141

I, George W. Norton, of Sevier County Tenn., being of sound mind and disposing memory hereby make and publish this my last will and testament hereby revoking and making void all wills and testamentary dispositions heretofore made by me at any time.

First.  I will that all my just debts be paid by my Executor as soon after my death as convenient.

Second.  If my wife Francis Norton should survive me, I will all my property real and personal to her during her natural life for her support and maintanance with the request however, that she allow and give preference to my sons Nicholas and John to cultivate and manage said real estate for her.  The farm to be run just as it is now is as near as they can.

Third.  It is my will that my two sons, Nicholas and John Norton, shall have all my real estate as herein after directed and specified.  Each one of them shall take one fifth to start with, then they shall take equally one fifth more representing my son W.M. Norton's interest and pay him ($400) four Hundred Dollars in Cash which amount shall be made a charge and lien on said land till it is paid in full.

142

Said ($400) to be paid half and half by said Nicholas and John and it shall be paid One hundred dollars each year immediately succeeding my death or that of my wife if she survives me, without interest, till the maturity of each installment.

            My son John shall take his interest on that part of the farm where he now lives including his improvements he has put there on which improvements he is not to be charged with in any division that may be made and my son Nicholas is to have his

WILL OF GEO. W. NORTON, CONTINUED.

interest in the farm where I now live and include the old residence and other buildings and improvements there.

Fourth.  Should my daughter Margaret choose to remain single and unmarried and make her home with my son Nicholas then it is my will that she do so and that said Nicholas shall furnish her a comfortable home and support as long as she lives and for this said Nicholas is to have her one fifth interest in said lands to be laid off with his other interest.

            But should said Margaret choose to marry and does marry, then it is my will that said Nicholas and John shall pay her ($500) Five hundred dollars to be paid in four years in equal annual installments to bear interest after due but not till then and this shall be in full satisfaction of her interest in said real estate, and said John and Nicholas in this event shall take her One fifth interest in said lands equally.

143

Fifth.  It is my will that my daughter Nancy Evaline a single daughter shall have a home at the old Homestead with my son Nicholas and such others as may remain with him as long as she lives and that she be well cared for by said Nicholas and for her life support said Nicholas shall have her one fifth interest in said lands, which support shall be and remain a lieu and charge on said lands.  I want her well and comfortably taken care of as long as she lives.

Sixth.  It is my wish and will that my daughter Margaret should she marry have her own household goods such as she claims but if she should not marry and remain at the old Homestead then she and Nicholas and Nancy are to have all the personal estate left - John and Wm. having already received their part in full.

WILL OF GEO. W. NORTON, CONTINUED.

Seventh.  I hereby appoint my son John Norton as my Executor to carry out this my last will and testament.

Given under my hand on this 6" day of June 1898.

                                                                                                his

                                                                                    George W. X Norton

                                                                                                mark

We the undersigned witnesses were specially called by Geo. W. Norton whose name is subscribed to the foregoing instrument to witness the same as his last will and testament and we signed same in his presence and in the presence of each other and said testator signed said instrument in our presence on day it bears date.

                                                                                    J. R. Penland

                                                                                    A. T. Marshall

Admitted to probate Saturday March 10, 1906.

                                                                                    John Chandler, Clerk


WILL OF HUMPHREY HICKMAN

144

I, Humphrey Hickman, of Sevier County Tennessee, being advanced in years but of sound mind and disposing memory do hereby make and publish this my last will and testament hereby revoking and making void all wills heretofore made by me.

First:  It is my will that all my just debts including my funeral expenses shall be paid out of any money or property I may have at my death.

Second:  I have heretofore given my beloved wife Matilda Hickman Seven Hundred Dollars ($700) in money to use and dispose of as her own and as she sees proper.  And this it is my will she shall have as her own property not to be interfered with by any one should she survive me.

It is also my will that my said wife shall have all of the Household and kitchen furniture and property to use as her own absolutely, she having worked and chiefly made the same with her own Hands.

Third:  I have heretofore made certain deeds to certain my children for tracts or parcels of land which I want to stand first as made each one as shown in the deed to own and controll the same as herein specified and reference is here made to the deeds for particulars.

145

Fourth:  I have been married twice and have to sets of children.  By my first wife I had Three children towit:  Thomas Hickman, Sarah A. who married Allen Smith and Mary E. who married Alexander Houser, both of my said daughters first named being now dead.

I gave to said three first children about all the property that I had at their mother's death and since that time have helped and given them from time to time.  I have given my son Thomas all that it is my will that he should have, having taken a Final receipt from Him

WILL OF HUMPHREY HICKMAN, CONTINUED.

when I paid him the last Two Hundred Dollars which is among my private papers.  And to be on as a full payment of his full interest in my estate including what I had previously on  divers occasions paid him.

146

Fifth:  My daughter Mary E. Houser, being dead and leaving only one child living towit: Sarah Cagle.  I will and bequeath to her, should she survive me one Hundred Dollars, which shall be in full of her share and interest in my estate.  But should she, said Sarah Cagle, die before me and without issue and before the same is paid to her by my Executor or Administrator then it is my will that the same shall be part to and divided equally among the seven children of my present wife Matilda.  And should I in my life time pay said One Hundred Dollars to said Sarah Cagle, then that shall be a full satisfaction of this provision of my will and the said amount shall not be paid to her by my said Executor or Administrator.  And should the said Sarah Cagle die leaving an heir or heirs of her body then the same shall take the provision made herein for their said mother, the said Sarah Cagle.

Sixth:  I will and bequeath the sum of One Hundred Dollars to my grand children the children of my deceased daughter Sarah Smith which shall be paid to them equally and be in full satisfaction of their interest in my estate, I having heretofore in the lifetime of my said daughter paid and advanced to her certain amounts.  If any of said Smith children should die leaving issue, the latter shall take the share the parent would have taken if alive.  But should I pay said Hundred Dollars in my life time to said Smith children as provided in this clause, then the same shall be a full and final satisfaction of the same and it will not be paid by my Executors or Administrators to them.

WILL OF HUMPHREY HICKMAN, CONTINUED.

147

Seventh.  I have given to my two youngest sons, Jacob and Humphrey Hickman Jr., the sum of Eight Hundred Dollars.  Four Hundred Dollars each, for the purpose of taking care of and waiting on me and their mother during the remainder of our lives such as cutting and hauling wood, making fires, doing milking and such other care and attention of like kind as either of us may need or require.  Said Eight Hundred Dollars is evidenced by Two $400.00 notes executed by D.A. Furguson to Matilda Hickman on the 20" day of Sept. 1899, and second by Trust Deed of same date said notes are transferred by said Matilda to said Jacob and Humphrey Hickman by an agreement between me and my said wife and are to be theirs on condition they carry out their contract made with us in writing to the purpose herein stated.  I have also given said Jacob and Humphrey Hickman Jr. all my Farming tools, implements and machinery now on the farm and one of them Jacob, three mules and Humphrey two mules which property is given them on same condition and on same terms as the two Four hundred Dollar notes above named that is for taking care of me and their mother in our declining years.  This property is to be theirs and not go into the hands of my Executor or Administrator provided they carry out their agreement with me and their mother.

Eighth.  All the rest of my Property such as I may own at my death not herein before disposed of I direct my Executor or Administrator to sell and divide equally among my seven children by my last wife towit:  James W., John H., Eliza Drinnen, Nancy Moore, Mary Carmichael, Jacob & Humphrey Hickman - my first wife's children or their heirs or representatives are not to take under this clause of my will, they having been provided for

WILL OF HUMPHREY HICKMAN, CONTINUED.

as I desire.  The children of any of my said seven above named children in this clause shall take their parents part in case of death of latter.

148

Ninth.  In case I should die leaving real estate to be disposed of under this will by my Executor or Administrator, I authorize said property to be sold at public or private sale as he may think best by my Executor or Administrator and I give him full power and authority to make deeds and conveyances thereof with out the aid of a court.

Tenth.  The Seven Hundred Dollars given to my said wife Matilda Hickman as stated in Second Clause of this will is evidenced by notes and Trust Deeds for that amount or about that amount due from David Smith and Lowery Hickman, and these are to be hers and not go into the hands of my Executor or Administrator.  This and all other property given and willed to my said wife to be hers absolutely and in fee.

            In witness hereof I have heretofore set my hand on this the 28" day of Dec. 1900 in the presence of the following persons called as witnesses.

                                                                                                his

                                                                                    Humphrey X Hickman

                                                                                                mark

We the undersigned witnesses being specially called by the above named Humphrey Hickman to witness the foregoing instrument as his last will saw said testator sign the same by mark and in his presence and in the presence of each other we sign and witnessed the same on the date above written.

                                                                                    J. R. Penland

                                                                                    Jesse Campbell

Admitted to probate May 14, 1906.                             John Chandler, Clerk

150

WILL OF JAMES WILLIAMS

State of Tenn.               )                       I, James Williams, hereby publish this my last

Sevier County               )                       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 payed as soon as possible after my death out of any moneys that I may die possessed of or may come into the hands of my Executor.

Second.  I will that my wife have full control of the lands and property that is left at my death and to so control the same till her death and at her death I direct that her funeral expenses and debts be payed out of any property left to her and after said debts be paid, I will that all my property be sold at public sale and divided as follows:  one sixth to be payed to Mary Williams, One sixth to be payed to W. W. Williams, one Sixth to Wilson Williams heirs divided equal with them, one sixth to C. L. Williams heirs Equally divided, one Sixth to Harrison Williams, One Sixth to Robert Williams heirs divided Equal Except one dollar to be payed to Wilson Williams, one Dollar to be payed to C.L. and Robert Williams out of the money going to their heirs.

151

And I further will that my lands be divided Equally in Six tracts and that W. W. Williams get one tract, Mary Williams one tract, Harrison Williams one tract and the bodyly heirs of Wilson Williams one tract and one tract to the bodily heirs of C. L. Williams, one tract to the bodly heirs of Robert Williams.  I also request that William Thomas draws a ticket for Robert Williams heirs part of land and that Ausbon Ball draws a ticket for C. L. Williams heirs part of land and G.A. Allen draws a ticket for Wilson Williams heirs tract of land and in case they refuse to draw, said tickets may be drawn by the Surveyor.

WILL OF JAMES WILLIAMS, CONTINUED.

I do hereby nominate and appoint Harrison Williams my Executor in witness whereof I do to this my will set my hand this the 17" day of Feby. nineteen Hundred.

                                                                                                            his

                                                                                                James  X  Williams

                                                                                                            mark

Signed and published in our presence and we have subscribed our names hereto in the presence of the testator.  This the 17" day of Feby. Nineteen Hundred.

Witness

            M. Ball)

            A. Ball)

152

WILL OF A. P. DICKEY

I, A.P. Dickey, of Harrisburg in the County of Sevier and State of Tenn., being of sound mind and considering the uncertainty of life, do therefore make and declare this to be my last will and Testament.

First - I order and direct that my Executor hereinafter named sell the back part of the land to pay off mortgage standing against the whole farm.

Second:  After satisfying said mortgage, I give devise and bequeath to my wife T.V. Dickey the rest of my farm and all personal property: namely all growing crops and all other personal property on hand.

Lastly, I appoint my wife T.V. Dickey to be my Executor of this my last will and testament.

WILL OF A. P. DICKEY, CONTINUED.

            In witness whereof I have here unto subscribed my name and affixed my seal this 20" day of July 1906.

                                                                                                A.P. Dickey  (Seal)

This instrument was on the date thereof mentioned signed and declared by the said testator, A.P. Dickey, to be his last Will and Testament in the presence of us, who at his request have subscribed our names thereto as witnesses in his presence and in the presence of each other.

Witnesses                     (J. L. Layman, Sevierville, Tenn.

                                    (S. O. Dickey, Sevierville, Tenn.

154


WILL OF EMMA R. SNAPP

I, Emma R. Snapp, of Sevierville, Sevier County, Tenn., being in feeble health but of sound mind and disposing memory do make and publish this my last will and testament hereby revoking and making void all wills by me made at any time heretofore.

First - It is my will that all my just debts be paid as soon as practicable after my death out of any money or property that may come into the hands of my Executor or Administrator.

Secondly - I hereby will and devise and bequeath unto Laura Cowden, Mollie Sharp and Mollie Bible (nee) Mollie McMahan one hundred Dollars each out of any monies that may be on hand at my death and if no money on hand, my Husband P.T. Snapp shall pay the above sums to the above named, as devised out of my property personal or real (if no personal then out of my real estate) the above sum of one Hundred Dollars to each, Laura

WILL OF EMMA R. SNAPP, CONTINUED.

Cowden, Mollie Sharp and Mollie Bible (nee) Mollie McMahan, I will shall be paid by my husband, P.T. Snapp or by my Administrator or Executor as I intend for them to have that amount out of my Estate.

155

Third - I will, devise and bequeath to my husband P.T. Snapp, during his natural life should he survive me, my own individual interest in my mothers farm on Little Pigeon River one mile below Sevierville known as the Nancy Houk Farm.  After his death, it will go to my brothers and sisters or their legal representatives.  I also will and devise to my husband, P.T. Snapp, should he survive me, my one half undivided interest of the share of land that me and my husband, P.T. Snapp, purchased in the above named farm known as the Nancy Houk Farm.  The interest of my brother Robert Houk - This part of my real estate I devise and bequeath to my husband, P.T. Snapp, as his property to do and use as he desires at any time and all times, with all the stock and implements, Household and kitchen furniture on hand at my death.

Fourth - I do not appoint or nominate any executor to this my last will and testament but leave to my husband, P.T. Snapp, to select a good and competant man as Administrator to this my last will and testament, or any one he may choose.  Witness my hand and seal on this July 3" 1906.

                                                                                                            Emma R. Snapp

Signed in the presence of Testator each of us being called especially to witness said signing of said will by the testator Emma R. Snapp, we now in the presence of each other sign same as subscribing witnesses.

                                                                                                            E. T. Chandler

WILL OF EMMA R. SNAPP, CONTINUED.

                                                                                                            John Chandler

                                                                                                            W. A. Catlett

Admitted to probate August 24, 1906.

                                                                                                John Chandler, Clerk

156


WILL OF TRESSA CHANCE

State of Tennessee, Sevier County

            Know all men by these presents, that I Tressa Chance, being of sound mind and memory and being in my ninetieth year, do make this my last will and testament, revoking all former wills made by me.  I do will and bequeath unto Elizabeth Thomas, my Grand daughter the following described personal property, one bed stead and bedding belonging thereto and one sewing machine.  And I will and bequeath unto Tressa Rice, my Great Grand daughter, all the table ware or delph I purchased from New York and that so much of my personal property be sold to pay all of my indebtedness and burial expenses, and I do will and bequeath to my daughter, Neesy Thomas the following, all the remainder of my personal property and I also will and bequeath unto my daughter Neesy Thomas, three tracts of land lying and being in Civil District no. 7 of Sevier County, State of Tennessee, on the waters of French Broad River and bounded as follows:  East by Trotter, west by French Broad River, South by Trotter and north by Atchley and Tittsworth being two tracts of land willed to me by Sarah Atchley on the 11" day of Oct. 1872 and the third tract purchased by me from George Long on the 21st day

WILL OF TRESSA CHANCE, CONTINUED.

of Sept. 1878, during the natural life of my daughter Neesy Thomas, then at her death to her heirs "viz" Isaac Chance, Samuel Chance, Sarah Rice, Joseph Thomas, Elizabeth Thomas, and Minnie Thomas.

This my last will and testament shall take effect from and after my death.  Signed and subscribed to in our presence on this 12 day of Feb. 1902.

                                                                                                            her

                                                                                                Tressa  X  Chance

                                                                                                            mark

Attest

            J. W. Chambers

            John Letherwood

Probated Oct. 22, 1906.

                                                                                                A. T. Marshall, Clerk


WILL OF P. L. DUGGAN

157

I, P. L. Duggan, of Waldens Creek, Sevier County Tennessee, being of sound mind and disposing memory, but frail body hereby make and declare this my last will and testament, disposing of my real estate and personal property as hereinafter named.

1st.  I desire and direct that my funeral expenses and my just debts be paid, as soon as may be convenient, out of any money on hand at my death or that may first come into the hands of my Executor.

"2"  I give bequeath and devise my real estate and personal property as follows:  I give to my beloved wife, Matilda Duggan, all my real estate and personal property during her life and after her death to be divided among my children as herein after specified.

158

"3"  I give and devise to my son G.C. Duggan the following described tract of land to wit, what is known as the "Bottom and uplands" beginning on an ash in E A Fox's line at the lower end of the bottom, then up the creek to the mouth of a small branch near W S F Duggan's then cross the creek to the back side of my garden, then to the big road, then with the road to the store house then up the Valley road to the upper end of the barn lot to a maple inside of the fence, then to the foot of the hill, then up the hill to the top of the hill to a cluster of chestnuts, then back with a blazed line to a white oak near a branch then to a red elm in L. T. Shular's line then with the same to A E Fox's line, then with the same to the beginning.  I direct that said G.C. Duggan pay to my daughter Jane Shular and her heirs one hundred and fifty dollars: to my daughter Mollie Patty and her heirs one hundred and fifty dollars: to my daughter S. E. Baker and her heirs one hundred and fifty dollars: and to my daughter Julia Ann Boling and her heirs one hundred and fifty dollars.

WILL OF P. L. DUGGAN, CONTINUED.

"4"  I give and devise to my son W. H. Duggan the following described tracts of land (a) Known as the orchard and sheep pasture, beginning on a hickory at the lower end of the little bottom then with my line and J. A. Fox's line to W. W. Fox's then with same to the big road near the spring, then down the road to the store house, then with G. C. Duggan's line to the back of my Garden to the creek, then down the creek to the beginning.  (b) One other small tract beginning on a cluster of chestnuts on top of the hill, then with the top of the hill to G. C. Duggan's line, then including the mill field with the top of the hill to G. C. Duggan's line, then down the creek with L. T. Shular's line to an Elm then up the branch to a white oak, then up the hill with blazed line to the beginning (c) a third small tract, beginning on a pine on top of the hill near the saw mill, then down the hill with a blazed line to the top of the middle ridge to G. C. Duggan's line, then with the same on top of the hill to the beginning so as to take in some timber land.

159

"5"  I give and devise to my daughter Dicie E. Kaylor, during her natural life and after her death to her children, a tract of land known as the Sugar tree field, beginning on a black gum near the big road, above W. W. Fox's running a southern direction with a blazed line to a spruce pine near the branch below the upper saw mill site, then to the top of the hill with a blazed line East direction with the top of the hill to W. H. Duggan's line, then with the same to a maple inside of the fence above the barn, then with the big road to the beginning.

"6"  I give and devise to my daughter Maggie Emert and her heirs the following described tract of land "to wit" beginning on a black gum near the road on the left hand side above W. W. Fox's, then with my line to L. T. Shular's, then a south west direction to

WILL OF P.L. DUGGAN, CONTINUED.

a large white oak at the upper saw-mill place, then up the hill to the top of the hill to G. C. Duggan's line, then with his line to a corner to W. H. Duggan, then with the same and a blazed line to the beginning.  I direct that said devises herein before named, have a competant surveyor to run and locate the lines herein described and mark the same and the corners by proper posts or corner stones.  W. H. Duggan is to have a right of way through some part of the tracts devised to Dicie E. Kaylor and Maggie Emert the places to be determined by the parties as they may agree.

160

"7"  I direct that W. H. Duggan, Maggie Emert and G.C. Duggan pay to my daughter Eliza Drinnen, wife of J. Z. Drinnen, one hundred and fifty dollars each paying fifty dollars making the amount given her equal to the amount given my other daughters, but if on settlement between J. Z. Drinnen and my Executor he owes that amount to me or my estate, the same is to be a set off against the hundred and fifty dollars or if Drinnen owes less than one hundred and fifty dollars, then such amount as he may owe shall be deducted from the hundred and fifty dollars, and if he owes more then my Executors will collect the same.  Should Maggie Emert not have to pay as much as fifty dollars or any amount to Eliza Drinnen, then she will pay to my Executors such sum as will be a payment of fifty dollars, the same to be apportioned among the devises and legatees of my estate.

8"  I direct that after my death and the death of my wife, all my house hold furniture be divided equally among my children.

9"  I hereby appoint and constitute G. C. Duggan and W. L. Duggan my Executors of this my last will and testament with full power and authority to cary the same into effect.

WILL OF P.L. DUGGAN, CONTINUED.

This will is written on two sheets of paper.  Given under my hand this 16" day of August 1906.

                                                                                                            P. L. Duggan

Signed and executed in our presence and declared by the testator to be his last will and testament, and we signed as witnesses at the testators request, and in his presence and in the presence of each of us.

                                                                                                            A. E. Fox

                                                                                                            W. W. Fox

Admitted to probate October 22, 1906.

                                                                                                            A. T. Marshall, Clerk


WILL AND TESTAMENT OF JAMES D. LAWSON

161

Know all men by these presents that I, James D. Lawson being of sound mind and memory and realizing the uncertainty of life, do hereby make and publish this my last will and testament, and do here with revoke and make null and void any and all wills that I may have at any time heretofore made.

162

First.  I bequeath and devise and give unto my beloved wife Hettie Lawson all of my home farms and also a small portion off of the Renfro Entry, running with W. B. Headricks line, thence with the Line Springs property line and the Little River Road to the gap of the Mountain.  Thence with top of ridge to top of green Brier Mountain to the line of A. J. Lawson and others, back to the line of the home farm, and at the death of my wife as afore-said.  I will and bequeath to my daughter, Eliza Roberts, all of the foregoing tracts of land on the condition following, that is to say, that she will move on the farm and take charge of it, and she shall have one half of the House, cribs and barn-room, and provided further that she need not bring any stock or farming tools as I will leave enough of tools and stock with my wife to run the farm.  And provided further that my daughter shall keep her family and household under good control and government so as to make the home and surroundings pleasant and comfortable for my wife, the aforesaid Hettie Lawson, and in the event my daughter, Eliza Roberts, should fail or refuse to do as herein before stated she shall forfeit her rights to said premises and then she shall have only one half of said lands and at the death of my wife the half to be sold and the proceeds to be divided among all of my heirs.

Second.  I give and bequeath to my daughter Martha Fox, Seven hundred and fifty dollars.

WILL OF JAMES D. LAWSON, CONTINUED.

Third.  I give and bequeath to my daughter Mary Butler, Five hundred dollars besides what I have already given her.

Fourth.  I give and bequeath to my daughter, Hulda King, Seven hundred and thiry dollars besides what I have already given her.

Fifth.  I will give and bequeath to my two sons, W.C. and J. W. the Hardin Farm, adjoining the lands of W. J. Lawson and others, together, with two other small tracts of land one belonging to the Hardin land and the other a part of the Renfro Entry, lying between the Springs property, the Indian Camp branch and the Little River Road, also to W. C. $350. and J. W. $200.

Sixth.  I will and bequeath to my son J. B. Lawson the Fincher farm, adjoining the lands of H. S. Hardin and others.

Seventh.  I will and bequeath to my daughter Rebecca Gobble and to my son D. B. Lawson jointly, the Catler farm, adjoining the lands of King's and others to a corner to Thomas King, taking in a strip of the Renfro Entry running to the top of the Round top and down to the Indian Camp Gap, thence north back to the Catler farm leaving out the timber land between the         and the old road for a feeding ground, and I also give Rebecca Gobble $200 and D.B. Lawson Two hundred dollars.

163

Eighth.  I give and bequeath to my beloved wife the two mares, two cows the misely one, and Bonnie and one heifer named Fanny, the wagon and wagon harness, the big plow, double plow, two hoes and one mattock and all the hogs I have, but at her death, the foregoing property shall be sold or such as shall live or remain and the proceeds go to my heirs.

WILL OF JAMES D. LAWSON, CONTINUED.

Nineth.  I give and bequeath to Rebecca Gobble the organ if she out lives her mother, and J. W. Lawson the Black smith tools if he out lives his mother.

In the event any of my heirs should protest against the carying out of this will, he or she shall forfeit his or her rights to the benefit of this will.

I herewith appoint J. W. Lawson and J.M. Roberts Executors of this will.

The interlineations were made before signing.  Witness my hand and seal on this the 7" day of September 1906.

                                                                                                J. D. Lawson

Signed in our presence and in the presence of each other on the day it bears date.

                                                                        Attest               (J. H. Tarwater

                                                                                                (W. B. Headrick

Admitted to probate the 3" day of Dec. 1906.

                                                                                                A. T. Marshall, Clerk


WILL OF MANERVA W. LOW

164

State of Tennessee, Sevier County

            I, Manerva W. Low of the 7" Civil District of the aforesaid County and State, being of sound mind and memory do make and publish and declare this to be my last will and testament.  (viz)

First.  All my just debts and funeral expenses shall be first fully paid, my funeral expenses to be no less than one hundred dollars, for which I provide and place in the hands of my Executor of this Will and to consist of undertakers and appearel expenses.  With as good a monument as can be gotten with the remainder of the one hundred dollars, after my funeral expenses previous are paid.

Second.  I will and bequeath all I have advanced to each of my daughters, Mary A. Long, Lattie Catlett, and Dona E. Atchley, which advancements amount to about Two hundred and forty dollars each or thereabout, the same having consumed my distributive share and more of T. M. Lowe, dec'd, Estate.  That I now have in my possession one family bible which I bequeath to my daguhter Dona E. Atchley, having given my daughter Mary A. Long money to buy her a bible and my daughter Lattie Catlett, a family bible which I bequeath them, also one cupboard, one fall leaf table, one cherry chest, one zink trunk, I bequeath to my daughter Dona E. Atchley.

The remainder of my house holds to be equally divided between my three above named daughters.  I also bequeath to my daughter Dona E. Atchley my Gold watch and chain, requesting her to pay each of the other daughters ten dollars.

Third.  The remainder of my estate I will and do hereby assign for my own purposes in life, with its expenses and cares.

165

WILL OF MANERVA W. LOW, CONTINUED.

Fourth.  I appoint N. A. Atchley as Executor of this my last will and Testament without bond, hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal this the 5" day of February 1904.

                                                                                                Manerva W. Lowe  (Seal)

Signed, sealed, published and declared, as and for her last will and Testament by the above named testator in our presence who have at her request and in her presence, and in the presence of each other signed our names as witnesses thereof.

                                                                                                W. D. Atchley

                                                                                                A. R. Archer

Filed and admitted to probate on the 3" day of December 1906.

                                                                                                A. T. Marshall, Clerk


WILL OF T. D. WYNN

166

I, T. D. Wynn, being in feeble health but of sound mind and disposing memory do hereby make and publish my last will and testament hereby revoking all others.

First.  It is my will and I hereby direct that after my death that all my burial expenses and any other debts that may occur shall be paid out of any money or property then on hand.

Second.  I will and bequeath to wife, D. W. Wynn, all the property of which I may die seized and possessed both real and personal, after the first item of this will has been complied with, for her use and mantainance dowery for life she is to have full control of same as to its management and use so long as she lives.

167

Third.  That after the death of my wife, it is my will that all property both real and personal then on hand, shall be sold by my Executor on such terms as may be for the best interest of my Estate and heirs and when so sold, and all the money collected, my Executor shall after paying costs of Administration &c divide the proceeds equally among my heirs and those of my children who may have died leaving children surviving, then it is my will that Grand children shall have the interest of their deceased parent in my Estate equally divided among them.  In consideration of land, heretofore conveyed, to my son J. W. Wynn, I direct that my Executor charge to him Twenty five Dollars in settlement which shall be deducted from his interest in my real Estate.

Further, I direct that at the death of my wife, if their is any cows on hand, that my grand daughters Anita and Lena Wynn, shall have one cow each, of their own choice, and if no cows are on hand, then the Exr. shall pay said Anita & Lena Wynn the value of one cow each out of my Estate and if paid in cash, I fix the price at Twenty Dollars Each.

I hereby nominate and appoint my Son-in-law A. T. Marshall, as my Executor to carry out this my last will and testament and he is thereby directed and empowered to make sales of all property both real and personal and make deeds for same to the purchaser and I further direct that my Executor may if in his judgment he deems it best, sell property at either private or public sale.

            Given under my hand and seal on this the 15 day of May 1905.

                                                                                                            T. D. Wynn (Seal)

Signed and sealed in the presence of the following suscribing witnesses who suscribed their names hereto in the presence of each other and the Testator.

                                                                                                            S. W. Flanagin

                                                                                                            A. M. Butler

Probated December 31" 1906.

                                                                                                            A. T. Marshall, Clerk


WILL OF HARRISON TRUNDLE

168

I, Harrison Trundle, of Sevier County, Tennessee, being in declining health, and weak in body but of sound mind, and knowing the uncertainty of life and the certainty of death, and wishing to dispose of my earthly possession, do make and publish this my last will.

First, it is my desire that my just debts and funeral expenses be paid out of any money on hands or due me.

Second.  I will that all my personal property and real Estate go to my wife, Manerva Trundle, and that she shall have all my property to do as she pleases with during her natural life.

Third.  I will that at the death of my wife my land and home and all my personal property shall go to Leona Graham and Nellie Graham daughters of Jeff and Harrett Graham and that this my will shall be to them a title to them forever, they the said Leona and Nellie Graham having nursed and waited on me in my last sickness.

Fourth.  I hereby appoint my wife Manerva Trundle and Jeff Graham as Executors of this my will to wind up the business without bond.

            This 19 of April 1905.

                                                                                                Harrison Trundle

Signed in the presence of the undersigned witnesses.

                                                                                                W. S. Trundle

                                                                                                Tressie Chandler

Probated January 4, 1907.

                                                                                                A. T. Marshall, Clerk


WILL OF BENJAMINE F. BENSON

169

I, Benjamine F. Benson, of Sevier County, Tennessee, being of sound mind, and considering the uncertainty of life do therefore make and declare this to be my last Will and Testament.

First.  I order and direct that my Executor herein after named pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

Second.  After the payment of such funeral expenses and debts, I give, devise and bequeath unto my minor children, Viz: Julia Ethel, Nora Luella, Kattie Rotanna, Rettie Caldona, Charlie Edgar, all the house hold goods that I may die seized and possessed of.

Third.  I give, devise and bequeath unto Beecher Webb one horse bridle and Saddle providing he works on my farm for the benefit of my family until he becomes twenty one years old.

Fourth.  I will that my wagon and mower be kept on my farm for the benefit of the family, unless it should become necessary to sell said property to pay debts and funeral expenses.

Fifth.  I want my land divided equally among all my children, Viz: William H. H. Benson, Nora Luella Benson, Katie Rotanna Benson, Rettie Caldona Benson, and Charlie Edgar Benson but not to be divided until the youngest becomes of age.

Sixth.  I want my son William H.H. Benson and John Caswell Benson to live on said land until it is divided and run the farm.  I want my son John Caswell Benson to live in the house I now occupy with my minor heirs.

Seventh.  I want the rents on said land to be divided equally among all of my children as it comes in.

170

WILL OF BENJAMINE F. BENSON, CONTINUED.

The above was marked out by the direction of B.F. Benson and in his presence.

In witness whereof I have hereunto subscribed my name and affixed my seal the 11" day of November 1903.

                                                                                    Benjamine F. Benson  (Seal)

This Instrument was on the day of the date thereof signed and declared by the said testator to be his last Will and Testament in the presence of use who at his request subscribed our names as witnesses in his presence and in the presence of each other.

            Attest               J. T. Hill

            Attest               M. E. Cluiton

Codicil

In addition to the foregoing will I want to make the following changes.

I direct that my son W.H.H. Benson have charge of said farm, and my daughter, Ethel Benson (now Newman) to have charge of 1/7 of the said B.F. Benson farm free of rent.  I also affirm section six with the exception of John Caswell Benson's part in the same.  I want my son W.H.H. Benson to have 1/7 free of rent, also the said W.H.H. Benson and Ethel Benson (now Newman) pay 2/7 of tax on said B.F. Benson farm.  I further request as in Section six that my son W.H.H. Benson have full control of said farm by paying 1/3 rents on 5/7 of cultivated land to the Executor or Gdn. as the case may be.  Also the said W.H.H. Benson to keep good fencing around the 5/7 specified above.  Lastly, I appoint J.L. Yarberry my Exr.  I also request the Worshipful County Court to appoint James J. Loveday Guardian of my minor heirs.

171

WILL OF BENJAMINE F. BENSON, CONTINUED.

In witness whereof I have hereunto subscribed and affixed my seal the 28 day of January 1907.

                                                                                                B. F. Benson

Attest

G. W. Cluiton

Walter Loveday

Admitted to probate in the County Court of Sevier County on the 14" day of February 1907.

                                                                                                A. T. Marshall, Clerk


WILL OF MADISON CATE

172

In the name of God, Amen.  I, Madison Cate, being of sound mind and memory and viewing the certainty of death and the uncertainty of this transitory life, I do make this my last will and testament.  That is to say after my just        are paid and funeral expenses are paid.

First.  I will and bequeath to my son, W. P. Cate, my home farm that he has a deed for, of two hundred acres, be the same more or less.  There is a family grave-yard in this survey which is not included.  It is dedicated to a family burying ground.  He is to support me and my wife during our natural lives.

(In the margin the following sentence is written.   This interlining was made before signing.)

Second.  I will and bequeath that all of my property, both real and personal, that I may possess at our death shall be sold and divided between all my heirs.

Third.  I name W. P. Cate to be my Executor to carry out my will after our deaths.

This the 20" day of January A.D. 1899.

                                                                                    Madison Cate

Signed in the presence of us on day above named.

                                                                                                H. H. Nicholson

                                                                                                D. P. McCampbell

                                                                                                W. H. Drinnen

Probated Feby. 25, 1907.

                                                                                                A. T. Marshall, Clerk

173

WILL OF REBECCA HUFF

I, Rebecca Huff, do 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 money that I may die possessed of or that may first come into the hands of my Executor.

Secondly.  I give and bequeath to my son, Joseph Robert Huff, all the interests, rights, title, and claim that I have in and to the one share of land that I inherited or that descended to me from the estate of my father, John Large of Sevier County, Tennessee: which land herein bequeathed lies in the first civil district of Sevier County, Tennessee, and is a one third undivided interest in the lands commonly known as the John Huff farm, more fully bounded and described as follows:  On the East by the lands of George Large and W.S. Large and G.W. Huff on the West by the lands of Joseph Large, on the South by the lands of Joseph Large, W.S. Large and George Large, on the North by the lands of the old Ephraim Smelser farm and the lands of Joseph Large.

Thirdly.  I direct that all my personal property of which I may die seized and possessed shall be divided equally among my children or their heirs, if the same can be divided satisfactorily, if not my Exr., herein after named shall sell same and divide the proceeds in the manner above indicated.

174

Lastly, I hereby nominate and appoint my son, Joseph Robert Huff, my Executor with out bond.

In witness whereof I do to this my will set my hand this the 8" day of August Nineteen hundred and six.

                                                                                                            her

                                                                                                Rebecca X Huff

                                                                                                            mark

Witnesses signature

            H.W. Huff

            Robt. B. Hickey

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

            This August 8, 1906.

                                                                                                H. W. Huff

                                                                                                Robt. B. Hickey

Admitted to probate March 18, 1907.

                                                                                                A. T. Marshall, Clerk


WILL OF W. MCMAHAN

175

State of Tennessee        )                       In view of the uncertainty of life and the certainty

Sevier County               )                       of death, I, W. McMahan, being of sound mind and disposing memory do make and publish this my last Will and testament.

1st.  It is my will that after my death all of my just debts be paid out of money or personal property that may be on hands at time of my death as soon as practicable.

2"  It is my will, that the Home be maintained for my children, who are now at home or shall be at date of my decease, until my youngest child, C.W. McMahan, shall reach his majority and that he carry with it all the exempt property now allowed by statute to children under 16 years of age, unless it should become necessary to dispose of some live stock for the purpose of carrying into effect the first clause of this will, and that rental contracts continue as they now are and have been made, unless other satisfactory arrangements shall be agreed on.

3"  It is my will that when my son C. W. McMahan reaches his majority the personal property be sold and divided equally among him and his own brothers and sisters of whole blood, they to have what is now their own and they may by their own means add to it.

176

4.  It is my will when this is done that the real Estate of which I may die seized and possessed be equally divided among all my children the whole and half blood alike, and if it cannot be divided in kind, that a sale of lands be had and the proceeds divided equally.

But any one attempting to dispose of or disturbe the family on this line before this time shall be, and they are hereby disinherited and have no interest whatever in my estate.

WILL OF W. MCMAHAN, CONTINUED.

5.  It is my will that W. G. Caton be and he is hereby appointed Executor of this will and allowed to carry same into effect by giving the required bond.

Given under my hand and seal this the 20" day of February 1907.

                                                                                                W. McMahan

And we the undersigned witnesses were specially called by the Testator to witness this his last Will and testament, and he signed same in our presence and we witnessed it in his presence and in the presence of each other on day of execution above given.

                                                                                                R. A. McMahan

                                                                                                H. B. Caton

Admitted to probate April 1, 1907.

                                                                                                A. T. Marshall

                                                                                                Clerk of County Court


WILL OF NANCY E. BURNS

177

Be it known that I, Nancy E. Burns being of sound mind but in feeble health, and realizing the uncertainty of life do make and publish this my last will and Testament hereby revoking any and all wills that I may have heretofore made.

1st.  First, I will and bequeath to my son George W. Burns my house and the lot on which we live, Provided that he the said George W. Burns shall pay to my daughter Belle Burns, (now Belle Carver) the sum of one hundred dollars, to be paid within four years after my death, without interest.

Provided that said George W. Burns shall not sell the house and lot before he has ariven to the age of thirty five years.

2nd.  Second, I will George the bed stead now in the upper room, and as much good bed clothing as I gave Belle.  Beside the bed clothing now on the bead stead.

3rd.  Third, I will to my husband A. J. Burns, the bed stead on which he sleeps, and plenty of bed clothing to make a good warm bed.  And also the cherry bureau given him by his mother.

178

4th.  Fourth, I will that George shall have the large size trunk, and that Belle shall have the sewing machine and the cow and then after my just debts have been paid.  The remainder of property that I may have shall be divided equally, so that my two children George and Belle may share and share alike, in the remainder of my property.

The provisions of this will shall not go into effect until after my death.

            Witness my hand and seal on this 16th day April, 1907.

                                                                                                            her

                                                                                                Nancy E. X Burns  (seal)

                                                                                                            mark

WILL OF NANCY E. BURNS, CONTINUED.

Signed in our presence and in the presence of each other, on the day and date above written.

                                                                                                J. A. Tarwater

                                                                                                M. J. Tarwater

Be it known that after due concideration that I the aforesaid Nancy E. Burns do hereby make the following changes and editions to my will.

I will that Bell shall have the cow as herein before mentioned, if she will pay my Doctor bills, otherwise the cow shall be sold to pay them.

And further, that the house and lot shall be to George and his legal heirs forever.

Witness my hand and seal this the 20th day of April 1907.

                                                                                                            her

                                                                                                Nancy E. X Burns

                                                                                                            mark

Signed in our presence and in the presence of each other on the day and date above written.

                                                                                                J. A. Tarwater

                                                                                                M. J. Tarwater

Probated May 25, 1907.

                                                                                                A. T. Marshall, Clerk


WILL OF POLLY ANN JOHNSON

179

I, Polly Ann Johnson, of Trundles Cross Roads, Sevier County, Tennessee, being of sound mind and disposing memory, do make and publish this as my last Will and Testament, hereby revoking and making void all other wills heretofore made by me.

Item 1.  I direct that my Executor hereinafter named shall pay all my debts out of the first money that may come into his hands, including my funeral expenses.

 

Item 2.  I devise and bequeath to my son Jonathan Dartes Johnson all of my real and personal property of every kind and description wherever situated.  I give all of my property to my son J. D. Johnson, for several reasons, (1) because he is now fifty six years of age and in poor health, (2) because he has lived with me and taken care of me for the last twenty years or more, ever since my husband died, (3) and because my other children namely: William Johnson, Mathew Johnson, Wilson Johnson, and Newman Johnson, have abandoned me, they having failed to visit me or pay any attention to me for the last four or five years: and the children of my deceased son Joseph Johnson and of my deceased daughter Lizzie Widener are young and able to earn their own livings.  I contributed from $900. to $1000. to the purchase of the land which George Wade conveyed to my deceased husband James C. Johnson by deed dated October 31, 1865 and recorded in the Registers office of Sevier County in Deed Book L page 152 under an express agreement with my said husband that I should have an interest in the said land to the extent of the money which I paid into it, the entire purchase money being $1500.00, and it being further agreed that the deed should be made to my husband and myself jointly: and I have an interest in said land on which I have lived since 1865 to the extent of said purchase money.

WILL OF POLLY ANN JOHNSON, CONTINUED.

I also expressly bequeath to my said son, my share in the Estate of my deceased brother, Jacob Tarwater, if I shall fail to reduce my share to possession before any death.

Item 3.  I hereby nominate and appoint my son Jonathan D. Johnson executor of this my last Will and Testament and relieve him of giving bond.

            This March 3, 1906.

                                                                                                                        her

                                                                                                            Polly Ann X Johnson

                                                                                                                        mark

G. E. Sharp

Attest by us

Noble Smithson

L. C. Roberts

            his

G. W. X Carter

            mark

Attest by me  Noble Smithson

Signed and published by said Polly Ann Johnson as her last will and testament in our presence on this the day written below: and we in her presence, and in the presence of Each other and at her request have attested the same as her last Will and testament.

            This March 3, 1906.                                                                 Noble Smithson

                                                                                                            L. C. Roberts

                                                                                                                        his

                                                                                                            G. W. X Carter

                                                                                                                        mark

                                                                                                            G. E. Sharp

WILL OF POLLY ANN JOHNSON, CONTINUED.

We have attested the signature of said G.W. Carter at his request this March 3, 1906.

                                                                                                            Noble Smithson

                                                                                                            L. C. Roberts

Probated and recorded August 26, 1907.

                                                                                                            A. T. Marshall, Clerk

181


WILL OF MARY A. BURNS

In the name of God, Amen.

I, Mary A. Burns, of the County of Sevier and State of Tennessee, being weak and afflicted in body, but of sound mind and disposing memory, and calling to mind the uncertainty of human life, and being desirous to dispose of all worldly substance as it has pleased God to bless me with:  I give and bequeath in the following manner, that is to say:

First.  It is my will and desire that my just debts and funeral expenses be speedilly and punctually paid after my decease by my Executors herein after named.

It is my will and desire that my farm and stock of every kind, farming tools and every thing that I may have except that which is herein after specified, be sold as soon as my Executors may think best.

            It is my will and I desire that my bedding be divided between my children they choosing two disinterested, competent women to divide the same.

WILL OF MARY A. BURNS, CONTINUED.

182

It is my will and desire that my two daughters, Elizabeth A. Keener and Margaret A. Wiggins, have my wearing apparrel, equally.  It is my desire that my three grand children, Thadeus E., Mary N. and Oliver D. Hammer have their mother's things that I have kept and cared for since death of their mother.  I give and bequeath to my son George W. Burns ($500.00) Five hundred Dollars, he having spent about six hundred and fifty Dollars in building my house, and improvements on the farm.

I give and bequeath to my son, William A. Burns, ($100.00) One hundred dollars, he having done a great deal of building on the farm for which he never was paid any thing.

I give and bequeath to my son, Lewis H. Burns ($50.00) Fifty dollars, he having hauled and labored in building my house.  It is my will and desire that the remainder left of my estate be divided equally between all my children to wit: George W., John E., William A. and Lewis H. Burns, Elizabeth A. Keener, Margaret A. Wiggins, and my Grand children to have their mothers share or one seventh of said remainder.

It is my will and desire that my son George W. Burns be the Guardian of my three Grand children, Thadeus E., Mary N. and Oliver D. Hammer.

It is my will that the father of my said Grand children shall never have any thing to do with any thing derived from or going out of my estate: if through the providence of God, my son should not be living then I want the Court to appoint them a guardian that be no connection of their said father.

I appoint my two sons, George W. and John E. Burns my Executors.

This December 22 day 1904.

                                                                                                Mary A. Burns

WILL OF MARY A. BURNS, CONTINUED.

Richard W. Pitner

T. O. Cowan

Probate on the 22" day of August 1907.

                                                                                                A. T. Marshall, Clerk

183


WILL OF MARY A. BURNS (WIDOW OF W.C. BURNS)

State of Tennessee, Sevier County

I, Mary A. Burns, being in sound mind and disposing memory do hereby make and publish this my last will and testament.

1st.  It is my will that after my decease that all my just debts and my funeral expenses be paid out of any money that may be on hands or may be owing to me or property on hands.

2"  It is my will that my daughter Mattie R. Henderson have the old home place, known as the Jone's farm and willed to me by my father (George Rimel) and again willed to me by my husband, W. C. Burns.  I will this farm to my daughter Mattie R. Henderson during her natural life and then to decend to the heirs of her body.

3"  I will to my daughter Mattie R. Henderson all my household and kitchen furniture and all my other property not otherwise disposed of.

4"  I will to my son, A.J. Burns, all the notes and accounts I have against him for advancements made to him including near ($200.) Two hundred dollars to rescue him from trouble as shown by his obligation hereto attached, and I think that those

WILL OF MARY A. BURNS, CONTINUED.

advancements together with the advancements made by my husband W.C. Burns will make him fully equal with my daughter Mattie.

184

5"  It is my will that the (23) Twenty three acre tract known as the Mattox land be sold if necessary to pay my just debts, and after they are all paid, I want the remainder of the funds Equally divided between Earnest Henderson and George Burns, my two grand-sons.  But in case I sell other lands and otherwise provide for those debts, then the 23 acre tract is to go to the other land in item 2" of this will to my daughter Mattie R. Henderson, then to her children.

We witness this signature being called for that purpose on this August 22, 1896.

                                                                                                Mary A. Burns

Witnesses

            R. H. Andes

            J. W. Trotter

            Sallie Trotter

                        October 18, 1901

It is my will to hereby appoint R. H. Andes as my Executor and that he is not required to make a bond.

                                                                                                Mary A. Burns

Attest Sallie Trotter

May 27, 1904.  On this date I make the following amendment to my will as I have sold other land to satisfy the debts mentioned in item 5 of this will:  It is now my will that after my estate is wound up that whatever may be on hand in money notes or accounts (if

WILL OF MARY A. BURNS, CONTINUED.

any) shall be equally divided between my daughter Mattie R. Cotter and my son Andrew J. Burns, and the undersigned witnesses were asked to witness the same.

                                                                                                Mary Burns

Attest

            Sallie Trotter

185

            R. H. Andes

On this 5 day of September 1905 I make this amendment or codicile to the foregoing will, to wit:

That all the bequests to my daughter Mattie pertaining to the land and real estate is to be equally bequeathed to Mattie (now Cotter) and her husband John Cotter so long as either of them shall live to have and controll as their possession and then to decend as directed in item fifth of this will.

                                                                                                            her

                                                                                                Mary A. X Burns

                                                                                                            mark

Attest

J. A. Bryan

J. B. McFall

            We the undersigned witnesses being called certify that it was signed in our presence and in the presence of each other on this the 5 day of Sept. 1905.

                                                                                                J. A. Bryan

                                                                                                J. B. McFall

                                                                                                R. H. Andes

WILL OF MARY A. BURNS, CONTINUED.

Admitted to probate September           1907.

                                                                                                A. T. Marshall

                                                                                                County Court Clerk

WILL OF BEN B. SHARP

I, Ben B. Sharp, do hereby give to my Father G. E. Sharp all my personal property and one thousand Dollars of my life insurance.  To my sister Lizzie B. Sharp and my mother, Jennie C. Sharp five hundred Dollars each to be paid from my life insurance.  This Nov. 8, 1906.                                                                          Ben B. Sharp

Probated Oct. 29, 1907.

                                                                                                A. T. Marshall, Clerk


WILL OF ROBERT LOVEDAY

186

In the name of God, Amen.

The 25 day of June in the year of our Lord, one thousand nine hundred and seven, I, Robert Loveday, of the County of Sevier and town of Sevierville.  Gentlemen, being through the blessings of God in a sound state of mind and memory, but calling to mind the frail terms of life, and that it is appointed to all new once to die, do make and ordain this my last will and testament, that is to say, principally and first of all, I recomend my soul into the hands of Almighty God who gave it me, and the disposal of my body I leave to the entire discretion of my friends.

With respect to my worldly estate, I give bequeath, and dispose of it in the manner and proportion here following:

First.  I will and bequeath to my son, Willus C. Loveday, one hundred and sixty dollars ($160.00) with the understanding that he pay the mortgage on the estate and his accounts and notes of no avail.  Also, I give to my daughter, Elizabeth E. Loveday, 12 1/2 acres of land on the south and front of the farm, adjoining A. R. Connatser's land.  Also, I give to my son, W. C. Loveday, fifty Dollars ($50.00), also I give to my daughter, Nancy C. Caughron forty dollars ($40.00).

Finally, I give to my daughter Margaret M. Maples forty dollars ($40.00).

187

And I do hereby utterly disallow, revoke and disannul all and every other former testaments, wills, legacies by me in any way before named willed and bequeathed, ratifying and confirming this and no other to be my last will and testament.

In witness whereof I have hereunto set my hand and seal the day and year above written.

                                                                                                Robert Loveday X

WILL OF ROBERT LOVEDAY, CONTINUED.

Signed, sealed, pronounced and declared by the said Robert Loveday as his last will and testament in the presence of us the subscribers.

                                                                                                S. M. Connatser

                                                                                                W. R. Loveday

                                                                                                Callie Loveday

Probated December 26, 1907.

                                                                                                A. T. Marshall, Clerk

188


WILL OF H. G. BAKER

1.  State of Tennessee   )           Know all men by these presents, that I, Hugh B. Baker

     Sevier County          )           on this the 10th day of December 1906, being in my right mind and without being persuaded or influenced by any one do hereby set forth and make this my permanent will.

2.  My just debts to be paid if any and my son, William A. Baker, pay a 36 dollar note I hold on him and then right to be made to him to my house and lot where I now live.  The 36 dollars to be divided between the rest of the heirs equally.

3.  The large bureau to go to my son, Amos, and one quilt and the red coverlid and the presents my children gave to me at Knoxville to go back to them and the rest of my household to be divided equally between my heirs, James Children not to be left out.  In case the heirs can't agree my executors will sell to the highest bidder and divide by dollars and cents.  My rifle gun to go to Wallace Baker.

WILL OF H. G. BAKER, CONTINUED.

4.  What money I may have in bank on hand go into the hands of my executors and they shall pay out of it my doctor bill, if any, and my funeral expenses and the remains to be divided equally between my heirs.

189

5.  Be it further known that I appoint my 2 sons, C.L. Baker and Harry B. Baker, to take my will and all my book accounts and notes and make settlements and wind up all the business as the law directs.  My will is that you settle all the business without feeing a lawyer and all be satisfied, further in case James A. Baker pays a $40 note I hold on him, the rest of his indebtedness he be released of, and then he shares in the divide and in case he does not pay that note, that's to be his share except the rest of the heirs agree to let him share in the other part and the two small pictures of mine and your mother is to be his by promise, and the enlarged pictures to be Harvy's.  My watch I alow to Harvy, and my bible to Lafayette if living, if not, to Harvy.

In testimony whereof I hereunto set my hand and affix my seal this the 25 day of September 1907.

Witness            S. V. Gibson                                                                (Hugh B. Baker

                        A. E. Fox

Probated January 20, 1908.

                                                                                                            A. T. Marshall, Clerk


WILL OF J. M. LAYMAN

190

Know all men by these presence, I, J.M. Layman have this day made and published my final and last will.

1.  I give all my personal property to my wife, Sallie Layman.

2.  I give all of my lands I now own to my wife, Sallie Layman, her life time and after her death if she should die before my youngest child should become 21 years old, I want it divided equally between my heirs at law when William Earl Layman is 21 years old and should he die then when the next youngest child should become 21 years old.

Given under my hand and seal.

            J. C. Allen        )                                                           J. M. Layman

            C. I. Walker     )

Probated February 11, 1908.

                                                                                                A. T. Marshall, Clerk.


WILL OF W. H. BAKER

191

I, W.H. Baker, being of sound will and mind, and in ordinary health, and realizing the uncertainty of life and the certainty of death, and being desirous of disposing of my property both real and personal, while I am living, do make and publish this as my last will and Testament hereby revoking and making void all former wills made by me at any time.

First.  I will to my two sons, Joseph Baker and C.C. Baker, my home farm containing 120 acres, lying in the 10th District of Sevier County, Tenn., on the waters of Gass Creek "Bounded on the East by H. T. Baker on the South by Williams and Gibbs, on the West by Lewelling and Delozier and on the North by Andrews & Hale, on the following conditions.

1st.  That the aforesaid Joseph Baker and C.C. Baker are to pay to the three living children of my deceased daughter, viz:  Nancy E. Lemons, dec'd to wit:  Wesley Lemons, Hannah Lemons, and Samuel Lemons, the sum of One Hundred fifty & no/ Dollars ($150.00) to be equally divided between them.

2ndSecond.  My sons, Joseph Baker & C.C. Baker are to pay to the heirs of my deceased daughter, Sarah C. Reagan, dec'd., to wit:  Dan Reagan, William Reagan, and Seaborn Reagan the sum of One Hundred & fifty Dollars ($150.00) to be equally divided between them.

192

3rdThird.  My sons, Joseph Baker and C.C. Baker will pay to the 4 heirs of my deceased daughter Eliza Reagan to wit:  Alice Reagan, Queenie Reagan, Charity Reagan & Hettie Reagan the sum of One Hundred & fifty Dollars ($150.00) to be equally divided between them.

WILL OF W.H. BAKER, CONTINUED.

4thFourth.  I direct that my sons, Joseph Baker and C.C. Baker, shall pay to my daughter Lydia E. Shults or the heirs of her body the sum of One Hundred and fifty Dollars ($150.00).

5thFifth.  I direct that my sons, Joseph Baker & C.C. Baker shall pay to my daughter Amanda Haggard or the heirs of her body the sum of One Hundred & fifty Dollars ($150.00).

6th.  Sixth.  I direct that my son Mitchell Baker hold his part in the farm until my death and at my death the interest or part of my son Mitchell shall descend to my son C.C. Baker with the condition that my son C.C. Baker is to take care of, feed, clothe and furnish a home for Mitchell while he lives provided Mitchell outlives me.

7thSeventh.  I direct that what moneys & notes that I may have on hand or in the bank at my death, shall be taken in control by my son C.C. Baker, and that he shall use the same for the support, maintenance &c of my son Mitchell while he lives.

8th.  Eighth.  I direct that at my death my son Mitchell Baker shall be given a good bed and bedstead and that the rest of my bedding be equally divided between my two living daughters and that Mitchell has a peacable home during his life and his support off of the farm.

193

9th.  Ninth.  My son C.C. Baker, is to have the N.W. end of the farm, and Joseph Baker is to have the S.E. end (except the house where Ben Reagan lives and timber for firewood).  The division line between Joseph Baker and C.C. Baker shall be as follows:  Beginning on an ash on or near the line of W.H. & H.T. Baker, then S. 19 W. 46 poles & 36 links to a stake & Buckeye, S. 25 E. 14 poles to a hickory & sugar tree, then S. 54 E. with the top

WILL OF W.H. BAKER, CONTINUED.

of the ridge 44 poles & 13 links to a white oak, then S. 8 W. 9 poles to a white oak, with top of the ridge, then S. 15 E. 28 poles & 18 links to a Hickory then N. 60 W. 18 poles & 16 links to the beginning.  It being expressly understood that C.C. Baker is to have a road and right of way for a private road where the road now is to the public road.

10th.  Tenth.  I direct that at my death that all my personal property except what I have hereinbefore named, shall be sold at public vendue and that C.C. Baker have ($5.00) five dollars out of the proceeds and that the remainder be equally divided among my heirs.

11.  Eleventh.  I hereby appoint my sons, Joseph Baker & C.C. Baker as my executors to carry this will into effect.  They shall serve without bond and shall have four years from my death to pay off the heirs the amounts to which I have given them.

Witness my hand, this Oct. 30" 1905.

                                                                                                            W. H. Baker

Signed and sealed in our presence of the testator on this Oct. 30" 1905.

            G. M. Fox                    )

            C.S. Rhyne                   )

            I.M. Lindsey                 )

194

Codicil

I hereby make and publish this codicil to the foregoing will.  I hereby name and appoint I.M. Lindsey Executor of my last will and testament, instead of Joseph Baker and C.C. Baker, thereby revoking and making void section 11 of the foregoing will.

Witness my hand and seal this 19" day of September 1906.

                                                                                                            W.H. Baker

WILL OF W.H. BAKER, CONTINUED.

Signed and sealed in our presence and in the presence of the testator on the 19 day of Sept. 1906.

            Joe Williams

            Victor Stafford

Probated Feby. 14, 1908.

                                                                                                            A.T. Marshall, Clerk.

195


WILL OF R.L. TRENTHAM

State of Tennessee, Sevier County.

            I, R.L. Trentham, do hereby make and publish this as my last Will and testament, hereby making void all other wills by me at any time made.

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

Secondly.  I give and bequeath to my son, N.H. Trentham, the tract of land where he now lives in the 11" Civil Dist. of Sevier County, Tennessee, and on the waters of the West fork of Pigeon River.  Beginning on a Willow and stake at the ford of the two mile branch, thence running across the branch, thence up with the meanders of the two mile branch to a rock near and opposite the mouth of the holly branch, thence Eastward up the ridge on the East side of the holly branch to a mountain oak an old corner, thence Northward with the old line to the river, thence up the river to the old R.L. and I.N.

WILL OF R.L. TRENTHAM, CONTINUED.

Trentham line, thence with the same line to a stake on the east top of the wharf hill, thence N. 14 1/2 E. 58 poles to the beginning.

196

Thirdly.  I give and bequeath to my son, Levi Trentham, during the period of his natural life time and at his death to descend to four of his sons namely:  Lewis, R.L., Jonas and Pharace Trentham, to share equally apart of the farm where I now live being in District County and State aforesaid and on the waters of Little River and Jakes Creek.  Beginning on a poplar stump       on the bank of a Sluice of the river at the lower end of an Island, thence running westward with the Sluice, Jakes creek and public road to a stake on the road thence S. 45 W. crossing the creek to a double chestnut and rock at the point of the ridge thence up the ridge to the top of the leading divided between Little River and the slick line branch, thence up with the meanders of said dividing ridge to a stake and chestnut, thence S. 50 E. to a rock in Jakes Creek and a pine on the bank of the creek, thence down with the meanders of the creek and original line to the beginning.

Fourthly.  I give and bequeath to my daughter Milly Ownby, a boundary of land on Shields branch, beginning on a stake on the West prong of Shields branch on the original line and on L.S. Ownby's line, thence down with the meanders of the branch to a cucumber near the fork of the branch, thence direct to a linden tree near ford of the east prong of branch, thence N. 45 E. to the line on top of the divide ridge, between Shields branch and other waters that run into little river about 50 or 60 poles, thence direct to a chestnut on L.S. Ownby's line, thence S. 45 W. with L.S. Ownby's line to the beginning.

Fifthly.  I give and bequeath to my four other daughters namely: Frankey Ogle, Mary Welch, Sallie McCarter and Martha Ogle, the following described tract of land. 

WILL OF R.L. TRENTHAM, CONTINUED.

197

Beginning on a rock at the old pine corner with R. Evans, thence S. 44 1/2 W. to a stake at the old cucumber corner on top of the ridge between Shields branch and Little River a corner with Evans, thence up with the meanders of the leading ridge between Shields branch and Little river to a stake a corner to the land that I have willed to Milly Ownby, thence about S. 45 E. to a chestnut a corner to L.S. Ownby's line on top of the divide between Shields branch and Jakes Creek, thence Northward with the meanders of the ridge next to Jakes creek and Levi Trentham's line to a stake on the top of the dividing ridge between the Slick line branch and Little river a corner to the land that I have willed to Levi Trentham, thence Eastward to a double chestnut and rock at the point of a ridge, thence eastward N. 45 E. to a stake on the road, thence Northward with the sluce and Jakes creek to the North bank of Little river, thence North-westward with the north bank of Little river to the beginning.

Sixthly.  I give and bequeath to the heirs of my son, W.R. Trentham dec'd, namely:  Lee, Jossie and Pearlie Trentham, two hundred dollars.

Seventhly.  I give and bequeath and set apart as a homestead to my wife, Mary R. Trentham, in the event she shall live longer than I do, all the lands that I have willed to my heirs to have and to hold during the period of her natural life time, and also I direct that my wife, Mary R. Trentham, shall have the use of all my personal property and all money that I may die possessed of and after her death, all my personal property to be divided equally among all of my legal heirs.

Eighthly.  I further direct that in case there shall in the period of twenty years after my death any mineral or metal be found to the value of ($5000.) Five thousand dollars on any

WILL OF R.L. TRENTHAM, CONTINUED.

198

of the land that I have willed to my heirs that the owners of the lands on which such mineral or metal be found, shall have pay for the full damages imposed on the lands by working the mineral or metal and the remainder to be equally divided among all my legal heirs.

Ninethly.  I hereby nominate and appoint my wife, Mary R. Trentham, and N.H. Trentham my Executors, from the confidence I have in them.  I hereby release them from the obligation of giving bond.

In testimony of which I have hereunto subscribed my name.

This the 2" day of September 1905.

                                                                                                            R. L. Trentham

Attest

            R.E. McCarter

                        his

            E. E. X Trentham

                        mark

Probated by order of the Court on the 22" day of February 1908.

                                                                                                            A. T. Marshall, Clerk


WILL OF CALEB ROBERTSON

199

I, Caleb Robertson, 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 that my funeral expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die possessed of or may first come into the hands of my Executor.

Secondly.  I will and bequeath to my wife, Mary Robertson, the home farm where I now live, her life time, to control and use as she may proper for herself and the support of the family, after her death if the children are all of age, I want the farm sold to the highest bidder on a credit of one and two years, and equally divided between all of my heirs.  Should my wife die before all of the children are of age, my will is that the proceeds of the above named farm be applied to the use of those under age, until they are twenty one years old, and then sold and disposed of as above stated.

I further will that should my wife die before all of the children become of age, that those of them who are minors have the full control and use of said farm until they are of age, without the same being controled by any guardian or other person.

Thirdly.  My will is that all of my personal property in the house and out of doors be kept for the use of the family under the control of my wife, Mary Robertson.

200

Fourthly.  My will is that my interest in my fathers estate when it is sold, be equally divided between all of my heirs.

Fifthly.  I hereby nominate and appoint M.L. Robertson my Executor and should he die before the provisions of this will is carried out, then I will that H.M. Robertson act as my Executor.

WILL OF CALEB ROBERTSON, CONTINUED.

In witness whereof I do to this my will set my hand and seal this the 19" day of March 1895.

                                                                                                            Caleb Robertson

Signed, sealed and published in our presence and we have subscribed our names hereto in the presence of the testator.

This the 19" day of March 1895.

                                                                                                            T.D. Wynn

                                                                                                            R. C. Robertson

Probated on the 10 day of March 1908.

                                                                                                            A. T. Marshall, Clerk

201


WILL OF WILLIAM HATCHER

State of Tennessee        )                       I, William Hatcher, make and publish this as

Sevier County               )                       my last Will and testament, hereby revoking and making void all others by me at any time made.

First.  I desire that body have a decent burial and that my soul go back to God who give it.  I also direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any money that I may die possessed of, or may come into the hands of my Executor.

Second.  I give and bequeath to my daughter, M.J. Kear, the sum of Twenty five dollars.

Third.  I give and bequeath to my daughter, Lelia Smith, the sum of twenty five dollars.

WILL OF WILLIAM HATCHER, CONTINUED.

Fourth.  I give and bequeath to my son, John Hatcher, the sum of Twenty dollars.

Fifth.  I give and bequeath to my son, William Hatcher, the sum of twenty five dollars.

Sixth.  I give and bequeath to my grand daughter, Emma J. Emert, twenty five dollars, she being the only minor grand child of the deceased heir.

Seventh.  I give and bequeath to my wife, Luticia C. Hatcher, the entire remainder of my Estate.

Lastly.  I do hereby nominate and appoint my wife, Luticia C. Hatcher, my Executor.  In witness whereof I do to this my will set my hand this the 18 day of February 1908.

Attest   J.P. Price                                                                                  William Hatcher

            B.H. Price

Signed and published in our presence and we have subscribed our names hereto in the presence of the testator this the 18 day of Feby. 1908.

Probated March 18"-1908.

                                                                                                            A.T. Marshall, Clerk


WILL OF HENRY TROTTER

202

Be it known that I, Henry Trotter, being of reasonably sound mind and memory for a man of my age and condition, but realizing the uncertainty of life, do make and publish this my last will and testament hereby revoking any and all wills that I may have at any time heretofore made.  That after my death:

First.  I will that all of my property including all of my real estate and personal property be sold, and that all of my just debts be paid out of the proceeds of said sales, and after that is done, I will:

Second.  That all of what is left shall be equally divided among my legal heirs, provided that my grand daughter, Dicy McCeldry, shall have alike and in all respects share equally among the rest of my heirs.

Third.  I appoint James McCeldry, as the Executor of this will and that he be authorized to sell said lands as herein before mentioned, to make deeds to the lands and do such other business as the law directs in the premises.

I witness whereof I have hereunto set my hand and seal.

            This 20 day of February 1908.

                                                                                                            his

                                                                                                Henry X Trotter (Seal)

                                                                                                            mark

Signed in our presence and in the presence of each other on the day and date above written.                                                                              J.A. Tarwater

                                                                                                R.C. Conner

Probated March 23, 1908.

                                                                                                A.T. Marshall, Clk.

203

WILL OF FREDERICK L. EMERT

State of Tennessee        )                       I, Frederick L. Emert, do make and publish this,

Sevier County               )                       my last will and testament, hereby revoking and making void all others by me at any time made.

First.  I will my soul back to the God who gave it, and that my body be decently buried.

Secondly.  I give and bequeath to the heirs of Mary E. Alexander the sum of five dollars.

I give and bequeath to the heirs of D.Y. Emert the sum of Five dollars.

I give and bequeath to the heirs of D.H. Emert the sum of five Dollars.

I give and bequeath to Sarah J. Kernal the sum of five dollars.

I give and bequeath to N.W. Emert the sum of five dollars.

I give and bequeath to Jno. J. Emert the sum of five dollars.

I give and bequeath to Nancy M. Sellers the sum of Ten dollars.

I give and bequeath to Clarsy M. Mayes the sum of five dollars.

I give and bequeath M.A. Shaw the sum of five dollars.

I give and bequeath to Paul P. Emert the sum of ten dollars.

I will and bequeath to Michael E. Bradshaw one-third interest in the remainder of my entire estate.

Third.  I will and bequeath to my wife, Michael Emert, the entire remaining two-thirds of my estate.

204

Lastly, I do hereby nominate and appoint J.W. Bradshaw my Executor.

In witness whereof I do to this my Will set my hand this 16" day of July, 1907.

                                                                                                            Frederick L. Emert

WILL OF FREDERICK L. EMERT, CONTINUED.

Signed and published in our presence and we have subscribed our names hereto in the presence of the Testator, on this 16" day July, 1907.

            Witnesses:-                                                       J.P. Price.

                                                                                    J.E. Price.

Probated Mch. 31st, 1908.

                                                                                                A.T. Marshall, Clerk

205


WILL OF ANNA C. DUGGAN

In revocation of whatever I may have written heretofore, I, Anna C. Duggan, do make and publish this my last Will and testament.

I direct first, that all of my lands lying on the south side of the road leading from Sevierville to the Knox County line, and containing about seventy acres, lying in the 12 Civil Dist. of Sevier County, Tennessee, be owned and used by husband, A.M. Duggan, during his lifetime, and at his death, said land to be sold by my Executors and the money that it brings be equally divided between my two daughters, Caroline Whisenhunt and Mollie McMillan and my son, John M. Duggan.

I further will my daughter, Mollie McMillan, one bed and the necessary bed clothing to furnish it.

I further direct that my daughter, Caroline, remain with and care for her father during his life time and for said service she receive the remaining portion of my personal effects or property.

WILL OF ANNA C. DUGGAN, CONTINUED.

I further will that one half acre of land lying on top of the hill Westward from W.O. Raulston's Tannery, be reserved for a Family burying Ground or Grave yard, with ingress and egress to the same.

I name as my Executors, T.F. Adams an Z.T. Duggan.

            This 23 day of August 1902.

                                                                                                                        her

                                                                                                            Anna C. X Duggan

                                                                                                                        mark

Attest   Henry C. Tyson

            W.O. Raulson

Probated April 28, 1908.

                                                                                                            A.T. Marshall, Clk.

206


WILL OF A.M. DUGGAN

State of Tennessee, County of Sevier

                                                                                                Nov. 19, 1907

This is to certify that I have this day bargained and sold and do hereby transfer and convey to my daughter, Mrs. Barbara Caroline Whisenhunt, all of my personal property, money, household furniture, goods, chattles, and kitchen ware, of every kind with all my goods of which I may die possessed to have and to hold at my decease, as a compensation to pay her for keeping house for me for nearly four years.

WILL OF A.M. DUGGAN, CONTINUED.

To have and to hold all of said property after my lawful debts and burial expenses are paid against the lawful claims of all persons.

                                                                                                            his

                                                                                                A. M. X Duggan

                                                                                                            mark

Attest

Ralph Underwood

Z.L. Duggan

Probated April 28, 1908.

                                                                                                A.T. Marshall, Clk.

207


WILL OF A.H. BIRD

State of Tenn.   )                       I, A.H. Bird, of Allensville, have maid my will as follows:

Sevier Co.        )                       I direct my Executor to pay my debts out of my money that I may have at my death.

2.  I bequeath to my beloved wife, Mary A. Bird, all of my property, real and personally, except 1 mule, 3 years old.  I give to my son, Oliver Bird, when he becomes twenty one years old, and if she dies before he becomes twenty one years, the mule falls to my son.

3.  And at her death, the lands falls to Lillie Bird.

4.  And at Lillie's death, the land to be equable divided among my bodily heirs.

5.  I apoint my beloved wife, Mary A. Bird, to my Executor, with bond to carry out my will.  June 16" 1908.

WILL OF A.H. BIRD, CONTINUED.

                                                                                                            his

                                                                                                A.H.  X  Bird

                                                                                                            mark

Witnesses         James O. Cox

                        J.L. Yarberry

                        L.C. Thurman

            Probated July 6"-1908.

                                                                                                A.T. Marshall, Clk.

208


WILL OF W.W. WEBB

I, W.W. Webb, being of sound mind and disposing memory do hereby make and publish this my last will and testament, in this my 75 year of age, hereby revoking all former Wills by me at any time made, viz:-

First:  I direct that my funeral expenses and all of my just debts be paid as soon after my decease as may reasonably be out of any funds that I may leave or out of my property that I may leave.

Second:  I direct that suitable tomb stones shall be erected at my grave, and the grave of my wife, B.A. Webb, to be paid for out of my estate to cost from $10.00 to $15.00 each.

Third:  If my wife, B.A. Webb, shall survive me, I direct that my executor shall see that she is properly provided for out of my estate and that she shall have all necessary food raiment and medical attention to be paid out of the proceeds of my estate, if the rents of the two tract of lands to wit: one which we conveyed to J.C. Webb and one to J.J. & N.E.

WILL OF W.W. WEBB, CONTINUED.

Stott, and reserved to ourselves the rents during our natural life and during the life of the survivor.  Now I desire that these rents and their proceeds shall be first applied to the care and support of my said wife, and if not sufficient, then the remainder necessary shall be furnished out my estate.  If my said wife shall survive me, I direct that her funeral expenses shall be paid out of said rents if sufficient and if not then out of my estate.

209

Fourth:  I have this day conveyed away all my real estate and I have out of the price and value of the same advanced to my daughter, N.E. Stott, $500.00 in the price of the land conveyed to her husband J.J. Stott and herself.  I have also advanced to my son, M.C. Webb $500.00 out of the price of land this day conveyed to him by me: and I have also advanced to my son, J.C. Webb $500.00 out of the price of land this day conveyed to him by me.  The foregoing amounts I hereby charge up to the said respective parties receiving same as an advancement, out of my estate.  I also on this day prepared to advance to my son, James Webb, $500.00 cash, for which sum I take his receipt and I charge this sum up to him as an advancement out of my estate.

Fifth:  After my death: I direct my Executor to pay to my son C.G. Webb, $500.00.  I direct my executor to pay to L.D. Webb out of my estate $500.00.  I direct my executor to pay to my daughter M.A. Ward $100.00 and I also direct my executor to pay to each of her five children, to wit:  1st Hettie Rambo, 2nd Sallie Fox, 3rd Geo. Seaton, 4th Wm. Seaton, and 5th Phillip Ward ($80.00) (Eighty dollars each) which sum will make in all to my said daughter, and her children $500.00, which is the same sum I advanced to my children above named first herein:

WILL OF W.W. WEBB, CONTINUED.

I direct my executor to pay to the four children of my daughter Sallie Ogle, now dead, to wit: 1st  Livy Ogle, 2nd Raymon Ogle: 3rd Hobart Ogle: and 4th Bessie Ogle: $100.00 each making $400.00 in all to the heirs of my said daughter:

210

I direct my executor to pay to each of the two children of my deceased son, Phillip Webb, to wit: 1st Edith Webb and 2nd Phillip Webb $100.00 each making in all to the heirs of my said son, Phillip $200.00.  The foregoing bequests are to make my children and their representives part of my estate and I desire that as further notice shall be taken of advancements in any way.

I direct my executor to buy and give Wiley Robertson a good suit of woolen clothes also hat, shirt, slips, sop, shoes and suspenders, and I give to said Wiley my shot gun, and I direct my executor to give him $1.00, but each and all of the above requests to said Wiley are made upon the conditions that he shall remain with me until he is 18 years of age, or until my death.

I give to Marion Webb, who now lives with me: Mary's trunk and one bed stead, and necessary bedding to go with same to make a bed.  The Stead and bedding to be selected by me executor.  I give to Pearl Webb, one bed stead and bedding for same to be selected by me executor.

Sixth:  I give to my son in law, J.J. Stott, my hay fork, ropes and pullies for same.

Seventh:  I give my watch to my son M.C. Webb.

Eight:  I direct that all the rest and residue of my estate of whatsoever nature, quantity, quality and kind shall be equally divided among my following children, to wit:  1st Charley Y. Webb, 2nd L.D. Webb, 3rd J.C. Webb, 4th James Webb: 5th M.C. Webb: 6th

WILL OF W.W. WEBB, CONTINUED.

M.A. Ward: and 7th N.E. Stott, without considering or taking any notice of advancement in any way at any time made by me.

211

Ninth:  If my estate shall not be sufficient to fully pay and satisfy all the bequests made in this will to my children and grand-children and friends up to the eight clause of this will, I direct that the proceeds of my said estate shall be applied in the payment of said bequests prorats, which shall be a full satisfaction of the said bequests.  But this clause shall not apply to the support of my wife or to her funeral expenses, or to the erection of tombstones, as I desire that those bequests shall be fully paid.

Tenth:  I hereby nominate and appoint my son in law J.J. Stott and my son L.D. Webb, as my executors with full power and authority to execute and carry into effect all the provisions of this will and they are authorized to take possession of and sell any and all property that I may leave as apart of my estate.  If either of my executors shall refuse to act then the other shall have full power to execute this will.  If either of my executors above named shall refuse to act then I appoint my son J.C. Webb as my executors to act in the place of one ones so refusing if he will.

This Will is written on two sheets of paper both of which are signed by me as apart of my will making in all my complete will.

            This January 9"-1908.

                                                                                                            W.W. Webb

We the undersigned sign this will as witnesses at the request of the testator and in his presents, and in the presents of each other and we saw the said W.W. Webb sign the said will in our presents.  This Jany. 9" 1908.

WILL OF W.W. WEBB, CONTINUED.

                                                                                                            A.M. Paine

                                                                                                            W.W. Stott

            Probated July 4" 1908.

                                                                                                            A.T. Marshall, Clerk

212


WILL OF WM. GIBSON

I, William Gibson, of Waldens Creek, Sevier County, Tenn., do make and publish this my last will and testament hereby revoking any and all other wills by me made.  I will and bequeath unto my wife, Amanda Gibson, all of my property both real and personal to have and use as she pleases as long as she lives:

I give and bequeath unto my son, John Gibson, the house and lot where I now live, running with the public road from A.R. Shular's line to a persimmon tree near the barn, then a south east direction until it passes the barn for enough to make a good barn lot, then North East to the ditch, then with the same back to the road, then with the road to the point of the ridge near the shop where the brush fence was, then up the ridge the way the fence run to J.A. Sutton's line.

I give and bequeath all the rest of my real estate to the four boys, to wit: W.J. Gibson, A.P. Gibson, W.T. Gibson and John Gibson, on the following conditions:

First, that they shall provide wood and clothing for their mother, Amanda Gibson, and every necessary to make her comfortable through life or otherwise vacate the place, that she may rent it or cultivate it to make her support.

WILL OF WM. GIBSON, CONTINUED.

213

Second, that each of the four boys shall pay the sum of $18.75, making in all $75.00, which shall be divided equally between the three girls Betsy Emert, Clementine Suttles and Margaret Kirby.

I further direct that should any one or more of my legatees shall fail or refuse to comply with any part of this will, that he or she forfeits all claims and his or her share shall be equally divided between the other children.

I direct that my Executor shall collect all debts due me, and pay all that I owe within a reasonable time after my death.

This the       day of November 1907.

                                                                                                            his

                                                                                                Wm.  X  Gibson

                                                                                                            mark

Witnesses

James L. Carries

Lee Brewer

Probated July 20, 1908.

                                                                                                A. T. Marshall

                                                                                                Clerk of the County Court


WILL OF DAVID BRABSON

214

State of Tennessee, County of Sevier

I, David Brabson, being of sound mind and memory, do this day Oct. 3, 1908, make this statement before two witnesses, as to the disposition of my property.  This statement to take effect after my death.  All other statements made by me are now void.

I give to Bob Brabson and wife, my interest in a tract of land in 14 Dist. of said County and State.

I give to Alonzo Brabson my horses, wagon, buggy, harness, farming tools, house hold goods, my land in 8" district of said County and State.

I give to Alonzo Brabson all debts due me and the said Alonzo Brabson will settle all debts that I owe.

                                                                                                            David Brabson

Witness

G.A. Soffell

Horace Chandler

Probate Oct. 17" 1908.

                                                                                                            A.T. Marshall, Clerk

                                                                                                            of the County Court


WILL OF HATTIE GRAHAM

215

State of Tennessee, County of Sevier

I, Hattie Graham, of R.F.D. #18, Boyds Creek, Tennessee, being of sound mind and memory and knowing that I shall soon leave the walks of life, but desiring to dispose of my property before I depart this life, do hereby make and publish this my last will and testament, hereby revoking and making void all former wills made by me.

1st.  I direct my Executor hereinafter named to pay all my just debts, funeral expenses, as soon after my death as possible.

2"  I direct my Executor to draw from the East Tennessee National Bank of Knoxville, Tennessee, all the money with interest that is due me.

3rd.  I further direct my Executor to give to my beloved brother, Jefferson Graham, the sum of ($100.00) One hundred dollars.

4"  I have heretofore made advancements to my brother, Richard Graham, which I think makes him equal with the others.

5"  I direct my Executor to pay the balance that may remain to Ulysiss Chandler to pay him for taking care of my in my last illness.

6"  I hereby appoint Albert W. Roberts of Sevierville, Tenn., R.F.D. #2, my Executor without bond, to cary out the provisions of this my last will and testament, on this the 13 day of October, in the year of our Lord nineteen hundred and eight.

                                                                                                            her

                                                                                                Hattie X Graham

                                                                                                            mark

Signed and seal in our presence and in the presence of us both on this 13 day of Oct. 1908.

WILL OF HATTIE GRAHAM, CONTINUED.

G.A. Soffell

Bettie Hammer

Probated Oct. 17, 1908.

                                                                                                            A.T. Marshall, Clerk

216


WILL OF A.B. FULLBRIGHT

State of Tennessee, Sevier County

I, A.B. Fullbright, of Sevierville, Tenn. R.F.D. #9, do make and publish this as my last will and testament, hereby revoking any and all wills by me heretofore made.

1st.  I direct that my body have a decent burial.

2.  I direct that all my debts be paid by my Executor as soon after my death as possible, and he also collect all debts due me as soon after my death as he reasonably can.

3"  I direct that my wife, Maggie J. Fullbright, shall take absolutely all of my estate, both real and personal, after the conditions in Sec. one and two have been complied with.

4.  I appoint my friend, B.W. Clark, to be the Executor of this will.

This August 4, 1908.

                                                                                                            his

                                                                                                A.B.  X  Fullbright

                                                                                                            mark

Witnesses         J.D. Shults

                        J.E. Russell

WILL OF A.B. FULLBRIGHT, CONTINUED.

The foregoing will was signed in our presence, and we witnessed the same in his presence and at his request.

This Aug. 4, 1908.

                                                                                                J.D. Shults

                                                                                                J.E. Russell

Probated Oct. 26, 1908.

                                                                                                A.T. Marshall, Clerk

                                                                                                of the County Court

217


LAST WILL AND TESTAMENT OF JAS. W. CHAMBERS

I, James W. Chambers, of Sevier County, Tenn., do make and publish this my last Will and testament, hereby revoking and making void all other wills by me at any time made.

First.  Satisfactory provisions for the mutual support of myself and wife, Rebecca Chambers, having been heretofore made no provisions for her are desired to be made in this will.

Second.  It is my will and I hereby direct that all my just debts, and the funeral expenses of myself and wife shall be paid by my Executor out of any funds belonging to my Estate that may come into his hands.

Third.  It is my will, and I hereby devise to each of the sons of my deceased daughter, Sallie Mize, to wit:  James Mize, Lambert Mize, William Mize, Joseph Mize, and Pink Mize, one hundred dollars, to be paid to them within twelve months after the death of

LAST WILL AND TESTAMENT OF JAS. W. CHAMBERS, CONTINUED.

myself and wife and in the event any one of these grand children shall die without issue before said devise shall have been paid, the same shall be distributed equally among his surviving brothers.

218

Fourth.  I will and devise to each of the two sons of my deceased son, J.B. Chambers, to wit:  Greely Chambers and Otha Chambers, one hundred dollars, and if either should die without issue before this devise comes to him the same shall be paid to the surviving brother.  It is my will and I hereby direct that this devise to my said grand children Greely and Otha Chambers shall not be paid to them until they are respectively twenty one years of age.  I hereby empower my Executor herein after named to keep said devise loaned at interest and upon good security until the same can be paid to my said grand children Greely and Otha Chambers under this will.

Fifth.  After the death of myself and wife, Rebecca Chambers, it is my will and I hereby devise all the remainder of my estate to my said grand children, to wit: James Mize, Lambert Mize, William Mize, Joseph Mize and Pink Mize and Greely Chambers and Otha Chambers, to be divided among them equally, the interest of Greely and Otha Chambers to be paid as directed in article "Fourth" of this will.

Sixth.  It is my will that as to devises made in item Fifth, in the event of the death of any of my said grand children without issue and before said devise shall have been paid to them, that the interest of such deceased grand child or children, shall go to their respective surviving brothers.

WILL OF JAMES W. CHAMBERS, CONTINUED.

Seventh.  I hereby nominate and appoint my trusted friend, J.C. Thurman, the Executor of this my last will and excuse him from entering into bond as is generally required in such cases.

In witness whereof I have hereunto set my hand, this the 23 day of July 1906.

                                                                                                            James W. Chambers

219

Signed by James W. Chambers, the Testator, as and for his last will and testament, in the presence of us the undersigned, who, at his request, and in his sight and presence, have subscribed our names hereto as attesting witnesses the day and date above written, to wit:

July 23, 1906.

                                                                                                            W. A. Bowers

                                                                                                            George L. Zirkle

Codicil to the above will of James W. Chambers.

The above named J.C. Thurman, named as Executor in my will above, having departed this life, I hereby nominate and appoint I.C. McMahan Executor of my said last will and testament and waive bond in his qualification.  This Nov. 7" 1907.

                                                                                                            J.W. Chambers

Signed by testator and published in our presence and we sign in his presence and in the presence of Each other, the date last above written.                           M.B. McMahan

                                                                                                            Mc. D. Brown

Probated November         1908.

                                                                                                            A.T. Marshall, Clerk

                                                                                                            of the County Court

220

WILL OF JAS. W. CHAMBERS

                                                                                    Made March 16, 1908

I, James W. Chambers, of the 7" Dist. of Sevier County and State of Tennessee, make this my last will concerning the following named property (personal) to wit:  One Jersey cow and calf, a cooking stove, and sewing machine, four bed steads and bed clothing, one clock and bureau, chairs, dishes, knives and forks including all household and kitchen furniture.  The above named property, I will to A.L. Green, the same to be his at my death.  In witness whereof I have hereunto set my hand and seal.

                                                                                                J.W. Chambers

Signed by James W. Chambers, the testator, as and for his last will in the presence of the undersigned, who at his request and in his sight and presence, have subscribed our names hereto as attesting witnesses the day and date above written, to wit: March 16, 1908.

                                                                                                N.A. Atchley

                                                                                                P.M. Atchley

Probated November      1908.

                                                                                                A.T. Marshall

                                                                                                County Court Clerk


WILL OF G.W. HENDERSON

221

I, G.W. Henderson, of the county of Sevier in the State of Tennessee, do make and publish this my last will and testament, hereby revoking and annulling any and all other wills or testamentary dispositions by me at any time made.

I.  I direct that my debts and expenses shall be paid out of my personal estate.

II.  I devise to my beloved wife, Belle, all my lands in the 14 Civil district of Sevier County, Tenn., all lying adjoining and in one body, though conveyed to me by several deeds, being the lands whereon we now reside, for and during her natural life or widowhood: and at her decease or remarriage, the same shall go to and vest in her children, the issue of our marriage.  In case she should die or remarry, leaving any children under full age, the said lands shall be kept and held without division until the youngest child shall come of age, (or die should death first happen) the proceeds of same to go and be used for the support, education and maintenance of the family left there.  I also give her our household and kitchen furniture and the property which she would take under the exemption laws, and $300.00 for years support for herself and family.  I also give her absolutely one thousand dollars par value, of the capital stock of the Bank of Sevierville.

222

III.  I devise my lands in the old 12 civil district of the County of Jefferson, Tenn., whereon Charlie Ellis now resides, to my three children, to wit: Laura, Ollie and James.

IV.  I bequeath in trust unto my son, W.C. Henderson, one thousand dollars, to be used, managed and controlled by him for the use and benefit of my two grandchildren, the children of my deceased daughter Ella Wallace, until they arrive respectively at their majority: and in case either of them shall die before coming of full age, his share shall go

WILL OF G.W. HENDERSON, CONTINUED.

the survivor, (or the issue of the deceased, if any) and in case both shall die before either attains full age, and without issue, then said bequest shall fall back to and be divided among my children.  The above named amount is given to them in addition to what I advanced to their mother.

V.  I bequeath to my son, W.C. Henderson, one thousand dollars in addition to what I have heretofore advanced to him.

VI.  I bequeath to my daughter, Victoria Davis, twenty five hundred dollars.

VII.  I bequeath to my daughter, Annie Ellis, Twenty five hundred dollars.

VIII.  Should there remain any estate after payment of debts and expenses and after satisfaction of legacies, it will be divided equally among all my children.

IX.  Should any one or more of my children or legatees contest this my will, I desire and direct that such one loose and forfeit what he or she would otherwise take under this will, the share or shares so forfeited to go to and be divided equally among my other children.

X.  I hereby nominate and appoint my son, W.C. Henderson, and my son in law, J.R. Davis, executors of this my will.

223

The undersigned testator and the attesting witnesses have signed and executed this instrument at Sevierville, Tenn., on this the third day January, 1907.  The testator signs in the presence of the said witnesses and the witnesses in his presence and the presence of each other.

                                                                                                            G.W. Henderson

Attest   A.T. Marshall

Attest   I.A. Watson

WILL OF G.W. HENDERSON, CONTINUED.

Probated December the 9" 1908.

                                                                                    A.T. Marshall, County Court Clerk

                                                                                    per J.M.L.

224


WILL OF WILLIAM SISK

State of Tennessee, Sevier County.

            I, William Sisk, this day being at my right mind, and realizing that I at some future time have to depart this life, I therefore hereby make and submit to writing this my last will and testament.

I will and bequeath unto my loving and lawful wife, L.N. Sisk, all of my property both real and personal, and she shall have full controll of all the real Estate, and the products thereof for her maintenance that I am this day the owner of in fee simple, during her natural life: and my wife the said L.N. Sisk shall be the sole owner of and to have full controll of all the personal property of my Estate at the date of my death, and every part and parcel of said personal property shall be hers:  And at the death of my wife or widow, I hereby will and bequeath unto my two sons, J.W. Sisk and G.L. Sisk, all of my real Estate, the afore said sons, shall become the owners jointly and equally between them of my real Estate, that I own, the said lands is situated in the 1st District of Sevier County, Tennessee, lying on the Waters of Sugar Camp branch, adjoining the lands of Margaret Williams on the East, and Wm. Frye on the South, and Albert Breeden on the West.  The above described real Estate, will become the joint property of the same J.W. Sisk and

WILL OF WILLIAM SISK, CONTINUED.

G.L. Sisk and their heirs, that is each of my sons to have one half interest in the above described real Estate.

225

In consequence of the said J.W. Sisk and G.L. Sisk becoming the owners of the said real Estate, and in order that this part of my will shall be effective, the said J.W. Sisk and G.L. Sisk shall pay to each of my two daughters, to wit: M.C. Hurst and Ida B. Williams the sum of forty Dollars each.  That is, the said J.W. Sisk and G.L. Sisk shall pay the sum of Forty dollars to each of my two daughters (M.C. Hurst and Ida B. Sisk).

In witness whereof I set my hand and affix my signature on this the twenty eighth day of February in the year of our Lord one thousand nine hundred and six.

                                                                                                                        his

                                                                                                            W. H.  X  Sisk

                                                                                                                        mark

Attest

A.W. Proffitt

Emeline Williams

Creetil Williams

Probated in the County Court of Sevier County April 15, 1909.

                                                                                                            A.T. Marshall, Clerk


WILL OF E.L. MORRIS

226

I, E.L. Morris, of the 17 Civil district of Sevier County, Tennessee, do hereby make and publish this my last Will and testament, hereby revoking and annulling any and all other wills or testamentary dispositions by me at any time made.

I bequeath to my three daughters, Ellen, Adelaide and Martha, or to such of them as shall survive me, all my personal property of every kind and description and money.

This bequest is made on the condition that they or the survivors or survivor of them (as the case may be) shall furnish me and my wife, during our natural lives, with such support, maintenance, care and attention, medical and other, as we may need and call on them for: and shall place to our graves suitable monuments.

                                                                                                E. L. Morris

The above instrument is signed, Executed and published by the testator, E.L. Morris, as his last will and testament, and signed by him in the presence of the undersigned subscribing witnesses, who sign same at his request and in his presence and in the presence of one another: on this 22 day of May 1907.

                                                            Attest               J.E. Henry

                                                            Attest               M.W. McCarter

                                                            Attest               Wm. McCarter

Probated June 7, 1909 in the County Court of Sevier County.

                                                                                                A.T. Marshall, Clk.


WILL OF C.V. FOX, DECEASED

227

State of Tennessee, Sevier County

                                                                                                September 19" 1908

I, C.V. Fox, of the County and State aforesaid, fully recognizing the uncertainty of life and the certainty of death, hereby make and publish this my last and only will as follows, to wit:

Item 1st.  I give and bequeath to my son, Turney Fox, the sum of ($2000.00) Two thousand Dollars in good notes which are in the custody and care of my beloved husband, J.N.G. Fox, and not to draw interest till this will is probated.

Item 2".  I also give to my son, Turney Fox, one half interest in my feather beds and bed clothing.

Item 3".  I hereby appoint W.Y. Henderson Executor of this will without bond, believing he is responsible and will do right without his giving bond.  Witness my hand and seal this date above written.

                                                                                                C.V. Fox (seal)

We the subscribing witnesses to the foregoing will certify that the foregoing will was signed in our presence the day it bears date.  Attest                  W.Y. Henderson

                                                                                                Lee Fox

                                                                                                Grady B. Fox

228

I, J.N.G. Fox, hereby certify that I gave my beloved wife ($1000.00) one thousand Dollars of the above notes and that she actually has the ($2000.00) Two thousand Dollars in good notes in my possession and that I am present and have carefully read my wife's foregoing will and that I fully and heartily concur and agree to her foregoing will.  In

WILL OF C.V. FOX, CONTINUED.

testimony whereof I hereby sign my name and affix my seal in the presence of the subscribing witnesses.  The foregoing interlineations were made before signing.  This Sept. 19" 1908.

                                                                                                J.N.G. Fox  (Seal)

We the subscribing witnesses certify that we were present and saw the said J.N.G. Fox sign his name and affix his seal to this paper the day it bear's date.

                                                                        Attest               W.Y. Henderson

                                                                                                Lee Fox

                                                                                                Grady B. Fox

Probated in open Court June 19th 1909.

                                                                                                A.T. Marshall, Clerk


WILL OF JOHN W. JOHNSON

229

I, John W. Johnson, of the County of Sevier, State of Tennessee, being of sound mind and memory, do make and publish this my last Will and Testament; hereby revoking and making void any and all Wills by me heretofore.

Item I.

I direct that the funeral expenses of me and my wife and all my debts, be paid as soon as possible, after our deaths, out of any money that I may die in possession of, or that may first come into the hands of my executor.  I also direct that nice tombstones shall be placed at our graves.

Item II.

I give and devise to my son, George, heirs and assigns all my land, about 149 acres: providing he, George, pays my daughter Martha Wade $100.00 one hundred dollars, and my son, J.B. Johnson $100.00 one hundred dollars, and my daughter Alcy J. Wells $100.00 one hundred dollars, and my daughter Blanche E. Dups $100.00 one hundred dollars.

Item III.

I, John W. Johnson, and my wife, Elizabeth R. Johnson, hold this land in our possession, till our deaths.

Item IV.

The personal property belonging to me shall be sold, and the money arising from this sale, together with the money or notes that may be on hand, after all the expenses are paid, shall be divided equally among my five children.


WILL OF JOHN W. JOHNSON, CONTINUED.

230

Item V.

I, John W. Johnson, direct that my son, George C. Johnson, care for us during our lives.

Lastly.

I do appoint and nominate my son, George C. Johnson to be Executor

In witness whereof I hereunto set my hand this 11th day of May 1897.

                                                                                                John X W. Johnson

Signed and published in our presence and we subscribe our names hereto in the presence of the Testator, this 11th day of May 1897.

                                                                                                J.R. Dykes

                                                                                                J.H. Dykes

                                                                                                W.T. Cowden

Probated in open Court, Nov. 8", 1909.

                                                                                                A.T. Marshall, Clerk


WILL OF JACOB H. SEATON

231

I, Jacob H. Seaton, being impressed with the uncertainty of life and the certainty of death, do make this my last Will and testament.  I want my wife, S.G. Seaton, to have full control of all my lands as long as she lives and at her death, or when the youngest child is twenty one years old, I want it sold and divided equal among all my children.  I also want my wife to have all my personal property.  I want all my little debts and Doctor bill settled as soon as possible.  I want John U. Seaton as my Executor.

This April 13, 1909.

                                                                                                Jacob H. Seaton

Wt.      John Ogle

Wt.      James Ogle

Probated November 18, 1909.

                                                                                                A.T. Marshall, Clerk


WILL OF L.W. REED

232

State of Tennessee        )                       Know all men by this act.

Sevier County               )                       That in view of the uncertainty of life, and the certainty of death, I, L.W. Reed, being of sound mind and disposing memory, do make and publish this my last will and testament, revoking any and all others that should have been by me made.

I.  It is my will that all my honest debts be paid, together with funeral expenses, and any other expenses that may accrue during my last sickness, as herein after explained.

II.  It is my will that my wife, Sallie Reed, shall have the use and benefit of all my property, real and personal, during her natural life, and that the real Estate, now owned by me, said L.W. Reed, is lying in the 7" Civil District of Sevier County, Tennessee, which he has deeds and so on giving location and description of same.

The debts shall be paid by my wife out of realty or personalty as she may think best.

233

III.  In as much as there was never any children to us born as a result of our marriage, and we having raised three children, by name: Dora Knight, wife of Fowler Knight, Bruce L. Baker and Earnest Baker.  It is my will that after the death of my wife, that the three above named children, shall inherit by and through this will the real estate of which I may die seized and possessed and shall be equally divided between them.  If it could not be equally divided in kind, it may be sold and the funds be equally divided.

IV.  It is my will that my wife, Sallie Reed, be appointed Executrix of this my last will and that bond be specially waived.  This     day     1908.

                                                                                                            L. W. Reed

WILL OF L.W. REED, CONTINUED.

We the undersigned were specially called as witnesses to the foregoing will, that we signed in the presence of the testator and in the presence of Each other, and that he acknowledged the Execution of same for the purposes expressed.

This day     of           1908.

                                                                                                G.F. Ownby

                                                                                                Elza Ownby

Probated Nov. 26, 1909 by order the Court, on Minute book No. 2, page 74.

                                                                                                A.T. Marshall, Clk.

234


WILL OF S.B. HENDERSON

I want and desire that whatever personal property and real estate I may have at my demise shall go to Mrs. Mollie Hicks for her to have and hold the same for her own use and benefit during her natural life, except my Gold watch, which I want James Umbarger, Jr., Clarence Hodsden and John Hicks to have equally between them, or the value thereof.  They can settle that among or between themselves.  There may be some minor points that Mrs. hicks can carry out as to my burial and marking the graves of her sister, Sally, and myself beside our son              at Kingston, Tenn.  She, Mrs. Hicks, knows my wishes and will doubtless carry them into effect.  This September 4" 1909.

                                                                                                S.B. Henderson

PS or Codicil.

WILL OF S.B. HENDERSON, CONTINUED.

I want Robert Hicks to have my double barrel shot gun and want some token of affection left to Mrs. Lizzie Walker, whatever she desires in that line, especially her Aunt Sally's and her 2 brothers and sisters Photo's now in Pearl Umbarger's possession, such was the wish of her Aunt Sally.

Admitted to probate November 26, 1909, by the County Court of Sevier County.

                                                                                                A.T. Marshall, Clerk

235


WILL OF SARAH CLABOUGH

I, Sarah Clabough, do make this my last will and testament.

Item First:  At my death, after my funeral expenses is paid, I desire that C.C. Chance have all of my interest in the farm that we now live on, and all of my live stock, and I want Margaret J. Chance, wife of C.C. Chance, to have all that belongs to me in the house.

This May 3" 1893.

                                                                                                                        her

                                                                                                            Sarah X Clabough

                                                                                                                        mark

Witness

John Ogle

George Gobble

Probated January 4, 1910, in County Court of Sevier County.

                                                                                                            A.T. Marshall, Clk.

236

THE LAST WILL AND TESTAMENT OF JAMES BAKER

I, James Baker, of the County of Sevier and State of Tennessee, being of sound mind and memory, but frail of body, make and publish this my last will and testament.  Having sold my farm and disposed of part of my estate by division amongst my children and grand children, I hereby give and bequeath the remainder of my property, consisting of money on hands at my death, money in the Bank of Sevierville, and money derived from personal property, if any at my death, sold by my Executor to my children and grand children in the manner and amounts as follows:

1st.  I give and bequeath to my grand daughter, Alice Baker, of Knoxville, Tennessee, the sum of One hundred and fifty dollars.

237

2"  I give and bequeath to my daughter, Louiza J. Walker, my daughter Susan Sims, wife of James Sims, my daughter Julia Allen, wife of George Allen, my daughter, Sarah E. Brown, wife of Mc. D. Brown, my daughter Cordelia McMahan, wife of Allen McMahan, each one seventh of my estate, after paying the bequest of $150.00 to Alice Baker and to my grand daughter, Ida Williams, wife of Walker Williams, half of one seventh, or one fourteenth, of my estate, and to my grand daughter, Minnie Proffitt, half of one seventh, or one fourteenth, of my estate, after said bequest of $150.00 to Alice Baker, and to my grand children, Alton Baker, Elmer Baker, Willie Baker, and Charles Baker, sons of J.C. Baker, jointly, the sum of one seventh of my estate, after paying said bequest of $150.00 to Alice Baker.

I direct that the bequest to the four sons of J.C. Baker be placed in Bank to their credit to remain there subject to the order of their regularly appointed guardian, to be used by him for their use and benefit.  I have heretofore advanced and given to my son, J.C. Baker, a

WILL OF JAMES BAKER, CONTINUED.

sufficient amount to make him equal with my other children, and therefore will him nothing more.

I direct that my personal property that may be on hands at my death, be sold and the proceeds be used as herein before mentioned.

I hereby constitute and appoint Mc. D. Brown, to be the Executor of this my last will and testament, revoking and annulling any former will by me made, declaring and confirming this and no other to be my last will and testament.  In witness whereof I hereunto set my hand this 3rd day of February 1906.

                                                                                                            James Baker

Signed by the above James Baker, and declared by him to be his last will and testament, in the presence of each of use, who at his request, sign as witnesses of the same.

                                                                                                            W.L. Duggan

                                                                                                            T.W. Sharp

Admitted to probate in the County Court of Sevier County, March 2, 1910.

                                                                                                            A.T. Marshall, Clerk


WILL OF J.C. HODGES

238

In the name of God, Amen.

I, J.C. Hodges, of Sevier County, State of Tenn., being of sound mind, but in feeble health, but committing to mind the mortality of my body, knowing it is appointed to all men to die, do make and publish this my last will and Testament, hereby making void and revoking any former will made by me either by word or written made at any time.

First.  I recommend my soul to the hands of Almighty God that gave it and my body to the dust from whence it was taken to be burried in Christian decency, not doubting but it will be raised again at the general reserection.

And as to such property as it has pleased God to entrust me with, that it be disposed in the following way and manner, that is to say, That is my will that all of my just debts be paid and all of my funeral expenses be paid out of any money that may first come into the hands of my Executors from any part of my Estate.

I further will and bequeath to my beloved wife, Hettie A. Hodges, all of my household and kitchen furniture, of every description, also my stock of Five hundred Dollars in the Sevier County Bank.  She to hold the same in the Bank or sell it as she may think best for her.

239

I further will and bequeath to my wife, Hettie A. Hodges, two hundred dollars in cash out of my estate.

I further will and bequeath to her my young mare, 6 years old, and one horse, called the Thompson horse, and one yellow cow, and two hogs, and I further will and bequeath to my wife, Hettie A. Hodges, the rents on my farm during her natural life.  The rents to be

WILL OF J.C. HODGES, CONTINUED.

put up the hay in the barn and the corn and other small grain in the garner, she to dispose of them as she may elect, or will and pleasure.

I further will that she shall have the use of the house and one barn during her natural life, and I further will and bequeath to my daughter, Jae Ella Clark and her heirs, one half of my home farm, the East side of the farm.  The division line to commence at the second cross fence along the public road that leads to Waylands Mill, said division line shall run through my farm to a point on Robert Hodges line, so that equal number of acres shall be on each side of the division line, the line to run with Robt. Hodges to James Wades farm, then with his lands to the Wm. Davis lands, then with his line and the road to the beginning corner at the second cross fence, also a right of way for stock to water along the line of Robt. Hodges.  I further will that she may sell the above land, but the proceeds from said sale shall be reinvested in other lands and deeds made to her and her heirs.  I further will to my daughter, Jae Ella Clark, out of my money, Five hundred dollars to build a house on her part of the farm, and if she fails to put up buildings the five hundred dollars shall be equally divided between her and my daughter, M. Ethel Davis.

240

And I further will and bequeath to my daughter, M. Ethel Davis and her heirs, the remainder half of my farm, to commence at the second cross fence the beginning corner of the first party, then with said division line to Robert Hodges line, then with his line to David Hodges line, then with his line to the Maryville Road, then with said road to James Davis line, then with his line to the public road, then with the road to the beginning, the same being the West side of my farm, she shall have the right to sell the same, but the proceeds shall be re-invested in other lands and deeds made to her and her heirs.

WILL OF J.C. HODGES, CONTINUED.

I further will and bequeath to my two daughters, Jae Ella Clark and M. Ethel Davis, my undivided interest in my knob farm to be equally divided between them.

I further will and bequeath to my nephew, W.B. Tipton, sixty dollars out of my Estate.  I further will that my Executors shall sell all of my personal property not otherwise disposed of, and I further will and bequeath that all money that may come into the hands of my Exectuors from sale of personal property, notes or cash not otherwise disposed of shall be equally divided between my two daughters, Jae Ella Clark and M. Ethel Davis.

I further appoint A.P. Hodges my Executor of my will and J.R. Dykes to assist him as Executor in settlement of my Estate.

I affix my hand and seal this Feb. 3, 1910.

                                                                                                            J.C. Hodges

Signed, seal and published in the presence of us who have subscribed in the presence of the Testator and of Each other.

                                                                                    A.A. Leadwell and H.H. Ogle

Probated April 9, 1910.

                                                                                                            A.T. Marshall, Clerk


WILL OF H.H. LUNSFORD

241

I, Herman Lunsford, of Sevierville, RD #16, of Sevier County, Tennessee, do make and publish this as my last request and will and testament, hereby revoking any and all wills by me heretofore made.

First.  I direct that all of my debts be paid by my Executor as soon after my death as possible.

Second.  I will and bequeath and direct that my wife, Hettie Lunsford, shall take absolutely all of my Estate or property, consisting of 8 $25.00 notes, and one $37.50 on J.B. Lunsford, also the remaining of my part of my fathers Estate in J.B. Lunsford's hands as Administrator.

I appoint my wife, Hettie Lunsford, to be Executor of this will.

This October 12" 1908.

                                                                                                H.H. Lunsford

The foregoing will was sined (signed) by the testator in our presence, we attested the same in his presence and at his request.  This Oct. 12, 1908.

                                                                        Attest               John Proffitt

                                                                                                E.L. Huskey

Probated in the County of Sevier County on the 28" day of March, 1910.

                                                                                                A.T. Marshall, Clerk


WILL OF S.F. SIMS

242

I, S.F. Sims, now a resident of Sevier Co., Tennessee, make and publish this my first and last will.

First.  I will to my beloved wife, Mary, all my land which I possess during her life time and then to the heirs of my body, namely, D.B. Sims, W.M. Sims, G.F. Sims and Stanly Sims.

It is my will that Mary should she make any thing above a living, to educate G.F. Sims and Stanly Sims to such an extent as she feels able.

It is my will further that if my wife, Mary, should die before Guf and Stanly reaches their majority, that the farm stand just as it is, and D.B. Sims, W. M. Sims, G.F. Sims and Stanly Sims share the proceeds of the farm equally.

I do hereby appoint my son, W.M. Sims, Executor of this will.

This March 19, 1910.

                                                                                    Signed              S.F. Sims

                                                                                    Witnesses         L.D. Robertson

                                                                                                            J.J. Sims

Probated April 18" 1910.

                                                                                                            A.T. Marshall, Clk.


WILL OF ALFORD ANDERSON HODGE

243

I, Alford Anderson Hodge, of Sevier County and State of Tennessee, being of and disposing mind and memory, do make and publish this my last will and testament.

Item (1)  I give and bequeath to my Son, Jim Hodge, a certain tract of land known as the Home of Alford Anderson Hodge, lying on the Maryville and Dandridge Road, bounded as follows: on the South by Bruce Hodge, on the North by Moore Hodge, on the East by Bailey on the West by Eula Underwood, containing Twenty five acres more or less, known as a part of the land purchased from John B. Brabson.  I also give to my Son, Jim, the House and barn on this Tract of land.

I give my son, Jim, one feather bed, bestead and bed clothing for same.

My will is that my Son, Jim, continue to live with my Son, Bruce Hodge, as long as he is treated well.

My will is that my Son, Bruce Hodge, take charge of the land I have given my Son, Jim and manage it in a way that it will not go down.  He must keep it in Grass part of the time, also look after the buildings and not have the Timber destroyed.  I also to give to my Son, Bruce, two-thirds of the present crop growing on the land.  I have given him my Son, Jim, the bal. to go to Jim.

I hereby appoint my Son, Moore Hodge, Executor of this my last will and testament.  It is my desire that my Executor pay all my debts and accounts.  In testimony whereof I have hereunto set my hand and seal, this 20" day of May, 1910.

                                                                                                                        his

                                                                                                Alford Anderson X Hodge

                                                                                                                        mark

Witnesses         J.B. Brabson

WILL OF ALFORD ANDERSON HODGE, CONTINUED.

                        J.P. Kelly

Probated June 16, 1910.

                                                                                                A.T. Marshall, Clerk

244


WILL OF H.M. ROBERTSON

I, H.M. Robertson, a citizen of Pigeon Forge, Sevier County, Tennessee, of sound mind and memory but feeble health, do make and publish this my last will and testament.

1st.  All my just debts shall be paid.

2nd.  In order to afford my wife, Martha Robertson, a comfortable and secure support during her life out of my estate, I hereby devise and bequeath to her for the term of her natural life, all my property, real and personal and mixed, to have, manage, and use for herself during said time.

At her death, said property shall be divided among my lawful heirs and distributees, according to the laws of inheritance and distribution in Tennessee.

3rd.  To more effectivally provide for my said wife, I hereby invest her with power to sell and convey any of said property for the use aforesaid.

This power is given because some of said realty consists of houses and lots in Knoxville, Tennessee, and one farm in Roane County, which has our encumbrance which is to be settled January 1st 1911, and I further give my said wife full power to sell any or all of my property, real or personal, to meet any of my obligations.

WILL OF H.M. ROBERTSON, CONTINUED.

245

I further give my wife full power to sell any or all of my real estate and personal property, and re-invest or use for her support or for the purpose of educating my children during her life.  I further give my wife the power to mortgage any of my real estate if necessary to meet my obligation on my farm on January 1st 1911, if in her judgment a profitable sale of same can not be made.

I hereby nominate and appoint my said wife Executrix and give her the power to appoint an Executor of this my last will and testament.

In testimony of which I hereto subscribe my name.  This July 12, 1910.

                                                                                                            H.M. Robertson

Witnesses

John Robertson

J.T. Trotter

Probated July 27, 1910 in the County Court of Sevier County, Tennessee.

                                                                                                            A.T. Marshall, Clerk