Will Book #2

Sevier County Tennessee 

Note: Original page numbers are in the left margins.


246

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.

                                  S.A. SIMS

                                  J.R. HUFFAKER.

Probated Sept. 9” 1910 in the County Court of Sevier County Tenn. on Minute Book #2. page 246,

                                  A.T. MARSHALL. CLERK.

WILL OF D. T. DAVIS. DECEASED.

I, D.T. DAVIS, a citizen of Pigeon Forge Sevier County Tenn. of sound mind and memory but feeble health do make and publish this my last will and testament.

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. E. Davis.

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 County Court of Sevier County by order of said Court entered on Minute Book #2 on page 314

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 County Court of Sevier County by order on Minute Book No. “2 page 326.

                                  A. T. Marshall Clerk.


WILL OF Mrs. JANE LYONS. DECEASED.

251

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 Birmingham Ala.

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 County Court of Sevier County on the 26” day of Nov. 1910 by decree of said court entered of record on Minute Book No. #2 page 320.

                                  A. T. Marshall, Clerk.


WILL OF J.H. RUNYAN DECD.

253

I J. H. Runyan of Sevier County Tenn. do hereby make and publish this my last will and testement revoking and annulling all others heretofore by me at anytime made.

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 Tenn. on December 27” 1910 by order entered on Minute book #2 Page 347.

                                  A. T. Marshall, Clerk.


WILL OF MARY ANN SASSEEN, DECD.

254

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)

255

                                      Joseph H. Douglass

Probated by the County Court of Sevier County on the 27” day of December 1910 by order and decree of said Court entered of record in Minute Book #2 Page 346.

                                  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 County Court of Sevier County on Jan. 9” 1911 by order entered of record in Minute Book, #2 Page, 361.

                             A. T. Marshall, Clerk.


WILL OF JOHN E. GRIFFEY DECD.

256

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.

257

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 County Court of Sevier County on the 6” day of Feb. 1911, by order of the County Court, entered on Minute Book. #2 page _____.

                                  A.T. MARSHALL, Clk.


258

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 COUNTY TENNESSEE.  I Asa. Emert of Sevierville SEvier County Tennessee, do make and publish this my last will and testament, hereby revoking any and all wills by me heretofore made, I direct that all the expenses of my sickness be paid by my son John. Emert, Idirect that my son John. Emert, have and take absolute all my personal property, and $100.00, one hundred note and interest that is due on T.D.W. McMahan, in which the said T.D.W. McMahan executed and signed to the said Asa. Emert, one milk cow, and all my bed clothing, and one bedstead, one rocking chair, I direct that my son John. Emert shall take possession of the above named personal property, and have and collect the above named note.

     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.


260

WILL OF CALDONA. GOFORTH.

State of Tennessee, Sevier County,

  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 Tennessee,   June 4” 1911.

  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 County Court of Sevier County.                        A.T. Marshall  Clerk.

261


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 County Court of Sevier County.

                                  A.T. Marshall, Clk.


WILL OF MARGARET C. THOMAS

262

State of Tennessee Sevier County; I Margaret C. Thomas a married women of sound mind, but in failing health, do make and publish my last will and testament as follows:-

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 Kansas City Mo. one bed. 3rd. I give and bequeath to Viola Duggan one bed.  4th.  I give and bequeath to Rhoda Howard my sewing machine.  5th.  I give and bequeath to my Niece Lama Redfearn my mothers picture.

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.

263

Last will and testament of James Canup.

I James Canup of East Fork Sevier County Tenn, being of sound mind and memmory but frail in health, hereby make and declare this to be my last will and testament.

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.

264

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.

265

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.

266

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 County Court of Sevier County on the 22 day of July 1911, by order of said Court entered on Minute Book #2 page 476.                        A. T. Marshall clerk.


WILL OF J.P. PLEMONS.

267

     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.

268

WILL OF J.M. HARDIN.

     I, James M. Hardin of Sevier County Tenn., do hereby make and publish this as my last will and testament, hereby revoking and making void any and all wills heretofore made by me.

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 Sevier County Tenn., adjoining land of McMahan on the south, David McCsoskey on the west,

WILL OF J.M. HARIN. CONTINUED.

Pigeon River on the east, and French Broad river on the north, containing 190 acres more or less.

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 Tenn., adjoining lands of M.P. Thomas on the north and West, the west fork of Pigeon River on the south, and lands of R.M. and Docie Runyan on the east, containing about one hundred and fifty acres more or less.

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.

269

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.

270

     I W.H. Drake of Sevier County and state of Tenn., being of sound mind and disposing memory do make and publish this my last will and testament.

     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 County Court of Sevoer County.

                                  A. T. Marshall clerk.

271

WILL OF FRANCES. E. KENNEDY. DECEASED.

     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.

2,nd,.  My Executor herein-after named, shall apply as much as sixty five dollars of my estate to the purpose of erecting a suitable monument over my grave after my decease.

3,d,  After paying the matters above mentioned, then all remaining money, or notes that I may have at my decease shall be distributed as follows.

4,th,  I bequeath to my nephews, Carol, and John. Kelly, each the sum of one hundred dollars each, they being the heirs of my deceased sister Nannie. K. Kelly.

5,th,  I bequeath to my nephew Roy. Huffaker the sum of one hundred dollars.

6.th, I will and bequeath to my three sisters, Mary. A. Huffaker, Malinda. Caldwell, and Willie. C. Mc.Bee, all the

WILL OF FRANCES.E. KENNEDY. DECEASED. CONTINUED.

remainder of my estate, to be divided equally among them, after one hundred dollars is first set aside for my sister Willie. C. Mc,Bee out of the notes or money that I may have at my decease.

6,th,  I further will that my sisters Mary. A. Huffaker and Willie, C. Mc.Bee shall have all my house-hold and kitchen furniture, and they may divide the same between themselves, as best suits them.

7,th,  I hereby appoint my sister Willie. C. Mc.Bee, Executrix of this my last will and testament, and she is hereby excused from making bond for winding up this estate.

Witness my hand this 29,th day of January 1912.

                                  Frances. E. Kennedy.

Signed sealed and delivered in the presence of the undersigned witnesses, and at the request of the testatrix, on the 29,th day of January 1912.       G.R. Huffaker.

                                      H.G. Underwood.

Probated on this the 11,th day of April 1912, by the County Court of Sevier County Tennessee, the order of probate is on Record No. 3, page, 22.

                                  A.T. Marshall. Clerk.


WILL OF DAVID C. WATSON.

272

     I David C. Watson, being 81 years of age and of sound mind and disposing memory de hereby make and publish this my last will and testament, hereby revoking all former wills by me at any time made: viz:  First, I direct that all my funeral expenses and just debts be paid out of my estate as soon after my death as may reasonable be done.

Second, I direct that my wife Mary (Polly) Watson shall have the use and control, rents and profits of my farm where I now live on Byrds Creek, being about eighty one acres, for and durin her natural life if she survives me.  I also direct that she shall have such of personal property as may be necessary to furnish her a reasonable support during her natural life and enough money or property to pay all her funeral expenses and to place a commom head and foot stone at her grave, to be selected by my Executors if she shall survive me.

Third, I direct that the remainder of my property, personal, mixed and real subject to the provisions herein before made for my wife shall be equally divided amoung my fourteen childdren, the children and heirs of my deceased daughter, Jane Walke shall take the part that thier mother would have take, viz: a 1/14,.  My children are as follows:  Joel Watson, John Watson, W B Watson, Sarah Ownby, Andy

WILL OF DAVID C. WATSON. CONTINUED.

273

Watson, A L Watson, And Jane Walker now deceased, and D B Watson, G W Watson, S S Watson, R G Watson, Susie Paine, Mary Knight, and Rachel Townsend, each of whom shall have 1./.14, part of my estate, the said heirs of Jane Walker deceased shall heve her 1./.14, part, but as some of my said children above named by me have sold and conveyed in writing thier expectancy interest in my estate, I hereby direct and desire that the respective interests of such of my said children as have heretofore sold and conveyed thier said expectancy interest in my estate, in writing and the respective interest of such of my said children as may hereafter sell and convey thier expectancy in writing shall go to and be received by the person or persons to whom conveyed instead of being received by my said child having so sold his or her expectancy in my estate, and my Executors are directed to pay over to such purchaser or purchasers such respective shares so conveyed in expectancy.

Fourth, I hereby nominate and appoint my sons John Watson and S S Watson as my Executors with full power and authority to execute and carry into effect this will.  The said John Watson and S S Watson are hereby inpowered, authorized and directed to sell any and all of my property,

WILL OF DAVID C WATSON. CONTINUED.

including my farm of Byrds Creek, where I now live in the 13th Dist. of Sevier County Tenn., which land is adjoined by lands of A M Paine, Nancy McMahan, G M Townsend, J C Porter, J A Branson, and others, being about 81 acres, on such terms and in such manner as my Executors may deem best, and they are hereby impowered and directed to make, execute, acknowledge, and deliver to the purchaser good and sufficient deed passing the title to such land to the purchaser.  In case my said Executors, either or both shall, for any reason fail to execute this will, then I authorize the person executing same as Administrator ore otherwise to do all things which I have directed and authorized my Executors to do, one of my said Executors may execute this will if the other for any reason fail to act.

This Augest 9, 1907.

                                           his

                                      David C Watson.

                                           mark

     Signed by the testator David C Watson in our presence and we sign same as witnesses in his presence and at his request and in the presence of each other.

This Augest 9, 1907.                  J F Hale

                                      A W McCarter

                                      O L Montgomery

WILL OF DAVID CO WATSON CONTINUED.

     Probated by the County Court of Sevier County on the 1st day of July 1912, see Minute Book #3, page 52.

                                      A T MArshall Clerk.

274


WILL OF MATHEW BALL.

     Know all persons by these presents, Greeting: That I Mathew Ball do hereby make and publish this as my last will and testament, making void all other wills by me at any other time made

First, I will that my funeral and burrial expenses be first paid sfter my death out of any property I may die possessed of

Second, I will that my debts be next paid of satisfaction be made with my creditors.

Third, I will that Mary Ball have full possession and controll over the farm as long as she remains my widow in lue of a dower, and at her death or marriage, if she marries, then I will that the farm be equally divided between my two sons Robert Ball and Pink Ball, them selecting one man apiece to devide and if they can not agree how it shall be devided them to sollect a third man, and that tickets be arranged by the Sheriff and Robert and

WILL OF MATHEW BALL. CONTINUED.

Pink draw for thier parts, Pink getting the firs draw, but if they can agree in the devide of the land the above plan is to be void.

Fourth, I will that Robert Ball pay Laura Spurgeon and Dicie Howard $50.00 each, as thier part in said land, and that Pink Ball pay Callie Loveday and Demmie Loveday $50.00 each, as thier part in said land, to be paid in three payments, $15.00 to be paid each one each year after the boys get possession of said land for two years, and then $20.00 each the third year which will be the last payment with no intrest from time Robert and Pink Ball gets possession of said Land, and if said amounts is not paid to the girls as stated when the last payment is due, or satisfaction made with them, then said land is to be sold at public sale on six months time to the highest bidder and remainder of said amounts, paid, and if any money is left after payments made then the remainder is to be paid back to Robert Ball and Pink Ball or thier Heirs.

Fifth, If said Robert Ball or Pink Ball is dead at the date or time Mary Ball death or marriage then the one that is living is to have the farm and pay the Heirs of the deceased $50.00 on same plan as the others, to be equally divided the heirs, or if both Robert and Pink Ball is dead

WILL OF MATHEW BALL CONTINUED.

275

at the time of Mary Balls deadt, then the farm is to be sold for cash in hand and equally divided among the heirs, and thier heirs, if any of the heirs is dead.

Sixth, I will that if Laura Spurgeon, Callie Loveday, Robert Ball, Dicie Howard, Demmie Loveday, Pink Ball, shall be dead, one or more of them when thier part of the money is paid, that it be deposited in a bank to be paid out to thier children as they become fifteen years of age.

Seventh, I also will that Mary Ball have full controll of any and all stock or property I may die possessed of, and at her death or marriage all stock and property out doors and belonging to farm is to be sold at public sale for cash on six months time and equally divided between the children as above stated, after Mary Balls funeral and burrial expenses are paid, provided she dies my widow, also I will the monuments or tomb stones be erected at my grave, and also at Mary Balls grave, provided she dies my widow, soon after my death.

Eighth.  I will htat after my death that Mary Ball make some deal or arrangements for Pink Ball to be paid $25.00 or given a colt or some-thing else that will eqal $25.00 as soon as she can make arrangements to do so.

WILL OF MATHEW BALL CONTINUED.

Ninth.  I also will that Pink Ball get my book case at the death of Mary ball, also that my books be equally divided among the children, and should there be any mineral found and operated on my farm or on the Amasa Connatser Byrds Creek farm, the Children mentioned in this will is to share eqal in profits of same.

Tenth. I wil that if Robert Ball or Pink Ball take a notion or decides to sell thier part of the farm, that they sell to same one of the other children who will give them the most for it or to any one of them they wish to sell to, or sold at public sale to the highest bidder.

     I hereby appoint C I WAlker as Executor of this my last will and testament on this the 24 day of June, in the year of our Lord one thousand nine hundred and eleven.

                                  Mathew Ball (seal)

     Signed in our presence at the request of the testator on the date above written.

Witness George Blalock Sevierville Tenn. R F D #10.

276

Witness Dorman Hurst Sevierville Tenn R F D #8.

     Be it known to all men by these presence, that I the said Mathew Ball of Sevierville Tenn. R F D #10, the 24th day of Jun 1911, gentlemen: I have made and delivered this my last will and testament bearing date of Oct 23, 1911,

WILL OF MATHEW BALL CONTINUED.

and the said Mathew Ball by this Codicil do ratify and confirm my said last will and testament and do hereby change so much of the same as provides for the giving of my son Pink Ball one Colt or $20.00 in cash and that portion of my said will and Testament is here by revoked and annulled.

                                      M. Ball.

Attest    George Blalock Sevierville Tenn. R F D #10

Attest    Dorman Hurst Sevierville Tenn R F D #8

Probated by the County Court of Sevier County tenn on July 26 1912, see record #3, page 60.

                                  A T Marshall Clerk.

277


WILL OF ROADMAN. C. LOWE.

STATE OF TENNESSEE) I, Roadman. c. lowe, of Sevier County

SEVIER COUNTY.)    Tennessee, do 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 my moneys that I may die possessed of, or may first come into the hands of my Executor.

WILL OF ROADMAN, C. LOWE. CONTINUED.

SECOND.  I want Mattie Lowe my wife to have control my farm so long as she remains my widow, at her death or remarriage, I want the farm sold and divided equally among my bodily heirs namely, Robert Lowe,s (heirs) Mary Smith, F.P. Lowe, J.M. Lowe, Lydia Finchum, Martha Holt, Nancy Finchum, Ellen Eledge, and Malisa Eledge’s heirs.

THIRD.  I have notes as follows, $152.50) One hundred fifty two & 50/.100, Dollars in the Bank of Sevierville, one note on L.W. Howard for $100.00.) one hundred dollars.

FOURTH.  I have 605.00 (six hundred and five) in cash I want these notes collected and all this money divided equally amont the above named (heirs).

5.  My house-hold and kitchen furniture.  I want my wife Mattie Lowe to have what household goods she brought here when we were married, and what she has made since our marriage.

6.  I give her one chest made of pine lumber, one cloths press also, I also give my wife the milk cow.

7.  I give Effa Maples one Walnut Chest also what quilts her mother left her.

8.  All other house and kitchen furniture not mentioned above to be sold and divided equally among my bodily heirs heretofore mentioned.

9.  Lastly I do hereby nominate and appoint C I Walker my Executor In witness whereof I do this my will set my hand this 4th day of Sept. 1912,.

                                  Roadman C Lowe.

Signed and published in the presence, and we have subscribed our names hereto in the presence of the testator this Sept. 4 1912,.

                                  W C BOgart.

                                  L N Bogart

Probated in the County Court of Sevier County Tenn. Sept 16. 1912 M. book #3, page 97.

                                  A T Marshall Clerk.

278


WILL OF R.C. ROBERTSON. DECEASED.

I, Robert. C. Robertson of the county of Sevier and State of Tennessee being of sound mind and memory, do make and publish this my last will and testament in manner and form, following,: That is to say:

FIRST:  It is my will that my funeral expenses, with all my just debts be fully paid.

Second:  I give devise, and bequeath to my wife Mary. J. Robertson the home tract of land on which we now live, also the tract of land known as the Newt Layman land, lying just below the Forge, and all the stock and farming utensils that belong to me, to use and dispose of as she may see proper.  Also a certain tract of land lying at the mouth of Turkey and adjoining the lands now owned by Cole and Stinnett.

WILL OF R.C. ROBERTSON. DECEASED. CONTINUED.

     My wife Mary. J. Robertson shall have the right to sell or have sold and use the money as she thinks best.  The two first tracts of land are not to be disposed of as long as she lives.

     It is my will that she shall have controll of all notes, accounts, money, or any thing of the kind I may have in my possession, That is to say, she shall have and controll all I now possess.

THIRD:  It is my will that Samuel Robertson, my third son stay on the farm and cultivate it so long as it is agreeable, and he shall have whatever amount of rents out of the proceeds as they may agree upon from year to year.

FOURTH:  After the death of my wife M.J. Robertson, I will that all my land and personal property be sold to the highest bidder, and money equally divided among my seven children.

I appoint John W Robertson and Benjamin. R. Robertsn as Executors of this my last will, made September 24” 1909.

                             R. C. Robertson.

Witnesses,

W. W. Perryman.

J. T. Kinder.

WILL OF R.C. ROBERTSON. DECEASED. CONTINUED.

Probated by the County Court of Sevier County, on the 19” day of October 1912, see Minute Book No. 3, page 110.

                             A. T. Marshall, Clerk.

279


WILL OF JOHN W. TUDER. DECEASED.

STATE OF TENNESSEE. SEVIER COUNTY.

Know all men by these presence, That J.W. Tuder of Sevierville, Sevier County, Tennessee, do make and publish this as my last will and testament, hereby revoking and making void any and all wills by me heretofore made.

1,st, I direct that my wife Kittie Tuder shall take absolutely all of my real estate and all that belongs to it, to wit: a certain tract or parcel of land lying in the 2,nd, District of Sevier County Tennessee, containing about 86 acres, said real estate is the land where I now own, bounded by Proffitt, Noland. Ogle, and Brown, and Price.

2,nd,  I appoint my friend Robert Brown to be Executor of this will.  This August 5,” 1912.

                                  John. W. Tuder.


WILL OF JOHN W. TUDER. DECEASED. CONTINUED.

The foregoing will was signed by the testator in our presence, and we attested the same in his presence and at his request.  This August, 5” 1912.     J.E. Russell.

                                           his

                                      J.L. X. Dockery.

                                           mark

                                      J.P. Price.

CODICIL.

I, J.W. Tuder, P.S. to this my last will, fowling, I will and bequeath to Roat Tuder Five Dollars, I will and bequeath to Landon Tuder Five Dollars, I will and bequeath to the heirs of Rebecca. Reynolds Five Dollars, I will and bequeath to my wife Kittie Tuder the following personal property to wit: my intire house-hold and kitchen furniture, including beds, and bed clothing, I also will and bequeath to her my notes, one on T.M. Noland, one on Crocket Maples, one on James Shults, one on Roat Tuder, I also will all the money that I have on hands and in the Banks of Sevierville to my wife Kittie Tuder, after all my debts and funeral expenses is paid.  I further will to my wife my buggy, one cow, one Mowing Machine and rake.  This 28” day of February 1913.

                                      his

                                  J. W. x. Tuder

                                      mark.

WILL OF JOHN W. TUDER. DECEASED. CONTINUED.

We the undersigned witnesses were present and seen the maker of the above Codicil sign his name by mark in our presence.

This 28,” day of February, 1913.      J.P. Price

                                      S.C. Plemons.

Probated in the County Court on the 10” day of March, 1913.

                                  A.T. Marshall.  Clerk.

280


WILL OF W.C. WALKER. DECEASED.

STATE OF TENNESSEE.)    I, W.C. Walker of Sevier County

SEVIER COUNTY.)         Tennessee, being of sound mind

                        and disposing memory, do make

ordain and publish, this my last will and testament, hereby revoking and making void all other wills by me at any time heretofore made, the following is my will, to wit:

FIRST.  It is my will and I direct that all my just debts and funeral expenses be paid as soon after my decease as may be praticable out of any money on hands, or may first come into the hands of my Executor.

SECOND.  I direct that after my death a suitable monument or Toomb-stones be purchased and put up at my grave, to be selected by my mother M.J. Walker and uncle A.C.F. Trotter, and to be paid for out of my estate by my Executor.

THIRD.  After the settlement of the matters mentioned in items one and two of this will, and the expenses of the

WILL OF W.C. WALKER. DECEASED. CONTINUED.

administration of my estate, I will and direct that the remainder of my estate be equally divided between my Mother, M.J. Walker, and my brothers and sisters, to wit: Mrs, Belle Caton Pearl McTeer, James I Walker, and John H. Walker,.

FOURTH.  Whatever interest that may be due me from the business of the Sevierville Hardware Co., (of which I own a one fourth interest in the notes and accounts of the old firm,) I direct that my Executor make settlements with the other members of said firm, and collect what may be due me from said old firm’s business, and apply the proceeds as herein before directed by me.

Fifth.  I hereby nominate and appoint my uncle A.C.F. Trotter Executor of this will, and request him to accept the appointment, and execute this will as directed by me herein.

In witness whereof I hereunto set my hand and seal in the presence of the subscribing witnesses, on the 30” day of April, 1913.

                                      W.C. Walker.

Signed and executed in the presence of the undersigned subscribing witnesses, on the 30,” day of April 1913, and we attested the signature of the Testator at his request, and in his presence, and in the presence of each other.

281

                                  Mabel Carl Trotter.

                                  John L. Marshall.

Probated by the County Court of Sevier County Tennesse, on the 22, nd, day of May, 1913.

                                  A.T. Marshall  Clerk.

WILL OF MARGARET BAKER.

STATE OF TENNESSEE, SEVIER COUNTY.

     Know all men by these presents, that I Margaret Baker have this day made my will and further state I am at my proper and right mind, First, I want my burying expenses all paid and Dr. bill and all of my just and honest debts all paid, if any due.  Second, I want my children to have all of my bedding, it to be equaly among them, I want the feathers to be weighed, so as to make each one be equal, and my dishes I want them to be divided equal amoung my children, I further want my clothing eqully divided between Luley, my daughter in law, and Jane Helton my daugher, and my big trunk I want Bunk to have, and my other trunk and suit case Hucey to have them, I further want my son Bunk and wife to be amply paid for all the time I have stayed

WILL OF MARGARET BAKER. CONTINUED.

282

with them, and for what time I may stay during my natural life, and if Bonk and the other children cannot agree on what he should have, I want the ones who I may have as Executors to pay to Bunk what they feel is just and right, this is to be paid to him out of what money I may have on hands at my death.  My son George I want him to be released of $5.00, he got of me, for to pay him for my trouble while with him, amd my son Bill Baker is due me twenty two dollars, I want him to pay ten dollars of that, and him be released of the remainder, and that ten dollars to be divided among them all, and in case Vergie Baker, Jacks wife dont buy tomb stones for Jack’s grave I want my children to take enough of my money and buy them at once.  Then I want the rest of my money to be divided equally between my children by dollars and cents.  I further want James Whaley and Harvey Baker to wind up my estate and make final settlement with all the children and pay all expenses above mentioned in said will.

     This Feb, 25, 1913. Witness my hand and seal.

                                      her

                             Margaret   X   Baker

                                      mark.


 

Witnesses:  J A Whaley

          her

          D C Whaley    attest, Harvey Baker.

          mark

Probated by the county court of Sevier county on June 6, 1913,

                                  A T Marshall, Clerk.

WILL OF JOHN H. BAKER DECEASED.

     I John H. Baker of Sevier County Tennessee, being of sound mind and disposing memory, do, make and publish this my last will and testement, hereby revoking and making void any and all other wills heretofore made by me.

First,  I will and direct that all of my just debts and funeral expenses be paid as soon after my decease as possiable.

     I will and bequeath to my son F H Baker, all the interst that I have in and to all the farming tools, machenery, wagon, and harness, now on the farm, I also will and bequeath to my son, said F H Baker all the house hold and kitchen furniture, including beds, furnitue, stove, chairs, and all other articles of house-hold goods in my house at my death.

WILL OF JOHN H. BAKER DECEASED. CONTINUED.

     I also will and bequeath to said son F H Baker one black mare mule named “kate”, on condition he pays a balance due M P Thomas on a note, secured by A E Fox.

     The remainder of my personal property will be sold by my Executors, and the proceeds applied as may be to the best interest of my estate, all debts that may be due me will be collected by my Execturos, and applied to payment of my debts.

Second,  I will and bequeath to my daughter Jane Helton one dollar, and to my son Jack Baker’s child one dollar.

283

Third,  It is my will and I direct that my four sons to wit:- George Baker, James L Baker, E G Baker, and William Baker, shall have the remainder of my real estate, on the following terms and conditions, to wit:  That they pay all my just debts, not otherwise provided for, and such expenses of Administration as may not be paid out of the personal estate, if my said four sons elects to do so, thay may pay off the debts and expenses herein above provided for, and divide the lands equally between themselves, or hold the same jointely as tennents in common, but should they not pay off said indebtedness, then I direct my Executors to sell same on such terms as they may think best, to the highest bidder, and out of the proceeds pay

WILL OF JOHN H BAKER CONTINUED.

the mortgages and debts against my lands, and all other just debts not otherwise provided for, and after all of my just debts have been fully paid the remainder of the proceeds of said lands will be equally divided between my said four sons, George, James L. E G, and William Baker, I have this day made and executed to my son F H Baker a deed for a part of my real estate, which deed I hereby ratify and confirm by this my last will and testement, but no part of this tract of land shall be subject to payment of my debts, unless the lands herein willed my four sons shall fail to bring enough money to pay said debts, and in such case I will and direct that my son F H Baker pay the unpaid remainder of said debts, and should he fail or refuse to do so, then enough of his lands shall be sold to pay the remainder of said debts.

     The rents from the lands for the year 1913, shall be paid to my Executors by the renters on the farm, should I die before the crops are harvisted, and my Executors shall sell same to best advantage for my estate, and aply proceeds to payment of my debts, or otherwise as herein directed.  I nominate M B McMahan and A E Fox Executors of this will.

WILL OF JOHN H BAKER DECEASED. CONTINUED.

     Signed and published by me on this 4, day of June, 1913, in the presence of the subscribing witnesses, who signed same at my request.                

                                           his

                                      John H. X. Baker

                                           mark.

The foregoing will was signed by John H Baker by making his mark thereto, in our presence, and we each signed same in the presence of the testator, and at his request, and we signed same as subscribing witnesses in each other presence, this June 4, 1913.

                                      C L BAker.

                                      David Ogle.

Probated by the County Court of Sevier County Tenn. July 7, 1913.

A. T. Marshall, Clk.
WILL OF C C TIPTON.

284

     I, C CTipton, of Sevier County State of Tennessee, being of sound mind but feeble in body, do make this my last will and testement, as follows:-

1st.  I direct that all my just debts and funeral expenses be paid.

2nd.  I divise and direct that at my death my house and lot now where I live be sold at public sale and the proceeds to be paid to my Administrators and be divided as further directed.  3rd.  I further divise and direct that at my death that all my stock, buggy, and tools, on hands be sold, and all my house hold and kitchen furniture except what my wife Nancy Tipton may want to keep for her own use, be sold and the same be divided as further directed.

4th.  I further divise and direct that each of my living children the same being W H Tipton, Hugh Tipton, George W TIpton, Thomas D Tipton, and Sam Ethel Sharp, shall have $500.00, each out of my estate, and to my Grandson Paul Tipton, son of Alonza Tipton I give $500.00 to be loaned out by his guardian and he to have the interest on the same until he is 21 years old or when he may be married, and at that age or time he is to have the principle.

5th.  I further direct that the remainedr of my estate I give to my wife Nancy Tipton during her natural life and at

WILL OF C C TIPTON. CONTINUED.

her death, what may be on hands shall be divided equally between my children and my Grandson Paul Tipton, except out of the same I direct that there shall be paid to the Trustees of Harrison Chillhowee Institute twenty five dollars, as a donation to the school.  6Th.  I hereby appoint W H Tipton and Hugh Tipton Executors of this will.

Witness my hand and seal, the 21st, day of Augest 1912.

Signes and sealed  )

                             His

in the presence of )         C-X-C Tipton,

                             Mark.

Lewis H. Burnes    )

Albert A Wade.     )

Probated 8” day of July 1913, by the county Court of Sevier County, Tennessee.

                                  A T Marshall, Clerk.

285


WILL OF W H McCOWN  (Col)

Sevierville Tennessee,

     I, W H McCown (col) a Citizen of Sevier County being in feble health and sound memory do hereby make and publish this as my last will and testement hereby revoking and making void all former wills made by me.

WILL OF W H McCOWN (Col) CONTINUED.

First,  I direct my funeral expenses by paid as soon after my death as possiable.

Second,  I direct my Executor sell my two and two thirds acres on the back side of the farm and my funeral expenses be paid out of this money.

Third,  I further direct that after my funeral expenses are paid that the remainder of the money be divided between four children John M, Hollech, Rosa, and Vola, McCown and my grand daughter Betrice Fine.

Fourth,  I further direct my household goods be sold except one bureau which belongs to Hallech McCown also one feather bed.  Also to Vola McCown (col) and bed stead and feather bed and contents of one bed.

Fifth,  I direct my farming tools to be sold and money applied to my debts as above.

Sixth,  I hereby appoint Ed Fine as my Executor with bond to carry out the provisions of this my last will and testement.

                                  W H McCown   x

Signed and sealed in out presence and in the presence of each other on this      day of May 1913.

Witness By                        J H Pate

                                  E D Fine

WILL OF W H McCOWN (Col) CONTINUED.

Probated in the County Court of Sevier County July 14, 1913.

                                  A T MArshall, Clerk.

286


WILL OF ROBERT J HODGES

I Robert J HOdges, of Sevier County Tenn, being in feble health but of sound mind and disposing memory, do hereby make and publish this my last will and testement hereby revoking any all wills or testamentory dispositions by me made at any time prior to this date.

First,  It is my will that my Executor shall as soon as procticable after my death pay all of my just debts out of any money or property which may come into his hands as such Executor.

Second,  I will and devise unto by beloved wife, Lennie Hodges, who has been a faithful and loving wife to me, both in sickness and health, my home farm where I now live, in the 9th Civil District of Sevier County Tenn., bounded on the North by lands of Ben Clark, on the East by lands of Albert Wade, and Waylands, on the South by Elijah Sharp, and on the West by A P Hodges, containing one hundred and forty four (144) acres more or less, with all the buildings

WILL OF ROBERT J HODGES. CONTINUED.

and improvements thereon.  This I will to my said wife in fee simple, to be managed and controled and disposed of as she may desire.  I also will and bequeath to my said wife Lennie Hodges all my personal estate absolutely, after first paying all my debts and expense of administering and executing this my said will, and after the payment of said debts and expenses, I direct my said Executor to turn over to my said Wife and put her in full and exclusive control of said farm and personal property.

287

Third,  I will and devise to Carl Thomas and Marion Thomas minor children of Mack Thomas and wife Jennie Thomas a small tract of land, known as the Bob Chandler tract, or a part of it in the 9th civil Dist of Sevier County Tenn, and bounded by lands of Asa Mize on the west, Elijah Sharp on the North, and East, and Dr. Bishop on the South, Containing 32 acres more or less, I raised the mother of said two boys Carl and Marion and I feel like I wanted to do something for her two Children, so I will and devise to them this tract of land to aid and assist them in thier education.  It is my will and wish that a guardian or trustee be appointed by the County Court of Sevier County for said two minors, to manage and rent said tract of land for them, and apply the proceeds of the same to the

WILL OF ROBERT J HODGES. CONTINUED.

education and maintenance of said boys until they each arrive at the age of 21, years, and when said youngest boy shall become 21 years of age, it shall then be turned over to them, to be used and diposed of as they think proper.

Fourth,  I hereby appoint and nominate my friend and neighbor James R David as my Executor, to execute and carry out the provisions of this my will.

Witness my hand and seal hereto on this the 9th day of Oct 1912,

                                  Robert J. Hodges.

We the undersigned, were specially called by Robert J HOdges to witness the foregoing instrument, which he said was his last will, and we were present and saw him sign said instrument, and we each signed the same in his presence, and in the presence of each other at his request, on the date above written.

                                  J R Dykes

                                  M P HAtcher

Probated August 4, 1913, in the County Court of Sevier County Tenn and recorded in the Record of Wills in the Clerk’s office of said Court.

                                  A T MArshall, Clerk.


288

WILL OF W E BRYAN DECEASED

STATE OF TENNESSEE, SEVIER COUNTY

     Know all men by these presents.

I make and publish this as my last will and testament,

First, I direct that my funeral expenses be paid as soon after my death as possiable by R A and T A Bryan, I bequeath to R A and T A Bryan my land as I devise and deed it to them, R A and T A Bryan are to pay all of my debts, and the amount that I bequeath to the other heirs.

I want T A Bryan to have all of my house plunder, but one bed and bureau I wand Mary Amandy Bryan the daughter of T A Bryan to have my bureau.  I want T A Bryan to have my bay mare and cow and calf, I want my black colt sold and the money divided equally between R A and T A Bryan, I want one bed divided equally between mary Drinnen, Sis Roberts and Nancy Nicholson.  I direct that Mary Drinnen, Sis Roberts, and Nancy Nicholson be paid twenty five dollars apiece by R A and T A Bryan five years from after the date of this will I direct that the heirs (Etta Tensley, Mary Tensley, Thany Tensley, Elen Tensley) of my deceased daughter Lyda Tensley be paid five dollard apiece as they arrive to the age of twenty one years.  I direct that the heirs of Eve Line Sanders and Elen Cates be paid one dollar apiece five years

WILL OF W E BRYAN DECEASED. CONTINUED.

after my death, to wit:- Will Sanders, John Sanders, Bettie Reynols, Lou Mount, Sallie Johnson and Joseph Cate.

I do hereby nominate and appoint R A Bryan as my Executor, in witness whereof I do to this my will set my hand this 28 April nineteen hundred.                   W E Bryan

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

                                      J G Bryan

                                      J E UNderwood

Probated in the County Court of Sevier County Tennessee, on the 18th day of Augest 1913, and recorded on the Record of Wills of the Clerks office of said Court.

                             A T Marshall, Clerk.


LAST WILL AND TESTAMENT OF MATILDA ROBERTS.

289

I Matilda Roberts this day execute my last will and testament I am seized and possessed of atract of land in district No. 9, County of Sevier, State of Tennessee, bounded as follows viz: North by Lewis Falconnier and Berry Burnett, South Andrew H Pitner East A.H. Pitner and Mary Pitner, West Joshua Hines, Containing by estimation one hundred and forty two acres more or less.  I bequeath the above described tract of land as follows, viz: To John H. Roberts I bequeath all of the above described tract of land lying South of the public Road leading from Sevierville to Knoxville without any consideration whatever.  I also bequeath to the said John H Roberts a second portion of the above described tract of land, bounded as follows, beginning on A.H. Pitners line west of the house where J.H. Roberts now resides, or near the public road leading from Knoxville to Sevierville, thence with said public road to Mary Pitners line, thence with Mary Pitners line a northerly direction to the mouth of a ditch coming out of said Matilda Roberts field, thence a westerly direction with said ditch a direct line to A.H. Pitners line, so as to strike the said A.H. Pitners line nine Rods South of a sasafras corner to the said A.H. Pitner and the said Matilda Roberts near a cross fence, thence with A.H.

WILL OF MATILDA ROBERTS. CONTINUED.

Pitners line a southerly direction to the public road, the beginning.  Provided the said John H. Roberts pays to Diannah. Clark One hundred dollars, if the said John H. Roberts fails to pay to the said Diannah Clark the sum of one hundred dollars, James M. Roberts is to pay to the said Diannah Clark the sum of one hundred dollars and have the land, (the last portion described,) To James M. Roberts I bequeath all the remainder of the tract of land as described in the beginning of this my last will and testament, by the said J.M. Roberts paying to U.E. murphy and P.J. Falconnier the sum of one hundred dollars each.

This I bequeath to the said J.M. Roberts, partly in consideration of one hundred and forty six dollars and thirty seven cts, of the purchase money that he advanced in the foregoing described tract of land, the foregoing parties are all heirs of my body.

I hereby appoint O.M. Whittle to execute this my last will and testament.

This my last will and testament, signed, sealed in presence of,

J.R. Chandler           This October 31,st, 1877.

D.R. Pitner.            Matilda Roberts. (Seal.)


WILL OF JAMES WILLIAMS

290

     I, James Williams of Jones Cove, County of Sevier and State of Tennessee, being of sound mind and memory, do make, publish and declare this to be my last will and testament, to wit:

1st.  All of my just debts and funeral expenses shall be first fully paid.

2nd.  I give, devise and bequeath all my real estate, consisting of buildings and tracts of land, bounded as follows: on the East by George Large, on the North by George Rolen, on the West by Robert Williams, on the South by Robert Williams, to my three sons, Roland, Thomas, and Garfield williams.

3rd.  The following conditions must be complied with, to make title good to the foregoing, to wit:

1st.  That my wife Mary Williams have maintenance and spuervision during her life from and over the estate.

2nd.  That my son O.L. Williams be paid $200.00 (two hundred dollars) to be paid in three years from my death.

3rd. That my daughter Georgia Williams (Large) Ida And Jennie Williams shall have home and maintenance for life or till marriage, from my estate, and in the latter case they shall be given two hundred dollars each.

WILL OF JAMES WILLIAMS. CONTINUED.

4th.  That Luella Williams (Harrell) have home and maintenance for life from my estate, or till she decides to again live with her present legal husband at which time this condition becomes void forever.  It is further provided concerning Luella Williams (Harrell), that when the marriage of her and her present husband is desolved, that if she shall marry another, other than her present husband, the same condition shall apply to her as to the other three daughters.

5th.  That no legal title can ever be given by the three beneficiaries, Roland, Thomas, and Garfield Williams to any other except each other or to O L Williams, or to the legal heirs of the final owner, or owners.

6th.  I nominate and appoint my son Roland Williams to be the Executor of this my last will and testament, hereby revoking all former wills by me made.

In witness whereof I have here and to set my hand and seal this July 28, 1913.

                                      his

                                  James X Williams.

                                      mark

291

Attest:   A.A. Williams.

Attest:   W.W. Williams

WILL OF JAMES WILLIAMS. CONTINUED.

Signed, sealed, published and declared as and for his last will and testament by the above named testator, in our presence, who have by his request, and in his presence and in the presence of each other, signed our names as witness thereto.

                                  A A Williams

                                  W W Williams

Probated by the county court of Sevier county Tennessee, on the 23 day of Aug. 1913,.

                                  A T MArshall, Clerk.

WILL OF MARGARET RULE.

STATE OF TENNESSEE.  SEVIER COUNTY.

Know all men by these presents, that I margaret Rule being now about eighty four years old, in view of the fact that I have not long to stay here, and will not be able to do for myself, I desire to say how I want my personal affects disposed of after I am gone,.

I desire Mattie Hall, (White.) to have one coverlet, or (Bed spread,) collored red, white, and blue: and all the other personal property, household and kitchen furniture, except the above named coverlet, I want Robert A. Rule. (my nephew.) to have all I have for love and affection, and careing for me for the last twenty years, I have already some years ago transferred all my land to him for a valuable consideration and my lifetime support, but as the farm is not of great value, I desire him to also have all my personal property.  This January 20” 1913.

                                      her.

                             Margaret  X  Rule.

                                      mark

Attest.   Ira Rule.

          George Marine.

Probated by the County Court of Sevier County, Nov. 5” 1913.

                             A. T. Marshall.  Clerk.


WILL OF LEVI OGLE.

292

STATE OF TENNESSEE.  SEVIER COUNTY.

I Levi OGle, do make and publish this my last and testament

First.  I direct my funeral expenses and all of my debts to be paid out of any monies that I may have at the time of my death.

Second.  I then direct the remaining, (after above,) of all personal my property, in cluding money, farming implements, house hold goods, and every thing that pertains to my personal estate to be sold and the proceeds equally divided among all of my children then living, my wife Lydia Ogle taking a childs part only, provided she shall remain living with me until my death and becomes my heir at law, otherwise she shall only take a childs part of my personal estate, made and accumulated since my marriage to her, she being my second wife.

Third.  I direct, will and bequeath all of my real estate to my two sons, Andrew and Joseph Ogle, consisting of about fifty acres of land, situated near Gatlinburg, Tennessee, and adjoining the lands of E.E. Ogle, I.L. Maples, Noah Ogle, and others, Said Lands is to be equally divided between Andrew and Joseph Ogle, Andrew Ogle taking the upper half lying next to E.E. Ogle’s and Joseph Ogle, the lower half lying next to Noah Ogles, and others, said

WILL OF LEVI OGLE. CONTINUED.

Andrew and Joseph Ogle are to take immediate possession of above land upon my death, and divide, (or cause to be.) the same equally between themselves, provided my wife Lydia Ogle, if then living and being my heir at law is to have her maintenance during her natural life from said above land, or the usual rents of same, provided she will assent to this, the third order of my will, Otherwise the Chancery Court will make such orders and decrees as will govern under law, then at her death said land and all the improvements thereon goes to above Andrew and Joseph Ogle as above provided.

     I further direct, nominate and appoint my son Joseph Ogle my Executor.  In witness whereof, I set my hand and Seal, this Nov. 21, 1905.

                                      his

                                  Levi. x. Ogle.

                                      mark.

Signed and published in our presence and we have signed our names hereunto in the presence of the testator, and we have no interest in same.

This Nov 21” 1905.

Attest.   I. L. Maples.

          C. E. Ogle.

WILL OF LEVI OGLE. CONTINUED.

The foregoing will is acknowled in any presence of this June 23 1908. and I sign the same as a witness at request of the testator.

293

                                  H. B. Kear.

I, Levi Ogle do hereby make and publish the following codicil to and in explination of the foregoing will which was made by me on Nov. 21, 1905, viz:

     It is my will and intention that my grand children, Robert Ogle and Luther Ogle, sons of my deceased son Henry Tipton Ogle, shall not share or participate in the distribution of any of my property named in section or item two of the above named will, this section refers to my personal property, money, notes, and accounts.  It is my will and I intend that the land named and described in section or item three, of the above named will, being all the land which I now own, shall at my death go to and be the property of my two sons, to wit: Andrew Ogle and Joseph Ogle, subject only to the rights of my widow as named in the foregoing above named will.  I make this so that there can br no doubt as to how I intend my property to go.

     This June 23, 1908.

                                           his

                                      Levi  X  Ogle

                                           mark

WILL OF LEVI OGLE (CONTINUED).

     We the undersinged hereby sign our names as witneses to the foregoing codicil at the request of the said Testator Levi Ogle and in his presents and in the presents of each other and the said Testator signed the said codicil in our presents.  This June 23, 1908.

                                      A. M. Paine

                                      H. B. Kear

                                      S. A. Blalock.

Probated by the County Court of Sevier County, the 17 day of Nov 1913.

                                  A. T. Marshall, Clerk.

294


WILL OF JAMES A. THOMAS, DECEASED.

I James A. Thomas of Sevierville R.F.D. No. 10 in the County of Sevier and State of Tennessee, being of sound mind and memory do make publish and declare this be my last will and testament to wit:

(First)  All my just debts and funeral expenses shall be first fully paid.  (Second)  I give, devise and bequeath all the rest, estate, residue and remainder of my estate both real and personal to be belowed wife Rhoda J. Thomas to have to hold to her my said wife and her heirs and

WILL OF JAMES A. THOMAS, DECEASED. CONTINUED.

assigns forever.  (Third)  The real estate consists of two tracts of land.  Tract No. one bought from L. H. Williams and tract No. two from Thomas Miller.  Fourth)  That all of my household and kitchen consisting of the following two bed steads and bedding for same one 1/2 bed stead and bedding for same, all of my chairs.  All of my tables cupboards, dishes, plates, jars fruit cans.  All of my trunks, one enlarged pictor and frame of my self.  One cooking stove and vessels, one sofa one clock, one watch, one shot gun,  (Fifth)  Two work mules and harness that goes on their noes Joe and Nigger.  (Sixth)  One new Lemon’s wagon and bed.  (Seventh)  One red heifer calf to be given to Mary Shults (daugther of John Shults)  (Eighth)  Fifteen year old mare and two horse colts to be sold and some to be applied to my debts.  Also one mowing machine and 1/2 interest in rake to be sold and same to br on my debts.  (Ninth)  If any money is after paying my debs from sale of the horses and machine and rake is left it goes to my wife.  (Tenth)  The rest of my farming tools to my wife.  (Eleventh)  All of my money and notes that i hold at my death shall go to my wife except #100.00 one hundred dollars each to my lawful heirs.  In witness whereof I have hereunto set my hand and seal the 3 day of Dec. 1913.

WILL OF JAMES A. THOMAS, DECEASED. CONTINUED.

                                  James A. Thomas.

Signed seales, published and declared as and for his last will and testament by the above named testator, in our presence, who have at his request, and in his presence and in the presence of each other, signed our names as witnesses thereto.                John R. Shults.

                                  W. W. Williams.

295


WILL OF MICHEAL EMERT.

Sevierville, Tenn. R. F. D. 16.

I Micheal Emert 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 moneys I may die possessed of or may first come unto the hands of my executors.  Second I give and bequeath to Ellen C. Bradshaw my daughter, all moneys on hand or due to me at my death.  I also bequeath her my daughter my entire house hold and kitchen furniture including beds bed steads and bed clothing.  Third and lastly I do hereby nominate and appoint Noah Ogle my executor.  In witness

WILL OF MICHEAL EMERT. CONTINUED.

whereof I do to this my will set my hand this the tenth day of October, 1913.

                                           her

                                      Micheal x Emert

                                           mark

Signed and published in our presents and we have subscribed our names hereto in the present of the testator this the 10th day of Oct. 1913.                  J. B. Clabough

                                      W. P. Lewis.

Probated by the County Court of Sevier County, Tennessee on Jan. 10, 1914.                        A. T. Marshall, Clerk.

296


WILL OF H. N. CARDWELL.

Know all men by these presence that I H. N. CarDwell being of sund mind and good memory but realizing the uncertainty of life do hereby make and publish this my last will and testament thereby revoking any and all with that I may have heretofore at any time made.  (first0 I will and bequeath to my wife Cora all of my land and personal property of whatever kind and nature I mayown at the time of my death provided that a sufficienty of money or personal property shall be used to the best advantage to pay all of my just debts and then at the death of my wife Cora all of my real

WILL OF H. N. CARDWELL. CONTINUED.

estate shall go to my children to be equally divided among them.  Second.  I desire that my father William Cardwell may have the use and benefit free of rent, all of the farm on the south side of the ridge leading from the gate at the upper end of the meadow around to the Wright place that is now cleared or that he may hereafter clear and in case he should die before my mother does she shall have all of said benefits during their life time provided he shall pay the taxes on the land he gets the benefits of during said time.

Third.  I appoint my brother Robert Cardwell the exeCutor of this will.  H. N. Cardwell.

This August 15th, 1910.

Signed in our presence and in the presence of each other on the day and date above mentioned.        J. F. Jones.

                                      N. R. Maples.

                                      W. H. Franklin.

Probated by the County Court of Sevier County, Tennessee, Feb. 28, 1914.                    A. T. Marshall, Clerk.


THE LAST WILL AND TESTAMENT OF A. H. HUFFAKER.

297

In the name of God, Amen.

I A. H. Huffaker of the County of Sevier and State of Tennesse being of sound mind and memory and in view of the uncertainty of this transitory life do therefore make and bequeath and ordain this to be my last will and testament.  1st.  That is to say, that after my just debts are paid i give, devise and bequeath to my beloved wife, Mary A. Huffaker, and to her heirs and assigns forever all my property and estate, whether real, personal or mixed.  And I constitute and appoint my said wife Mary A. Huffaker, sole executrix of this will without bond.  In testimony whereofI hereto sign my name, this the 11 day of January, 1899.                                 A. H. Huffaker.

Attest:   J. J. Sellers

          EL. Shepherd

Probated March 6, 1914 by the County Court of Sevier County Tennessee.                     A. T. Marshall, Clerk.


WILL OF H. B. CATON.

298

I H. B. Caton a citizen of Pigeon Forge, Sevier County Tenn of sound mind and memory but feeble health make and publish this my last will and testament.  First.  All my just and honest debts shall be paid including expenses of sickness etc.  Second.  Sell all my tools at private sale also a few household goods at the home of McBrown shall be sold accordingly.  Third.  One rift gun to my only son Emert Caton and remainder of my household goods shall be divided equally between my three children Willie Emert Amy Caton and said division shall be made privately between themselves without the assistance of an adm.  Fourth.  All my personal property including my life insurance cash on hands and any other personal property that may come into the hands of my adm. shall be divided equally among my three children as mentioned above.  Fifth.  I further request that the court appoint A. C. F. Trotter as guardian for my Children and further request that he serves for same.  I hereby nominate and appoint John Robertsn (without Compensation) as administrator of my last will and testament.  Said adminstrator shall receive nothing for his personal service rendered.  In testimony of which I hereto subscribemy name.  This the 3 day of February 1914.

WILL OF H. B. CATON. CONTINUED.

                                      his

Witnesses                         Henry B. X Caton.

                                      mark

Sam Robertson

Luther Dixon.

Attest:

Willie Caton

Emma Robertson.

Probated by the County Court of Sevier County, Tennessee, on the 14th day of March, 1914.    A. T. Marshall, Clerk.

299


WILL OF J. J. KEELER.

State of Tennessee ) I, J. J. Keeler, of Sevier County,

Sevier County      ) do hereby make, publish this my last and final will revoking all other heretofore made and making this ny last and final will.  First.  I want my funeral expenses and all my debt paid out of any money I may die possess with or out of any money that comes into the hands of my exector.  Second.  I give all my personal property to my wife M. E. Keeler consisting of the full y property all my cane and wheat crop and oats now growing for the present year and hay, 5 head ho se stock 3 milk

WILL OF J. J. KEELER. CONTINUED.

cows and 2 calves 1 lot hogs all my farming tools, 2 wagons, 1 Bugie.  3rd.  I give my wife M. E. Keeler akk my nots and accounts and money in the Bank of Sevierville.  4th.  I give my wife M. E. Keeler all of my household and kitchen furniture.  5.  I mean for the above to include all my personal property to my wife M. E. Keeler.  6.  I give all my lands I am possessed of to M. E. Keeler my wife her life time, and I authorize her to sell enough of said land to pay the indebtedness off of said lands.  7.  I want my son Roy Keeler to have one horse or one hundred and twenty five dollars when he becomes twenty one years old.  8.  At my wife deth I I want Mitchel Keeler and Charley Keeler to have two hundred dollars eachout of said lands, the remaind I want divided equally among my bodely heirs namely Sillor Thomas, Lavater Keeler, Oscar Keeler, Charley Keeler, Mitchel Keeler, Berty Worth Elmo R Keeler, Ada Keeler and Roy Keeler.  9.  I appoint my wif M. E. Keeler my Executor and I excuse her from making bond.  Given under my hand and seal this 14 day June, 1913.  J. J. Keeler.

     Signed in our presence this the 14 day of June, 1913.

Witness J. A. Thomas.

Witness C. I. Walker.

WILL OF J. J. KEELER. CONTINUED.

Probated by the County Court of Sevier County, Tennessee, on the 16 day of March, 1914.       A. T. Marshall, Clerk.

300


LAST WILL AND TESTAMENT OF KITTIE TUDOR.

STATE OF TENN, SEVIER COUNTY.  NOVEMBER 19, 1913.

I Kittie Tudor being in sound mind but feeble health and realizing the uncertainty life and the certainty of death do hereby make this as my last will and testament.  Article 1.  Sec. 1.  I hereby bequeath to my father and mother all of my real estate, this being a farm lying in Emerts Cove, Sevier Co., Tenn. and bounded by the lands of S.S. Proffitt, J. S. Ogle, Robert Brown and others, this being the same tract of land that was conveyed to me by my husband John W. Tudor by will during his life time.  Art. 2 Sec. 1.  I bequeath to my father and mother live stock, poultry, farming tools, and implements, household and kitchen furniture, with my money, notes, and accts., I want first my just debts all paid and also my funeral expenses, and the remainder I want to go to my father and mother.  I also want every other item to numerous to mention here to go to my father and mother.  I do not want any of the real or personal property sold at a sale, but want my father and

WILL OF KITTIE TUDOR. CONTINUED.

mother to have it as their own to do as they please with it.  Article 3, Sec. 1.  I hereby appoint as the executor of this will my father James Shults.  This November 19, 1913.                          Kittie Tuder.

Witnesses:  O. R. Ownby, W. M. Ownby.

Probated by the County Court of Sevier County, on the 30 day of March, 1914.              A. T. Marshall, Clk.

301


WILL OF MARY BUTLER, DECEASED.

March, 12, 1914.

     Wash stand and center table to Ethel. Chest, Little table, bed in parlor to Jim. Table here in room and dresser to Wesley.  Book case, Clock and machine to Hettie.

Grandpa’s picture to Jim.    Mama and Papa’s to Ethel.  Richard and James to Wesley.    Picture in hall to Hettie.  Narrow bed up stairs, rocking chair in parlor, and Mama’s little chair to Hettie.  Broad bed up stairs, one to Jim, other to Ethel.  Mama’s bed to Wesley.   One cow Jim’s.  other Ethel’s.  Two calves and enough money to make as much as a cow for Hettie, sell meat of one hog and half of lard, half of money gieve to Hettie.     Note for organ to come out of Hettie’s part of Mama’s money.  Two of the best

WILL OF MARY BUTLER, DECEASED. CONTINUED.

chairs apiece for Ethel, Jim and Hettie.   Parlor chairs one apiece.     Books divided equal.    Bessie and buggy to be sold. 11 hens and one rooster to Ethel, 11 hens and one rooster to Hettie. $3.00 in money to Jim.     Hettie and Ethel get dishes same as Jane and ella, rest divided equal.  Gallon crock for Ethel, Jim and Hettie,    Three Gallons for Ethel and Hettie.   Largest coffee pot for Ethel, best one for Hettie.   Get two new feather ticks, divide feathers into four beds, Ethel’s red Hettie’s green Wesley’s yellow Jim’s pink, the way the quilts are marked.    $42.00 to Hettie out of Mama’s money in place of horse.   Give Stella Stott $100.00 of my money all of my expenses are paid, and the rest divided equally amoung my children.

                                  Mary Butler.

Probated by the County Court of Sevier County 14th day of April, 1914.

                                  A.T. MArshall, Clerk.


WILL OF JOHN MYRES DECEASED.

302

     Know all men by these presets, that I, John Myers being of sound mind, and realizing the uncertainty of life, do hereby make and publish this my last will and testament, and do nulify and revoke void every and all wills that I may have at any time heretofore made.

First.  In the event that I should die before my beloved wife Nancy Myers does, I will and bequeath to her all of my property, both real and personal, including any and all debts that may be due my estate.

Second.  After our death, I will that all my property both real and personal be sold to the highest bidder as the law directs, and after paying all my just debts, the remainder shall be all equally divided so that all of my legal heirs shall share and share alike in all of my estate.

Third.  I hereby appoint J A Tarwater as a suitable person to act as the Executor of this Will and testement, who shall give bond and otherwise qualify as the law directs.

Witness my hand and seal, on this August 21, 1906.

                                      his

                                  John X Myres. seal.

                                      mark

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

A B Shields

WILL OF JOHN MYRES DECEASED. CONTINUED.

H R Huskey

L E Myers.

Probated by the County Court of Sevier County, Tennessee, June 4, 1914.

                                  A.T. MArshall, Clerk.

303


WILL OF SANDERS McMAHAN DECEASED.

I, Sanders McMahan of Jones Cove, County of Sevier, and State of Tennessee, being of sound mind and memory, do made, publish and declair this to be my last will and testement, to wit:-

1st.  That all of my real estate shall be sold at public sale at my death.

2nd.  All of my personal property, except household and kitchen furniture shall be sold at public sale at my death.

3rd.  The kitchen and household goods shall go to my beloved wife Amanda McMahan.

4th.  That my beloved wife Amanda McMahan and little boy Willie Matews. (the child) that she has got in charge to raise shall each have one years provision provided after my death.

WILL OF SANDERS McMAHAN DECEASED. CONTINUED.

5th.  That my beloved wife Amanda McMahan shall have one third of what the farm brings for her interest or dowery in my farm.

6th. That Dr. J. Walter McMahan, holds a mortgage or deed of trust for $1000.00, shall be paid in full, or supposed to be a martgage given to Dr. J. Walter McMahan for the above amount I signed some kind of a paper read to me down to where it read “Whereas here sign to A.R.” and stoped, (that walter McMahan) said that he did not have time to read any further, ask Walter McMahan, if he read the above proposed mortgage to me, ask Judge W.C. Caton if he (Caton) read or explained the above paper or instrument to me before I signed it.

7th.  That my just debts and funeral expenses shall be paid in full.

8th.  That after all of the above named are carried out and paid off in full, the remainder shall be equally divided as follows:  Between William McMahan, and Allen McMahan deceased heir.

That heirs of Allen McMahan who shall share is as follows Elzo Dockery, JAmes McMahan, Earn McMahan, Freeman McMahan, Clay McMahan, Willard McMahan.

WILL OF SANDERS McMAHAN DECEASED. CONTINUED.

10th.  That J C McMahan is to be paid fifty ($50.00) dollars for waiting on me through my last sickness.

304

11th.  I nominate and appoint W W Williams to be the Executor and Administrator of my Will and estate.

     In witness whereof, I have here to set my hand and seal, this 16th day of April, 1914.

                                  Sanders, McMahan.

Signed, sealed, published and declared, as and for his last will and testament by the above named Testator, in out presence, who have at his request, and in his presence, and in the presence of each other signed our names as witnesses thereto.

                             J.C. Huff)

                                           Witnesses.

                             J. H Huff.)

Probated by the County Court of Sevier County, on July 17, 1914.

                             A. T. MArshall, Clerk.


LAST WILL OF W.A. BOWERS.

305

     I, W.A. Bowers, of Sevierville, Tennessee, being of sound mind and disposing memory, do make and publish this my last will testament, hereby revoking and making void all other wills by me at any time heretofore made.

ITEM ONE-  It is my will that as soon after my decease as preactiable my Executrix herein after appointed shall pay all my just debts and funderal expenses out of any money coming to her hands from my estate.

ITEM TWO-  It is my will and I hereby give, devise and bequeath to my wife Dixie Lee Chandler Bowers all of my property of what ever character, real, personal or mixed that I may own at my death, including all real estate, notes, accounts Bank stock, and any and all property of which I may die seized the title to said property to vest in my said wife Dixie Lee Chandler Bowers absolutely in fee, subject only to the provisions of Item one of this will.

ITEM THREE-  I hereby appoint and constitute my said wife Dixie Lee Chandler Bowers, Executrix of this my last will with full power and authority to execute this will and take posession of the property herein devised with out qualifying or giving bond as such Executrix, and I hereby relieve her from making inventory of my said estate and

LAST WILL OF W.A. BOWERS. CONTINUED.

from making settlements and accounting for said estate.  In testimony whereof I have hereunto set my hand, on this 12th day of Jan 1914.

                                  W.A. Bowers.

Signed by the said W A Bowers 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.

                                  J. S. Ballard.

                                  Geo. L. Zirkle.

Probated by the County Court of Sevier County, on July 29, 1914.

                                  A. T. MArshall, Clerk.


LAST WILL AND TESTAMENT OF M.B. McMAHAN.

306

     I, M.B. McMahan of Sevierville Tennessee, do make and publish this, my last will and testament, hereby revoking any others by me made.

First:  I give unto my beloved wife, Kate Chandler, all of my household and kitchen furniture, beds, bedding, clothing, my iron safe at the office, and all the loose articles about the lot where we live, also all of my books, except law-books, the latter of which I give to George. L. Zirkle. and poultry also to her.

Second.  I devise to my said wife, during her natural life, the house and lot, or lots, on which we now reside, including six feet in width next to P.T. Haggard, which is now enclosed in his side, and which I have contracted to him at ten dollars ($10.00.) per foot.  She is to make him a deed for same in fee, when he pays therefor, and if he fails to do so, the said foot strip is to belong to her said lot.  She may sell and reinvest any part of said lot in othe good real estate, deeding the title to herself for life and with the privilege of selling and re-investing from time to time as the property may be sold In case it should in her judgment be necessary to use any part of the proceeds of said lot, of the corpus of said lot, for her comfortable support, she is authorized to do so, subject to

WILL OF M.B. McMAHAN. CONTINUED.

her life estate and the conditions on which the same is devised, the said lot is devised to my children equally, vesting them with the fee simple estate severally.

Third.  I give to Mrs. H. Leake $250.00., to all the children of Mrs. Ellen S. Solomon $150.00., altogether and to Morris and M.B. Jr. I give $25.00. each.

307

Fourth.  I have contracted to my son Stanley, a one fourth of a one third interest in a property known as the Walker milling & Produce Company. at a price of $1250.00. and I here devise said interest to him, which he is to account for as an advancement.  To my daughter Rosa.  I have advanced altogether $1.100.00., which she is to account for, as stated.  To my son M.B. Jr., I have advanced in the way of education the amount I consider he should account for, to wit: $250.00., but he is to have the expenses of the present year of his schooling at the University of Tennessee, without any further charge, and he is to be sent to school at the same place next year, provided he wishes to go, charging him, as an advancement, with the actual expenses of his schooling and clothing, not to exceed $250.00.  In order to equalize my children in the way of eduction, I bequeath to Morris $500.00. towards the expenses of his education.

WILL OF M.B. McMAHAN. CONTINUED.

Fifth.  My executors are authorized to sell any of my real estate not herein otherwise particularly disposed of, and make title and collect the proceeds, but they are to use due caution in selling so as not to sacrifice any particular peice of property.  I devised to my wife and children equally, my remaining interest in the property known as the Walker Milling & Produce property.  In case it should become necessary or proper to sell said real estate, either on account of my family wanting to dispose of it or for partition with the other owners, a guardian of a minor may sell his share and make title thereto.  I direct that my wife and children, or that Stanley, take steps to operate their interests in said Milling Company as sillent patners.

Sixth.  My Executors will invest $10.000. in a good, productive farm.  The title will be vested in my wife for life, with the remainder vested in fee simple in my children, it being understood that any remainders that my children take under this will, are present vested remainders.  In selecting said farm, my executors are to look to its productiveness, quality and condition chiefly.  My wife will not in all probability, want to live on it, so

WILL OF M. B. McMAHAN. CONTINUED.

308

that it will not be desirable to have extensive and valuable improvement or fine location.  They will use their best judgment to buy a farm that will yeild a good income, and, at the same time, sell again.  Should it become necessary to my wifes support, she may appeal to the Court and have a part of the corpus of this farm applied to her support, and if, after the same is bought, it be found that it is not yeilding a satisfactory income, it may be sold and the proceeds re-invested in an other piece of real estate of a like kind, taking the title in the same way.

Seventh.  The rest of my estate are, or proceeds of my estate not otherwife disposed of herein, I give and bequeath to my children, to be divided among them equally, subject however to an account of advancements set out herein above.

Eighth, The shares of my daughters in my estate, real or personal, are hereby vested in them severally, whether in presenti or not remainder as separate estates free from all right, controll or interest of any husband they may take, and with the right to dispose of same by will.

Eighth.  I nominate and constitute my son Stanley and my friend, George. L. Zirkle, executors of this will.

                             M. B. McMahan.

WILL OF M.B. McMAHAN. CONTINUED.

Signed and executed by the testator in our presence and is signed in his presence and in the presence of each other, on this, the twenty ninth day of January, 1914.

                                  Y. J. McMahan.

                                  W. T. Sterling.

I, M.B. McMahan, of Sevierville Tennessee, do make and publish these codicils to my will recently published:

I--Should my wife remarry she will thereby forfeit to the children (issue of predeceased representing parents,) one half the provisions made for her in said will, except as to the furniture, beds and the items in that particular clause.

II.  I appoint Y.J. McMahan and G.L. Zirkle, executors of said will.  This January 31, 1914.

                                  M. B. McMahan.

Signed in our presence and we signed in each others presence

     Leonova. K. De,Hoff,    Johns Hopkins Hospital.

     Jane. L. Conrad. (Nurse)  Johns Hopkins Hospital.

Probated by the County Court of Sevier County Tennessee, on August 13,” 1914.

                                  A. T. Marshall.  Clerk.

309

WILL OF PENELOPE C FELKER. DECEASED.

I. Penelope. C. Felker (Widow.), of Boyds Creek, Tennessee, do make, publish and declare this my last will and testament, hereby revoking and making void all othe wills by me at any time heretofore made.

First.  It is my will that within a reasonable time after my decease all of my just debts shall be paid, and suitable monument be provided and erected at my grave by my executors, to be paid for out of my estate.

Second.  I will and direct that within reasonable time after my decease, my executors divide equally among all of my children all of my household and kitchen furniture.

Third.  It is my will and I hereby direct and empower my Executors to sell all of my estate, both real and personal not above devised, eithe at private or public sale, and for cash in hand, or on time as in their judgment may seem to the best interest of my estate, and I hereby fully empower them to make and deliver to the purchaser a deed in fee therefor.

They will consumate such sale as soon after my death as in their judgment is best.

Fourth.  It is my will, and I hereby direct that the entire proceeds of my said estate, real and person, (Except as above devised.) shall, when the same comes to the hands of

WILL OF PENELOPE C. FELKER. DECEASED. CONTINUED.

said Executors be paid by them to my five children equally in the following interests and manner: to F.N. Felker, one fifth; to W.H. Felker a one fifth, to S.M. Felker a one fifth; and to Walter Felker, a one fifth; the one fifth of my daughter Cordie Harris Stansberry shall be held by my Executors, and by them invested by them in real estate as soon as they can advisedly do so and to the best interest of my said daughter according to the judgment of said Executors, after consulting the wishes of said Cordie H.  The title to such real estate so purchased to be taken to said Cordie H Stansberry for and during her natural life, free from the debts and control of her present husband, or any future husband she may have, with remainder to her heirs.

310

Fifth.  In the event any of my said children should not survive me, then it is my will that the interest of such pre-deceased child or children shall go to the legal representatives of such pre-deceased one or ones, provided however, any such interest coming to my daughter, Cordie. H. shall be invested as directed in item Fourth above.

Sixth.  Having full confidence in the integrity of my sons, F. N. Felker, and Shannon M. Felker, I hereby nominate and appoint them Executors of this my last will, and rely upon

WILL OF PENELOPE C. FELKER CONTINUED.

them to cary into effect my expressed desire.  I excuse them from giving bond as such Executors when they shall be otherwise qualified by the Court.

In witness whereof I have hereto set my hand, this 22, day of February, 1910.

                                  P. C. Felker.

ATTEST.  Signed by the said Penelope C felker, as and for her last will and testament, in the presence of the undersigned who, at her request and in her sight and presence subscribed our names on the day and date above written.

                                  J. O. Hodges.

                                  S. M. Hammer.

Subscribing witnesses.

Probated by the County Court of Sevier County Tenn on the 2,” day of September, 1914.

                             A. T. Marshall.  Clerk.


WILL OF W.M. HAGGARS. DECEASED.

311

I, W.M. Haggard, being of sound mind and disposing memory do make and publis this my last will and test ament, hereby revoking any and all wills, if any heretofore made by me.

I-- I devise and will and direct that all of my just debts be first paid out of any funds that I may leave at the time of my death, or from any property coming into the hands of my Executor.

“II”  I will and direct that my body be given a decent and repectful or respectable burial, to be paid for out of first money coming into the hands of my Executor.

“III”  It is my will and desire that in as much as my son P.T. Haggard was given ($300.00.) Three hundred Dollars in a land trade, that he have an equal amount with the other children after he shall have received this amount, except my youngest daughter Lula.

“IV”  It is my will and I so direct that my daughter Lula nor her heirs shall receive no more of my estate for the reason, I have made to her and husband the amount of $500.00., at least, which I think is more than the others will receive.  They went back North and have never assisted me in any way since.

“V”  I will, give, devise and bequeath to my daughters, Hulda lovelace, Rebecca. C. Brown, Charity Davis, and Mary

WILL OF W.M. HAGGARS. DECEASED. CONTINUED.

L. Shelly, and to my other two sons, Columbus. C. Haggard and william. S. Haggard.  My daughter Mary. L. Shelly has never been paid anything; It is my will and bequeast that all shall share alike in my estate.

“VI.”  I herby nominate and appoint my son P.T. Haggard as my Executor of my will and testament.

This 2,nd day of April, 1913.

                                  W. M. Haggard.

Signed in our presence, and we witness the same at the request of the testator, in his presence and in the presence of each other, the day and date above written.

                                  Ola. Houk

                                  W. G. Caton.

Probated by the County Court of Sevier County Tenn on the 23,d. day of September, 1914.

                                  A. T. Marshall.  Clerk.


WILL OF T.J. SARTEN DECEASED.

312

     Sevierville Tennessee. Oct, 30,” 1914.

I, T.J. Sarten being of sound mind, make this my last will and testament, After my funeral expenses and debts are paid, I devise and bequeath and give all my real and personal property, that I have at my death equally to my seven heirs, J.E. Sarten, W.A. Sarten, Ena Sarten, now Russell, Laura Sarten, Now Houser, L.C. Sarten, L.E. Sarten and Oakla Sarten, and to my son Rella, who has been absent for near 21 years, if he returns within two or five years, I devise him to have one hundred and fifty dollars ($150.00.) The said One hundred and fifty dollars to be placed in trust.  Then if he does not return within said time the one hundred and fifty dollars is to be divided equally among the above said seven heirs.  I appoint for my Executors, my beloved wife Catherin Sarten, L.E. Sarten and Okla Sarten.  Signed and sealed in the presence of us, this Oct, 30” 1914.

                                  T. J. Sarten.

Witnesses.

J.L. Yarberry.

G.W. Lane,

Probated by the County Court of Sevier County Tenn, on the 7,” day of November, 1914.         A. T. Marshall. Clerk.

313

WILL OF JESSE ROGERS.

State of Tennessee )  I, Jesse Rogers do make and publish

County of Sevier   )  this as my last will and testament.

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

Secondly, I give and bequeath to Caroline Rogers, my wife all of my property, personal and real, so long as she remains my widow.

Thirdly, At her death all the personal property to be divided between my heirs and William O. Rogers, my grandson.  William O. Rogers to receive one eighth, being seven other heirs.

Forthly, Jane Delozier to have a home on the place her life time.

Fifthly, If any of the heirs try to break this will, they are to be debarred from receiving anything.

Lastly, I do hereby nominate and appoint Anderson M. Davis my Executor.  In witness whereof I do to this my will set my hand, this the sixteenth day of January, 1914.

                                           his

                                      Jesse R Rogers

                                           mark

WILL OF JESSE ROGERS. CONTINUED.

Signes and published in our presence and we have subscribed our names hereto in the presence of the testator.

This the 16 day of January, 1914.

                                  (W. J. Sauls.

                        Attest.

                                  (J. V. Davis.

Probated by the County Court of Sevier County Tennessee, on the 21 day of April 1914.

                             A. T. Marshall, Clerk.

314


WILL OF A.R. CONNATSER.

          October 21 - 1913.

State of Tennessee )    Know all men by these presents

County of Sevier   )    that I, A.R. Connatser, of

                        Harrisburg in the County of Sevier, and State of Tennessee.    Gentlemen:    Being in good health and of sound and disposing mind and memory, do make and publish this my last will and testament.  Hereby revoking all former will by me at any time heretofore made.

First:  After the payment of all me debts and funeral expenses.  Also two set of tomb stones to be bought and placed at my grave and to my first wife’s grave, by my

WILL OF A. R. CONNATSER. CONTINUED.

Executor herein after named, be paid out of my estate as soon after my decease as shall by them be convenient.

2nd.  I give, devise, and bequeath to my son John Newbert Connatser, one tract of land, beginning near my house at the public road, running with Crocket Connatser’s line, thence with George Blazer’s line.

3rd.  Said tract of land is to be turned over to the said John Newbert Connatser as soon after my decease, as conveniently may be done, by my Executor herein after named.

                                  A.R. Connatser.

4th.  After the payment of my said debts and funeral expenses and the said tract of land have been taken out of my estate by my Executor, herein after named, I direct that the remaining land be sold at public outcry and the highest bidder to have said land, and the money received for said land is to be equally divided among my seven children, to wit:- Joseph Nelson Connatser, William G. Connatser, Lavater M. Connatser, Crocket Connatser John Newbert Connatser, Delia Connatser, Lila Connatser to be paid by my Executors herein after named.

5th. I devise that all my personal property be sold, and equally divided to each of the above named heirs.  Also all

WILL OF A.R. CONNATSER. CONTINUED.

notes and cash that may be on hand, if any, to be equally divided among the above named heirs, shall, by my Execturos herein after named, be paid.

And I do hereby constitute and appoint J. T. M. Connatser and G. R. Layman my Executors of this my last will and testament.

315

                                  A. R. Connatser

In testimony whereof, I, the said A.R.Connatser have to this my last will and testament, contained on three sheets of paper and to ever sheet thereof subscribed my name, and to this the last sheet thereof i have here subscribed my name and affixed my seal, this the 21 day of October 1913.

                                  A. R. Connatser (S.S.)

          (J.T.M. Connatser, Sevierville R.F.D. 2, Tenn.

Witness   (L.W. Howard, Sevierville R.F.D. 18 Tenn.

          (G.R. Layman Sevierville R.F.D. No. 20 Tenn.

Probated by the County Court of Sevier County Tenn, on the 2nd day of Feb. 1914.

                                  A.T. MArshall, Clerk.


WILL OF J.C. CHANDLER

316

I, J.C. Chandler of Boyds Creek Sevier County Tennessee, being of sound mind and memory do make publish and declare this to be my last will and testament, to wit: All my just debts and funeral expenses shall be duly paid.

I give, devise and bequeath the rest of my personal property to W.R. Chandler, my son, and E.A. Chandler, my wife. 1 third to E.A. Chandler and 2 thirds to W.R. Chandler.

     W.R. Chandler is to have and to hold the following described property: 1 mill and about 4 1/2 acres of land described in deed.  Provisions are made for E.A. Chandler, my wife, is to be paid $10.00, (ten dollars) a month, to be paid to her quarterly, by W.R. Chandler, the remainder of her life, or while she remains my widow, and also she is to have the use of the house where she now lives and half of the barn and one third of the land and garden.

     Lastly I hereby nominate and appoint B.C. Thomas to be Executor of this my last will and testament.  In witness where of I have hereto set my hand.  This the 11th day of Jan. 1915.

                                      J.C. Chandler

     Signed by the said parties as and for his last will and testament, in the presence of us the undersigned, who

WILL OF J.C. CHANDLER. CONTINUED.

at his request and in his sight and presence have subscribed our names hereto as attesting witnesses; the day and date above written.

                                  W.H. Delozier

                                  S.A. Loposser

317


WILL OF AMANDA McMAHAN

     I, Amanda McMahan being of sound mind and disposing memory do hereby make and publish this my last will and testament, hereby revoking all former wills by me at any time made.

I, I direct that all my funeral expenses and just debts shall be paid out of my estate as soon after my death as can reasonably be done.

2.  I direct that a suitable tomb stone or monument be placed at my grave, to be paid for aut of my estate, to be selected by my grandson J.C. McMahan.

3.  I give and bequeath out of my estate the sum of two hundred dollars to willie Matthews, a boy, which myself and my husband have raised to the age of twelve years and which boy is yet with me.  This two hundred dollars to be taken in charge by my grandson, J.C. McMahan and held and

WILL OF AMANDA McMAHAN. CONTINUED.

controlled by him until said Willie Matthews shall reach the age of twenty one years, at which time the said two hundred dollars shall be paid over to said boy by said J.C. McMahan without interest, but I further provide, that in the event said Willie Matthews shall die before he reaches the age of twenty one years that the said two hundred dollars shall go to said J.C. McMahan.

4.  I have arranged with my grandson J.C. McMahan to live with him the remainder of my life and for him to take care of me and of said willie Matthews, furnish him a home and reasonable board until said Matthews shall reach the age of twenty-one years, and I hereby bequeath and devise to said J.C. McMahan all the rest and residue of my estate of ever description and kind that I may die seized and possessed of or the owner of, including equitable property and all other kinds, real, personal, and mixed, to be his property in fee simple.

5.  I have a small amount of personal property, some house-hold goods, and there is now due to me out of the land that was sold under the will of my late husband, Sanders McMahan and out of his estate more than fifteen hundred dollars this constitutes the bulk of my estate, and I hereby devise the same, as above provided in this will, and in the event

WILL OF AMANDA McMAHAN. CONTINUED.

318

I shall reinvest any of said property at any time or change it from personal to real property, it is my desire and I direct that the same shall go and vest at my death, as herein above provided, in whatever manner or form it may be found at that time.

     I have heretofore given a small amount of personal property and notes to my said grandson J.C. McMahan, and I hereby reaffirm said gift; the same being now his property.

     IN WITNESS whereof I hereunto subscribe my name on this October 13, 1914.

                                           her

                                      Amanda X McMahan

                                           mark

     We the undersigned, hereby certify that the foregoing testatrix, Amanda McMahan subscribed her name to the foregoing will in our presence, and that she acknowledged the same to be her last will and testament, and we have hereunto subscribed our names as attesting witnesses to said will at the request of said Amands McMahan and in her presence and in the presence of each other.

     This October 13, 1914.

                                      S.L. Atchley

                                      H.O. Eckle

WILL OF AMANDA McMAHAN. CONTINUED.

The foregoing will was probated by the County Court of Sevier County Tennessee March 5, 1915.

                                  A. T. MArshall, Clerk.

319


WILL OF A.P. LOWE.

     Know all men by these presents, greeting: That I, Alexander P. Lowe, of Alder Branch, County of Sevier, and State of Tennessee being in good health and of sound mind and memory do make and publish this, my last will and testament, Viz:

I bequeath unto my wife, Louise Lowe, one third of my farm with the controll of the dwealling house and barn, as long as she remains my widow, At the death of my said wife if she survive me I will that all of the land I am seized and possessed of be sold, and that my son, Samuel P. Lowe be paid sixty dollars it being due him for building my residence.  And then the remainder of the proceeds from said sale be qually divided between my children, Viz: W.T., J., A.J., S.P., Sarah Ann (now Kerley) Ida (now Emert) and Laura (now Hill).

     But the funeral expenses of myself and wife, Louisa must be paid before a distribution to my said children.

WILL OF A.P. LOWE. CONTINUED.

     In testemony of which I here unto set my hand and seal.  This the 21st. day of Jan. 1913.

                             Alexander P. Lowe. (Seal)

Witness   J. H. Murrell

Witness   A. W. Roberts

          W. D. Atchley

     Probated by the County Court of Sevier County Tenn., on the 10th day of March, 1915.

320


WILL OF EZEKIEL CONNATSER.

     I, Ezekiel Connatser, being of sound mind and disposing memory, do hereby make and publish this this my last will and testament, hereby revoking all former wills by me at any time made, viz:

First:  I want all my just debts and funeral expenses to be paid out of my estate as soon after my death as may be reasonably done.

Second,  I want and direct that my wife Elizabeth Connatser, shall have enough of the rents and proffits of my real estate in the 4 Civil District of Sevier County, where I now live, to provide for her necessary care, support, and maintenance for and during her natural life,

WILL OF EZEKIEL CONNATSER. CONTINUED.

and I also direct that my said wife’s funeral expenses shall be paid out of my estate.

Third,  I direct that my daughters, to wit:  Martha, Jane, Large, Lilly, Ann E. Dixon, shall each have the sum of Three Hundred and Fifty Dollars, to be paid to them out of my estate, but I hereby devise to my said two daughters, jointly, a tract of about 25 acres of land in the 4 Civil Dist. of Sevier County, Tenn., being the land, I bought of J. N. Connatser, and is bounded by lands of R. C. Loveday, Frank Sharp, and William Denton, which I value to my said two daughters at $500.00 as a part of the said $350.00, herein above provided for each of my said daughters, which will only leave a balance of $100.00 to be paid out of my estate to each of my two said daughters herein above named; out of the remainder of my estate, after they get the said piece of land-in case my personal property shall be insufficient to pay all my just debts and funeral expenses, and expenses of winding up my said estate, and said special bequests of $100.00 to each of my said daughters above named, I hereby authorize, empower, and direct my executor hereinafter named, or any one legally executing this will, to sell off a sufficient number of acres of my home farm, from the south west corner or the south side of my said

WILL OF EZEKIEL CONNATSER. CONTINUED.

farm, adjoining lands of Stuart M. Connatser on the west; Levator Connatser’s land being south and A. R. Connatser’s being on the east; to pay said debts, expenses and bequests.

321

     The said sale to be made at auction, after having advertised at five public places by written posters only, and on a credit of one and two years time, notes bearing interest from date with approved personal security shall be required of the purchaser, and a lien shall be retained on the land sold to secure the payment of the purchase money.  My said Executor, or representative, is hereby authorized, empowered and directed, to make, execute and deliver to said purchaser a good and sufficient deed conveying to him title to said land so sold.  But if my said two daughters herein above named, desire to do so, they may select and have cut off to each of them enough land from the said south side of my home farm at $15.00 per acre, to make the value of $100.00 to each of my said daughters, which shall be in lieu of the said $100.00, herein above bequeathed to each of my said daughters.

Fourth:  I give and devise to my son Charles W. Connatser my said home farm, where I now live in the 4 Civil Dist. of Sevier County Tenn, being adjoined by lands S. M.

WILL OF EZEKIEL CONNATSER. CONTINUED.

Connatser, J.T.M. Connatser, A.R. Connatser Robert Loveday, being about 136 acres, which I devise, subject to the provisions of this will herein above made.

Fifth:  I have heretofore give to each and all of my other children, who are not named, in this will, all of my estate that I desire them to have.

A. M. Paine   )                  Ezekiel Connatser.

J. A. Terry   )    Attest

J.T.M. Connatser)

Sixth:  I nominate and appoint my son J.T.M. Connatser as my executor to execute and carry into effect this will and in case he shall not be able, or desire to so act, then I impower him to select an Executor for this will.

This will is written on two separate sheets of paper, both of which are signed by me.  This Feby. 28, 1907.

                                  Ezekiel Connatser.

Signed in our presents and we the undersigned were called to sign as witnesses to this will by the said testator and we signed said will in his presents and in the presents of each other as such witnesses.  This Feby. 28, 1907.

                                  A. M. Paine

                                  J. A. Terry

                                  J.T.M. COnnatser

Probated by the County Court of Sevier County Tenn. April, 8, 1915.                   A. T. MArshall, Clk.

322


WILL OF MARY LOUISA FINLEY.

I Mary Louisa Finly of the County of Sevier, State of Tennessee, being of sound mind and memory do make, publish and declare this to be my last will and testament hereby revoking all former wills by me made at any time heretofore.

And as to my worldly estate having heretofore deeded to Hannah Finly my Daughter in Law and her heirs all of my estate that I intend them to have I give to my son Samuel R. Finly one half of the remainder of my landed estate the remainder of my real estate Martha A. McMurry, Sarah H. Davis, my two sisters and my daughter Ruth E. Finly during their natural lives and at thier deaths to revert to Samuel R. Finly and his heirs the said girls to have the use of one half of the barn and the crib at the barn I give my two sisters my cow my mare or any horse stock I own at my death, wagon, and all farming utensils I give to my son Samuel R. Finly, he to pay my funeral expenses and all my just debts.

WILL OF MARY LOUISA FINLEY. CONTINUED.

In witness hereunto I set my hand and seal this the 16 day of March, 1900.

                                      her

                                  Mary L. X Finly

                                      mark

Attest.

S. W. Pickens.

Hugh Cox.

Probated by the County Court of Sevier County on the first day of May, 1915, which order of Court is entered on Minute Book No. 4 page 90.

                             A. T. MArshall, Clerk.

323


WILL OF J.S. OGLE.

This is my last will and testiment eny will before this shall be nul an void.

1, I will that my body be handed down to the grave in decency to my creator.

2, I will that all my funeral expenses by paid and all just debts

3, And my personal expense be paid if any.

4, My Administrator shall collect all my notes and accounts.

WILL OF J.S. OGLE. CONTINUED.

5, All money that I have on hands shall be equally divided amoung my 3 daughters Mary Rolen, Saynth Marshall, and Martha Williams.

6, The above named persons shall have my bed sted and bed cloths equally divided and Sayntha Marshall shall have my chest and MAry Rollen my Trunk, and Martha Williams my watch.

7, My wearing cloths shall be equally divided amoung all my children.

8, My burial - I want a black suit of cloths not very costly and a white shirt and a black neck tie around my neck and black gloves on my hands and black socks on my feet and a light pair of slippers on my feet.  I dont want my monument to my grave to cost of $25.00, I want Isaac Ogle my son to be my Administrator I want him to have reasonable pay for his work.

9, I want my Administrator to have his days of sale and not go to Court I want him to sell my machinery and tools and sell all grain and hay that I may have on hands.

                                  J. S. Ogle (seal)

witness                           Willie Marshall (seal)

                                  Walker Marshall (seal)

WILL OF J.S. OGLE. CONTINUED.

10, I want Sayntha Marshall to have my bible and I want my little black bible that I have carried so much put under my head in my casket.

     Probated by the County Court of Sevier County on the 8th day of June 1915.

                             A. T. MArshall, Clerk.

324


WILL OF JAMES T RUSSELL. DECEASED.

I, James T. Russell, of Sevierville Tennessee, R.F.D. No %5 being of sound mind and disposing memory, do make and publish this my last will and testament, hereby revoking all wills by me at any time heretofore made.

Item. 1.  It is my will, and I hereby direct that all my just debts and funeral expenses be paid out of my personal property as soon after my decease as practicable.

Item. II.  After the payments as directed above, it is my will, and I hereby give and bequeath to my daughter, Clara Russell, all the remainder of my personal property of every kind and character.

Item. III. It is my will that my real estate lying on the Knoxville Pike about 1/2. mile west of Sevierville, Tennessee, be divided as follows, (1) I will and bequeath

WILL OF JAMES T RUSSELL. DECEASED.CONTINUED.

to my son Robert Russell, that portion of my land lying North of the Sevierville and Knoxville pike, and between said pike and Pigeon River, to have and use the same for a period of five years, at the end of said term of years, he is to take said land in fee; if he should die before said term of years expires. witout issue, it is my will that his share go to his surviving brothers and sisters.

(2.)  To my daughter, Clara. Russell, I give and bequeath the portion of my land where my dwelling and out houses are situated, being the land from the Knoxville pike South to a ditch that runs from A.H. Love’s line an easterly direction across my land to Huskey’s line; to have and use for a period of ten years, and at the end of said term of years, she is to take same in fee, if she should die before said term of years expires, said land shall go to her son, Johnie Russell, in fee.

(3) The remainder of my land lying from said ditch south to Madison Huskey’s line, I give and bequeath to my daughter, Minnie Shafer, and she is to have a right of way over the part willed to my daughter Clara, twelve feet wide from the pike back to her share, on the west side of the dwelling house at aplace to be agreed upon by my daughters Minnie and Clara.

WILL OF JAMES T. RUSSELL. DECEASED. CONTINUED.

Item. IV. I hereby appoint T.C. Drinnen of Sevierville Tennessee Executor of this my last will.

325

In witness whereof, I, James T. Russell have hereunto set my hand on this the 28,” day of July, 1915.

                                      his

                             JAMES T.   X.  RUSSELL.

                                      mark

Attest of signature.

T.C. Drinnen  )

J. S. Ballard. )

          Signed by the said James. T Russell as for his last will and testament, in the presence of us, the undersigned, who, at his request, and in his sight and presence, and in the presence of each other, have subscribed our names hereto as attesting witnesses, the day and date above written.

                                  J. S. Ballard.

                                  Mrs, J.W. Robertson.

     Probated by the County Court of Sevier County, on the 9” day of September, 1915.   A.T. Marshall. Clerk, of County Court.


WILL OF ELIZABETH. J. ROMINES.

I, Elizabeth. J. Romines, of Millican, in the County of Sevier and in the State of Tennessee, being of sound mind, and considering the uncertainty of life, do therefore make and declare this to be my last will and testament.

1,st, I order and direct that my executor hereinafter named, pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

2.  After the payment of such funeral expenses and debts, I Give and devise and bequeath unto Dialtha Shehan, of said County and State, all the realty and personal property belonging to me at my death.  Lastly, I appoint J.T. Hill of said County and State, to be my executor of this my last will and testament, hereby revoking all former wills by me made.  In witness whereof, I have hereunto subscribed my name, and affixed my seal, on this 7” day of February, 1903.

                                      her

                             Elizabeth. J. X Romines

                                      mark

This instrument, was on the day and date thereof signed and declared by the said testator, to be her last will and testament, in the presence of us, who at her request have subscribed our names thereto as witnesses in her presence and in the presence of each other.      J.T. Hill.

                                      J.C. Thomas.

                                      R.B. Thomas.

Probated Oct. 11.” 1915. by the County Court of Sevier County, Tennessee.          A.T. Marshall. Clerk

326

WILL OF IVA. GOFORTH.

STATE OF TENNESSEE.     COUNTY OF SEVIER.

Know all Persons by these presents, That I, Iva Goforth do this day make my will.

I give or bequeath to Jennie Rawlings, Three hundred Dollars at my death, also I give or bequeath, to my brother William. H. Goforth all the rest of my real estate and personal property, after he, William H. Goforth pays for my coffin, cost, Seventy five dollars, a metalic case, he William H. Goforth is to pay for my monument, one hundred dollars, and William. H. Goforth is to give Hattie Leak, out of my estate, ten dollars, William H. Goforth is to take care of me, furnish a nurse, pay all my doctor bills and other expenses, after he does this, at my death he, William H. Goforth is to have all of my real and personal estate.

I am in my right mind, I know death is uncertain, I therefore make this as my last and only will.

This March. 10.” 1914.

              Signed,       Iva. Goforth.

Witness.  W.M. Bull.

Witness.  J.C. Sims.

          C.D. Saffell.

Probated by the County Court of Sevier County Tennessee. on the 8,” day of November, 1915.

                             A.T. Marshall. Clerk.

327


WILL OF A.J. BIRD. DECEASED.

I, A.J. Bird of Eldee, Sevier County Tennessee, being of sound and diposing mind amd memory, hereby make amd declare this my last will and testament.

I will, bequeath and devise my real and personal property in the manner following, to wit:

I will, bequeath and devise all of my land, being a farm of 145 acres, lying on the Little East Fork of Little Pigeon River, and all my personal property, and stock in the Sevier County Bank, cash on deposit, notes and all accounts collectable, to my wife C.A. Bird, for and during her natural life.  I direct that my doctor bills and my funeral expenses, including a coffin and tomb-stones, that are not very expensive be paid out of any money I may have on hands, or in the bank at my death, but I do not want any clothing bought for my burial, just some of the best I may have on hands, is what I want and direct to be used.

I will nothing to my own blood relations, but I will and direct that my wife C.A. Bird have all of my property, and

WILL OF A.J. BIRD. DECEASED. CONTINUED.

have full control of the same as herein directed, or any other property that may accumulate or may hereafter be

collected, to be her own, and for her own full use as she may desire, witout the appointment of an Executor, or any years support, homestead or dower being laid off.

And if my wife C.A. Bird should see fit to take her sister, N. L. Wilson, in the house, or on the farm with her, after my death, I hereby express the desire or willingness to the same, if it shall be agreeable with them to do so.

I give and devise my land and whatever personal property may remain after the death of my wife, and the payment of doctor bills, and burial expenses, to J.B. Catlett of Idaho, and Ellen M. Caughron of Knoxville Tennessee, or the heirs of their bodies, one half to J.B. Catlett and the other half to Ellen M. Caughron.  If J.B. Catlett should die, leaving no bodily heirs, then the one half herein willed to him, to go to Ellen. M. Caughron and her bodily heirs.

328

It is my will and I request that the said devisees keep said land together by such arrangements as they may be able to make, that some one or two of the parties or heirs herein mentioned pay to the other rents, or buy their

WILL OF A.J. BIRD. DECEASED. CONTINUED.

interest and own and control the land for the use and benefit of their children and grandchildren.

In witness whereof, I hereunto set my hand to this my last will and testament, on the 11,” day of August, 1915.

                                  A.J. Bird.

Signed by A.J. Bird, and declared by him to be his last will and testament in our presence, who at his request, and in his presence, and in the presence of each other hereunto subscribe our names as witnesses.

                                  H.R. Duggan.

                                  Flora. Layman.

Probated by the COunty Court of Sevier County, Tennessee, on the 23,” day of November, 1915. (See Minute Book No. 4. Page 216.)              A.T. Marshall. Clerk.

WILL OF STEPHEN HUSKEY.

Galtingburg Tenn   Oct. 8, 1910.

I Stephen Huskey do make and publish this my last will and testament, making void all thers be me meade.

1st.  I will and direct that my wife pay all my debts and funeral expenses out of any money that I may die seized of provided she should out live me.

WILL OF STEPHEN HUSKEY. CONTINUED.

I further will and bequeath and give all my personal property consisting house hold and kitchen furnishings, stock moneis to my wife Mary Huskey to have and hold.

329

2nd.  I will and bequesth to my wife one tract of land known as the James Huskey land situated in the 11” Dist. of Sevier County, adjoining the lands of Noah Ogle, B.B. Montgomery, & others said land to be hers to have, hold and control, so long as she Mary Huskey remains my widow and if she should out live me and remarrie then her right and title to above land shal be nul and voidand I futher will and bequeath the said above tract of land to my two daughters Martha Reagan and Sallie Parton, at the death of my wife or on her remarige provided Marth Reagan Shal pay or cause to be paid the sum of one hundred dollars to Birdwell or Pinkeney Huskey and provided further that Sallie Parton shal pay one hundred dollars to the other and a spcifis lien is retained on said land to secure the payment of these amounts.

I futher that said tract of land shal be equally divided between my two above named daughters, provided thay cant agree then they may get some one to make the division.

                                      his

                             Stephen  X  Huskey

                                      mark


WILL OF STEPHEN HUSKEY. CONTINUED.

Attest:   I.L. Maples.

              his

          George X Ogle

              mark

Probated by the County Court Dec. 30, 1912, on Minute Book No. 3, page 133.

                             A. T. Marshall, Clerk.

WILL OF ANDREW JACKSON BREWER.

     I, Andrew Jackson Brewer of the ninth District of Sevier County state of Tennessee, declare this to be my last will and testament.

     I Andrew Jackson Brewer after all my debts are settled give and bequeath to my wife Ceilie Brewer all the land possessed by me, during her life time, at her death said land to go to Samuel Riley Bowling a son of S.H. Bowling.

     I declare this will to be of my own free will and accord.

     This January 14, 1907.

                                           his

                             Andrew Jackson X Brewer.

                                           mark


 

WILL OF ANDREW JACKSON BREWER. CONTINUED.

Witnesses:    Albert Temple

              A.J. Temple

              W.E. Drinnen.

     The foregoing will was probated by the County court of Sevier County Tenn., on the 2nd. day of Aug. 1915.

                   A.T. Marshall,  Clount Court Clerk.

330


WILL OF JOE WIDNER JR.

State of Tennessee )    I, Joe widner Jr. of Sevier

Sevier County      )    County, Tenn., being of sound mind

                        and disposing memory do make and publish this my last will and testament, hereby revoking and making void and all other wills by me heretofore made.

First.  I will and direct that all my just debts and funeral expenses by paid as soon after my death as can be convniently done by my Executor.

Second.  I will and bequeath to my wife, Cleo Widner, all the property, both real and personal, that I may die seized and possessed of, for and during her natural life, to be used for her support and maintenance; and my said wife Cleo Widner is authorized and empowered to sell use or other wise dispose of and personal property that may come to her

WILL OF JOE WIDNER JR. CONTINUED.

from my estate, as she may think best for herself, and for the benefit of my estate.  My said wife shall have the use and benefit and income from any lands or other property that I may die seized and possessed of during her natural life, and at her death all the lands and any other property belonging to my estate that my be on hands, then I will and bequeath it to my neice Mattie Widner (a daughter of my deceased brother Mat Widner) but should said Mattie Widner die before my wife does then I will and direct that all property belonging to my estate at my wife’s death shall go to my six brothers and sisters, then living and to the children of any deceased brother or sister; and should my neice Mattie Widner leave children surviving her then I direct that one seventh of my estate shall go to her children.

Third, I will and direct that suitable monuments be procured and erected at the graves of myself and my wife Cleo.  To cost not less that $75.00 each to be paid for out of my estate.  The word six was interlined before signing.  In witness whereof I hereunto set my hand and affix my seal on this 30 day of June, 1915.

                             Joe Widner Jr. Seal.


WILL OF JOE WIDNER JR. CONTINUED.

331

     Signed by the testator in the presence of the undersigned subscribing witnesses, who each signed same in the presence of the testator and at his special request and in the presence of each other, on this June 30, 1915.

                                  A. B. Shields

                                  Jas. L. Wayland.

                                  James Marshall

Probated by the County Court of Sevier County, Tennessee, on the 12” day of January 1916.

                             A.T. Marshall, Clerk.

WILL OF JOHN LATHAM.

Seymour, Tenn. Sevier County Tenn., Jan. 5, 1915.

I John Latham of Sevier County Tenn being of sound mind and menory do make publish and declare this to be my last will and testament; that is to say.

(1)  I will my entire real estate to M.E. Baker and Sam Latham Situated in Dist. No. 10 of Sevier County Tenn., containing 150 acres more or less.

(2)  The said M.E. Baker and Sam Latham shall remain here and take care of LucindA and I until our death said Linda

WILL OF JOHN LATHAM. CONTINUED.

and Sam shall not sell and destroy any of the property but use enough of the property for the use of said place.

(3) I also will all my personal property to M.E. Baker and Sam Latham and they shall have entire control of every thing I own and possess until their death and at their death it shall be sold and equally divided amoung the heirs.

(4) I also appoint B.T. Latham to look after Linda and Sam to see that none of the heirs come in carry off any of the property left to them ar cut and destroy any of their timber.

(5) The foregoing instrument consists of three pages of written on this 5 day of Jan. 1915.  Signed and published and declared by the testator, John Latham to be my last will and testament in the presence of each of us the undersigned, who thereupon his request and in the presence of each other have hereunto subscribed our names as attesting witnesses thereof the day and year last above written.

                                  my

                        Signed (John X Latham

                                  mark

                                  my

                             (Lucinda X Latham

                                  mark


WILL OF JOHN LATHAM. CONTINUED.

Attest    (W.A. Graves, N.P.

          (Frank Hart.

Probated by the County Court of Sevier County, on the 7” day of Feb. 1916.

                             A. T. Marshall, Clerk.

332


WILL OF L.C. GILREATH

State of Tennessee )    I, L.C. Gilreath, of Kodak Sevier

Sevier County      )    County Tennessee, make and publish

                        this as my last will and testament hereby revoking any and all former wills.

1st.  I direct that all my debts and funeral expenses be paid as soon as possible after my death and further direct that my wife Thaney Gilreath shall have all the use of my real estate during her natural life and further direct that at her death her funeral expenses be paid and that a suitable monument be placed at out graves.

2nd.  I direct that Lucy H. Snyder, my grand-daughter shall have (25.00) twenty-five dollars out of my estate.

3rd.  I further direct that Hattie C. Huffaker my daughter have the north side of my farm, beginning in J.F. Pollard’s line, east of the grade and parallel with the cross fence between the barn field and my second field and running west with said fence to Smith’s line.

WILL OF L.C. GILREATH. CONTINUED.

4th.  I further direct that the remainder of my farm be equally divided between my other children.

     This the 29th. day of Dec. 1915.

                             L.C. Gilreath

     The foregoing will was signed by the testator in our presence and we attested same in his presence and at his request.

     This the 29 day of Dec. 1915.

Attest:            G.W. Amith

Attest:            P.I. Mount.

     Probated by the County Court of Sevier County Tennessee, on the 9th day of March, 1916.

                                  A. T. Marshall, Clerk.


WILL OF MARY A. DICKEY.

333

     The last will and testament of Mary A. Dickey of Sevier County Tenn.  I will to the family here at home my corn, meat and lard and all of my eatables for their use. I will to my grand daughter, Mary Murphy my calf.  What is mine in the house I want left for the Children that is here with me.  The money that I have on hands after all my expenses are paid I want equally divided among my own children.

     I want Tip Robertson as my administrator.

                                      Mary A. Dickey  X.

     Signed by the Testatrix in our presence and we have resigned as witnesses in the presence of each other being called to attest this will by the testatrix.  This the 31st. day of Jan. 1913.

                                      Mary S. Murphy.

                                      M. Vic Meek.

     Probated by the County Court of Sevier County Tenn. on the 4” day of April, 1916.

                                  A. T. Marshall, Clerk.


WILL OF J. H. SNYDER.

State of Tennessee )    I, J.H. Snyder of Kadak Sevier

Sevier County      )    County Tennessee, do make and

                        publish this as my last will and testament, hereby revoking any and all will be me heretofore made.

1st.  I direct that all my debts be paid as soon after my death as possible.

2nd.  I give devise and bequeath all of my estate both real and personal to my wife, Eliza Snyder, to have to hold to her during her natural life.

3rd.  I also direct that at the death of my wife, Eliza Snyder, all of my estate both real and personal go to my two daughters Virdie Snyder and Daisy Snyder Kelley and I further direct that Virdie Snyder shall have full control and management of all of my said estate and the Daisy Synder Kelley shall have half the proceeds of said property.

334

4th.  I direct that at the death of Daisy Snyder Kelley one half of my land be equally divided between Snyder and J. Roger Kelley and any other heirs of the body of Daisy Snyder Kelley Virdie Snyder to still remain in control and manage said land until the youngest of said heirs is twenty-one years of age and in case of the death of Daisy

WILL OF J.H. SNYDER. CONTINUED.

Snyder Kelley, J. Roger Kelley and all heirs of the body of Dasy Snyder Kelley the said one half of my estate shall go to my nearest Snyder heirs.

5th.  I further direct that when Snyder Kelley is twenty one years of age he shall have a good horse, bidle and saddle for his name and I hereby set apart and leave in trust in the hands of Virdie Snyder a sufficient sum to pay for same.

     signed and sealed in the presence of P.I. Mount and T.M. Snyder

     This Nov. the 6, 1915.

                                       his

                                  J.H.  X  Snyder

                                      mark

Attest.   P.I. Mount.

          T.M. Snyder

     Probated by the County court of Sevier County Tennessee, on the 4th day of april, 1916.

                             A.T. Marshall, Clerk.

Codicil No. 1.

     I direct that my former will be carried out as directed except that at the death of my wife, Eliza Snyder I direct that my farm be divided between my two daughters, Virdie Snyder and Daisey Snyder Kelley, by beginning on the

WILL OF J.H. SNYDER. CONTINUED.

pike so as to strike the J.W. Bryan tract fifty rods south of the Pollard and Gilreath corner, thence S. 80 1/2 E. to the east line of the J.W. Bryan tract, thence as nearly east as possible so as to divide my farm so as to give each of my daughters equal number of acres.  Virdie to have the north side and Daisey to have the south side of the farm.

     Signed and sealed in the presence of P.I. Mount and T.M. Snyder on this 6 day of Nov. 1915.

                                           his

                                      J.H.  X  Snyder

                                           mark

Attes.    P.I. MOunt.

          T.M. Snyder

Probated by the County Court of Sevier County Tennessee, on the 4th day of April, 1916.

                                  A.T. Marshall, Clerk.


WILL OF JAMES M. BOWERS.

335

March 22, 1916.

     I, Jas M. Bowers being of sound mind make this my last will and testament.

1st.  I want all my legal debts paid and a nice stone put to my grave.

2nd.  I want James R. Davis to have ($100.00) one hundred dollars that I promised him.

3rd.  I want my wife, A. Jane Bowers to have the house during her natural life and all the balance of my personal property or so muchof it as she wants, and she has the right to sell any or all of the stock and use the proceeds as she may think best

4th.  I durect that after her death she shall be put away nice and a good stone put to her grave.

5  I want O.P. Burns to be me Executor.

                                      J.M. Bowers.

Attest:   O.P. Burns.

Attest:   J.M. King

              his

Attest:   E. P. X Thomas

              mark

     Probated by the County Court of Sevier County Tenn, on the 4” day of april, 1916.

                                  A.T. Marshall, Clerk.

WILL OF JOSEPH S. FORD.

Sevierville, Tenn., March 17, 1916.

     I, Joseph S. Ford of Sevierville Tennessee, of feeble health but of sound and disposing memory do hereby make and publish this my last will and testament.

     To Jim Ford the son of Martha Ann Ford, I give one (1.00) dollar.

     To Clarence Ford another son of Martha Ann Ford, Decd. I give One (1.00) dollar.

     To Sam Ford, the son of Lizzie Ford, Decd. I give one (1.00) dollar.

336

     To the three living children of William Ford, Decd., namely Homer Ford, Harry Ford and May Ford, I give One (1.00) dollar each.

     For the services that Lillie Gass have rendered in waiting on me in my last day and five years prior to the writing of this instrumentand for keeping house for me in my old age, I do by this instrument give and bequeath to Lillie Gass and her two living children, namely Willie Gass and Clarence Gass all my property of what ever nature.

That is to say, I intend that Lillie Gass and her two children Willie Gass and Clarence Gass shall have all my house hold good such as beds, bedding, tables stoves, Ect.- I also give them all my books pictures and what ever other

WILL OF JOSEPH S. FORD. CONTINUED.

personal property I may have in the house where I now live at the writing of this instrument.

     To Lillie Gass and to her two living children Willie Gass and Clarence Gass, I further give and bequeath all the money that I now have in the Bank of Sevierville and in the Sevier County bank whither the same be on deposit subject to check or on interest.  I further give to Lillie Gass and her two children, Willie Gass and Clarence Gass all the notes that people owe me at my death.

     As a further explination of my intentions in this will and my desire is that at my death and after the One ($1.00) Dollar to each of the above named parties to wit:- Jim Ford, Clarence Ford, Sam Ford and the three living children of William Ford namely: Homer, Harry and May have been set apart then the remainder of my property of what ever nature whether it be goors, cash or what ever I may possess at my death shall go to Lillie Gass and her two children Willie and Clarence Gass.

     I further state and make the same a part of my Will that out of the amount of property that Lillie Gass and her two children shall receive they will first pay my burial expenses.


WILL OF JOSEPH S. FORD. CONTINUED.

     I further ask, request and appoint Lillie Gass to be Executor of this my last will and she shall hold in this capicity without giving bond.

     I futher state that by this instrument I revoke and make void all others at any time by me made.

337

                        Testator, Joseph S. Ford.

     Signed and published in our presence and in the presence of each other and we have subscribed our names hereto in the presence of the testator.

     This the 17th day of March nineteen hundred and sixteen.

Attest:   W.C. Allen.

Attest:   John Jakson.

     Probated by the County Court of Sevier County Tenn. April, 4, 1916.

                             A. T. MArshall, Clerk.


WILL OF SAMUEL HUFFAKER.

     I, Samuel Huffaker a resident and citizen 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 my me heretofore made.

First.  It is my will, and I direct that as soon after my death as may by practicable, that all of my just debts if there be any and my funeral expenses shall be paid out of my personal estate by the Executor of this will.

Second.  I will and bequeath to my son David L. Huffaker all of my real estate, which consists of the farm where I now reside in the 7” Civil District of Sevier County Tennessee on the waters of Kellems creek and adjoining the lands of W.D. Atchley on the east, Jesse Stafford and James Maples on the south John Murrell on the west, and James Maples and G.P. Huffaker on the north, containing 60 acres more or less, being the lands conveyed to me by James Maples by deed which is registered in the Register’s office in Sevier County Tennessee.

And in consideration of the land herein willed to David L. Huffaker he shall pay to each of my children, to wit: George P. Huffaker, John R. Huffaker, Arthur Huffaker, Carrie Sims, J.P. Huffaker and Minnie Henderson one hundred

WILL OF SAMUEL HUFFAKER. CONTINUED.

dollars, which shall be due and payable within eight months after my death, and should any of said children die before my decease, then the amount due them under this will shall be paid to their children.

338

Third.  All the personal property on hands at my death, inclusing money, notes, house-hold and kitchen furniture &c, I bequeath to all of my children equally, and I direct that the same be divided by them in kind among themselves, without a sale thereof, and should any of my children die before said division is made, then their share shall go to their children.

     I hereby appoint my sons George P. Huffaker and David L. Huffaker Executor of this will to make distribution and carry out the will as directed and said executors may act without bond.

     Given under my hand and seal on this 28” day of March, 1910.

                             Samuel Huffaker, Seal.

     The foregoing will was signed and executed by Samuel Huffaker, the testator in our presence, who declared the same to be his last will and testament and that we, the subscribing witnesses signed same in his presence and in the presence of each other, on this March 28, 1910.

WILL OF SAMUEL HUFFAKER. CONTINUED.

                                      A.T. Marshall.

                                      J.J. Stafford.

          Codicil.

     I, Samuel Huffaker do this day make the following statement and addition to the foregoing will, to wit:  I made signed and executed the foregoing as my last will and testament on the day it bears date I made same volintarily and understandingly, and uninfluenced by any one, and I was of sound mind and disposing memory at the time when same was executed, and the foregoing will carries out my purposes and intentions as I honestly believed than and now believe is right, and I now state after due consideration and reflection that the foregoing is my true and last will and testament.

     I now direct and will that if any of my children or heirs shall undertake to break this will or bring a law suit for the purpose of changingor setting aside this will that they or either of them so doing shall forfeit all their right to that which I have herein bequeathed to them, and they shall take no part in my estate, and the interest of the heir of heirs that may so try to brake this will shall be paid equally to the other heirs.

    

WILL OF SAMUEL HUFFAKER. CONTINUED.

339

Signed on this 26th day of October 1912.

                                  Samuel Huffaker.

     Signed in the presence of the undersigned subscribing witnesses on the 26” day of October, 1912.

                                  A.T. Marshall.

                                  J.J. Stafford.

     Probated by the County court of Sevier county Tenn. on April 28, 1916.

                             A.T. Marshall, Clerk.


WILL OF P.C. DYRE

State of Alabama   )

Marengo County     )    I, P.C. Dyre being of sound mind

                        and disposing memory and 77 years of age, do hereby make and publish this my last will and testament hereby revoking all former wills by me at any time made.

FIRST.  I direct that all my just debts and funeral expenses shall be paid out of my property and money as doon after my death as may reasonable done.

SECOND.  I give and bequeath my tool chest and tools to P.T. Snapp.

THIRD.  I give and bequeath all the rest and residue of my entire estate including money notes, accounts and all property of whatsoever kind of which I may die the owner to Miller Yett and his wife Mollie Yett jointly.

FOURTH.  I nominate and appoint Miller Yett as my executor to execute this will, and he is hereby exempt from giving bond as executor.

     Witness my hand and seal in the town of Linden, state and county aforesaid this the 21st. day of Secember, 1912.

                                  P.C. Dyre, (Seal)

Attest    J.M. Newton.

          E.A. Barley

WILL OF P.C. DYRE. CONTINUED.

     Signed by the testator in our presence and we signed this will as witnesses in the presence of said P.C. Dyre and at his request, and in the presence of each other.

                                 J.M. Newton.

340

                                  E.A. Barley.

     Probated by the County Court of Sevier County Tennessee on the 31” day of May 1916.

                             A.T. Marshall, Clerk.

WILL OF J.A. WALKER.

State of Tennessee )    I, J.A. Walker being of sound mind

Sevier County      )    and viewing the uncertainty of life make and establish this my last will and testament.

     I give and bequeath to J.A. Huff all my belongings or all my personal estate, for his kindness to me during my last illness.

     This the 30” day of May 1916.

Attest:   J.T. Hill                    his

                                  J.A.  X  Walker.

          Earnest Carnes.              mark

     Probated by the County Court of Sevier County Tennessee, June 30 1916.

                             A.T. Marshall, Clerk.

WILL OF R.H. SHIELDS.

Sevierville, Tenn. Aug. 7- 1916.

     This is my last will and testament.

     I desire my wife Maria Shields to have all my all my real and personal property her natural life time to rear and educate the children, at her death to be sold and equally divided among my heirs.

                                           his

                                      R.H.  X  Shields.

                                           mark.

Attest:   S.W. Flanagin.

          G.M. Clabo.

     Probated by the County Court of Sevier County Tenn. Aug. 10, 1916.

                                  A.T. Marshall, Clerk.


WILL OF OLIVE McCARTER.

341

State of Tennessee )    The last will and testament of

Sevier County      )    Olive McCarter making nul and void all other wills by me at any made.

1st.  I direct first that my funeral expenses be paid out of my personal property.

2nd.  I give and bequeath to my daughter Elsie J. Huskey for her own imediate use seperately and apart from her husband to be and remain her own property and to be disposed of at her own will the following real estate, to wit: one hald of my farm at the gap of the mountain bounded as follows:  Beginning on a chesnut on the north side of the public road just above the old orchard, thence southward to a low bunchy chesnut on a little risge at the upper side of the field, thence southward with the meanders of the ridge to the top of the mountain, thence westward with the top of the mountain to E.C. McCarter’s line, thence northward with the meanders of the divide to a chesnut and oak on the south side of the public road, thence northward with E. C. McCarter’s line to an oak on the old line, thence W. to the old oak and rock corner, thence N. to the top of the divide, thence eastward with the divide and ridge to a chestnut N. of the beginning, thence southward to the beginning.

WILL OF OLIVE McCARTER. CONTINUED.

3rd.  I give and bequeath to my daughter Mollie E. ATchley all the balance of my farm at the gap of the mountain to be and remain her own property seperately and apart from her husband to be owned and controlled by har and disposed of at her own will bounded as follows, to wit:  Beginning on a chestnut on the north side of the public road a corner of John Ownby’s line thence southward with John Ownby’s line and the calls of my to Elsie J. Huskey’s line, thence north ward with the ridge and her line to a low bunchy chestnut, thence northward with her line to a chestnut on the N. side of the public road, thence northward to a chestnut on top of a rodge, thence N.W. ward with the meanders of the ridge and divide to the west lineof the old 100 acre survey, thence N. to the N.W. corner of said survey, thence E. to the beginning.

342

4th.  For the reason that my husband Richard E. McCarter has enough real and personal property in his own hands to provide for himself and by his own consent this being in his light mind and his drawing up my will for me.  I will leave him out of my will.

     This the 6th. day of February 1912.

                                      her

                                  Olive X McCarter

                                      mark

WILL OF OLIVE McCARTER. CONTINUED.

Attest:       her

          Sophia X Campbell

              mark

          L.W. Huskey

          Vernie Franklin

     Probated by the County Court of Sevier County, Tennessee, on August 14, 1916.

                             A. T. Marshall, Clerk.

WILL OF MARGURET MAPLES.

State of Tennessee County of Sevier.

I, Marguret Maples wife of Martin L. Maples of Sevierville Tennessee R.F.D. #2 being of sound mind and memory and knowing that I shall soon have to leave the walks of this life but desiring to dispose of my property before I depart this life do hereby make and publish this as my last will and testament hereby revoking and making void all former wills made by me.

1st.  I direct that my funeral expenses shall be paid as soon after death as possible.

2nd.  I direct that the lands we now own shall at our death be divided equally between our four children as they may


WILL OF MARGURET MAPLES. CONTINUED.

see fit, namely Merie C. Atchley, Oscar L. Maples, Mable Flinn and Lawrance L. Maples.

3rd.  That the four named children pay to the heirs of our daughter Nora Burchfield the sum of $50.00 each after deducting accounts we now hold against said heirs, heirs namely Hollace, Ernest & Victor, Ola and Olis Burchfield, and Acct. against their father E.J. Burchfield; Ola and Otis has no account.

4th.  I direct that my husband have control of said land till his death.

343

5th.  I direct that all the money I have on hands at my death or in notes be collected and then equally divided between my four children to wit: Bertie C. Atchley, Oscar L. Maples, Mabel Flynn and Lawrence L. Maples after paying all my funeral expenses and buying a monument for myself.

6th.  Should Sam H. Atchley not pay the $50.00 he now owes me for one cow he bought from me I direct that it be deducted from Bertie C. part with interest from January 5, 1914.

7th.  I further direct that all my cattle be sold that I may own at my death except one cow should my husband be alive if not to be sold and the money divided between the four children now living.

WILL OF MARGURET MAPLES. CONTINUED.

8th.  We have heretofore made advancements to our daughter Nora Burchfield and her heirs which we think makes her equal.

9th.  I further direct that at our deaths that the household goods be divided between the four children.

10.  The lands now owned by me was deeded to me by my husband Martin L. Maples and registered in Sevier County Tennessee.

11th.  I direct and appoint my son Oscar L. Maples as my executor with bond to carry out the provisions of this my last will.

                                  M.C. Maples.

Signed and sealed in our presence and in the presence of us both on this 3 day of April, 1915.

                                  A. W. Roberts.

                                  J. L. Yarberry.

Probated by the County Court of Sevier County August 14, 1916.

                                  A. T. Marshall, Clerk.


WILL OF ELI H. ROBERTS.

State of Tennessee )    Know all men by these presence

County of Sevier   )    that I, Eli H. Roberts being of sound mind and memory and wishing to dispose of my property before my death.

344

1st.  I will and bequeath to my son albert W. Roberts the land and buildings which I bought from mattie Huskey, known as the Coram atchley place, having paid out for him for schooling, board and books &c for which I think will equal him with my other heirs.  2nd.  I will and bequeath to my daughter martha A. Hodges and her heirs the east end of my home farm a division line to begin at the road at the upper corner of the old garden then north streight to the garden gate near the smoke house then streight with the garden and wire fence to the corner between me and P.M. and T.E. Atchley and then east with our line to the Haggard corner at the spring branch and then S.E. to a walnut corner near the public road, then S.W. to a sacafac stump near a cedar, then with J.T.M. Connatser’s line to the beginning.  I except a road from the beginning at the corner of the garden to the public road near the S.H. Atchley residence for the use of the west end of the farm.  I also will and bequeath to Martha A. Hodges and her heirs five acres of timber land of the east end of the Parrott land, and where

WILL OF ELI H. ROBERTS. CONTINUED.

W.L. Dudley lives, beginning at the public road half way between the bridge across the branch and the foot of the hill toward P.H. Hill’s residence and to run from there North west to Wm. Etherton’s line.  So as to cut off five acres and run with Etherton’s line to P.H. Hill’s line and with Hill’s line to the public road and with said road to the beginning and also my book desy and a small blue table, an the best bed and stead that stands upstairs.

3ed.  I will and bequeath to my daughter Hallie D. Roberts and to her heirs, the west end of my home farm and all the buildings, line beginning at the road at the upper corner of the old garden and run from there to the garden gate near the smoke house and streight from there with the palen and wire fence to the corner between me and P.M. and T.E. Atchley and from there with the line between me and P.M. and T.E. ATchley to May Waugh’s line and with her line J.T.M. Connatser’s line then down the creek to the lower corner between me and J.T.M. Connatser and then back to the beginning with the said Connatser’s line, and all the corn and roughness that may be on hands at my death and one milk cow and one little bay mare and my rubber tire buggy and all the meat and lard we may have on hand at my death and canned fruit and all the kitchen furniture and my bed and

WILL OF ELI H. ROBERTS. CONTINUED.

345

stead and her mother’s chest and all the money her mother had at her death and the two telephones and two rocking chairs and one set of the best sitting chairs one chopping ax and my watch and two clocks and the bed and stead that stands in the back room and bureau and my bible.

4th.  I will and bequeath to my daughter Cary J. Dudley and to her heris the west end of the farm known as the Parrott farm of the upper end and that my daughter Cary J. Dudley and her heirs have the remainder of said farm with all the buildings and that she have my chest, and that W.L. Dudley shall have the two horse wagon and the two horse cultivator and that W.E. Hodges have the two horse wagon and cultivator which I gave to them.  And that my old buggy be sold and mowing machine and disk harrow and black smith tools and should my old horse Charlie out live me that he be kept on the old home place and feed off the proceeds of the two farms.  And as soon after my death as is convienent that my executor collect all my debts and pay all debts that I owe, and my doctor bill and funeral expenses, and I hereby appoint W.D. Atchley as my executor of this my last will and testament.

     In witness whereof I have hereunto set my hand and seal on this the 19 day of Feb. 1916.

WILL OF ELI H. ROBERTS. CONTINUED.

                                  Eli H. Roberts (L.S.)

Then and there signed and published by Eli H. Roberts, the testator, as and for his last will in the presence of us who at his request, in his presence and in the presence of each other have hereto set our names as witnesses.

                                  J.R. Fain

                                  H.D. Bailey.

Probated by the County Court of Sevier County Tennessee, Sept 5, 1916.

                                  A.T. Marshall, Clerk.

346


WILL OF F.M.S. HILL.

I, F.M.S. Hill 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, hereinafter named pay all my just debts and funderal 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 wife Eliza Hill my farm known as the Mill Property, and my interest in the John Lane tract of land it being 1/2 interest, during her

WILL OF F.M.S. HILL. CONTINUED.

natural life and also to have the use of my personal property, consisting of horses, cattle, hogs or moneys that I might die possessed with, so much thereof as might be necessary for my wife’s support during her life time.

3rd.  Dialthia Shehan is to have a home and support on my property as set forth in a contract made between her and me.

4th.  At my wife’s death I want my two sons, W.A. Hill and P.H. Hill to have my Mill Property or Mill tract of land, which I estimate to be worth $2400.00, on condition they pay the following named children, viz: Nannie McPherson $400.00 $100.00 at my wife’s death and $100.00 each year until paid.  Flora Lane $400.00, $100.00 at my wife’s death and $100.00 each year until paid, Minnie Brock $400.00 $100.00 to be paid at my wife’s death and $100.00 each year until paid, Maud Leatherwood $400.00, $100.00 to be paid at my Wife’s death and $100.00 each year until paid.

5th.  I want my wife’s funeral expenses paid out of my estate.

6th.  I will to my daughter, Carrie Romines at my wife’s death my interest in the John Lane tract of land (it being 1/2 interest which I value at $400.00.  And the said carrie


WILL OF F.M.S. HILL. CONTINUED.

Romines my daughter is to pay interest on $300.00 for one year, $200.00 for two years, $100.00 for 3 years.

347

7th.  W.A. Hill and P.H. Hill my sons are to look afte my farm and mill for my wife Eliza Hill during her natural life and keep them in good repair, and to be paid for their services from income on said property.

8th.  I prefer if it is necessary to sell my property to pay my debts, to sell my mare.

Lastly I appoint W.A. Hill, my son, to be executor of this my last will and testament.

In witness whereof I have hereunto subscribed my name on this the 10” day of September 1916.

                                  F.M.S. Hill

Attest:   Sam Catlett.

          J.H. Lafollett.

Probated Sept. 18, 1916 by the County Court of SEvier County, Tenn.

                             A.T. Marshall, Clerk.


WILL OF EUNICE GANN.

     I 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 first 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 first come into the hands of my executor.

Secondly I give and bequeath to Joe Robertson 7 acres of land his, this land to be laid off by Robert and Henry Hardin, then I direct that the remainder of my land be sold, if the estate amounts to $2000.00 I direct that $50.00 each be paid to Reps Hardin, Mack Hardin, Mollie Hardin, Pleas Hardin and Delia Elledge (Formerly Hardin) and the remainder of the money be equally divided between Joe Robertson, Pasha Gann, Robert Hardin and Henry Hardin.

Thirdly I direct that a monument be placed at my grave to cost at leat $25.00.

Lastly I hereby nominate and appoint W.A. Newman my executor, in witness whereof I do to this my will set my hand, this 10 day of June A.D. 1914.

                                      her

                                  Unice X Gann

                                      mark


 

WILL OF EUNICE GANN. CONTINUED.

Signed in the presence of:

          J.E. Hodges

          J.M.L. Atchley.

Admitted to probate in solumn form in the Circuit Court of SEvier County on the 5th day of October, 1916.

                                  W.M. Maples, Clerk.

348


Will of Peter Headrick.

     Know all men by these presents, that I, Peter Headrick being of sound mind and good memory but knowing the uncertainty of lifedo hereby make and publish this my last will and testament.

First- I will and bequeath to my six children or to their heirs, if my said children any of them be dead, to wit:- Henry, Annie, Elizabeth, Daniel, Jane Ida L and Evathe tract of land adjoining the lands of Emert heirs on the north and east, Sarah Headrick and others on the south and weat, it being all of my land not heretofore disposed of, so that all of my said children or their heirs, shall be made equal and share alike in said land.  Nathan, Sarah, Eliza, and Bitha having been heretofore fully ptovided for.

Will of Peter Headrick. Continued.

Second- I will that at my death my daughter Sarah, shall out of the money I may have on hands, pay off all of my just debts, including my burial expenses and also the buying and putting up suitable tomb stones to my grave when I am buried then after this has been done, by her all of the ramainder of the money on hand shall go to and belong to her as a consideration of her taking care of me and winding up and settleing off my business.

And the remainder of my personal property especially the money on hand shall be equally divided between my three daughters, Sarah, Eliza and Bitha.  I appoint J.A. Tarwater as a suitable person to execute this will.  He may either divide the land herein before mentioned among the heirs or sell it to the best advantage and divide the proceeds of said saleamong the heirs, which ever seems the better thing to do at the time and if it is sold to make deed to the purchaser.

Witness my hand and seal, this 8 day og August, 1913.

                                  his

                             Peter X Headrick.  Seal.

                                  mark

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

    


Will of Peter Headrick.

Attest.       D.H. HEadrick.

              R.C. Headrick.

Probated by the County Court of Sevier county, on the 6th. day of November, 1916.

                             A.T. Marshall, Clerk.

349


Will of M. Nelson Tarwater.

Know all men by these presents, that I, M. Nelson Tarwater being of sound mind and good memory do hereby make and publish this my last will and testament.

First, I will that at my death all of my property both real and personal shall go into the hands of my wife Nannie for her control, use and benefit during her life time and that all of my just debts be paid out of any money and personsl that may be on hands at my death.  And at the death of my wife Nannie I will and bequeath that all personal property be equally divided among all of my children an that the lands be divided among my children as follows;

Second.  Edgar shall have the tract including the home buildings to begin on the corner in the Tarwater and the Jenkins line in the old road, thence with old road and center of the hollow to the road leading from the house to

Will of M. Nelson Tarwater. Continued.

the public road, and with said road to the public road and the line of A.H. Tarwater, and thence with said line in a N.E. direction to cedar corner on top of the hill, and on with Tarwater’s line in a N. course to an ash corner, thence with the fence in a West course to the line of W.D. Jenkins, thence with same to the beginning.

Third, Charles shall have the tract described as follows: Beginning on an ash a corner to A.H. Tarwater, thence with said Tarwater’s line in a north course to W.E. Watson’s line thence with same to the line of G.F. Ownby, with same to the line Marion Reed with same to W.D. Jenkins line, with same to a hickory a corner to Jenkins and Reed and to the tract herein willed to Edgar, with same top of ridge and fence to the beginning, and also Charles and his representative shall a right of way for a road as the it runs, or at such place as may be agreed upon on by the parties interested, through the lands herein before willed to Edgar, to the public road, provided that said right of way may have gates or bars erected across it, so as to be easily opened and shut.

Fourth, Hubert shall have the tract described as follows: Beginning where A.H. Tarwater’s line crosses the public road near the culvert, thence with the line of A.H.

Will of M. Nelson Tarwater. Continued.

350

Tarwater in S.W. course crossing over the top of the mountain to the post oak, a corner to A.H. and J.R. Tarwater, and with J.R. Tarwater’s line to a pine corner thence streight down the hill to the creek at the old water gap, thence crossing botton and the public road at the drain pipe, and on up center of hollow in a north direction crossing through center of gap in the ridge, and streight down the hill to the south bank of the last old road on Edgar’s line, and with Edgar’s line to the beginning.

Fifth, Lula shall have the tract of land described as follows:  Beginning on the Jenkins rock corner in the public road, and herein before made a corner to Edgar, thence with the line of W.D. Jenkins as his line now runs, crossing the botton and the creek, and up the mountain to the line of J.R. Tarwater thence with the same to the Pine corner herein before made a corner to Hubert, thence with Hubert’s line to the south bank of the last old road at Edgar’s line, and thence Edgar’s line to the beginning.

     Witness my hand and seal this June, 5, 1916.

                                  M. Nelson Tarwater.


Will of M. Nelson Tarwater. Continued.

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

                                  J.A. Tarwater.

                        Attest

                                  Millard E. Tarwater

     Probated by the County Court of Sevier County, Tenn., on the 1st. day of Jan., 1917.

                             A.T. Marshall, Clk.

351


Will of S.B. Howard.

State of Tennessee )

Sevier County      )    I, S.B. Howard, being of sound mind, make this my last will and testament:

First, I will to my son Hugh L. Howard, all of my real estate, and my personal property, personal, consisting of horses, cattle, hogs, farming impliments, engine, mille, money on deposit, notes and accounts, and on condition that he (Hugh) maintain and support my wife Layra E. Howard in the manner in which she has been accustomed, or so long as she is my widow.

Second, My son Charles R. Howard, being of unsound mind, I will that Hugh Howard shall care for him and set aside a sum of money not to exceed Two Hundred Dollars ($200.00)

Will of S.B. Howard. Continued.

only at his (hugh’s) discretion, in case Charles chould become unruly or unmanageable.

Third.  That Hugh Howard is to pay my daughter, Birdie R. Howard, Four Hundred ($400.00) Dollars, within two years after she becomes twenty.one years of age,  In such sums as is convenient for Hugh to pay.

Fourth, That Hugh Howard is to pay my daughter Lillie M. Howard Four Hundred ($400.00) Dollars after she becomes twenty-one years of age, paying her one Hundred Dollars a year for four years.

Fifth, That Hugh Howard is to pay my doctor bills, funeral expenses and any other debts I may owe.

Sixth, I name Hugh L. Howard Executor of this my last will and testament.

     This January the 4th., 1917.

                                  S.B. Howard.

The foregoing will was signed in our presence by Testator.

Attest:   John Bogart

          Hobart Bogart.

Probated by the County Court of Sevier County, January, 22, 1917.

                             A. T. Matshall, Clerk.


Will of G.D. Snapp.

352

     I, G.D. Snapp 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 any and all other wills by me at any time heretofore made.

Item 1,  It is my will, and I direct that all of my just debts and funeral expenses be paid by my Executrix as soon after my death as can be conveniently done.

Item 2,  I will and bequeath to my wife Laura F. Snapp, should she survive me, all the personal property of which I may die seized and possessed, to be used by her as she may think best, she shall have the right to sell and dispose of the same, and apply the proceeds to the payment of my debts, or to the support of the family, or the education of our two children.

Item 3,  I will and bequeath all the lands that I may die seized and possessed of, to my wife Lauta F. Snapp, to be held and controlled by her, for and during her natural life, and she shall have the rents, profits and income from the same, and I will and direct that my said wife may sell and transfer by deed to be exeuted by her as my Executrix, so much of the lands herein willed as may be necessary to pay any debt that I may owe at the time of my death, should


Will of G.D. Snapp. Continued.

the money and personal property not be sufficient to pay the same.

     After the sale of said land by my Executirx, as herein provided, (if any is sold) I will and bequeath the remainder to my two children, Bart D.M. Snapp and Bertie Victoria Snapp, equally, subject however to their mother’s right therein for life as provided in this will.

     I further will that they may divide said lands equally between themselves, at any time after they are twenty one years of age, but, thay my son Bart D.M. Snapp shall have his part on that portion of the farm where the old John Snapp homestead is located if he so desires.

353

     It is my will and I direct that neither of my said children shall sell their interest in the land bequeathed to them by me, until after the death of my said wife Laura Snapp, except one of them may sell to the other.

     But I further provide that should one of my said children desire to sell their share or interest in the lands to some other person, they may do so by the consent of my said wife Laura F. Snapp and the other child, and all of them to join in the execution of the deed for the land so sold.

Will of G.D. Snapp. Continued.

Item 4,  Should either of my said children die, leaving children before they come into full possession and control of the land bequeathed to them their share in the land shall go to their child or children, and should either of them die leaving no children, his or her share to go to the survivor.

Item 5,  I hereby appoint my wife Laura F. Snapp my Executirx of this will, and she is authorized and empowered to execute this will, and administer my estate without bond, bond is by me waived and not required.

     All interlineations made before signing.

     Given under my hand on the 30th day of December, 1916.

                                  G.D. Snapp.

Signed in the presence of the undersigned subscribing witnesses who have this day signed same in the presence of the testator and in the presence of each other.

     This December 30, 1916.

                                  Z.D. Massey.

                                  James Ogle.

Probated by the County Court of Sevier County Tennessee, on the 7th. day of February, 1917.

                             A.T. Marshall, Clerk.

354

Will of S. J. Shrader.

     I, S.J. Shrader, do make this as my last will and testament hereby revoking all other wills be me made.

1st.  I direct that my funeral expenses and doctor bill be paid out of any money that I may die seized and possessed of.

2nd.  I give and bequeath to C.L. DeLozier of bed quilt (Washington’s Plume by name) also one cupboard.

3rd.  I direct that each of the three children of S.E. Delozier, deceased, have a bed a-peace, and pillows, and all the bed quilts, sheets and blankets, and all of my household goods and clothing that I own, or may have at my death, all of which to be equally divided between the three children of S.E. DeLozier, deceased, to Wit: Alton DeLozier, Ermey Lee and C.L. DeLozier.

4th.  I direct that any money that I may die seized and possessed of, be divided equally between the three children above mentioned.

5th.  I hereby appoint H.D. Bailey as my Executor to wind up and settle my estate, and he is hereby excused from making bond.

                                           her

                                      S.J.  X  Shrader

                                           mark

Will of S.J. Shrader. Continued.

     Signed in the presence of us subscribing witnesses, the 3rd day of January, 1917.

                   Witnesses:    W.R. Layman

                   Witnesses:    James H. Coffelt

     Probated by the County Court of Sevier County, Tennessee, on the 16th. day of February, 1917.

                                  A. T. Marshall, Clerk.