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Will of Henry Butler.

     The last will and testament made by Henry Butler.

     I, Henry Butler, of Sevier County Tennessee, being of moderate health and of sound mind and disposing memory, do hereby make and publish this my last will and testament, hereby revoking and making void all other wills by me at any time heretofore made, and especially one made on the 19th. day of February, 1895

First,  It is my will that all of my just debts, including my funeral expenses shall be paid out of any money or means on hand at my death, or which may come into the hands of my Executors after my death.

Second,  I will and devise to my son H.C. Butler my home place where I now live, covering what was originally

Will of Henry Butler. Continued.

several tracts, all lying in the 4th. Civil District of Sevier County Tennessee lying on the east side of the big East Fork of Little Pigeon River, adjoining the land of Rilman Robertson on the North, Maples and Wayland on the East, A.W. Butler and John Hodge on the South, and on the West by said River, said described tract includes about twenty (20) acres cut off from the Wayland place for timber to home place, another piece of about (25 or 30) twenty five or thirty acres, which I bought off the Maples land, the Clark Field and a part of a 50 acre entry which I got from David McMahan, known as the Feezel Tract of entry, a part of this last named 50 acre tract, I have heretofore given to my son A.W. Butler.

But this devise to said H.C. Butler is made on this condition and with this understanding:  That is to say, he is to take care of my wife Martha R. Butler, and give her a home and support as long as she lives, and it is understood that the old homestead and residence where we now live shall be her home as long as she lives, if she desires to remain there on the place, but should she survise me and desire to make her home elsewhere than at the old home, then she is still to have a compfortable and decent support from the said lands during her natural life and her support

Will of Henry Butler. Continued.

356

and care as aforsaid is made a specific charge on said lands and which may be enforced by here at any time necessary.  This devise further includes as a condition, reasonable care for myself, such as I might need during my natural life, from the said H.C. Butler.

     As a third condition on which said devise is made to the said H.C. Butler, he is to pay the following of my heirs the amounts herein named as follows:  Sallie Wayland my daughter, he is to pay Three Hundred Dollars, to A.W. Butler the sum of Three Hundred Dollars, to Belle Stuart my daughter the sum of Three Hundred Dollars.

These several sums are made charges on the lands herein devised to the said H.C. Butler, and may be enforced if necassary against him for the benefit of each.

If the said H.C. Butler should desire, by any arrangement between himself and the above named parties, or any of them, he may pay said sums at any time and take receipts therefor to protect him, this I leave to him.

Third,  I will and devise to my daughter Sallie wayland, wife of J.W. Wayland, the tract of land on which she now lives in the 4th. Civil District of Sevier County Tennessee, adjoining the lands of Umbarger on the North, Maples on the East, The Home Place devised to H.C. Butler in the last

Will of Henry Butler. Continued.

item, on the South, by Robertson and W.W. Emert on the West, containing about 160 acres, and includes part of the Maples Tract, used for timber up to a conditional line made between the home farm and this land, I especially reserve a road out of this land, throught what is known as the Boadly Field for the use of the Home Farm, I also reserve the privilage of water for the benefit of the Home Place and such right of ingress and egress as may be necessary, so as to do the least damage to the lands herein devised, and at the same time give reasonable convenience for the water aforsaid.

357

The said Sallie Wayland has been living on said lands for a long number of years, and it is my will that she shall account for no rents or profits for the same, but that she take it free from any such encumbrance.  I value this land to her the said Sallie Wayland at $1400.00 Fourteen Hundred Dollars I have given her in money heretofore advanced to her about Three Hundred ($300.00) Dollars, and the sum to be paid her by the said H.C. Butler will make the amount given her by me ($2000.00) Two Thousand Dollars.

Fourth,  I will and devise to my son the said A.W. Butler, One Thousand Dollars which I have already advanced to him, in the farm where he now lives, adjoining my home farm, but

Will of Henry Butler. Continued.

on which he is to pay no interest.  I also will and devise to said A.W. Butler my one half undivided interest in the G.W. Trotter Farm lying the 5th. Civil District of Sevier County, at or near Pigeon Forge, adjoining the lands of Pleas Trotter Heirs, F.L. Emert and Blair Land on the South, the river and Maty Trotter and Stott on the North, containing in all about (215) Two Hundred and Fifteen acres, I value to him this land at ($2500.00) Two Thousand and Five Hundred Dollars, and he is to pay to my daughter Belle Stuart the sum of Fifteen Hundred Dollars, and the rest I give him, to make him Two Thousan Dollars ($2000.00)  the same amount I have given to Sallie Wayland.

The Fifteen Hundred Dollars shall be a specific charge on said land, and be due and payable at my death, but should the parties themselves see proper to change the time and terms of payment they can do so.

I also include in what I gave to said A.W. Butler in the home farm a small piece of wood land for the benefit of said Home Place of his, containing something like 15 or 20 acres, and includes about six acres which I bought of atchley, this wood land is bounded by Red Maples, Tom Maples, and my Home Farm, and separated from the latter by a conditional line made by me, running up the Franklin

Will of Henry Butler. Continued.

Hollow with the branch or center, straight to the Tom Maples land.  This small tract I devise to said A.W. Butler, especially for the benefit of timber to his Home Place, and it is my will that he shall keep it and use it for that purpose, and should he see proper not to keep it and use if for said purpose, it shall then fall back to my Home Farm and become a part and parcel of it, and go with it.

358

Fifth,  I will and bequeath to my daughter Belle Stuart, the sum of Fifteen Hundred Dollars to be paid to her by my son A.W. Butler out of the land devises to him, as will be seen in item Four of this will.  Three Hundred Dollars to be paid to her by H.C. Butler, as specified in Item Two of this my will, and I have already paid her the sum of Two Hundred Dollars, which makes her Two Thousand, the same amount given to Sallie Wayland and A.W. Butler.

Sixth,  I will and devise to the Children of my deceased daughter, N.M. Wallace, to wit:  Ottie Wallace, Lula Lane, fermerly Wallace, John Wallace and Bertie Wallace, a tract of land located in the 4th. Civil District of Sevier County, Tennessee, adjoining lands of Webb, Ferguson, Seaton and Mitchell, containing 150 acres more or less, known as the Philip Roberts Farm, and I value this land to them at the

Will of Henry Butler. Continued.

price of Fourteen Hundred Dollars; I had given my said daughter the said N.M. Wallace, in her life time the sum of Six Hundred Dollars, which added to the value of the tract of land devised herein to her children makes them and her the sum of Two Thousand Dollars which it has been my purpose to give to and provide for all my children alike, making no difference or distinction among them up to this amount.

     Should any of said Wallace heirs desire to sell or dispose of their interest in said tract of land so willed to them, they may do so by giving receipts, or such other evidences of payment and transfer as they see proper, and when the money representing the purchase price, shall have been paid them, it is my will that their vendee shall stand in their room and stead in my Will, and receive the amount so devised to such one, I make this last provision because some or all of said Wallace Children, as they become of age, or afterwards, may wish to dispose of their interest in said land for money or other valuable consideration, rather than to hold on to the land.

Seventh,  I have valued the Home Farm where I now live to H.C. Butler my son, at Two Thousand Nine Hundred Dollars ($2900.00), which may be a little low, but it is charged

Will of Henry Butler. Continued.

with the support of my wife, should she survive me and he is required to care for and provide for both her and myself as provided in item two of this will; and this may be much or little, we cant tell.

359

Eighth,  It is my will that my Executors, as soon as practicable after my death, shall sell at public sale, all of my personal property then on hands, except such household and kitchen goods as my wife might wish to retain, should she survive me, and divide the proceeds equally among my four childred, viz:  Sallie Wayland, A.W. Butler, BElle Stuart and H.C. Butler I also direct that all money, notes or other choses in action on hands at my death, de divided equally among my said four children just above named in this item.

Ninth,  It is my will that my wife the said Martha R. Butler, shall have and control her own personal property, whether money, notes or other kinds, and dispose of it as she may see proper, it not being my purpose to in any way interfere with her property or her disposition of it.

Tenth,  I hereby appoint my two sons A.W. Butler and H.C. Butler as my Executors to execute and carry out this my last will.  And I specially waive bond, and desire that they not be required to give bond for this purpose, as I

Will of Henry Butler. Continued.

have confidence in them to do right and discharge their full duty as herein required of them.  All interlineations in the hand writing of the draftsman were made and read before signing.

     In witness whereof, I have hereunto set my hand in the presence of witnesses, on this 24th. day of February, One Thousand Nine Hundred and Two 1902.

                                  Henry Butler.

     We the undersigned parties, were specially called by Henry Butler to witness the foregoing instrument which he stated to us was his will, and he signed his name in our presence, and we both signed the same in his presence and in the presence of each other.  This the day and date above written.

                                  J.R. Penland

                                  A.M. Paine.

Codicil.

360

     I Henry Butler, being of sound mind and disposing memory and for reasons I deem good and satisfacorty to myself, hereby make the following change in and amendment to the foregoing will:  That is to say on page four and in item four of said will I devised a small tract of land containing about 15 or 20 acres and including about six

Will of Henry Butler. Continued.

acres which I bought of atchley to my son A.W. Butler, the description of said devise &c. begins in line 16 on said page 5 and ends in line 21 on same page, with the word Atchley, the same small parcel of land I now hereby devise and will to my son H.C. Butler, to go with his other lands on Home Farm and A.W. Butler Farm, which the said H.C. Butler has now bought, and I modify and revoke said part of said fourth item to this extent, and no further or otherwise.

     In witness whereof I hereto set my hand, on this 26 day of February, 1906.

                                  Henry Butler.

     We the undersigned were specially called as witnesses by said Henry Butler, who signed his name in our presence to said above codicil, and we signed same as witnesses in his presence on same day above shown.

                                  J.R. PEnland

                                  G.H. Wynn.

     The within will was probated by the County Court of Sevier County Tennessee, on the 21 day of Fenruary, 1917.

                                  A.T. Marshall, Clerk.


Will of James Roberts.

361

I James Roberts being impressed with the uncertainty of life and the certainty of death do make and ordain this my last will and testament.

Item first,  I James Roberts and wife Mary Roberts will have full control of all thier lands during thier life time and all thier personal property and at thier death I want the two girls that is now living at home, Margaret E. Roberts and Mary M. Roberts to be made equal in personal property with the two that is married.  I want the three girls now living Margaret E. Mary M. and N.N. Shepherd to divide the home lands equally between themselves and if they can’t agree they are each of them to pick a disinterested person to divide for them, and as Mary M. Roberts is not stout and cannot stand hardship like Margaret E. Roberts I want Margaret E. Roberts, if she out lives Mary M. to be well paid for all her trouble out of Mary’s part.  I want E.L. Maples to have the Snapp farm that she now lives on, 81 acres and if there is any personal property, after the two girls that is now single, at home is made equal, they are to sell it or divide it among themselves, all of them.  The said E.L. Maples is the have a road from the Snapp Lands to the big road leading to the Snapp Mill, this February the 3, 1897.

Will of James Roberts. Continued.

                                           his

                                      James X Roberts.

Wit. John Ogle.                            mark

Wit. J.J. Stott.

     I James Roberts make this change in my will, as Mary M. Roberts has died since the above will was wrote.  I want E.L. Maples to have about 4 acres of land for timber, on the divide on the ridge between the old farm and the Snapp Farm, which I will run off and mark out later on, I want the rest of my land to be equally divided between Margaret E. Roberts and N.N. Shepherd, I want Margaret to have the part that the buildings is on, this February 26, 1904.

                                      His

Wit. John Ogle                    James X Roberts.

                                      mark

Wit. J.J. Stott.

Probated by the County Court of Sevier County, March 20, 1917.

                                  A.T. Marshall, Clerk.


WILL OF Wm. SIMS.

362

Seviervill Tennessee.  Feb, 16,” 1917.

I, Wm Sims of Sevier County Tennessee, Do make and publish this my last will and testament.

Item 1.  I bequeath to my wife Lena., my fourth interest in my Mothers farm, if she remains my widow until my mothers death.

Item. 2.  I bequeath to my mother my big pair of mules, namely Bill and John, also all my farming implements, such as binder, mower, cultivator and plows, and others that might be mentioned, also one farm wagon.

Item. 3.  I bequeath to my wife Lena., My horse, saddle, bridle and blanket.

Item. 4.  I bequeath to my wife Lena, and mother, my buggy and harness.

Item. 5.  I bequeath to my mother my six young cattle.

Item. 6.  I bequeath to my wife Lena and mother, plenty of corn and hay to feed teh stock they now have on hands, if there be any surplus, to sell the same and divide the money equally.

     Lastly.  I hereby nominate and appoint mary Sims, my mother, sole executor of this my last will and testament.

In witness whereof, I have hereunto set my hand, this 16,” day of February, 1917.                   Wm. Sims.

WILL OF Wm. SIMS. CONTINUED.

Witnesses.

L.D. Robertson

J.J. Sims.

Probated by the County Court, March, 9,” 1917.

                                  A.T. Marshall, Clerk

363


WILL OF ISAAC. L. ANDES,.

I, Issac L Andes, by in good health, and having a sound and disposing mind, and knowing that all have to die, do make this my last will and testament, hereby revoking and making void all others heretofore made by me.

I,  I desire that all of my just debts, doctor bill and funeral expenses be paid out of whatever moneys that may be on hands.

II... I will and bequeath to my wife, Mary A. Andes a home stead and dower out of my realestate, and such personal property as is exempted by law.

III... I will and bequeath to my daughter, Sarah E Houk and her heirs, in addition to the lands conveyed to her by deed, a small tract of land adjoining her place,.  Beginning on a pine a corner to her tract, then a South course to a poplar, corner at the corner of the fence, then

WILL OF ISAAC. L. ANDES. CONTINUED.

with the fence a south east course to a pine, then with said fence a N.E. course to a pine, corner, then with said fence N.W. to a oak, still with said fence a West course to Gorman line, then with Gorman and the fence to the beginning.

IV... I will and bequeath to my son James M Andes one half interest in and to the tract of land, or the consideration therefor, conveyed to J.M. and R.B. Andes by deed, dated Nov. 23, 1909., as his entire interest in my estate.

V... I will and bequeath to my son Robert B Andes, one half interest in and to the tract of land, or the consideration therefor, conveyed to J.M. and, R.B. Andes by deed dated Nov, 23.” 1909., as his entire interest in my estate.

VI... I will and devise that my realestate be partitioned equally between William, John, George. W, Mary Andes, Virginia Wayland, and the heirs of M.A. Trotter, the said Trotter heirs getting a one sixth interest.

VII... I will and bequeath that the remainder of my personal property be sold, and the proceeds, and what money I may have after my debts and funeral expenses are paid, be equally divided between my wife, Mary. A., William, John George. W., Mary Andes, and Virginia P Wayland and the Trotter heirs.

WILL OF ISAAC. L. ANDES. CONTINUED.

364

VIII... My will and desire is, that if any of my heirs should bring suit to est aside this will, that they be disinherited, and their portion be distributed according to the spirit of this will.

I also appoint W.A. Andes as my Administrator.

Signed and sealed in the presence of the witnesses signed below.  This 7,” day of November, 1912.

                                      I.L. Andes.

Witnesses.    Jesse. Atchley.

              S.E. Atchley.

Probated by the County Court of Sevier County Tennessee. on the 14,” day of May, 1917.      A.T. Marshall. Clerk.

WILL OF ETTA MAPLES.

     State of Tennessee, Sevier County.

Know all men by these presents, That, I, Mrs. Etta Maples wife of P. Maples, being in exceeding bad health, but still strong in mind, and realizing fully that I may not live so verry long, do this day make my only and last will and testament.  To wit:  I am possessed of certain assetts, consisting first, of a (1/4) one fourth interest in a certain parcel or tract of three acres of land, lying in

WILL OF ETTA MAPLES. CONTINUED.

the State of California, and in San Diego County, situated in what is known as fairfield, near what is known as the scelt Works.  I am of opinion that the deed does not show my interest, but Mr. Maples will certify to my 1/4, personal interest in said tract or parcel of land, shown the deeds od record.

I also hold in my own name one note on my husband, P Maples for the sum of one hundred dollars, with its accrued interest, and at present I have on deposit in the Sevier County Bank, situated in the town of Sevierville, the sum of ($225.00.) two hundred and twenty five Dollars, on which I shall draw from time to time for my own use so long as I shall live, I am also carrying an insurance policy, on the American National Insurance Company, of Galveston Texas. for the sum of (#248.00.) two hundred and forty eight dollars, I am also possessed of certain household and kitchen furniture, on or in the premises where I and my husband now reside in Sevierville.  These are all my assetts so far as I know at present, except one watch, and some jewelry.

365

Now in case of my demise or death, my will is, that my interest in the said California property be disposed of to the best advantage to my estate.  That the said $100.00.

WILL OF ETTA MAPLES, CONTINUED.

note be collected and that whatever of the bank deposit should be left at my death shall be by my executor collected, (I may have to draw on said bank deposit during my sickness,) and my will is, that all these several matters or their proceeds be given or turned over to my son C.W Reagan, (except theproceeds of said policy.) who is at present serving in the United States Navy.

My will and wish is that mu husband, P. Maples keep for his own use all my household and kitchen furniture.

It is also my will and wish, that my hubsan to whom the insurance is made, be authorized to collect the sum of said policy, that from it he pay for all my funeral expenses, including a reasonably nice monument, and after all these expenses be met, he may keep all theremainder, (if any,) for his own persoal use and benefit.  I also appoint my husband, Mr. P. Maples executor of my estate, and he is hereby authorized and empowered to do, and wind up all my personal affairs, and I also allow that he shall not be required to make bond for the proper execution of my said will.  I am possessed of one nice ladies watch, and some jewelry and rings, I will these effects as a whole, to my son C.W. Reagan forever.  I have heard this will read and understand fully all of its contents, and I herewith sign

WILL OF ETTA MAPLES, CONTINUED.

it for all the purposes and intents therein contained.  This Feruary 10” 1917.

                             Mrs. Etta Maples.

Witness.  P.T. Haggard.

Witness.  James H Coffelt.

Probated by the County Court of Sevier County Tennessee, on the 26,” day of May, 1917.

                             A.T. Marshall

                             County Court Clerk.

366


WILL OF THOMAS H. KEAR.

     State of Tennessee, Sevier County.

I, Thomas. H. Kear, being of sound mind and of disposing memory, do make and publish this my last will and testament, hereby revoking all others heretofore made by me.

First... It is my will and I desire that my wife Charlota. Kear have at my death, my certain tract of land, lying and being on the waters of Middle Creek, adjoining the lands of Albert Ward, M.P. Thomas, and others, containing nine and nine tenths acres, it being the lands purchased from the said M.P. Thomas.  I therefore will and bequeath said lands

WILL OF THOMAS H. KEAR. CONTINUED.

to my wife Charlota. Kear, and her heirs, she having assisted me in paying for the same.

In witness whereon, I have hereunto set my hand and affixed my seal, this 31,st day of December, 1907., in the presence of M.P. Thomas and A.T. Marshall.

                                           his.

                                  Thomas. H. X. Kear.

                                           mark

The foregoing will was signed in our presence and acknowledged to be this last will of the teatator, Thomas H. Kear, and we signed the same at the request of the testator, and in his presence, and in the presence of each other, the day and date above written.

                                  M.P. Thomas.

                                  A.T. Marshall.

Probated by the County Court of Sevier County Tennessee. July 30,” 1917.          A.T. Marshall.  Clerk.


WILL OF H.G. UNDERWOOD.

367

I, H.G. Underwood being of sound mind and memory, and realizing the fraities of life, and the certainty of death, do hereby make and publish this my last will and testament, hereby revoking all former wills by me made at any time.

1,st.  I direct that all of my just debts, including funeral expenses, and a respectable monument to mark my last resting place be paid out of my personal estate, together with the expenses of administration.

2,nd.  I bequeath to my beloved wife Ida. M. Underwood, all the remainder of my personal estate, including stock, tools, household and kitchen furniture for her use and benefit so long as she remains my widow, and at her decease, or remariage, to be divided equally between my three children, viz, R. Ralph. Underwood, Allie. K. Huffaker and F. Don Underwood.

3,d,  I bequeath to my beloved wife Ida. M. Underwood during the term of her widow-hood all the realestate that I may die possessed of for her sole and separate use during such period, and at her remariage or decease, I direct that all of said realestate shall be divided between my two sons to wit: R. Ralph. Underwood, and F. Don Underwood in the manner hereinafter set out, said realestate having been transferred to me by two separate and distinct deeds, 1,st.

WILL OF H.G. UNDERWOOD. CONTINUED.

368

made by I N. Underwood, on the 24,” day of March, 1898, 2,nd, by O.L. Underwood on 31,st, day of August, 1909., deeds for which were registered in the Register’s office in Sevierville, Tenn. on the 31,st, day of January 1899, in book deeds Z. page 443, and on 14,” day of January 1911, in book 19” page 220 respectively.  Now I bequeath to my son, R. Ralph. Underwood the following tract, it being most of the tract transferred to me by O.L. Underwood, and bounded as follows: Beginning on an ash on the bank of Dumplin Creek, corner with Henry lands, and running with same, N.23.W.28 poles to a walnut, N.16.W, 43 poles to a stake in head of spring, N.60.E.47 poles to a stone near a house, corner with Huffaker, then a direct line something like same course to a stake, the same being an original corner in the deed made by I.N. Underwood to me, the same being corner No 9. in said deed, S.21.E 30 poles to a hickory, S 70. 1/2.W 8 poles and 17 links to a small black oak, S 21.1/2.E to a stake in Dumplin Creek, then down the creek as it meanders to the beginning.

I bequeath to my son F. Don. Underwood all the remainder of my real estate, which includes the lands transferred to me by I.N. Underwood, and the remainder of the lands transferred to me by O.L. Underwood, that is not included

WILL OF H.G. UNDERWOOD, CONTINUED.

in the description of the lands bequeathed to R Ralph Underwood.

Now I direct that for and in consideration of the above bequests, that R. Ralph. Underwood and F. Don. Underwood, shall each pay to my daughter, Allie K Huffaker, the sum of two hundred and fifty dollars, ($250.00.) each, said sums to be paid after they come into possession of said lands or real estate, and then no interest is chargable or collectable on the same.

     I hereby appoint R. Ralph. Underwood and F. Don. Underwood as executors of this my last will and testament, and they are hereby excused from making bond, or otherwise qualifying,.

I further direct that R. Ralph. Underwood shall have a right to pass in and out over lands bequeathed to F. Don. Underwood, by wagon or other means of conveyance, at or by way the present private road, from the public road to the point where said private road strikes the land bequeathed to said R. Ralph Underwood.

In witness whereof, I, H.G. Underwood have to this my last will and testament, subscribed my name.  This 21,st day of Feb. 1917.

                                  H.G. Underwood.

WILL OF H.G. UNDERWOOD, CONTINUED.

     Subscribed by the testator in the presence of each of us, and at the same time declared by him to be his last will and testament, and thereupon we at the request of the tstator, and in his presence sign our names hereto as witnesses.

This 21” day of Feb, 1917.            E.L. McCall.

                                      W.S. Underwood.

Codicil. No 1.

And I, H.G. Underwood, further make this my will, that my wife Ida Underwood shall receive in full the benefit of my Junior policy, made to me on Feb, 23.” 1909. and is numbered 34 in said order, and there is nothing to be construed in this will that will debar her from having the amount that said policy for, to be hers and to use for her own benefit, as she sees so to do.  This codicil made on this July 19” 1917.

369

                                  H.G. Underwood.

Subscribed by the testator in the presence of each of us, and at the same time declared by him to us, to be his codicil No. 1. and thereupon, we we at the request of the testator, and in his presence signed our names hereto as witnesses to this codicil, No. 1.

    

WILL OF H.G. UNDERWOOD, CONTINUED.

This July 19.” 1917.              E.L. McCall.

                                  W.S. Underwood.

Probated by the County Court of Sevier County Tennessee, on the 11” day of August, 1917.

                                  A.T. Marshall.

                                  County Court Clerk

WILL OF N.E. TROTTER.

I, N.E. Trotter, 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 heretofore made.

First.

It is my will, and I direct that all of my just debts and funeral expenses be paid out of such property as my be on hand at my death or that may be produced on the farm after my death, and my wife Mary. E. Trotter, should she survive me, shall have control of the disposition of such personal property as can be best spared from the family, to pay my debts.


WILL OF N.E. TROTTER. CONTINUED.

Second.

I will and bequeath to my wife Mary. E. Trotter, all the personal property of which I may die seized and possessed, and she is authorized to sell such of said property as she may think best to pay debts and funeral expenses.

Third.

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I will and bequeath to my said wife, Mary. E. Trotter, my lands, lying on Middle Creek, in the 4” Civil District of Sevier County Tennessee, and adjoining thelands of T.D.W. McMahan, L.D. Webb, and the Marshall lands, for and during her natural life, she to have the use, benefits and profits therefrom during her natural life, and at her death, said lands shall be sold, and the proceeds thereof equally divided among my children then living, and should any of them die leaving children, then the share of such deceased child or children, shall go to their children surviving them.

Fourth.

It is my will, and I direcy, that should my said wife die before my youngest child reaches the age of twenty one years, that said farm shall be kept and used for their support and maintenance, until the youngest child is twenty one years of age, and said land shall not be sold and

WILL OF N.E. TROTTER, CONTINUED.

divided among my childrenas herein above provided, until the death of my wife, or until my youngest child shall attain the age of twenty one years.

Fifth.

It is my will that all of my unmarried children, who desire to do so, may have a home with my wife on the farm, they to aid in making a support for the family.

Sixth.

I hereby appoint, E.O. McMahan, Executor of this will, and he is hereby authorized to carry out this will relative to the sale of the real estate, and he is authorized and directed to sell said lands herein above willed; to the highest and best bidder, on such terms as he may deem proper; said lands to be sold as herein above provided, after the death of my said wife, and my said children have all attained the age of twenty one years I authorize my said Executor to make deed to said lands, to the purchaser thereof, in as full and ample a manner as I could do, if living.  In case of the death of said E.O. McMahan, herein named as executor of this will, I hereby authorize the Quorum County Court of Sevier County, to appoint an Executor of this will, and when so appointed, and qualified, shall have as full power to execute this will as

WILL OF N.E. TROTTER, CONTINUED.

the Executor herein appointed by me.  Given under my hand and seal, on 20” of June, 1917.

                                      N.E. Trotter.

The foregoing will was signed in the presence of the undersigned witnesses, by the testator, and we each signed same in the presence of the testator, and at his request, and in the presence of each other, on this 20” day of June, 1917.

                                      J.B. De.Lozier

                                      R.A. Rambo

                                      T.D.W. McMahan,

Probated by the County Court of Sevier County, Tennessee, on the 15,” day of August, 1917.

                             A. T. Marshall.  Clerk


WILL OF WILEY GRIFFEY.

371

I, Wiley Griffey, of Sevier County, Tennessee, being of sound mind and disposing memory, do hereby make and publish this my last will and Testament, hereby revoking all other wills by me at any time heretofore made.

First.

I will and direct that all of my just debts and funeral expenses be paid by my Executrix out of any funds coming into her hands belonging to my estate.

Second.

I give and bequeath to my wife Eula. Belle Griffey, in her own right, all of my household goods and furnishings and personal effects and all my farming tools, implements and machinery and all the live stock, feed, grain and provisions and other supplies which I may have on hand at my death.

Third.

I give and bequeath all the rest and residue of my property, of whatsoever kind or character, and wheresoever located, both real and personal, which I may own, or which I may have power to dipose of at my death, unto my wife Eula. Belle Griffey, in trust, for herself and my child, Edith Griffey and any other children which I may hereafter have by my said wife Eula Belle Griffey; and I direct my

WILL OF WILEY GRIFFEY. CONTINUED.

372

said wife Eula Belle Griffey, as trustee hereunder, as soon after my death as practicable, to sell all of my personal property or real estate not already hereinabove disposed of and convert the same into cash.  And for this purpose I grant her full authority to sell said personal property or real estate in any manner or upon any terms that she may deem advisable, either at public or private (at the cose of the first page the following names are signed, Wiley Griffey. Witnesses. J.E. Newman, H.I. Smith, and M.G. Pollard.) sale, and to deliver possession of, and pass title to same, and to make all necessary conveyances to this end.  I further direct that my said wife, as soon thereafter as practicable, shall invest the said proceeds in the purchase of a farm to be occupied as a home by her and my said child or children, title to said lands to be vested in my said wife Eula. Belle Griffey, and in my daughter Edith Griffey and any other children that I may hereafter have by my said wife, in equal shares as tenants in common.  And my wife Eula Belle Griffey, as trustee hereunder, is given the sole and exclusive right to manage, control and operate said farm, and to use, expend and dispose of the proceeds thereof and of any other funds remaining in her hands after the purchase of said farm in

WILL OF WILFEY GRIFFEY, CONTINUED.

any way that she may deem proper or advisable and to the best interest of herself and my said child or children, until the said Edith Griffey or any other children that I may hereafter have by my said wife, becomes twenty one years of age, she not being required to report or account to any one therefor, and her discretion and action in these matters to be final and binding upon all parties concerned.

Fourth.

I hereby nominate my wife Eula. Belle Griffey as Exectrix of this my last will and testament, and direct that she be excused from giving bond as such executrix.

In testimony whereof, I, the said Wiley Griffey, having set my hand to this my will, contained in two sheets of paper, upon each of which I have also written my name, at my residence in Sevier County Tennessee, this 21,st, day of August, 1917.

                                      Wiley Griffey.

Signed by the said testator, Wiley Griffey, as his last will in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses.          J.E. Newman.

                                      H.I. Smith

                                      M.G. Pollard.

WILL OF WILEY GRIFFEY, CONTINUED.

Probated by the County Court of Sevier County, Tennessee, on the 27” day of August, 1917.

                                  A.T. Marshall. Clerk.

373


WILL OF J.M. RAMBO. DECEASED.

I, J.M. Rambo of Sevier County Tenn, being of sound mind and disposing memory, do hereby make, ordain and publish, this as my last will and testament, hereby revoking and making void any and all other wills by me heretofore made.

First:  I will and direct that all of my just debts, and funeral expenses be paid out of my estate, as soon after my death as can be reasoably be done.

Second:  I will and bequeath to my wife Ellen Rambo, all the property, both real and personal, that I may die seized and possessed of, to use and control for and during her natural life, she to have the income, rents or profits from the same for the support and maitenance of herself and family during her natural life, and at her death, I will that all the property belonging to my estate shall go to my children equally, to wit: to Muncy Rambo, Myrtle Rambo, Frank Rambo, Stanley Rambo, Lucy Rambo and Adis Rambo Hounshell, and should eitherof my children die before they

WILL OF J.M. RAMBO. DECEASED. CONTINUED.

come into possession of the property herein bequeathed to them, leaving children surviving them, then their share or shares shall go to their surviving children, and should any of them die witout issue, his or her share shall go to the surviving brothers and sisters, and and to the children of any deceased brother or sister.  Robert Hounshell and his wife Adis Hounshell, (who is my daughter has borrowed from Dr, P.E. Walker, the sum of $2100.00., for which I am surety for them, this money having been borrowd to invest in real estate, and was so invested; Now therefore should I, or my estate have to pay said note, or any part thereof, I direct that the amount so paid by me, or by my estate shall be charged to my daughter, Adis Hounshell, and shall be deducted from her part of my estate, the remainder of her share, if any, will be paid to her by my Executors.

374

Third.  Should any of my children desire to sell their interest in the real estate herein above willed, before the death of their mother, Ellen Rambo, I direct that they shall only sell their said interest to their brothers or sisters, as it is my intention and purpose, that my real estate shall be kept together, and remain the property of my family until the death of my said wife, Ellen Rambo, and should any of them sell to any of my other children, such

WILL OF J.M. RAMBO. DECEASED. CONTINUED.

sale shall be, and is hereby authorized by me, but any other shall be void.

Fourth:  I will and direct that my wife Ellen Rambo, may sell and convey a small tract or peice of land which I now own, known as the McPherson tract, containing about 60 acres more or less, it adjoins my other lands, and should she desire to sell same, the boundary to be sold by her shall be surveyed and plated out before sale is made, and I direct and authorize my said wife to execute a deed for same to the purchaser, and when such deed is made by her, as my widow, it shall be as binding in the conveyance of said tract of land, as if I should have made and executed same in my life time.

Fifth.  I hereby name and request, that my sons, Muncy and Frank Rambo, be appointed the Executors of this will, and should they desire to not qualify and act as Executors, then I nominate my nephew Robert. A. Rambo, as the Executor of this will, and he may act as such, in conjunction with my sons above named, or he may act alone as may be agreed upon by them.  The foregoing will was written from my dictation, and was read and explained to me before I signed same, and I fully understand the contents of the same, and the same is my true, last will and testament.

WILL OF J.R. RAMBO. DECEASED. CONTINUED.

Given under my hand and Seal, on this 2” day of August, 1915.

                                  J.M. Rambo. (Seal)

We the undersigne witnesses, signed this paper writing, as attesting and subscribing witnesses, at the special request of J.M. Rambo, the testator, and signed same in his presence and in the presence of each other, on the 2” day of August, 1915.               A.H. Love. (Seal.)

                                  R.D. Marshall. (Seal.)

Probated by the County Court of Sevier County Tennessee, on the 3,d, day of October, 1917.

                             A.T. Marshall. Clerk


WILL OF H.S. HARDIN

375

I, Harvey S. Hardin, Sevierville Tennessee, Rout, 5, being of sound mind and disposinf memory, do hereby make and publish this my last will and testament, revoking all other wills by me heretofore made.

Item. 1, It is my will that all of my just debts and funeral expenses be paid out of my estate as soon after my death as can well be done.

Item. 2, It is my will and I devise to my wife Mary Harden all of my estate, both real and personal, for her use and benefit, control and management during her life, should she survive me.  I give to her absolutely, a time deposit I have in the Bank of Sevierville, for $113.93.

Item. 3, All such portion of my personal estate no used by my said wife, I desire that in her life time at such times as she deems best, she shall give to my children in such amounts as she may deem proper and right, with this exception, my two daughters Mary Lawson and Susan Benson shall have the personal property, or proceeds thereof, remaining at the death of my wife, to the Amt, each of $125.00, but not in excess of that amount.

Item. 4.  I have heretofore paid for and procured deeds made to my son John Harden for the farm where he lives,


WILL OF H.S. HARDIN. CONTINUED.

known as the Fox farm, which amount so paid, I devise to him, except a note of $200.00 he owes me.

Item. 5.  I give and devise, at the death of my wife to my sons Wm. Harden and Jacob Harden for their lives, with remainder to their respective heirs, all of my home farm, except that portion North West of the following line, Beginning at a Post Oak stump in A.C. Romines line, then to the gap in farm road leading to New Era, thence to the branch at John McMahan’s line, which portion I desire sold, and the proceeds used first in the payment of debts if necessary, then divided equally among my children.

I hereby nominate and appoint Jacob Harden Executor of this my last will.  Witness my hand this November, 8” 1917.

                                      his

                             Harvey. S. Harden

                                      mark

376

Signed by the said Harvey. S. harden, as and for his last will and testament, in the presence of us, the undersigned, who at his request and in his presence have subscribed our names hereto as attesting witnesses, the day and date above written.                           A.C. Romines.

                                  S.M. Davenport


WILL OF H.S. HARDIN. CONTINUED.

Probated by the County Court of Sevier County, Tennessee, on the 1,st, day of December, 1917. A.T. Marshall.

                                      County Court Clerk

WILL OF PINK MAPLES.

Know all men by these presents, that I, Pink Maples, now nearly 70, (seventy,) years old, being in exceedingly bad health but perfectly clear in mind, do hereby make this my last will and testament:  That is to say, I am possessed of certain properties to wit: I own a 1/4. (one fourth,) interest in a small ranch, situated in San.Diego County California, laying in what is known as the Rayfield Addition, near the big salt works.  I also have a note of $780.00, (Seven hundred and eighty dollars, bearing interest from Oct, 1, 1917,.)  Same is deposited in a box in Sevier County Bank, I also have on deposit in Sevier County Bank, between $800.00. $900.00., (Eight and Nine hundred dollars,) on which I shall draw as necessaties requires, I own my deceased wife’s estate something like $125.00, (one hundred and twenty five dollars.), I also owe Red Ogle $70.00, (seventy dollars,) as Executor of the estate of my wife Etta Maples.

WILL OF PINK MAPLES. CONTINUED.

My will is that all debts be paid at my death, that all of my funeral expenses be paid out of said money.

My will is also, that a nice set of tomb stones be set at the head of my grave, not to exceed $40.00. (Forty dollars,) and that a set of tomb stones be placed at the grave of my wife Etta, not to exceed $25.00, (twenty five

dollars, also that a set of tomb stones be placed at the grave of my wife Florence, not to exceed, $15.00. (fifteen dollars,)

377

I wish to mention the name of J.W. Inman, the man to furnish the tomb stones.  Now after all these several debts have been paid, my will is, that the remainder be divided as follows I give to my sons Arthur G. Maples and Mell A Maples, all the interest I have in said California ranch.

I give to my son Mack Maples $10.00, (ten dollars,) I give to mymy friend Walker Maples $10.00 (ten dollars,) because of his goodness of heart.  Now my will is that whatever is left of my estate may be divided equally to my four daughters, and two sons, Julia East, Leah Gorman Belle Jones Josie Rogers, and James C. Maples and Sam Maples.

                                  Pink Maples. (Maker.)


WILL OF PINK MAPLES. CONTINUED.

Attest.

Mrs Hazel Maples.

Mr. J.C. Maples.

I suggest the name of H.D. Bailey when he shall have made sufficient bond.

The foregoing will was probated by the County Court of Sevier County Tennessee, on December 27” 1917.

                             A. T. Marshall. Clerk

LAST WILL AND TESTAMENT OF JOHN. R. LAYMAN

     State of Tennessee.  Sevier County.

I, John. R. Layman, of Sevier County Tennessee, being of sound mind and disposing memory, do make and publish this my last will and testament, hereby making void any and all other wills be me heretofore made.

First:  I will amd direct that all of just debts and funeral expenses be paid as soon after my death as convenient.

Second.  I will and bequeath to my wife Mae. C. Layman, should she survive me, the sum of One thousand, ($1000.00.) Dollars, to be paid her by my Executor, out of any money belonging to my estate.

WILL OF JOHN. R. LAYMAN. CONTINUED.

Third:  The remainder of my estate both personal property and realestate, I will and bequeath to my daughter, Lucile layman, which shall be paid to a regular and legally appointed guardian for her, should she be a minor at the time of my death.

378

I will and bequeath to my said daughter, Lucile Layman, the tract and lot of land that I own in the State of Florida, near Panama City, conveyed to me by St, Andrews Bay, Farm and Fruit, Co., and I direct and empower my Executor or Executrix, and the Guardian of my said daughter, Lucile Layman, to sell said realestate, and make deed to the

purchaser for the same, if in their judgment it is for the best interest of my said daughter to sell said real estate.

Fourth:  I hereby appoint my wife, Mae. C. Layman, Executrix of this will, and I direct that she shall not be required to give bond as such Executrix, bond being waived by me, should my said wife refuse to qualify as Executrix of my estate, I authorize her to nominate and name a suitable person as Executor for my estate, and direct that the Court appoint the person so named by her.

The foregoing will was dictated by me, and was reduced to writing on Typewriter, in my presence, and from my


WILL OF JOHN. R. LAYMAN. CONTINUED.

dictation, and was read and fully explained to me before I signed my name thereto.

Given under my hand and seal, on this 12.th, day of April. 1917.                           John. R. Layman.

The foregoing will was signed by the testator in the presence of the undersigned witnesses, who were specially called to witness the signing of the same by the Testator, and we signed same as witnesses in the presence of the Testator, and in the presence of each other, the Testator declared the same to be his last will and testament.

Signed on the 12” day of April, 1917.

J.S. Ballard.

R. D. Marshall.

Probated by the County Court of Sevier County Tennessee, on January. 10,” 1918.

                                  A.T. Marshall. Clerk


 

WILL OF SIDNEY R JONES.

379

     8--/.13-./.1917.   State of Tennessee, Sevier County.

I, Sidney. R. Jones, make this my last will and testament, My will is that all of my personal property, goods and chattels be sold at a sale, and out of the proceeds of

sale, I want my funeral expense and Doctor bills, and all expenses and debts paid, out of the remainder there must be a decent tomb stone put up to my grave, if there be any money left, it must be divided equally with my beloved husband, W.C. Jones’ heirs, also includinf Charles Roberts, a step-son of W.C. Jones.      Sidney. R. Jones.

Attest    W.R. Smith

          S.S. Watson

          George Atchley

(I will name my Executive, (Executor.) S.S. Watson, or G.R. Layman, in case Watson dont serve.)

Probated by the County Court, December, 27” 1917.

                                  A.T. Marshall. Clerk


WILL OF GEORGE BLALOCK

380

In the name of God, Amen:

The 27,” day of january, 1910., In the year of our Lord Nineteen hundred and ten, I george Blalock of Sevierville Tenn, R.F.D. No. 10.  Gentlemen:  Being through the blessings of God in a sound state of mind and memory, but calling to mind the frail tenor of life, and that it is appointed to all men once to die, do make and ordain this my last will and testament, that is to say, principally and first of all, I recommend my soul into the hands of Almighty God, who give it me, and the disposal of my body, I leave to the entire discresion of my friends, and with respect to my worldly estate, I give and bequeath and dispose of it in the manner and proportions here following,  First:  I give and bequeath to my dearly beloved wife Elizabeth, all of my property both real and personal, except one mowing machine that I want sold, either at public or private sale, which ever way they will bring the most money, also one set of black-smith tools, and a part of run gear of two horse wagon, but the black smith tools to be sold only at the option and discresion of my wife Elizabeth, and the proceeds applied to the payment of my debts, and I also will and bequeath to Samuel Wilson, my oldest son, one dollar in full of all his interest in my

WILL OF GEORGE BLALOCK. CONTINUED.

381

estate, to be paid to him by the Executor of this my will and testament, and after the death of my wife Elizabeth and the arival of my son George at the age of twenty one years of age, I will and bequeath my real estate to be sold at public sale, and the proceeds equally divided, or sold at public or private sale as the following named heirs may elect, and the money equally divided, and also my personal property that may be on hand at the time, except the household and kitchen furniture which is hereby willed and bequeathed to my wife Elizabeth, and the names of the heirs is as follows Mary Jane, the heirs of J.M. Dixon. (Elizabet, Anjaline. Frank Sam and Robert Dixon) the heirs of Henry Harison, (Maude, Liley, Fred, Rocksy and Roy.) J.R., W.W., M.E., R.J., S.E. and George. L., and I hereby appoint as Executor of this my last will and testament, my son William Walter Blalock, to execute this my last will and testament, and he the said W W Blalock not required to give bond for the performance of his duties.

This Nov. 14. day of Nov, 1915.

                                      George, Blalock.

Attest    J.A. Justus.

Attest    H. Hurst.

WILL OF GEORGE BLALOCK. CONTINUED.

Probated by the County Court of Sevier County Tennessee, on the 4” day of February, 1918.

                                  A.T. Marshall. Clerk

WILL OF JAMES A HUFF.

I, James A Huff of Sevierville, R.# 1. Sevier County Tenn, being of sound mind, and considering the uncertainty of life, do therefore make and declare this to be my last will and testament.

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

Second:  After payment of such funeral expenses and debts, I give, devise and bequeath unto N.J. Huff, my wife, all my lands, consisting of several small tracts, also all my personal estate, consisting of monies, 1/2, interest in a gasoline corn-mill and crusher, 1/2, interest in a corn planter, all the live stock on hand, one double foot plow, and one horse cultivator, all my carpenter tools, and all other farming tools, or any thing not mentioned herein that I own.

WILL OF JAMES A HUFF. CONTINUED.

Lastly:  I appoint J.A. Sutton to be Executor of this my last will and testament.  This 20” day of Dec. 1917.

                                      J.A. Huff.

Attest    J.E. Sutton.

          J.L. England.