I W. P. Brabson do make and publish this is my last will and testament hereby revoking all Wills heretofore made by me.

First I direct that all my debts and funeral expenses be paid out of any monies I may have on hand or due me by note or otherwise.

Secondly I give to my wife Nancy Brabson my land and house on which we now live to have during her natural life and at her death to be equally divided between my heirs George Saffell and Adelia Bowman.  Further I direct that Mary Brabson collect all money due me and use the same for any purpose she may see necessary.  I further direct at any stock, horses cows or hog I may have on hand to be used and controlled by my wife Mary Brabson.

W. P. Brabson

Signed sealed and delivered in the presents of

S.G. Bowman

John H. Baker

L. N. Stafford

Admitted to probate October 7^th 1895

John Chandler clerk

Page 483

Will of William Snapp

I William Snapp of Sevier County Tennessee do make and publish this my last will and testament.  First it is my Will that my debts and my funeral expenses be paid out of any property I may die possessed of.

2^nd I give and bequeath to my wife Elizabeth Snapp if she outlives me all my real and personal property during her life.

Third I give to the heirs of my daughter Martha Jane Roberson $15 to my daughter Deborah Lawson $15 and to the heirs of my daughter Elizabeth Allen 15

4^th I give and bequeath to my son Robert O. Snapp and his heirs this residue of my real and personal property in consideration of his boarding and for taking care of me and my wife in our old age.

In witness hero I have hereunto set my hand this 2^nd day of April 1892

W. Snapp

Signed in our presents this 2^nd day of April 1892.

W. L. Duggan

A.J. Hicks

Admitted to probate December 2^nd 1895

John Chandler clerk

Page 484

Will of R. S. McMahan

I R. S. McMahan do hereby make and publish this my last Will hereby revoking and making the all other Wills by me at anytime made.

One in the event my beloved wife Nancy McMahan shall survive me it is my Will and desire that she shall have all provisions on hand and growing.  Also my household and kitchen furniture during her life, also that she shall have one cow of her selection, and the house garden and lot around the signing during her natural live together with the right to water, firewood in such timber as may be necessary to keep up her should she loses her cow my son hereinafter named shall furnish her another, she is also to have a good and comfortable support while she lives, with pasture and feed for her cow, this support to include such articles as may be raised on the farm, in money to buy her clothing, groceries and all other articles that she may have two by.  She is to have the right

Page 485

To keep one female help as a part of her support.

This support and provisions made in my wife’s favor hereby expressly to the charged all my lands herein after devised.

Second, subject to the other provisions herein contained and except the property otherwise specifically devised or bequeathed.  It is my Will that my son Redman McMahan shall have my lands lying in the first civil district of Sevier County adjoining the lands of Nancy Dennis, George nervous, James Wilson and BP Hopkins and the rest and residue of my property including the John Henry entry.

3^rd it is my Will that my granddaughter, Nancy A. Ogle shall have $200 to be paid her by my said son when she shall become 18 years of age which is also charged on said land not to be paid her or anyone else provided she should die unmarried or without issue in the meantime.  If she should live to be 18 is my Will that she shall have

Page 486

The interest on said sum of money and a part of the principal if needed until she came of age to be paid her by my son as he may think best taken receipts for payments from her what without guarding.  The same as to be paid at intervals which is to be paid the late after she is 18 years of age.

4^th, my said son will play my debts and the funeral expenses and necessary doctor bills of myself and wife out of the property devise to the home.

5^th, I hereby nominate and appoint my said son my executor and hereby expressively release him of the obligation of giving bond.  This November 2^nd 1891

R. S. McMahan

The undersigned signed is instrument in the presence of tester and of each other as subscribing witnesses.

W. Catlett

T.D. Wynn

W. B. McMahan

Page 487

I attest this instrument at the request of the tester and his presence and also in the presents of witnesses.

M. B. McMahan

May 16,1895

Y. J. McMahan

Admitted to probate January 10^th 1896

John Chandler, County court clerk.

Page 488

The Will of S. O. Dickey

I S.O. Dickey Sr. of the county of Sevier do hereby make and publish this my last will and testament hereby revoking and annulling all others at anytime made.

Item First, I will and devised to my wife, Mary A. Dickey for and during her natural life that part of my lands in the fourth civil district of Sevier County Tennessee.  Of which I now reside be in what is known as the Marik farm line above a straight line recurring through my farm from the river with the ends at the lower end of the meadow and bounded by said straight line the lands of J. R. Yett and the river.  It is my Will further that she had such articles of personal property as I may leave on hand which go to widow’s by virtue of the provisions of the exemption laws.

Idem No. 2, in the division and settlement of my estate among my children I will that the following named children be charged

Page 490

With certain advancements followed to wit:

First, my son S. O. Dickey Jr. as follows:

Note dated July 8^th 1888 bringing the amount due on settlement then to me $895.89

Note in the bank of Sevierville $92.75

One note in the bank of Sevierville $75

One note in the bank of Sevierville $30

Money advanced on bill of sale of home $110

Money advanced on bill of sale of home $65

Making in all the sum of $1168.64

2^nd, my son A. D. Dickey as follows,

one note given to me day of February 1890 $29.53

one note April 8^th 1876 $114.79

On which the sum of $42

Has been paid leaving $72.79

One note in the bike of Sevierville $106.39

Making and all the sum of $208.71

Third, my daughter E. O. Murphy as follows, I have supported her and her family for many years in part and have charged various article she wanted get in my books of accounts the same amounting to the sum of$685.22 with which I charge her.

It is my Will and desire in settlement of my state among my children, there heirs or representatives that the three children above named shall be charged with the amount herein above advanced them before sharing in my estate

Page 491

The same to be charged as advancements without interest.

It is my will further that none of the other children be charged with any advancements in as much as I have already equalize all my children except items and amounts above specified.  The three children named have been equalized with the others outside of the above the advancements charge to them.

In all other respects I leave the dispasetion of my estate open to future actions all my part or in case I fail to make further provisions to adjustments and the disposition secondary to the provisions of the will.

This November the third 1893

S. O. Dickey

Signed by the tester in our presence and we have signed as witnesses and the presence of each other being called to the testis we’ll by the tester.

This November 13^th 1893

M. B. McMahan

Alice McSpadden

Admitted to probate March 25^th 1896

John Chandler County Clerk

Page 492

The Will of W. P. Atchley

State of Tennessee, Sevier County

I W. P. Atchley of McMillan Sevier County and state aforesaid being of sound mind and realizing in the uncertainty of life and the certainty of death do make and establish this is my last will and Testament revoking all other Wills and Testament.  First it is my will and desire that all my just and honest debts be paid.

Second, it is my Will that all my real estate be in the farm where I now live remain in the possession of my four children Penelope, J. E. A.B. and S. C. until the youngest S. C. shall have arrived at the ages 21 years.  They are to keep said lands and cultivate and money source for their benefit and especially for the benefit of the two youngest, AB the late and CS that at the time a maturity of the youngest S. C. it is my will that all these lands be sold in public sale and on the provisions to the highest and best be bidder on the following conditions ten percent paid down the balance in the three installments one third in six months from the date of sale one third twelve months from the date of sale and

Page 493

The last 18 months from the date of sale a lien be in retained all the time and to all are fully paid and when the proceeds of sale of land our hand then my Will is that the source be divided equally between all my children.  It is also my widow that all the household and kitchen furniture be the property of Penelope J., a be and S. C. also they are to have all the stock in the farming utensils such as in necessary for the cultivation and running of the farm same to be there is at the maturity of S. C.  Third is my Will that at the time of my death that my daughter Penelope and my son J. Mc. the executors of my state or Will and at that time they are as executors of my state to take charge of all my merchandise and all other matters and that as executors they have the right to invoice all my goods and accounts and turned same over themselves after having turned over to the clerk of the county court.  The invoice of the same and that they Penelope and J. MC. be allowed to keep all of the

Page 494

Said goods and accounts after paying all just debts and paying Hamen 1/6 of the signing and W. P. 1/6 all the same being halfable for such accounts as they are able to collect and not being held liable for insolvent accounts. That my Will is that my two youngest children shall also have 1/6 each of the proceeds of said goods and account saved to be used by guardian of said minors heirs for the purpose of education said Addie be and S. C. and of paying doctor bills and others and it is my Will that Penelope and J. Mc. Shall have two full years to pay Hawer? And W. P. their share of said store and accounts.  It is my Will that Penelope and J. M. C. be the guardians of my minor children, A.B. and S. C. and that they may not even be required to make bond as guardian of said heirs.  It is also my Will that any and all doctor bills been now due or to be come due on account of my daughter Penelope or son J. M. C. before my demise shall be paid out of my personal property before any divisions is made.  It is also my Will that all the corn meat and other provisions on hand at my debts shall be the property

Page 495

Of Penelope and J. M. C. to be used for the benefit of my two minor children A. B. and S. C.  But this is only to include such provisions as is actually on hand. my will is that in case of sickness by either or both of my younger children debt $50 be set aside over and above their respectable part for such a purpose save to be kept as they perpetual fund out of my personal property for their benefit as herein stipulated never to be used for any other purpose until they shall have arrived at maturity and as such time if said sum has not been all used up said balance is to be then divided between all my heirs.

My will is that $25 out of my personal property be set aside for the purpose of buying a colt for A.B. when he shall arrive at the ages 21 same to become out of my personal property before divisions and save to be used for purpose herein named or if preferable to him to have that amount to money to be used as he may see fit the same not to be used until

Page 496

His maturity signed on the estate 27^th day of April 1896.

W. P. Atchley

Witness

James Young

William Jones

Admitted to probate June 27^th 1896

John Chandler clerk

Page 497

We all a Perry Cate

In the name of God Amen I Perry Cate of the county of Sevier and state of Tennessee on the 5^th day of August 1895 being of sound mind and memory and in view of this trautory life, I do make this my last will and testament hereby revoking all other former Wills by me made, my Will is that all my just debts be paid and also my funeral expenses out of the first money that comes into the hands of my executor.

2^nd, my Will is that my beloved wife Mary Cate to have my mare and buggy and one milk cow and $12 per month during her lifetime and more if necessary for her comfort and support.

Third, I Will and bequeath to my son Isaac M. Cate the farm, I bought of J. G. Bryan and W. J. nail and also and also the farm that I bought of W. H. Semirrer provided the said Farmer does not by said track back at the price that we have agreed upon to we it $14.50 J. M. Cate is to have the proceeds.

I will and bequeath to my daughter, Sarah C. Moore and J. R. Moore

Balance on page 499

Page 499

The following farms to wit, one farm in said County known as the Sam Henry farm and also a small farm bought of S. J. Cate adjoining it on the west and also a farm lying in Jefferson County known as Oliver Henry land and 47 acres bought of Lyles boys adjoining it and also 18 three forth bought of Mary Cate all adjoining this I Will to Sarah C. Moore and J. R.  Moore.

it is my will further that all other properties of all kinds be equally divided between my two children Isaac M. Cate and Sarah C. Moore by my executors and I appoint my son J. M. Cate end J. E. Moore my executors and that they be allowed to execute this Will without giving bond this August 8, 1895,

Perry Cate

Signed in the presents of us and at the request of the tester. 

Perry Cate

W. H. Drimmer

J. L. Cate

R.M.  Mcbee

Admitted to probate This June 27^th 1896

John Chandler clerk

Page 500

Will of Curtis Mills

State of Tennessee, Sevier County

I Curtis Mills do make and publish this is my last will and testament hereby revoking and making void all others by me at anytime made.  And

First I direct that all my funeral expenses and all my debts be paid out of what money I die possessed of or what may first come into the hands of my executors.

2^nd I give and devise to my daughter Harriet W. Blair two lots or parcels of land No. 2 and No. 3 as laid off and numbered by the commissioners appointed to partition the estate of Robert Shields deceased, the title to which I now hold from one John Shields made of March 10, 1838 lying on the north side of pigeon River and bounded on the north side by lot one which is now owned by Robert H. Blair and on which he now lives, and on the south side by Lot No. 4 beginning at the river and running just above the cross the ends that now stand southeast of my old ? The ends with a line running a little north of the same direction to a stake on my back line near the big black

Page 501

Oak, to have and hold during her natural life and at her death to be held in fee by her children.

Third, I give and devise to my daughter Martha J. M. Wright two lots or parcels of land No. 4 and No. 5 as laid often numbered by the said Commissioner appointed to partition the estate of Robert Shields deceased, adjoining Lot No. 3 and including all the upper end of my estate line above Lot No. 3 and north of the river No. 4 being a lot drawn by my wife, Polly Mills and No. 5 being drawn by Medy W. Shields who conveyed to me by deed March 10, 1838 to have and hold during her natural life and at her death to be held in fee by my grandchildren.

Forth, I now own a tract of land lying south of the river containing 80 acres more or less.  I direct that if said tract of land remains undisposed of at my death he shall go to Robert H. Blair, Harriet W. Blair and Martha J. Emerts each taking one-third interest therein and to be held by them jointly.  Upon the death of the anyone of them it shall be of held

Page 502

Jointly by the remaining 2 and if 2 should die the remaining shall hold said estate on track of land during his or her natural life and upon his or her death my grandchildren then living shall hold it in fee.

Dept, I give and bequeath my personal property to my two daughters and on direct that my executors divided between them satisfactory to both.

Sixth, I do hereby nominate and appoint Robert H. Blair and R. Frank Blair my executors.  In witness thereof I do to this my Will set my hand this 23^rd day of February AD 1891.

Curtis Mills

Signed and published in our presents and we have subscribed our names hereto and the presence of the tester.

T. D. Wynn

D. S. Davis

Admitted to probate July 6 1896,

John Chandler clerk

Page 503

Will of Aaron Roberts

I Aaron Roberts in Sevier County in the state of Tennessee being of sound mind and memory do make and publish and declared this to be my last will and testament hereby revoking all other Will by me at anytime heretofore made into all of my land of which I shall die seized and delayed possessed of I devise and bequeath and dispose thereof in the manner following to wit.

My widow it is at the death of my wife, Mary J. Roberts, I give devise and bequeath to my daughter Anna Malinda Roberts all of my land situated in the third civil district of Sevier County Tennessee on the waters of the flat Creek. in witness thereof I Aaron Roberts have to this my last Will and testament affixed my hand and seal this February 7^th 1896.

Aaron Roberts

Witness W. S. Fox

Signed sealed and published and declared by said Aaron Roberts as an for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereunto.

E. W. Fox

R.D. Watts

Admitted to probate this August 1^st 1896.

John Chandler, clerk

Page 504

Will of Levi C. Roberts

I Levi C. Roberts of Millican, County of Sevier and state of Tennessee.

Being of sound mind and considering the uncertainty of life do theretofor make and declare this to the my last will and testament.

First, our order and direct that my executor hereunto after named pay all my just debts and funeral expanses as soon after my decease as conveniently may be.

Second, that my executor sell a partial of land known as to John Knight place containing 18 acres more or less also a partial or lot of land, Beginning at the stake near Albert Roberts then running up the main hollow to a big white oak tree a sideline between the Trotter and myself this boundary lays North east of the main hollow number of acres not estimated and in the event that the aforesaid lands does not pay all my just debts I authorize my executor to sale one partial or lot of land lying on the northeast of my home farm Beginning on a white oak corner of a lot of land of my wife Harriet and running with the top of the ridge North west to a post oak corner of my own and Mc.Trotter and if this lot should

Page 505

Bring more money then it takes to pay my just debts I want the remainder equally divided between my 5 youngest children.  And reminder of any land be equally divided between my 5 youngest children to wit: Mary A. and Gracie E. and Joseph H. and Laura b and that Nancy A. and Isaac N. and have the old residence and there being no deduction of their part of land for said residents and that I give to Joseph H. 1 bay mule and I give to Isaac E. one mouse colored mule and I give and bequeath to Nancy A. one milk cow and one heifer cow and two sheep and one brood sow the oldest one on the farm and that Isaac n. and have one younger brood sow and that I give and bequeath to Nancy A. five head of stock hogs to fatten for the meat of my family that I leave at home and that I bequeath to Nancy A. what corn is in my crib of for the use of the family at home and also what Wheat and oats I have and presents.  And I bequeath to Isaac E. and one wagon and all the farming tools I have and that my land that I have bequeath to my children above named to be divided with the them when the youngest becomes

Page 506

21 years of age.  And that my executor sell annually the rents of the aforesaid farms and till he can be divided and that the proceeds be equally divided between my five youngest children.  And that my executor sell the reminder of any stock hogs in number and two younger steers and pay the same to my creditors.  And if there should be in the legacy coming to me from any source I wanted divided equally between all my heirs in case it is not necessary to pay it I out all my debts.  I appoint Eli H. Roberts to be my executor of this my last will and testament hereby revoking all former Wills by me made.  In witness whereof I have hereunto subscribed my name and affixed my seal this eleventh day of September 1896.

 L. C. Roberts

This instrument was on the day of the date thereof signed and declared by said tester Levi C. Robert to be his last will and testament in the presents of us and at his request have subscribed our 9^th hereto as witnesses in his presence and in the presence of each other.

Joshua Atchley

Noah haggard

Submitted to probate September 19^th 1896

W. C. large deputy clerk

Page 507

Will of Cynus L. Harold

I Cynus L. Harold do hereby make and publish and declared this my last will and testament hereby revoking and making all Wills by me that hereto for made. 

First I direct my executors to hereunto after named to pay my funeral expenses and out my just debts and liabilities as soon as convenient be done after my decease out of any property I have at mine decease.

2^nd I give and bequeath to my beloved wife Catherine A. Harold all of my property both real and personal for her own benefit and use so long as she may live remain my widow.

Third I direct that after the death of my wife or marriage that all my property to my wife Catherine L. Harold go into the possession of her daughter Martha E. Yawberry a to be hers in fee simple and in right for her and her body heirs against all claims except funeral expenses of my wife.  And my Will and direct that all of her funeral expenses be paid there the remainder if any to go into the hands of Martha E Yawberry to use for her own benefit and her body heirs and for their own use and benefit.

4^th I hereby nominate constitute an appoint

Page 508

My said wife Catherine L. Harold as my executor of this my last will and testament.

5^th, I direct that my executor carryout all this my last will and testament without having to give bond and security from the fact that I have the utmost confidence in her in every respect.

In witness whereof I have and to subscribe my mind the 11^th day of July 1896.

Cynus L. Herald

Signed sealed and declared by said tester in the presents of us who at his request and his presence and in the presents of each other hereunto subscribed our names as witnesses on the 11^th day of July 1896.

G b. Huffaker

G S. Sirius

Admitted to probate October 5^th 1896.

See record number nine page 239.

W. C. large, deputy clerk

Page 509

Will of David R. Sasseen

in the name of our Lord Amen I David R. Sasseen being of sound mind and memory do hereby make and published in declared this to be my last will and testament hereby revoking and making void all former Wills by me at anytime heretofore made.

First, all order and to read my executor as soon after mine decease as practicable to pay off and discharge all the debts due and liabilities that may exist against me at the time my decease.

2^nd I give and bequeath unto my wife Mary Ann Sasseen all the reminder about property both personal and of real estate.  I hereby nominate and appoint as executor of my Will.

In witness I have a hereunto Subscribed my name this 30^th day of November 1888.

David R. Sasseen

The above and foregoing instrument was at the date thereof signed and sealed published and declared by the said David R. Sasseen as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have him

Page 510

Subscribed our names as witnesses.

Name  M. W. McSpadden   residence Jefferson County

Name  J. W. Lyle  residence  Jefferson County

Admitted to probate November 26^th 1896.

See record No. 9 Page 243.

W. C.  Large, deputy, county clerk

Page 511

Transcription judgment of the court in the S. O. Dickey Will case

State of Tennessee

Be it remembered that a special term of the Circuit Court began and held for the county of Sevier at the courthouse in the town of Sevierville on the second Tuesday in November 1896.  It being the test day of said tonight in the year of our Lord 1896.  Present and presiding the Hon. W. R.  Hicks Judge and one other judges of the circuit court of said state and bylaws assigned hold the court of the second judicial circuit of the state of Tennessee.  This entry is based upon the following entry which was made and entered of record at the last regular term of this court, found on page 266 to wit: it is ordered by the court with the consent of bar the same being rendered necessary by the fact that know-how suitable for the transaction of business at the present term has been procured, that all cases on the civil docket be and assigned are hereby continued until special term of this court which is hereby appointed to be held on Tuesday and succeeding days before the next regular term of the court to wit:

Page 512

Third Monday of November next and the said special term is hereby appointed for the dispatch of all business that is now and will be on the civil docket we and where the following proceedings were had any Entered of record to wit:

Elizabeth O. Murphy et al

Vs

I.O. McMahan et al

Action to contest the will of S. O. Dickey deceased

came the parties by their attorneys and then upon came on the case for a trial before jury of good and lawful men citizens of Sevier County selected and qualified as law directs to wit:

D.R. Pitner, J. A. Tarwater, P.P. Seaton, L. A. Reagan, James H. Baker, P. L. Duggan, Joe Wardell, A. J. Hickman, S. W. Pickens, C. J. Walker, John stinnett and J. E. Henry to having been well and truly elected in empanelled and sworn well and truly to try the issues joined between the parties and the true verdict rendered accordingly to the law and the evidence upon their oaths do say that they find the issues in favor of the defendants the proponents of the Will and that the papers writing which was Admitted to probate in the county court as the last will and testament of the S. O. Dickey deceased, in common form and the original of which was properly sent and certified to this court for probate herein solemn form

Page 513

Upon the issues above made up was and the last will and testament of said S. O. Dickey and is valid as such Will.  It is further considered by the court that in according to with the verdict of the jury that the validity of said paper writing as the last will and testament of said S. O. Dickey be and assigned is hereby established in the said original Will together with the proceedings