Will Book #2
Note: Original page numbers are in the left margins.
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WILL OF ISAAC. M. FREE.
I Isaac. M. Free do hereby make this as my last Will
and testament, hereby revoking all other Wills by me made, my Will is that after
all my debts and funeral expenses is paid out of any money or effects that I
may die seized and possessed of, first that my wife Cordela Free have one house
and lot that I own in Cocke County Tenn. near Newport Tenn., so long as she
remains my widow, and at her death or marriage said lot and house to go to my
children if they are living, if they are not living then I give said lot and
house to my grand children. I give to my wife $150 that I have deposited
in the Merchant’s and Planters Bank at Newport Tenn. and one note for one
hundred dollars that I have on Bruce and Luther Atchley but I want my debts and
funeral expenses first paid out of said money and note, the, remainder if any,
to be given to my wife if she is single at the time said money is collected and
paid out. I also give to my wife Cordela all of my presant crop and all
of my personal property consisting of one cow and four head of hogs. I
give and will to my dear daughter Ethel Allen and her children the tract of
land on the mountain known as the Dr. Hearl lands containing 104 acres more or
less. I will and give to my dear little grand son Mitchel Clide Allen the
20 acre tract of land that I now live on, to be his in fee-simple after he
arives to the age of 21 years. I will and direct that this tract that I
have willed to Mitchel Clide Allen be cared for and looked after by my wife
Cordela, and rented and kept in a good state of cultivation until Mitchel Clide
arrives to the age of 21 should he live that long if he should die before he is
21 years old, then I desire the land to go to my heirs and the proceeds of the
land to be used to pay the tax on said land and for the benefit of my wife so
long as she remaines my widow, if she should marry or die before Mitchel Clide
becomes 21-, then the proceeds to go to my heirs.
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I. M. FREE.
Signed in the presence of us subscribing witnesses the
18” day of August, 1910.
J.R. HUFFAKER.
Probated Sept. 9” 1910 in the
A.T. MARSHALL. CLERK.
WILL OF D. T.
I, D.T. DAVIS, a citizen of
FIRST, All my just debts shall be paid.
SECOND, In order to afford my wife Martha. E. Davis, a
comfortable support during her life, I hereby devise, and bequeath to her for
the term of her natural life all of my property real and personal to have,
manage and use for herself during said time, at her death, I give her full
power to will, and transfere all of said property to the hiers of the body of
D. T. Davis and, Martha.
To more affectually provide for my wife, I hereby
invest her with power to sell and convey any of said property, for the use
afforesaid. This power is given because some of said realty consists of
two tracts of land known as the Scrugs and Henderson land. I futher
request that my Executrix have power to sell any of my personal property to
meet the approbation of my creditors, In case such claims shall exist.
I hereby nominate, and appoint Marthie E. Davis my wife
Executrix of this my last will and testement.
I futher exempt her from bond and settlement.
In testomony of which I hereto subscribe my name,
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This September 9. 1910.
D. T. Davis
Witnesses,
John Robertson.
Ben Robertson.
Probated November 7 1910.
In the
A. T.
Marshall Clerk.
WILL OF JAMES M. WADE.
I James M. Wade of Trundles X Roades Sevier County
Tennessee do make and publish this my last will and testament hereby revoking
and making void all other will by me at any time made.
FIRST.
It is my will and I hereby direct that my Executors
pay all my just debts including my funeral expenses and expense of
administration out of any money that may be on hands at the death or out of the
first money that may come into thier hands as such Executors.
WILL OF JAMES M. WADE
CONTINUED.
SECOND.
I give and bequeath to my beloved wife Sallie J. Wade
for and during her natural life, or in the event of her remarring, then for and
during the time she shall remain my widow, unmarried the following real estate
to wit.
1st. The home tract of land which I
purchased from O. M. Whittle also the tract I purchased from D. R. Mullendore.
THIRD.
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I give and bequeth to my said wife Sallie J. to have
in her own absolute right the following personal property to wit two choice
milk cows, three choice horses or mules, four head of sheep if in my possession
at my death all neccessary farming tools to be selected for her by my
Executors, one wagon, one best buggy, and buggy harness, also one, best wagon
and wagon and plow harness, two choice brood sows and 8 heads of hogs if the
same be on hands at my deeath if not on hands it is my will my Executors purchase
the same for her or give her money to purchase this number, cane mill and
evaperator, all the grain and hay necessary to feed the above stock for twelve
months, also enough wheat and corn to bread the famley twelve months, also one
hundred and fifty dollars ($150) in money
WILL OF JAMES M. WADE
CONTINUED.
to be paid out of my money on hands or as soon as the
same can be collected. Provision sufficient to mantain her and family for
twelve months to be assorted and set appart by my Executors, and all the house
hold and kitchen furniture. The personal property above devise shall not
be understood to be given her in addition to what she may be intitled to under
the Exemtion laws of the state, it is my will that my daughter Nola have my
organ.
FOURTH.
It is my will that upon the marriage of my wife Sallie
J. or at her death shall she remain unmarried, that all real estate above
devised to her shall go to my children by my last wife Sallie J. and I
accordingly give and bequeath the same to them.
FIFTH.
It is my will and I hereby direct and empower my
Executors to sell at such time in such manner and upon such terms as they may
think to the best interest of my estate; and my real estate, not already herein
before devised including my mill property, my Executors distribute the said
funds equally among all my children by my first wife Mary C. Wade, and for this
purpore I hereby autherize my said
WILL OF JAMES M. WADE
CONTINUED.
Executors to make and execute deeds to purchasers said
real estate.
SIXTH.
I direct that my Executors sell all of my personal
property not herein divised at public or private sale as they may deem best and
the proceeds of such sale together with all other money of my estate not
disposed herein be equaly devided among my children by my first wife and last
wife.
SEVENTH.
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I hereby nomanate and appoint A. A. Wade & Dr. Gib
E. Sharp Executors of this my last will and impower them to administer my
estate according to my purpose herein expressed In witness where of I have hereto
set my hand on this the 13” day of June 1906.
JAMES M. WADE
Signed by said James M. Wade as and his last will and
testement in the presents of the undersigned who is at his right mind an his
sight and presence have subscribed our names hereto as attesting witnesses with
the day and date above written.
E. H. Sharp.
G. F. Keller.
July 28” 1909 Codicell to the above will.
WILL OF JAMES M. WADE
CONTINUED.
It is my will that my wife Sallie J. have my
hack. I also will my son Neuton one two year old black mare colt. I
also will my son Earl one bay mare colt about four months old. And I will
my daughter Mablecyde one red heffer, and my daughter Magnoly one red heffer
calf.
Signed by J. N. Wade in the presence of us the
undersigned who is at his wright mind we have subscribed our names hereto as
attesting witnesses. James M. Wade.
J. L. Keener.
May Keener
Probated Dec. 3” 1910. By the
A. T. Marshall Clerk.
WILL OF Mrs. JANE LYONS.
DECEASED.
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I Mrs. Jane Lyons, resident and citizen of Sevier County
Tenn. do hereby make and publish this my last will and testament, herby
revoking and annulling any and all other wills or testamentary dispositions by
me at any time made.
Ist. I will and desire that my remains be given
decent Christian burial and that a suitable monument be erected over
same. I leave the question of expenses and burial and monument to the
discretion of my Executors.
II, All my just debts and expenses of adminstration
will be paid out of my estate before distribution.
III. I give and bequeath to the children of my
deceased sister Kate Worthington, fifteen hundred dollars; of which amount, one
of them, to wit; Mattie Worthington, shall have two hundred dollars and she
shall also share equally with the others in the remainder.
IV, I give and bequeath to my sister, Mary T. Bogle
the interest or income of ($1500) fifteen hundred dollars; which sum at her
decease will go to and vest in her children as follows; one hundred dollars to
her daughter, Susie, and the remainder will be equally divided among all her
children including the said Susie.
WILL OF Mrs. JANE LYONS.
CONTINUED.
V, I will and bequeath unto my step grand-children,
the children of Andrew R. Bogle’s first wife, the sum of five hundred dollars,
to be equally devided between them.
They reside, (at least they did recently) at
VI, I will and bequeath unto the children of my
deceased sister, Ellen B. Cox, one half of the remainder of my estate, to be
equally divided among them.
VII, The remaining one half of the remainder of my
estate, I will and bequeath to my sister, Elizabith Cox and her children, as
follows she shall receive the interest or income thereof during her natural
life and at her decease the same shall be equally divided among her children.
VIII, If any of the legatees under this my will, shall
die before his or her share shall be payable, leaving issue, such issue shall
take his or her share, whether such legatees are described as “children” of
otherwise herein.
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IX, If any one interested under this will or otherwise
in my estate shall make effort to contest or annul this my will I direct and
will that his, her or their share of my estate shall be charged with all the
costs and expenses of such effort, including the fees of attorneys employed to
WILL OF Mrs. JANE LYONS.
CONTINUED.
sustain the will and Executors expenses and reasonal
compensation.
X, I hereby nominate and appoint my nephews, Sam Cox
and Will Cox, children of my said deceased sister Ellen B. Cox, Executors of
this my last will and testament.
XI, Some the children of my sisters being dead and
leaving issue, I direct that such issue shall represent their respective
parents and receive respectively their shares, as though such parents should
survive.
I sign, execute, and publish this as my last will and
testament on this Nov. 11” 1907, in the presence of the attesting witnesses who
signed same at my request as such, and in the presence of myself and of each
other.
Jane Lyons.
Attest; W. A. Bowers.
Attest; J. S. Ballard.
Probated by the
A. T. Marshall, Clerk.
WILL OF J.H. RUNYAN
DECD.
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I J. H. Runyan of
I, To my sister Laura Nichals I have given a note of
$1100 and I desire that this amount be not charged to her, but after receiving
this amount she may share as an equal hier in the remainder of my estate.
This note was advanced to her for her care for me during bad health. It
is agreed that should I regain my health that instead of paying the face of
above mentioned note, I am to pay onley a reasonable amount to my said sister
Laura Nichols for her care for me during my ill health.
II, After paying the above $1100 and interest, and any
other amount I may owe, I desire that the remainder of my estate be equally
divided among my lawful hiers.
In witness hereof the testator has signed his name
hereto in the presence of witnesses and they have signed in his presence and in
the presence of each other, This March 9” 1908,
J, H, Runyan.
(T.C. Drinnen)
Attest,
(G.W. Nichals)
WILL OF J.H. RUNYAN
DECD. CONTINUED.
Probated by the County Court of Sevier County
A. T. Marshall, Clerk.
WILL OF MARY ANN
SASSEEN, DECD.
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I Mary Ann Sasseen, being of sound mind and disposing
memory, do make and publish this my last will and testament, hereby revoking
all other wills by me heretofore made.
FIRST, I
will that all my just debts, including my funeral expenses, be paid by my
executor, hereinafter named, as soon after my death as convenient, out of any
money that may be on hands belonging to me, at my death, or out of the first
money that may come into the hands of my said executor, in the event thare be
no money, on an insufficient amount, on hand at the time of my death.
SECOND, I
will that as soon after my death as convenient my said executor have prepared
and set up at my grave a suitable and substantial tombstone, the same to be
paid for out of monies coming into his hands as my said executor.
THIRD, I
will and direct my said executor, as soon as convenient after my death, to have
a substantial house or cover erected over my grave, and that of my late
husband, David R. Sasseen, and I request that Samuel Brooks of Dumplin, my late
husband’s life-long friend, attend to, and superintend the erection of said
cover or house, my said executor topay for the same out of monies coming into
his hands as my said executor.
WILL OF MARY ANN
SASSEEN, DECD. CONTINUED.
FOURTH, I
will, devise and bequeath unto my beloved nephew S. W. Douglass, all my
property of whatever nature and kind that may remain after the provisions
contained int he forgoing clauses of my will, are carried into effect.
FIFTH, I
will and direct that S. W. Douglass be and act as the executor of this my last
will and testament, and I futher direct that he be not required to give bond as
such executor.
This December 13” 1910.
Witness to
signiture,
her
H. M.
Rankin.
MARY ANN X SASSEEN.
mark
Signed in our presence this Dec. 13” 1910 and we
witnessed the same at the request of the testatrix, and in her presence, and in
the presence of each other.
Ada D. Douglass
(Subscribing witnesses)
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Joseph H. Douglass
Probated by the
A. T. MARSHALL CLERK.
WILL OF R. O. SNAPP,
DECD.
I R.O. Snapp now a resident of Sevier Co. Tenn. I do
make and publish this my first and last will.
I,st. I will to my beloved wife Rhoda all my
possession both real and personal property during her life time.
2,nd. It is my will that Worley has full
controll and management of my possession during my wife’s Rhoda’s life time.
3,rd. It is my will after the death of my wife
Rhoda that my son F.W. Snapp has all of my possession both real and personal
property In order that he pays each hier the sum of twenty five dollars each,
which is Jimmey, Kate, John, Vick, July, Debby, Blanch, George, and Ralph
Snapp.
his
Signed R.O. X Snapp
mark.
(L. D. Robertson.)
Attest,
(J.M. Sims)
Probated by the
A. T. Marshall, Clerk.
WILL OF JOHN E.
GRIFFEY DECD.
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I John E. Griffey of Sevier County Tenn. being of
sound mind and momory and reallizing the frailties of life and the certainties
of death do hereby make and publish this my last will and testement hereby revoking
all former wills and testaments made by me at any time.
Ist. My will is that all my just debts including
my funeral expences shall be paid at my decease out of my personal estate.
IInd. I will that all my personal property except the
following-(two horses, two cows, one two horse wagon, one buggy, one turning
plow, one double plow, one single plow, and one brood sow, and the house hold
and kitchen furniture, belonging to me and a years support for my wife and the
children that may remain at home with her after my Decd.)
Shall be sold at public sale to the highest bidder and
the proceeds from said sale shall be placed in the bank to the credit of my
wife Martha V. Griffey the interest of which may be applied to her use and
benifet for the support of her and her children that may remain at home with
her.
3rd. My will is that if any of the
children remain at home at her Decd. shall have one bed, bed stead, and
necesary bed cloths to keep the same comfortable.
WILL OF JOHN E.
GRIFFEY DECD. CONTINUED.
IV.th I bequeath to my daughter Sallie C.
Griffey the sum of two hundred dollars for her servicesrendered in caring for
me during my declining years.
V.th. I bequeath to my son George W. Griffey the
sum of fifty dollars to make him equeal to my other sons who received a like
ammount from me on thier reaching the age of 21 Yrs. and I am also indebted to
the said George W. Griffey in the sum of one hundred and fifty dollars all of
which is to be paid out of my estate at my Decd. except sooner paid by me.
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VI.th. My will is that my wife Martha V. Griffey
shall have controll of my real estate during the term of her natural life for
the support of her and the children remaining at home with her and my disire is
that my son George W. Griffey shall cultivate said land during the life of my
wife if he so desires but should he not desire to cultivate said land then my
wife shall rent the same to the best adventage.
VII.th. My will is futher that on the Decd. of
my wife Martha V. Griffey my Executors herein after named shall sell at public
sale to the highest bidder any personal property that may remain in her hands
togeather with all real estate remaining in my hands at my Decd. and execute a
WILL OF JOHN E.
GRIFFEY DECD. CONTINUED.
deed to the purchaser for the same and the proceeds of
said sale to be applied as herein after set forth.
IX.th. My will is futher that all moneys derived
from said sale togeather with all moneys belonging to my estate shall be
applied as follows, To my son Joseph A. Griffey, my daughter Sallie C. Griffey,
my son James W. Griffey, my son Samual A. G. Griffey, my son Thomas J. Griffey,
my daughter Annie Huffaker, my daughter Martha V. Griffey, and my son George W.
Griffey in equal ammounts yet however some of the above named hiers are
indebted to me and I am security for some of them on notes, now any ammounts
due my estate from them or any ammounts that I shall have to pay for them shall
be taken out of thier share of the estate, or in other words they shall pay all
sums due the estate before they shall share in the said distribution.
X.th. My daughter Elizabeth Arwood is not
mentioned int he above distribution from the fact that she has already received
her share from my estate in the lands transfered to her by me.
XI.th. I hereby appoint my son George W. Griffey
and Joseph A. Griffey as executors of this my last will and testement and if
said executors can not agree or satisfactorly settle said estate then they
shall have the
WILL OF JOHN E.
GRIFFEY DECD. CONTINUED.
power and are hereby directed to employ a good lawyer
to assist in the settlement of said estate.
his
This 4” day of May
1910.
John E. X Griffey.
mark.
Signed sealed and delivered in the presence of, 4” day
of May 1910.
S. P. UNDERWOOD.
W. S. UNDERWOOD.
H. G. UNDERWOOD.
Probated by the
A.T. MARSHALL, Clk.
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WILL OF JOHN E.
CRESWELL.
I John E. Creswell of Sevier County Tennessee being of
sound mind and disposing memory do make and publish this my last will and
testament, hereby revoking and making void all other wills by me at any time
heretofore made.
FIRST. I will and direct that after my death all
my just debts and funeral expenses be paid as soon as practicable.
SECOND. I will and bequeath to my wife Rebecca
Creswell all of my personal property of every kind and discription to use and
dispose of as she may deem best and proper. Of the personal property I
hereby except the organ and I will it to my neice Anna Creswell, she to have it
when she marries, or at the death of myself and wife.
THIRD. I will and bequeath to my wife Rebecca
Creswell all of the real estate that I own to have and to hold and use for her
support and maintainance during her natural life and at her death in
consideration of services and kindnesses rendered to me and my wife by my
youngest brother George B. Creswell and his famley I will and bequeath all of
the said real estate to the said George B. Creswell.
WILL OF JOHN E.
CRESWELL. CONTINUED.
There is a note out standing against me on which there
is now due about $500 to C. C. Trundle if this note is not paid before my
death, it is my will and I direct that my
brother George B. Creswell shall pay said note or any
balance that may be due thereon at my death.
FOURTH. It is my will and I direct that there
shall be tomb stones or monuments placed at the graves of myself and wife to
cost not less than $20 each and if not other wise provided for the said George
B. Creswell shall pay for same and have them put up at our graves.
FIFTH. I hereby nominate and appoint John S.
Ballard as my Executor to carry out this my last will and testament. In
witness whereof I hereto set my hand and seal on the 5” day of December 1908.
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John E. Creswell.
The foregoing will was signed by the testator in our
presence and he requested us to sign same as witnesses, and we signed same in his
presence and in the presence of each other on the 5” day of December 1908.
John H. Ray.
A. T. Marshall.
WILL OF ASA. EMERT.
DECEASED.
SEVIER
This the 25” day of November
1910.
her
Asa. x Emert.
mark
Probated March 6” 1911, by order of the Court, Book
No. 2 Page 396.
A.T. Marshall. Clerk.
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WILL OF CALDONA.
GOFORTH.
State of
I Dona. Goforth, knowing the uncertainty of
life, and the certainty of death, do this day make my will as follows; I want
Ivy. Goforth to have my land at my death, and Ivy can do as she wishes with it.
Caldona. Goforth.
Witnesses
J.
AKyker. This March 31” 1911.
JOE. Byous.
Mary Byous.
Probated on the 13” day of May 1911, by the County
Court of Sevier County Tennessee, by order on Book No, 2 on page 449.
A.T. Marshall, Clerk.
WILL OF P.H. TOOMEY.
Sevierville
If I. P.H. Toomey, Should pass out of this
life, the following is my first and last will, I give or direct all my personal
property to be sold, and after funeral expenses and debts are paid, the
remainder to be divided equally between my two daughters, Maudie. Toomey and
Georgie. Toomey.
I direct that they share equally in my
land. But land not to be sold nor divided until they become of age.
I want the land rented and the rents divided equally
between them, to provide for their living. If any remainder it to be
divided equally between them when they become of age
I further direct that J. C. Denton, be and is
Executor, of this Will. Signed in the presence of us and each other.
his
P.H. x Toomey.
mark
Attest J.W. Parrott.
Witness, J.L. Yarbery
J. D. Clinton.
Probated on the 9” day of June 1911. by the
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WILL OF JOSHUA ATCHELY
I Joshua Atchley of Powder
Springs Sevier County State of Tennessee do make and publish this my last will
and testement revoking any and all wills by me heretofore made. I direct
that all my debts be paid by my executor as soon after my death as is
convieniently.
WILL OF JOSHUA ATCHLEY.
CONTINUED.
I direct that my wife Emily
Atchley shall have my real estate that I now own, her life time and at her
death to be sold and the proceeds be divided as follows:- To my son
Samuel H. Atchley one hundred dollars and to my son Noah C. Atchley one hundred
dollars and to my son Plesant M. Atchley one hundred dollars and to my son
Thomas E. Atchley one hundred dollars and to my daughter Nancy Ellen Newman one
hundred and fifty dollars and to my daughter Julia Ann Maples one hundred
dollars and to my daughter Minnie F. Harely one hundred dollars and that my daughter
Lydia C. Lindsey has got all that I inted her to have and that my dauther Mary
E. Lindsey is now dead and I dont bequeath her hiers anything and my daughter
Roda Atchley I dont bequeath to her anything and I sold and transfered to my
sons Plesant M. Atchley and Thomas E. Atchley one farm known as my home farm,
for the sum of two thousand dollars which has been distributed as follows:- To
my son Samual H. Atchley three hundred and fifty dollars and to my son Noah C.
Atchley three hundred and fifty dollars and to my son Plesant M. Atchely three
hundred dollars and to my son Thomas E. Atchley three hundred dollars and
to my daughter Julia Ann Maples three hundred dollers and to my daughter Minnie
F. Hardy two hundred dollars.
WILL OF JOSHUA ATCHLEY.
CONTINUED.
I direct that my executor
collect all debts due me and pay all just debts that I owe.
I appoint my son Plesant M.
Atchley to be the executor of this will. This 13” day
of May 1911. JOSHUA ATCHLEY.
The foregoing will was signed
by the testator in our presence and we attested the same in his presence and at
his request.
A. A. OWNBY.
This May 13”
1911.
J.T.M. CONNATSER.
Probated June 27” 1911 by
order of
A.T. Marshall, Clk.
WILL OF MARGARET C.
THOMAS
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State of
First, One half of the farm I now live on belongs to
me, the other half to my husband Jas. A. Thomas, This farm contains about 80
acres, and is a part of the farm owned by my father Wilson Duggan, and willed
by him to me and others, one share of the old farm was set apart to me, in my
own name, after my marrage; and afterwards my husband caused me to deed to him
one half of my share, but he did not pay me any thing for it.
We afterwards sold that
tract, and bought the one we now live on. The deed was made to me and my
husband by agreement, he to have one half, and I to have one half, as my
separate property, and my one half of said tract of 80 acres. I give, bequeath
and devise to my brother W.L. Duggan and his wife H. R. Duggan forever, but if
my husband survives me I want him to have the use and benifet of my part of the
land as long as he lives on it, and if he should move from it, or want to sell
it out, then my devisees above named are to come into possession.
Second:- I give and bequeath my personal
property as named below; Ist, I give and bequeath to W.L. Duggan and H.R.
WILL OF MARGARET C.
THOMAS. CONTINUED.
Duggan two hundred dollars, cash on deposit in the
Bank Of Sevierville, one note for two hundred dollars W.L. Duggan and H.R.
Duggan; and one cow named “Bossie”.
2nd. I give and bequeath to Mamie
Thomas Cokesh of
Third. I appoint my brother W.L. Duggan to be
the Executor of this my last will and testament. MARGARET C.
THOMAS
Done this 10” day of Sept. 1910. Signed and
declaired by Mrs. Margaret C. Thomas in our presence to be her last will and
testament and she called us to be witnesses to the same. This Sept. 10”
1910. JOE
WILLIAMS.
QUEENIE WILLIAMS.
Probated July 5”
1911
A.T. Marshall Clk.
WILL OF JAMES. CANUPP.
DECEASED.
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Last will and testament of James Canup.
I James Canup of
I give bequeath and devise my property and estate as
follows.
Ist. I give and bequeath to my wife Sallie Canup
all my personal property consisting of a stock of goods to sell and dispose of
for cash or good notes on responsible parties to be paid within the space of
six months, or twelve months if necessary, and the proceeds applied to the
payment of my debts, and such farming tools as is not needed, viz:-two turning
plows, one cider mill and any other articles as are not needed for use and
cultivation of the farm.
2d, I give and devise to my said wife for and during
the term of her natural life or widowhood all the lands of which I may die
siezed and possed the consisting of a farm consisting of a farm of 265 acres at
East fork, on which I now reside lying in 3d district of Sevier County and
bounded by Holtsinger, Bogart Howard and Dugan, also a tract of 2 hundred acres
in the first district of said county being a tract of the Emert and the Clark
lands, also
WILL OF JAMES CANUPP.
CONTINUED.
a tract of 17 1/2 acres in said first district at the
ford of Dunns Creek adjoining the lands of Swagerty and W.F. Miller, also a
tract of 600 acres mainley of timber land in the 17th. district of
Sevier county on the waters of Webbs creek.
3d. Desiring to make provisions for the prompt
payment of the balance of the notes not yet due against my farm at East fork
and interest thereon as they become due and to provide and insure a home and
support for my wife and minor children not now married, I give my said wife the
right and power to dispose of all of the above mountain lands in first and 17th.
districts, except what has not allready been disposed of, and to pay off the
five notes of five hundred dollers each with accrued interest as specified on
face of said notes and any other debts I may owe and I direct that my wife sell
the above lands dyrect without reserving timer, barks or anything.
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4. I give and bequeath the following amounts or legcies
to my daughter Lowiza Shults wife of Rusell Shults ten dollars, to my daughter
M.F. Baxter wife of Presten Baxter ten dollars, to my grand daughter Della
Canup daughter of Oscar Canup deceased ten dollars, to my daughter Nory Branum
wife of R.A. Branum ten dollars, to my daughter
WILL OF JAMES CANUPP.
CONTINUED.
Mauda Fowler wife of Dan Fowler ten dollars, to my
daughter Daisy Howard wife of C.B. Howard ten dollars and to my daughter Lawra
Howard wife of Arthur Howard ten dollars, and ten dollars each to the six minor
children now living, these bequests to be paid out of any money on hands after
all the debts against my estate are paid.
5th. I direct that after my farm at East
fork has been fully paid for and the ten dollar Bequests in item 4th.
and all other debts against my estate, then what may be over of the proceeds of
the mountain lands, I direct that it be paid over to my minor children on thier
arrival at the age 21 years, unless their being in needy circumstances demands
its payment to them sooner.
6. At the death of my said wife or if she should
remarry then the peoperty herein devised or bequeathed to her or so much
thereof as shall remain unexpended and particularly the farm at East fork and
unconditionaly said farm shall go to and I hereby give and devise the same to
my son James Canup Jr. who shall come into controll and possession of the same
at the death of my wife, but not before my yongest child Addie is twenty one
years of age, nor not before he is twenty one years of age and I require my son
James Canup Jr. to pay when coming into possession of said farm fifty
WILL OF JAMES CANUPP.
CONTINUED.
dollars each to all my other children as above named
except Daisa Howard, wife of C.B. Howard and to her only five dollars and Delia
Canup daughter of Ocar Canup twenty five dollars.
if said James Canup Jr. should die before coming into
possession of said farm, or if he should fail or refuse to comply with these
conditions and requirments above set out, then said farm shall be sold to the
highest bidder and the proceeds divided as above specified.
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7th. The personal and real property
herein before willed to my wife shall be in liew of her dower in my estate.
8th. In the event my wife should die before
the debts on my land are fully paid or before my son James Canup Jr. becomes
twenty one years old I direct that the Executor herein appointed to assist my
wife in carrying out the provisions of this will shall proceed alone to do the
busness and in case of his death before my said son is twenty one years old, it
is my desire that the court appoint a suitable and reponsible person as
administrator with the will annext to carry out its provissions.
9th. It is my desire and I direct
after paying the land notes mentioned and before any general distribution of
money shall be made amongest my children, my minor children
WILL OF JAMES CANUPP.
CONTINUED.
viz: Myitle, Lindy May Margret, James, Zelmer, and
Addie, shall each be given the sum of forty dollers to help prepare them for
keeping house as I have heretofore provided in this respect for my other
children.
10th. I direct that in case my wife
and the Executor herein after named if they find they can make an advantageous
sale of the mountain lands or shall sell the same with notes on one two &
three years time and I direct that the executor of this my last will and
testament that he sell my saw mill-engine and fixtures belonging thereto
receiving as much as two hundred dollars cash in hand paid, or notes to that
amount with good personal security, on six & 12 months time, the remainder
to be divided in 3 installments to run five years from date of sale with good
personal security.
11th. I direct that the proceeds of
my farm at East fork Tenn. after my said debts are paid over what may be
neccessary to pay taxes and support my minor children who are unmarried if
there shall be any proceeds left shall be divided among my minor unmarried
childred, this provision is to apply in case of the death of my wife to be
effective after her death but not before.
12th. And I also direct that one
three hundred dollar note on Ball & Costner due Dec 24 1911 and one five
hundred
WILL OF JAMES CANUPP
CONTINUED.
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dollar note on Balls & Costner due Dec 24 1912 and
two hundred dollar note on S.W. Ramsey due 1913 Nov., one note on Joe Williams
for $37.50 and four hundred dollars in Sevierville Bank the same to be
collected and applied to my debts togeather with my store accounts.
13. And I hereby appoint my wife Sallie Canup to
be the Executrix of this my last will and testament and desire that she shall
not be required to give security for the performanc of her duties and I also
appoint William M. Dixon to be an executor of this my last will and testament,
to aid my wife in the preformance of her duties and carrying out the provisions
of this will and testament, in witness whereof I hereunto set my hand to this
my last will and testament on this the 23 day of May 1911.
James Canup.
Signed in our presence on above date by the testator.
attests.
S.M. Rolen.
C.I. Walker.
Codicil. I James Canup having heretofore made
and published my last will and testament on this 23 day of May 1911 do now make
and declare this to be a codicil to viz: I hereby give my son James Canup Jr.
the privilage of paying of the heirs that whose names appear in the above will
of
WILL OF JAMES CANUPP
CONTINUED.
mine, I direct that he James Canup Jr. be allowed to
pay said heirs off in installments of one hundred dollars per annum after he
becomes in possesion of said land.
This May the 23 day of May 1911.
James Canup
Signed in our presents this 23 day of May 1911.
Attest.
S. M. Rolen.
C. I. Walker.
Probated by the
WILL OF J.P. PLEMONS.
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I J.P. Plemons, of Sevier
County Tenn. being of sound mind and memory, but in feeble health, and wishing
to provide for the disposal of my property after my death, in the way and manner
desired by me, do make and publish this my last will and testament, in the
manner and form following, to wit:-
First, I give devise and bequeath to my son M.L.
Plemmons, all of my land, consisting od two tracts, siuated in the fourth
district of Sevier County Tenn., the first tract containing eighteen acres
which I purchased from Albert Allen, and known as the Myers tract and the
second tract, which is part of the D.C. Maples land containing 45 acres more or
less.
The foregoing device is made
with the condition, that my said son, M.L. Plemmons, shall take care of, and
provide for me while I may live, and that he shall also take care of, and
provide for my wife Delia Plemmons so long as she may live, my said wife to
have her home on said land during her natural life.
Second, My said son, M.L. Plemmons, will pay my
funeral expenses and the funeral expences of my said wife, and after the death
of my wife he shall pay my sons, R.
WILL OF J.P. PLEMONS.
CONTINUED.
APLemmons and W.W. Plemmons and the children of my
deceased daughter, V.T. Morrow one dollar each.
In witness whereof I have
here unto set my hand, this 13 day of Feb. 1911.
x, his mark.
J. P. Plemmons.
Signed by the testator in the
presence of each of us, and declared by him to be his last will and
testament. Witness our hands, this 13 day of Feb. 1911,
J.J. Sims.
F. W. Snapp.
Probated Nov. 9 1911, A. T. Marshall clerk.
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WILL OF J.M. HARDIN.
I, James M. Hardin of
1st. It is my will that, at the time
of my death, my son William D. Hardin shall have my one half undivided interest
in what is known as the James Davis or Ben J. Clark farm, lying in the 7th.
district of
WILL OF J.M. HARIN.
CONTINUED.
2nd. It is my will, that at my death,
my daughter Docie Runyan and her husband Robert M. Runyan shall have jointly
and equally half and half, my undivided one half interest in what is known as
the A.A. Runyan farm, lying in the 5th. district of Sevier County
3rd. It is my will that at my death
my home place, known as the McMahan and Murphy lands lying in the 5th.
district of Sevier County Tenn, just out side of Sevierville, adjoining lands
of Bryan, Howard, Thomas, Christopher and others, containing 250 acres more or
less, shall be divided equaly between my two children, to wit:- William D.
Hardin and Docia Runyan and if they cannot agree upon such division, I direct
that each of my children pick one man each, and these two men selected shall
select another man, and these three men thus selected, shall make as fair and
equitable a division between my said two children as they can make, giving to
each one, one half of said farm.
WILL OF J.M. HARDIN.
CONTINUED.
4th. It is my will that, at my death
my stock of $1000 in the Sevier County Bank, shall be given to my daughter Docia
Runyan and her huaband Robert M. Runyan jointlly and equaly, half and half.
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5th. It is my will that, at my death,
all of my live stock, farm machinery and what ever kind of personal property I
shal own, shall be sold and the proceeds of same shall be applied to the
payment of my just debts, and if there shall remain any personal property after
payment of my just debts the same shall be divided equally between my above
mentioned two children, but in the event that my personal property shall be
insufficient to pay my just debts I direct that my said two children pay the
remainder equally.
6th. I have made in the foregoing
will as just and equitable dispoistion of my property as I can possibly make,
and have endeavered to make my two children equal in same, and I hereby direct
that if either of them shall become dissatisfied with same, and resort to law
over my property, the oneso resorting to a law suit shall be disinherited, and
the whole of my estate above mentioned shall be given to the other one of my
children.
WILL OF J.M. HARDIN.
CONTINUED.
7th. I hereby appoint and designate
William D. Hardin and Robert M. Runyan as executors of this my last will and
testament.
This Augest 30 1909,
J. M. Hardin.
The undersigned witnesses hereby attest the signing of
the above will by the testator having been called by the testator to witness
same, and we in the presence of each other saw the testator executs same, and
also subscribed our names as witnesses in the presence of each other. Aug, 30
1909.
R. D. Marshall.
J. S. Ballard.
Probated Nov. 10 1911 by the County Court of Sevier
Vounty
A.T. Marshall clerk.
WILL OF W.H. DRAKE.
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I W.H. Drake of
I give, divise and bequeath
unto my beloved wife Maggie Drake all my property, real and personal, and mixed
of every nature and kind, and where-so-ever the same shall be at the time of my
death, to have and to hold so long as she lives or remains my widow, and at her
death or when she ceases to be my widow, I want hers and my children to have
what there is, if they are living, other wise I want my first set of children
to have what there is, I give my wife Maggie Drake the power to sell, transfer
and convey any thing that I may have at my death both real and personal.
Signed and sealed this the 9
day of Aug. 1909
W.H. Drake,
Signed and sealed in the presence of W.M. Davis,
Ed G. Pickle. as witnesses.
We the undersigned certify we
saw W.H. Drake erase a small portion of the face of this paper when in his
right and legal mind. Witnesses. C.C. Dugan
W. A. Drake
Probated Nov. 28 1911 by the
A. T. Marshall clerk.
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WILL OF
I, Frances. E. Kennedy, being
of sound mind and memory, and realizing the frailties of life, and the
certanties of death, and being desirous of disposing of my estate during my
natural life, do hereby ordain and declare this to be my last will and
testament, hereby revoking all former wills made by me at any time or for any
purpose.
1,st, My will is, that all
my just debts, including my funeral expenses be paid out of the estate of which
I may die seized and possessed.