Will Book 2 Pg 355-

355

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 19^th. 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 4^th. 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.

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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 4^th. 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.

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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 5^th. 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.

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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 4^th. 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.

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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 24^th. 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.

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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.

Probated by the County Court of Sevier County Tennessee. on the 7,” day of May, 1918.

A.T. Marshall. Clerk

382

WILL OF WILLIAM CLABOUGH.

I, William Clabough of Sevierville, Tennessee, R.F.D. #.1, and Sevier County., of feeble health but sound and disposing memory, do hereby make and publish this my last will and testament, hereby revoking all other wills and codicils heretofore by me made.

FIRST; I give and devise to my wife Louiza Clabough my farm on the waters of Walden’s Creek, in the 5” District of Sevier County Tennessee, to be her own during her natural life, and at the death of my wife, Louiza Clabough, it is my will that the farm be sold, and after the funeral expenses of my wife, and suitable tombstones be erected at her grave, it is my will that the proceeds be equally

WILL OF WILLIAM CLABOUGH. CONTINUED.

divided among my children herein named, Mitch Clabough, G.O. Clabough, Rachel Swann, Susan Umbarger Ida Nichols, and Julia Lyle. I name Susan Umbarger as one of my children, as though she was living, and I do this that it may be understood that her children are to take as one of my other children, that is to say, they are to have one sixth equally divided among the ones living.

Second: I bequeath to my wife one horse and buggy, and if I should have more than one horse at my death, my wife shall have choice of the horses. She shall have one milk cow: all the fowls: all the hogs that I own at my death. If there is any other live stock on my premises, it is my will that the same be sold, and the same be equally divided between my six children, and my wife, that is to say, they all share and share alike.

Third: It is my will that my children have all the bed clothing, bed steads, safes, tables, and chairs that I had at the time of my last marriage. It is my will that my wife have all the household goods that she now claims, and all that has been bought by my wife and myself since our marriage. It is my will that my wife have all the farming tools that I have at the time of my death.

WILL OF WILLIAM CLABOUGH. CONTINUED.

383

Fourth: It is my will that all of my debts be paid as soon as practical, and that my funeral expenses also be paid: that a suitable tombstone be erected at my grave, and that the same be paid out of the means on hands at my death, and after a years supportbe set apart for my wife, if there be any other property on hands that the same be equally divided among my children and their heirs.

Fifth: It is my will that I be burried in the Shilo Cemetry, and I especially request my heirs and children, that I be placed there.

Sixth: It is my will that the Court appoint an Administrator, with the Will annexed, and that said Court appoint a man who is not in any way connected or akin to my family.

In witness whereof, I have signed and sealed and published, and declared this instrument as my will, at the Office of Dr. S.W. Flanagin, in Sevierville Tennessee, on this the 24.” day of Oct, Nineteen hundred and sixteen.

his

William. X. Clabough.

mark

Attest to signature.

R.B. Robertson

S. W. Flanagin

WILL OF WILLIAM CLABOUGH. CONTINUED.

The said William Clabough at the office of Dr. S.W. Flanagin, in Sevierville Tennessee, on the 24.” day of October, Nineteen hundred and sixteen, signed and sealed this instrument, and published and declared the same as and for his last will and testament, in our presence, and we at his request and in his presence, and in the presence of each other, have hereunto written our names as subscribing witnesses.

W.C. Allen

S.W. Flanagin

Probated by the County Court of Sevier County Tennessee, on the 3.d, day of June, 1918. A.T. Marshall. Clerk

Sevierville: R. 7. March 13. 1918.

384

WILL OF MARGARET RUSSELL

I, Margaret Russell being of sound mind and good memory, yet realizing the uncertainty of life, do hereby make and publish this may last will and testament.

First: I will that all of my just debts be paid out of whatever property I may have on hands at my death, in cluding my burrial expenses.

Second: After my debts have been paid, all of the remainder of my property of whatever value and kind, shall go to my son A.G Waycaster, in consideration that he shall take good care of me through sickness and health during the remainder of my life. I appoint J.A Tarwater as a suitable person to execute this will.

her

Margaret. X. Russell

mark

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

Attest, A.L. Bryan

J.C. Webb

Probated by the County Court of Sevier County, Tennessee, on the 1,st, day of July, 1918.

A.T. Marshall. Clerk

WILL OF Wm Igle.

385

I, William Ingle, of Boyds Creek Tenn, do make and publish this my last will and testament, hereby revoking and making void and and all other wills by me at this time.

Item. 1. It is my will and I direct that all my debts and funeral expenses shall be paid out of any money or other personalty that I may have at my death, and paid as soon as possible after my death.

Item. 2. If any money or property is left after my debts is paid, it is my will that B.H. Ingle have all that I have, as compensation for services rendered during our lives, and for love and affection.

Item. 3. It is my will that B.H. Ingle take care of me and my wife Jane Ingle, during our lives, and see that our graves are marked by a monument, made to serve both graves, not to cost less than forty dollars.

Item. 4. I hereby nominate B.H. Ingle as Executor of this my last will. This September 28” 1915.

W.M. Ingle.

Attest

Geo. W Marine

Walter E Ballard.

Probated by the County Court of Sevier County Tennessee, July, 2,nd, 1918. A. T Marshall.

County Court Clerk

386

Will of Nancy J Valentine

I, Nancy J. Valentine, of Sevier County, Tennessee, do hereby make and publish this my last will and testament hereby revoking all former wills by me at any time made. First, I want and direct that my funeral expenses and all my just debts be paid out of my estate as soon after my death as can reasonably be made.

Second, I devise, bequeath, and give to H L Valentine all the rest and remainder of my estate of every kind, encluding notes, cash, Bank Deposits, and all my other property after paying my funeral expenses and just debts upon the condition that the said H L Valentine shall look after me and my business and shall see that I have necessary fuel, and shall have my writing done, or see that it is done when I need him to do so. Further, that he shall see that I shall have a decent burial after my death. I appoint John W McMahan, Esq., to carry out this will.

This Oct. 1, 1917.

(Her mark x.)

Nancy J. Valentine

We, the undersigned persons, hereby subscribe our names as witnesses to this will in the presenceof the testator and in the presence of the Executor and at her request.

Will of Nancy J Valentine. Continued.

This Oct. 1, 1917.

H D Bailey

S L Atchley.

Probated by the County Court of Sevier County, Tenn. Aug. 13, 1918.

A.T. Marshall, Clerk.

387

Will of William Smith.

State of Tenn. Sevier County.

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

FIRST, It is my will and I direct that all my just debts and funeral expenses be paid out of my personal property that may be on hands at the the time of my death, and i direct that the same be paid as soon after my death as convenient to do so.

SECOND, I have heretofore divided and disposed of all my real estate that I owned by deeds to my son Walker Smith and daughter Kate McCroskey and said deeds have been delivered to them for said real estate, and I hereby

Will of William Smith. Continued.

confirm and ratify said deeds and the terms and conditions thereof.

THIRD, I will and bequeath to my wife, Nancy Smith all the stock on hands and the houshold and kitchen furniture and all other personal property that I may die seized and posessed of not hereinafter disposed of by this will.

FOURTH, I will and bequeath to my wife, Nancy Smith, one thousand dollars out of any money, notes, or other cash items that I may have on hands at the time of my death. The remainder of my personal property, cash, notes, goods, and chattels, I will and bequeath to my son Walker Smith.

In witness whereof I hereto subscribe my name by mark, and under my seal of this 3, day of August 1918.

(his mark, X.,)

Attest A T Marshall. William Smith

Attest, T L Loveday.

The foregoing will was signed by the testator in the presence of the undersigned witnesses, who signed same at the request of William Smith, the testator, as witnesses, and we signed the same in his presence and in the presence of each other, on Aug. 3, 1918.

Will of William Smith. Continued.

T L Loveday

Attest, A T Marshall. R. C. Sims. (mark, X)

388

A T Marshall.

Codical to the foregoing will:

I, William Smith, do make this Codical, or addition, to the froegoing will. I hereby appiont my wife, Nancy Smith and my son Walker Smith, Executors of this will, this day made and they may act without bond. Bond being hereby waived. They may act jointly as Executors, or if either of them fail to qualify, the other may act alone.

This codical or addition is made on the same day of the foregoing will and is signed by me, but after two of the attesting witnesses had gone from my home the naming of the Executors of my will was overlooked by me until I had signed and acknowledged my will. I make this addition and sign same in the presence of A T Marshall the attesting witness hereto.

Given under my hand and seal on this Aug. 3, 1918.

(His mark, X.)

Attest, A T Marshall.

William Smith

Signed in the presence of the undersigned on the 3 of Aug. 1918. A T Marshall

389

WILL OF W. C. LARGE.

I, W C Large of Sevier County, Tenn. being of Sound mind and disposing memory do hereby make 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 my just debts and funeral expenses be paid out of my estate as soon after my death as can reasonably be done.

SECOND, I will and bequeath to my wife, Mary A large all the all the property, both real and personal, that I may die seized and possessed of, to use and control during her natural life, she to have the income, rents, or proffits from the same for the support and maintaneance 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: Charlie Large, Dora Delozier, Ida Henderson, Ashley Large, Nettie Large, Jennie Large, Ceicel Large and Ethel Large. Should either of my children die before they 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 without issue his or her share shall go to the surviving brothers and sisters and to the children of any deceased brother or sister.

WILL OF W. C. LARGE. CONTINUED.

In witness whereof I hereunto set my hand on this Nov. 26, 1917.

W. C. Large.

We, the undersigned parties, were specially called by W C large to witness the foregoing instrument which he stated to us was his will, and he signed his name in our presence, and we signed the same in his presence and in the presence of each other.

This Nov. 26, 1917.

T C Drinnen

W P Robertson.

State of Tenn.)

Sevier County.)

390

In addition to the above will which I hereby endorsed I desire and will that my wife, Mary A Large be made Executrix of this will and she be allowed to quallify without being required to make bond.

In witness whereof I have set my hand this Friday April 12, 1918.

W. C. Large.

WILL OF W. C. LARGE. CONTINUED.

We, the undersigned parties, were called as witnesses to the Codicil to this will, this April 12, 1918.

W W Montgomery

I M Mullendore.

Probated by the County Court of Sevier County, Tennessee, on the 26 day of August 1918,

A. T. Marshall, County Court Clerk.

Will of P.P. Seaton.

I, P.P. Seaton, of Sevierville, Tennessee, being of sound mind and disposing memory do hereby make and publish my last will and testament hereby revoking all wills or dispositions of my property heretofore made by me. It is my will that all my just debts be paid encluding my funeral expenses out of the first money that may come in to the hands of my Executor. I will and bequeath unto my wife, Mary V. Seaton, for and during her natural life, or as long as she remains my widow with remainder over to my children and their representatives equally, all of my estate real and personal, including additions thereto between now and my death. The real estate hereby specially devised to my said wife is a house and lot located in the town of

Will of P.P. Seaton. Continued.

391

Sevierville, on Cedar Street bounded on the North by said street, the East by Mrs. Wade, the South by Priscilla Seaton, and the West by T.J. McClure, I have heretofore made a warranty deed, with reservation of rents and proffits during my natural life to my four children, viz: John A. Arthur A. Charles P. and Priscilla Seaton, to my home farm on West Fork of Pigeon River adjoining Massey, King, Rambo and others, which I deem a fair division for them with what I have already helped them especially as my said wife has joined in said deed in relinquishment of her homested and dower rights therein. I also give to my wife my interest in store house and lot on Cross Street in Sevierville now used as a harware store to be used by her during her natural life and widow how as aforesaid, with remainder over to my children equally. I hereby nominate and appoint My said wife, Mary V. Seaton, and my son John A. Seaton, as my Executors to carry out the provisions of this will. In witness whereof I have hereto signed my name in the presence of attesting witnesses called for that purpose by me on this 6 day of May 1903.

P.P. Seaton.

We the undersigned were specially called by P.P. Seaton to witness his signature to the foregoing instrument which he

Will of P.P. Seaton. Continued.

stated to us was his last will and testament and we attested said instrument by siging our names thereto in the presence of said P.P. Seaton and in the presence of each other on the day and date above written.

Attest. J.R. Penland

Attest T.M. Wynn.

CODICIL:

I, Pinkney P. Seaton, being of sound mind and disposing memory hereby make the following amendment and change in my foregoing will heretofore made and signed. The vacant lot deeded to my daughter Priscilla Seaton, now Martin, adjoining my house and lot in Sevierville, willed and devised heretofore to my wife, Mary V. Seaton, I have since bought from my said daughter and I hereby will, devise said vacant lot to my said wife for and during her natural life with remainder over to my children and heirs at law. Said vacant lot is bounded on the north by my said house and lot, on the East by H.D. Eckle, on the South By Prince St., and West by Z.D. Massey, This Oct. 10, 1905.

P.P. Seaton.

We, the undersigned, were called as witnesses to the foregoing Codicil, by said P.P. Seaton, and signed same in

Will of P.P. Seaton. Continued.

his presence and in the presence of each other at his special request on the day it bears date.

J.R. Penland

T.M. Wynn.

The foregoing will was probated by the court of Sevier County Tennessee, on the 26, day of August 1918.

A.T. Marshall, Clerk.

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Will of Dicie Powell.

Sevierville Tenn. Sept. 5, 1918.

I, Dicie Powell, being of sound mind, make this my last will and testament. I give devise and bequeath at my death to my sister Lillie Pierce my interest in land now owned by my father and mother, located in 10^th district of Sevier Co. also my personally property, consisting of silver ware, dishes & so forth, also four land notes, of $100 each that I now hold against D.C. Long of Pening Gap, Va. I appoint W.T. Pierce of Sevierville Tenn. my exuctor of this will.

Will of Dicie Powell. Continued.

Witness my hand and seal this Sept. 5 1918

her

Dicie X Powell (L.S.)

mark

Signed, Sealed, published and declared as and for the last will and testament of Dicie Powell, the above named testatroix in the presence of us, who in her presence and at her request, and in the presence of each other have hereunto subscribed our names, as witnesses

her

Mrs Lilla X Parton

mark

H.T. Baker

J.P. Rogers

Probated by the County Court of Sevier County, Tennessee Sept. 12, 1918

H.D. Bailey Clk

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Will of W.A. Caemichall

STATE OF TENNESSEE,

SEVIER COUNTY.

This indenture made this the firstday of March 1915

That whatsoever property real or personal after the death of myself and wife Sallie Carmichall shall be sold and all

Will of W.A. Caemichall. Continued.

of our obligations settled in full the remainder is to be divided equally between our lawful heirs the oldest son living at the time of our death to be Administrator of what we have the said Administrator to sell at private or public sale and distribute the same according to the condition set forth in this instrument after deducting the little expense for doing the same therefrom

Signed W.A. Carmichael

The undersigned attesting witnesses signed the foregoing will at the special request of the testator W.A. Carmichael, and in his presence and he stated to the witnesses, that he signed said will by writing his name thereto on the day it was dated, and he now states in our presence that the said will is his only, true last will and testament and requests us to witness same as such.

This Nov 1916.

Elijah R Cate (seal)

Charlie Furgerson (seal)

State of Tennessee, ) ss

Sevier County. ) Personally appeared before me E.L. Shepherd a Notary Public, in and for said County, the within named person W.A. Carmichael with whom I am

Will of W.A. Caemichall. Continued.

personally acquaited, and who acknowledged that he executed the within instrument for the purpose therein contained.

Witness my hand and official seal, at office in Sevier County on this the 25 day of March 1915 A.D. nineteen hundred and fifteen.

E.L. Shepherd Notary Public.

Probated by the County Court of Sevier County, Tenn., Oct 3, 1918. H.D. Bailey Clerk.

394

WILL OF W.H. PITNER.

Seymour, Sevier County, Tenn.

May 27, 1918.

I W.H. Pitner of Sevier County Tenn. being of sound mine and memory do make publish and declare this to be my last will and testament that is to say (I) I will to my wife Hannah Pitner twelve hundred dollars worth of land including the buildings as long as she remains my widow she cannot sell or dispose of the said property. If my wife fails to comply with paragraph one it then falls to my son James Pitner, at my wife death this property then falls to James Pitner, at James Pitners death it then falls then to

WILL OF W.H. PITNER. CONTINUED.

Secil Pitner and John Pitner, should Secil Pitner die without any heirs his title then shall pass to James Pitner & John Pitner, should John Pitner die without any heirs his title then shall pass to Secil Pitner and James Pitner.

Section No. 2. I W.H. Pitner on the 2^nd day of July 1918, deeded all my realestate to my wife Hannah Pitner and three sons James Pitner, Secil Pitner, and John Pitner.

Sec 3. Neither one of the above names can sell and dispose of said property. This being my whole farm I now Live on situated in dist No. 10 of Sevier County, Tenn.

Sec 4. I will and bequeath to my four girls Rena Ann Pitner Bell Pitner, Neva Pitner and Zac Pitner five hundred dollars apiece out of my personal property when they become twenty one years of age.

This being all I intend the above names to have out of my property.

Sec 5 I will and bequeath to my son Marshall Pitner his Doctor bills which was $135. and his Nurse bills which is $200. dollars all of which I have paid out I also will him $365 dollars more making him a total of $700 dollars, this being all I intend him to have.

WILL OF W.H. PITNER. CONTINUED.

Sec 6 I will to my daughter Mary Bales one hundred & fifty dollars to be paid out of my property. This being all I intend her to have out of my personal & realestate property.

395

Sec. 7. I will wife three hundred dollars out of my Woodman and Junior loge. I also will to my seven children one hundred dollars apiece out of the Thousand dollars that will fall into my wife hands at my death Renie ann Pitner Bell Pitner Secil Pitner Zac Pitner James Pitner Neva Pitner and John Pitner. This to be paid when they become twenty one years of age.

Sec. 8. My will is my seven children remain on this farm until they are twenty one years of age or mary then they sease to have any controll of farm if any of the above named boys or girls die then their part then falls to those who are living.

Sec 9. The children is to use the rents except enough to keep up the farm and pay the tax until the youngest child is twenty one years of age. If any of my above named heirs try to break this will they shall be disinherted of my entire estate.

Sec 10. Possessing abiding confidence in the honor and entegrity of my brother John Pitner I hereby name and

WILL OF W.H. PITNER. CONTINUED.

appoint said brother as executor of this my last will and testament without bond charging him with the duty of administering my estate in accordance with the provisions herein contained. In witness whereof have unto set my hand to this my last will and testament consisting of two page of writen paper on the day and year first above writen.

Sec II. I hereby ask my executor John Pitner to pay twenty five hundred and fifteen dollars to my said heirs and the remainder to my son James Pitner.

his

W. X H. Pitner

mark

W.A. Graves Hannah Pitner

Witness

J.O. Spangler.

Probated by the County Court of Sevier County, Tennesse, the day of 1918.

Clerk

396

LAST WILL OF Wm. NORTON

I, William A. Norton of Sevierville Tenn, Rout #5 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.

WILL OF Wm. NORTON. CONTINUED.

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

Item II. It is my will and I hereby, give, divise and bequeath to my son O.F. Norton all of my estate, both real estate and personal property of every kind, the title to be vested in him in fee except that said O.F. Norton, when he is twenty one years of age shall pay his brother Geo. C. Norton $300.00 without interest said amount to be paid within three years after said O.F. Norton shall have attained his majority.

Item III. In the event my wife Mollie Norton should recover her mind and come home my said son O.F. Norton shall care for and support her during her life and allow her to reside with him on the farm.

Item IV. The reason I devise all my estate to my son O.F. Norton is in consideration of his faithfull nursing and careing for me in my illness, which my son G.C. refused to do.

Item V. I appoint my brother John F. Norton Executor of this my last will.

WILL OF Wm. NORTON. CONTINUED.

Witness my hand, this October 9” 1918.

his

Wm A. X Norton

mark

The foregoing will was signed by the Testator Wm A. Norton by mark in our presence as and for his last will and testament, and we, in his presence and in the presence of each other, and at his request have subscribed our names as attesting witnesses on the date above written

J.B. Delozier.

Geo L. Zirkle.

Probated October 28^th, 1918.

H.D. Bailey Clerk.

LAST WILL OF W.L. SPICER.

397

I, W.L. Spicer, hereby, make my last will and testament, hereby revoking all former Wills by me at any time made, to wit:

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

Second- I give and divise the use, benefits, rents and profits and controll of my home farm where I now live, to my wife, Marget Spicer, for and during her natural life, provided she shall not remarry. If she sall remarry her right to said land shall at once cease. The said land lies in the 15^th Dist. of Sevier County, Tenn., and contains 77 acres, more or less, and is adjoined by Elija Flynn, Russell lands, Jess Hodges, and possibly others.

I give my said wife all my farming tools and stock, cattle, horse stock, and hogs, and all household good, furniture of all kinds, all my property in the house and kitchen used for living purposes. I give my said wife $500.00 to be collected out of my notes.

Third- I give my daughter Myrtle Spicer Hamstead, My Mitchell farm, about 77 acres, in the 15^th Dist., of Sevier County, Tenn. And is adjoined by Geo. Murrell, Judson Caughon, Maud Flynn, and Walter Lafollett. I also give my

LAST WILL OF W.L. SPICER. CONTINUED.

said daughter, Myrtle, my stock, surplus and profits there from in the Sevier County Bank, par value $100.00

Fourth- I give to each of my children to wit: W.T. Spicer, Columbus Spicer, Myrtle Spicer Hamstead, Lula Spicer Connatser, Charley Spicer, Roscoe Spicer, Sarah Spicer Parrott, and Minnie Spicer Caughon, each $1000.00

Fifth- I want my son W.T. Spicer to collect all the remainder of my personal property of all kinds and use the same with out interest, until he gets out of debt, as he is in debt some now. And then to divide same equally among my eight children above named. I mean after all expenses are paid in collecting and settling my estate.

398

Sixth- After my wife is through with my home farm as aboved provided herein I give it to my said eight children, above named, equally. I hereby appoint and nominate A.M. Paine, as my Executor to carry out this my last will.

This Oct. 8, 1918.

W. L. Spicer,

We the undersigners subscribed our names here to as witnesses to this Will at the request of the Testator and in his presence and in the presence of each other.

LAST WILL OF W.L. SPICER. CONTINUED.

Oct. 8, 1918.

A. W. Newman,

A. W. Roberts.

Probated by the County Court of Sevier County, Tenn., on this the 2^nd and 3^rd days of Dec. 1918, and filed

This Dec. 3, 1918.

H.D. Bailey Clerk.

My Will.

399

(I) W.Y. Henderson of Sevier County Tennessee, do make and publish this my last will and Testament, hereby revoking and making void any and all other will’s, by me at any time, heretofore made.

ITEM-Ist; (I will and direct that my funeral expenses and all my just debts that I may owe, at the date of my death, be paid out of any monies on hands, or in bank, to my credit, at the date of my death or that may first come to the hands of my executors belonging to my estate.

Item-2^nd; (I direct that the exemptions allowed by law and a years support, as provided by Statue in Tennessee, be set apart to my beloved wife, Mary McHenderson, should she survive me, and that in lieu of homestead and dower, and in lieu of her claims or rights to share in my personal estate, under the Statues of Tennessee, and in full of all her demands against my estate, as my Widow, should she survive me, I will and direct that she be allowed to retain her home and residence where we now live and have full, exclusive and complete control of the residence and all the out buildings she may need, or desire, situated on our home farm, and I direct that my executors take posession management and control of said home farm, and my Middle Creek farm in connection with my said wife and manage both of said farms for her use and benefit, renting these farms, or such portions thereof as they may think best, or having the same, or such portions thereof cultivated, as they may deem best, for the use and benefit of my said wife, Mary Mc Henderson, and I will and direct that she she shall have for support and maintenance the proceeds of these two farms, or so much thereof as she may desire for her support and for her care, maintanance, medical bills nursing and any and all other expenses she may incur, for and during the term of her natural life, arwidowhood, and after the death that her funeral expenses, Medical bills and any just debts that she may owe at her death, be paid, and a nice and suitable monument be erected at her grave; she is also, to have all the notes now held in her name, or so held at the date of my death, and any and all money she may have on

400

hands, or deposited in bank in her own name, she is also to have the poultry, farming tools and utensils of every kind on hands at my death, and all the household and kitchen furniture, beds and bedding, table ware, silverware, and all the articles used in our home, the buggies, wagons and other farming Implements, tools and machinery, and all the books, pictures, carpets and other useful or ornamented articles she may desire to keep in our home, of any character or kind so ever, for her use and comfort, and I direct that my home farm and my Middle Creek lands, or farm, be not sold until after the death of my said wife.

Item, 3^rd; (I direct my executors to sell all my live stock on hands at my death, except what goes to my widow, should she survive me, and dispose of any other personal property I may have on hands at my death, not set apart to my widow under the provisions of my will, and to collect all my nots and accounts due me; and sell all my real estate out side of my home farm and my Middle Creek farm, and to reduce all my estate, not otherwise disposed of in my will, to cash, as soon as they conveniently can do so without a sacrifise of any of said property by undue haste; My Executors are authorized to fix the terms and times of sale as they may deem best for my estate, and they are authorized to sell all my real estate, except my home farm and my Middle Creek farm, either at public or private sale, as they may deem best for my estate, and for cash, or on such terms and time payments as to them may seem best for my estate, and to collect up all notes and accounts due them for any of my property, real or personal, that is sold by them, and my executors are fully authorized and empowered to make deed, or deeds, to any and all purchasers of any of my real estate, at any time sold by them under the terms of this will, either before, or after the death of my wife, and to put the purchaser in the exclusive peacable posession of any lands sold to them by my executors under the provisions of my will.

401

Item, 4^th; (I give and bequeath all my property, not otherwise disposed of in this will, to my surviving children, and descendants of my children, share and share alike, the The decendants of any of my children to take their parents share in my estate, except as hereinafter modified and changed, That is to say, I desire that my sons G Mc Henderson, and G. E. Henderson and my daughters Sallie E. McMahan, Nan M. Atchley, and Mollie J. Hammer, each have one child share in my estate, and the DR J. Victor Henderson, and Leona M. Brown, formerly Henderson, the children of my deceased son, Dr. J.A. Henderson have divided equally between them the (one) share of their deceased father in my estate, and I will and direct that my grandson W. Turney Fox, should he survived me, and be still living when a division of any estate is made by my executors under the provisions of my will, shall have the (I) share of his deceased mother, my daughter, C.V. Fox, in my estate, but should my Grandson W. Turney Fox die before my death or before a final distribution is made of my estate by my executors, then in such an event, the portion of my estate herein bequeathed to him shall revert to my estate and shall not go by descent, under the inheritance laws of this State; or otherwise to his father J.N.G. Fox, it being my will that “Turney” Fox, -shall have his mothers share in my estate, if he survive me, and is still living when a final distribution is made of my estate, but that in no event shall it go to his father in the event of the death of my said Grandson Turney Fox without him being married, or without him leaving a wife, and bodily heirs to take his share in my estate after his death, and to carry out my purposes and will as to said share so given to W Turney Fox, I hereby set the same apart as a trust fund in the hands of my executors to be held by them in trust for the use and benefit of W. Turney Fox, until he is twenty one (21) years of age, my executors to loan out said fund and collect the interest on same, and to use the interest in the Education and support of said W. Turney Fox, but not to pay the principal over to him, or to his Guardian, until said W. Turney Fox, shall a arrive at the age of twenty one, (21) years, when said funds so arising from his mothers share in my estate, so bequeathed to him, shall be paid by my executors to my Grandson W. Turney Fox, should he then, be living, or to his bodily heirs, his children, should he then be dead leaving such children and bodily heirs, but if he should die before receiving his share of my estate as herein provided, without having been married,

402

and without leaving a child, or children, then his share in my estate, so bequeathed to him, and so to be held by my executors in trust for him shall revert to my estate, and shall be divided between the others legates and distributes under this my will, should said W. Turney Fox, die before he receives his share, under the provisions of this will, and leave a child, or children to take his estate, under the laws of inheritance in this state, such child, or children, shall have the share so bequeathed herein to said W. Turney Fox.

I had fully paid and advanced to my son W.W. Henderson, deceased, his full share in my estate before his death, and I expressly disinherit and cut off from all participation in my estate any and all persons whomsoever claiming to be heirs at law, next of kin, children, Widow, executors, administrators or assigns of my said Son W.W. Henderson, deceased, and I more especially disinherit and cut off from any share in the division and distribution of my estate, the child of my said son, borned while he lived in Texas by his second wife, it being expressly here stated that I do not desire this child to have any share in my estate, for reasons which I do not wish to herein State, in addition to the reason already stated that I had fully advanced to W. W. Henderson his full share in my estate before his death.

In the event my son Grant E. Henderson, should die before my death, I will and direct that his share in my estate be paid to his children by his second wife and by his present wife, and that Earnest Henderson, a son by Grant E. Henderson’s first wife, shall take no share or part in the distribution of my estate except that I will, give and bequeath to said Ernest Henderson, the sum of five dollars, in full of any and all sums or interest he may have in any event, or in the happening of any contingency, in my estate.

403

Item, 5^th; After the death of my wife, should she survive me, or in the event of her death before I die, I direct that my esecutors sell my home farm and my Middle Creek farm at public sale to the highest bidder, who shall comply with the terms of sale, selling these two farms separately and then selling them together, and that they adopt the sale which will bring to my estate the most money. I authorize my executors to fix the time and terms of sale as they may think best for my estate, and they are expressly authorized to make deed or deeds to the purhcaser or purchasers and put him, or them into exclusive, peacable possession of said lands so sold, and after collecting up the proceeds of said sales, and after selling and disposing of any personal property left to my wife, and not used or disposed of by her, and after realizing on any assets, or property, left by her to be disposed of under this will, paying her debts, funeral expenses and for her monument to be placed at her grave, and all costs of carrying out the provisions of this will, as hereinbefore directed, I will and direct that my executors make a final division and distribution of my estate, according to the terms of my will as herein before expressed equalizing all my children and distributees, share and share alike in my estate as herein named, and in the manner, and upon the conditions and contingencies herein expressed, in the event of the death of my son, G. Mc Henderson, before my death, or either of my daughters, Nan M. Atchley, Sallie E. McMahan, or Mollie J. Hammer, before my death, I direct that the share hereinbefore bequeathed to either of my children first named, be distributed and paid by my executors to the child, or children of such an one of my said children, as may die before my death.

Item, 6^th; I expressly provide that none of my children, distributees, or heirs at law, shall sell, transfer or assign his, or her share, in expectancy, or his or her share under my will, or under the inheritance laws of the state, in my estate, real or personal, before my estate is settled and wound up and distribution made under the terms of my will. And in case any one of my children, or heirs at law, or distributees, sells, or attempts to sell, transfer, or assign his, or her share in my estate, before final distribution and winding up of my estate by my executors, such sale, transfer, or assignment or attempt to sell, transfer, or assign such share in my estate, shall operate and be treated as a complete forfeiture of any and

404

all right of such an one to share in my estate, either under my will, or under the laws of inheritance in this state, and any child, or heir at law, so disposing of or attempting to dispose of his, or her interest in my estate, is hereby, upon the happening of such a contingency or event fully and completely cut off and disinherited from sharing in the distribution of my estate, in any manner, and to any extent whatsoever, and the share, or shares of such an one will revert to my estate, and be distributed among my other distributees.

Item, 7^th; In case any of my children, heirs at law, or distributees under this will, or any one who would be an heir at law under the inheritance laws of this state, contests opposes, or resists the execution of this my last will and testament, or tries to set aside, or offers, or attempts to contest and set aside my will, in any particular, I hereby expressly will and provide that any such child, heir at law, or distributee, shall, by such act, or acts fully, absolutely and completely forfeit any and all rights to share in any distribution of my estate, either under my will, or under the inheritance laws of this state, and his, or her share shall revert to my estate, and be paid out and distributed by my executors to my other children and distributees under, and in accordance with the provisions of this will.

Item, 8^th; I hereby nominate and appoint G McHendeson and I. C. McMahan executors of this my last will and testament, and having great confidence in their judgment and integrity, and knowing them both to be perfectly safe and solvent and that my estate will be entirely safe in their hands without the formality of any bond, or bonds as executors, they are excused from giving any bonds as executors of my estate, and of my last will and testament, and I direct that they be allowed to fully carry out the provisions of this will, and wind up my estate, without bonds, and I further expressly authorize and provide that either of my executors who may desire to do so may bid and become purchasers, at any sale of my personal, or real property, made at public auction.

405

In testimony whereof I have, to this my last will and testament, set my hand and subscribed my name, in the presence of these attesting witnesses, on this 28” day of November, 1911.

W. Y. Henderson.

We, the undersigned subscribing witnesses to the foregoing last will and testament of W. Y. Henderson, have hereunto subscribed our names as subscribing witnesses to his will, in the presence of the testator, W. Y. Henderson, and at his request, and in the presence of each other; and the said W. Y. Henderson has in our presence, signed, executed, published and declared this paper writing and will to be his only true, genuine and last will and testament on the day if bears date, and on the same day we sign the same in his presence, and at his request, as subscribing witnesses, and on the day it bears date. This 28 day of November, 1911.

1. J. S. Ballard Subscribing witness.

2. R. D. Marshall Subscribing witness.

3. Victor C. Stafford Subscribing witness.

CODICIL.

I, W. Y. Henderson, of Sevier County, Tennessee, having heretofore made and published my last will and testament which bears date Nov 28, 1911, do make and publish and declare this codicil thereto to wit:

First. Since said foregoing will was executed by me on the day it bears date I have paid and advanced to my daughter Mollie J. Hammer as gifts and loans her full share of my estate and the devisees in my said will of Nov. 28, 1911, to my said daughter are hereby revoked and she will take no further interest in my estate whatever, except that at this date I hold certain notes against my said daughter, and possibly some notes signed by Mollie J. & J. M. Hammer all of which notes I cancel and direct my executors to surrender said notes. My said daughter Mollie J. Hammer has been full paid for any and all services heretofore rendered to either myself or my wife so that there will be neither claim, or inheritance, or devise going to my said daughter under my will or in any other way.

406

Item 2; Since my said last will was written & executed by me, changes have occurred in my family so that I now will and direct that if at my death any of my children should be dead and leaving no living issue, then, and in that event the share of such child or children shall revert to my estate to go equal to the devisees therein provided for except that my daughter Mollie J. Hammer shall take no interest in any sum that may so revert.

Item, ; My son Judge G. McHenderson having recently died I hereby nominate and appoint as co-executor with I. C. McMahan, my grandson C. M. McMahan.

In witness hereof I have hereunto subscribed my name on this Jany 23^rd, 1918, and declare said foregoing will and this codicil thereto to be my last will and testament and cause same to be attested as shown below.

W. Y. Henderson.

The foregoing codicil was on the day it bears date, at the residence of testator subscribed by said W.Y. Henderson as and for his last will and codicil thereto in our presence, and we at his request, and in his sight and presence and of each other have subscribed our names as attesting witnesses. This January 23, 1918.

J. B. Brabson

Geo. L. Zirkle.

Probated by the county court of Sevier County, Tenn., on the Mch. 21^st, 1919.

H. D. Bailey, Clerk.

WILL OF CARROLL WILLIAMS.

407

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

First - I direct that my funeral expenses and all my just debts be paid out of my property as soon after my death as can reasonably be done.

Second - I direct that my executors shall select and buy and put up a suitable monument to my grave for myself and my present wife suitably lettered for both of us.

Third - I give and devise my farm where I now live and all my other property to my wife Sarah Williams to be used and controlled by her for and during her natural life, if she survives me.

Fourth - After the death of my said wife I give and devise all of my said farm where I now live in Jones Cove, 1^st Dist. Sevier County, Tenn. on Duns Creek adjoining the lands of Robert Williams, Geo. Rollen, Conny Shults, Jesse Nonis and wife and perhaps others, to my three sons: W.W. Williams, Arlie Williams, and R.J. Williams, to be divided equally by them among each other but I direct that Arlie Williams shall have that portion of said farm on which is located my residence, barn, and other buildings, and that the value of the buildings shall not be included or considered in dividing the land. If either of my said sons, Arlie or R.J., shall die without issue living his part of my said land shall go to the other of my said two sons. I direct that my said sons shall not sell their interest in said land to any one except they may sell to each other, during the life of my wife if she shall survive me. But I direct that my sons W.W. Williams and R.J. Williams shall pay the following amounts to my other children named herein at the death of my said wife if she shall survive me, or at my death, if she die first, to wit: S.M. Williams $100.00; J.K. Williams $100.00; John Williams $50.00 and to the three children of Jane Templin, deceased, to-wit; Pearl, Ottis, and Anna Roi Templin the joint sum of $25.00 and to my sons Geo. Williams $5.00 and Lemuel, (Dock), Williams $5.00. I direct that said three sons, W.W., Arlie, and R.J. shall furnish to my two daughters

408

Louisa Williams and Lovena Williams a good milk cow to each of the two. I direct that my son Arlie Williams shall pay to my four daughters to-wit: Edna Williams $25.00; Laura Norris $25.00; Louisa Williams, $25.00 and Lovena Williams, $25.00. I make these amounts above stated to be paid by my said three sons a charge on the interest devised to them in my said lands.

My daughters Louisa and Lovene are not married and if they shall remain single after the death of my wife I direct that my son Arlie shall furnish a home as long as they remain single to live at my home place.

Fifth - I give to my four unmarried children, Arlie, R.J. Louisa and Lovene each a bed.

Sixth - I give to my son Arlie my horse and all tools, including farming tools, wagon and machinery.

Seventh - I give to R. J. my mare.

Eighth - I give all the rest and residue of my property not herein devised otherwise or bequeathed including household goods not bequeathed herein before to my four daughters above named, Edna, Laura, Louisa, and Lovene after their mother is done with it.

Ninth - I appoint my son W.W. Williams as my executor to carry out and execute this my will. This will is wrote on five sheets. This April 27, 1918.

His

Carroll X Williams

Mark

Subscribed by the said Carroll Williams in our presence and we have subscribed our names as witnesses to this will in the presents of the testator and in the presents of each other and at the request of the testator.

This April 27, 1918.

T. W. Williams

A. A. Williams

Probated by the County Court of Sevier County, Tenn., the 27^th day of Jan. 1919.

H. D. Bailey Clerk.

409

WILL OF SARAH F CARTER.

I, Sarah F. Carter, do make this my last will and revoking any formerwill I may have made.

1^st. I bequeath to my daughters Laura Carter and Maud Carter my home tract of land with all buildings containing 23 acres the same being deeded to G.W. Carter and wife Sarah F. Carter by Adam Fagala & wife and J.J. Wade and wife in a division of the lands of Daniel F. Trundle.

2^nd. I will that my administrator sell my cow and horse at private or public sale as he may so desire and the proceeds go to pay my funeral expenses and the balance if any go to pay my just debts.

3^rd. I appoint J.M. Carter my administrator he to serve without bond.

Sarah F. Carter.

Signed in our presents at her request as witnesses to her signature to this her last will. This March 5^th, 1919.

Jas. L. Keener

March 9 1919 Troy G. Keener

Probated by the County Court of Sevier County, Tenn., the 29^th day of March, 1919.

H.D. Bailey County Court Clerk.

410

WILL OF N.E. GOFORTH.

I, N.E. Goforth being of sound mind and disposing memory do hereby make and publish this my last will and testament, hereby revoking all wills by me at any time heretofore made, to-wit:

First: I desire all my just debts to be paid.

Second: I give to my son Hubert the exclusive control, management, rents and profits of my farm where I now live on the waters of Kellum Creek adjoining the lands of James W. McMahan, (colored) Dan Maples, Millie Brabson, (colored) and M. C. Brown and perhaps others, containing 25 1/2 acres for a period of five years from the date of my death, and I request him to pay a debt which I now owe Sevier County Bank of $50.00 and my funeral expenses.

Third: At the expiration of said five years term, I direct that my son Hubert shall continue in the use and control of my said land until my youngest child living shall reach the age of twenty one, but that he shall allow my three children who are now at home where Hubert and I live, to remain with him on the farm, if they desire until they reach their majority, and further provided that he shall pay a one fifth of the net rents after paying taxes, to my daughter Nora Turner, said rents to be paid annually, and case any other one of my children shall marry during said time and shall move away from the home place, then a one fifth of the net rents shall be paid to each one so marrying.

At the expiration of said term or when my said youngest living child shall have reached the age of twenty one years I direct that my said land be sold, either for cash or on a credit of six and twelve months and as may be deemed best by my Executor hereinafter name or by an Administrator appointed by the court to carry out this will, and that the proceeds of said sale after paying expenses be equally divided among my children then living and the representatives of such as are dead, if there shall be any die and leave issue prior to that time. The children of deceased ones taking the share their respective parents would have taken.

411

I hereby authorize, empower and direct my said executor of any one appointed as Administrator of my estate to sell said land under the provisions of this will and to make, acknowledge and deliver good and sufficient deed conveying the title to same in fee to the pruchaser and to divide the funds as above provided.

I give all my personal property including household goods, kitchen furniture, stock and farm implements of every kind to my four children now living at home with me, to-wit: Hubert, Effie Lucy and Fred Goforth, they to take the absolute title.

I hereby nominate and appoint Joe Goforth as the Executor of this my last will and testament. This January 28, 1914.

N. E. Goforth.

We, the undersigned parties hereby certify that we saw the above named N.E. Goforth sign her name to the foregoing as and for her last will and testament, and that we signed our names hereto as witnesses to her signature to the foregoing will at her request and in her presence and in the presence of each other. This January 28, 1914.

W. H. Hardin

Grant McKinney.

Probated by the County Court, of Sevier County, Tenn., Mch. 29, 1919.

H.D. Bailey, Clerk.

412

WILL OF JOHN FERGASON.

I John Fergason of Jay Ell in the County of Sevier, of feeble helth, but of sound and disposing memory, do hereby make this my last will and testament, hereby revoking all other wills and codiciles by me made.

Article 1. I bequeath to my widow Margaret (Flinn) all my personalty of whatever kind and nature, to have and to hold and to dispoe of if she sees fit so to do, with certain exceptions hereafter mentioned.

Article II. I bequeath to Barbra Ann Fox Five Hundred Dollars for her services rendered me and my wife, and this is in addition to her equal share with the remaining heirs.

Article III. It is my will that all burial expenses for me and my wife be paid out of any fund that may be left out of my estate, and that suitable tombstone be placed at the graves of me and my wife, and if my wife out lives me, it is my will that my executor reserve so much of whatever funds derived from personalty comes into his hands as will be necessary to pay my burial expenses and place tombstones to her grave. It is further my will that all my just debts be paid of ever kind first.

Article IV. It is my will that Ruya Fergarson have the organ and the sewing machine.

Article V. It is my will that after my death and the death of my widow that articles one, two and three be complied with and at my death Article IV be complied with.

Article VI. It is my will that before John Fergason, Jr. shall receive any share of my estate that one hundred and fifty dollars be deducted from his share for three fifty dollar notes made to me for land before he shall take as the remainder of my children.

413

Article VII. It is my will that after the above conditions have been satisfied that Barbra Ann Fox, Julia Lowe, Nancy Haggard, Thomas Fergarson, John Fergarson, all of whom are my children, shall have equal shares in my estate and the children of Harrett Eledge, my daughter who is dead shall have a childs part in my estate.

Article VIII. It is my will that Mack Fergarson be given a colt from the mare Dixie that is in the care of Billie Sutton and should said mare fail to bring a colt then the executor shall pay Mack Fergarson so much as Bart Fergarson shall receive of my personal estate. It is further my will that Mack and Bart Fergarson be given a bed and bedding out of my personalty.

It is further my will that the mare named Lucy be sold the money to be placed in the bank to my credit and what ever is left of said amount shall be given to Bart Fergarson.

I appoint R. B. Robertson, of Sevierville, an attorney my executor of this my will.

In witness whereof, I have signed sealed and declared this instrument as my will at my home in Sevier County on this March 2^nd 1917.

John Fergarson.

The said John Fergarson, at his home, on March 2, 1917 signed and sealed this instrument and published and declared the same as and for his last will in our presence, and we, at his request, and in his presence and in the presence of each other, have hereunto written our names as subscribing witnesses.

G. R. Atchley

J. A. Maples.

CODICILE.

I, John Fergarson, of Jay Ell, Tennessee, so make this my codicile, hereby confirming my last will made on the 2^nd day of March, 1917 so far as this codicile is consistent therewith.

It is my will that Article-VII- be changed as to Thomas Fergarson and that the said Thomas Fergarson be charged with one hundred and fifty dollars and that the remainder of my children mentioned in said article be made equal before Thomas Fergarson takes with the other children out of my estate.

It is my will that Charlie Fox and Luther Fox have my cow which I now own, “named White Face” after the death of me and my wife. It is further my will that Ruya Fergarson have the calf that this cow has which I have heretofore give to Luther Fox and Charlie Fox.

414

John Fergarson.

The said John Fergarson, at his home on on March 14, 1917, signed and sealed this instrument as and for a codicile to this my last will, in our presence and we at his request, and in his presence and in the presence of each other, have hereunto written our names as subscribing witnesses.

G. R. Atchley

J. W. Wynn.

Probated by the County Court, of Sevier County, Tenn., on April 22, 1919.

H.D. Bailey, Clerk.

415

LAST WILL OF G. W. HUFF.

I, G. W. Huff of Jones Cove, in the State of Tennessee, being of sound mind and memory, do make, publish and declare this to be my last will and testament towit:

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

2^nd. That my daughter Rosa May Huff shall be paid ($500) in money when she reaches the age of 21 years, to make her equal with my daughter Sallie Huff.

3^rd. That my beloved wife Q. A. Huff shall have the remainder of my personal property to wit: All my live stock, and all the farming tools, all my kitchen and house hold goods, and all notes and money.

4^th. I nominate and appoint my said wife Q. A. Huff to be Executor without bond, of this my last will and testament.

In witness whereof I have hereunto set my hand and seal. This 16 Jan. 1918.

G. W. HUFF.

Signed and sealed, 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.

J. H. Huff

D H. Rolen.

Probated by the County Court of Sevier County on May 15, 1919.

H. D. Bailey, Clerk.

416

WILL OF BITHA HEADRICK.

Be it known, That I Bitha Headrick being of sound mind and memory yet realizing the uncertainty of life, do hereby make and publish this my last will and testament towit,

First-I will that all my just debts be paid, including my doctor bills, funeral expenses etc. after my death, but out of whatever property I might have left at my death.

Second-I will that after my just debts are paid that all of my property whatever nature and kind shall go to my sister Eliza Burkett on the conditions that she shall take good care of me during the remainder of my life, feeding, clothing and waiting on me whenever it is necessary.

Third-I appoint Eliza Burkett as a suitable person as executrix of this will. This Jan. 31, 1917.

Her

Bitha X Headrick.

Mark.

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

J. A. Tarwater.

Alice Cotter.

Probated by the County Court of Sevier County, Tenn. June 25, 1919.

H. D. Bailey, Clerk.

417

THE LAST WILL OF ROBERT A. MONTGOMERY.

State of Tennessee ) Know all men by these presents.

Sevier County ) That I Robert A. Montgomery, of Sevier Co. being of sound mind and disposing memory, do make and publish this my last will and testament, making void all or any other that may at any time have been made by me; It is my will as follows:

(1) That all my just debts be paid if any there be together with my funeral expenses;

(2) That my wife Elisabeth Montgomery shall have the care custody amd control of all my estate, real personal and mixed during her natural life, should I have money on hand at my death it shall be absolutely hers.

(3) After the death of us both then the estate shall be divided among our children bot real and personal as there respective interists now appear, George W. Montgomery having bought the interists in the real estate of all except two, subject to the life interist of his father and mother, as follows:

(1) W. R. Montgomery, a brother a 1/10 interist,

(2) J. W. Montgomery, heirs 1/10 interist,

(3) R. R. Montgomery, a brother 1/10 “

(4) D. MC Montgomery “ 1/10 “

(5) C. A. Montgomery “ 1/10 “

(6) George W. Montgomery, interist 1/10 “

(7) Daniel P. Montgomery, a brother, 1/10 interest,

(8) Marray E. Montgomery, a sister, 1/10 “

(9) Sallie C. Clabough “ “ “

(10) Emma V. Wear “ “ “

the last two not sold.

Now should George W. Montgomery die before me it is my will that his widow and children have the interests in the real estate just as they now are, which is their own property subject to the life interist as above set out.

(4) That it is my will and I do hereby name and appoint W C. Large, the executor of this my last will, with full power and authority to carry same into full effect, the bond not being specially waived.

418

Given under my hand this the 3 day of May, 1916.

R. A. Montgomery.

We the undersigned witnesses were specially called by the testator to witness this his last will, he signed same in our presents and we signed in the presents of the Testator and in the presents of each other, on the day above written.

W. G. Caton

John Rauhuff.

Probated by the County Court of Sevier County, Tenn., June 25, 1919.

H. D. Bailey, Clk.

WILL OF JOEL WATSON.

419

I, Joel Watson, do hereby make and publish this as my last will and testament, hereby revoking and making void all others by me heretofore made.

First I direct that my funeral expenses and all my debts, shall be paid as soon as possible after my death out of any money that I may die possessed of or that may first come into the hands of my executors. Secondly I direct that my wife Charity Watson shall have all my lands lying north of the public road leading from Gatlinburg, Tenn. to Emerts Cove, Tenn. including the dwelling house and buildings thereon, as her homestead during her natural life. Third I direct that my executors shall sell at public sale the remainder of my lands lying south of the road above mentioned to the highest and best bidder said sale to be made on reasonable time, and all my sons sons-in-law daughters & daughters-in-law shall be permitted or allowed to bid on said land and no other person or persons shall be allowed to bid at said sale or to buy said land and that the proceeds of said sale shall be equally divided between all my children. Fourth I have a note of fifty dollars on each one of my sons and sons-in-law and I hereby give & direct & will to each one of my sons the $50.00 note he owes me and I give and will to each of my three daughters the $50.00 note that their husband now owes me. I reserve the right to collect any or all the above notes at any time I may desire before my death and I shall require all of said parties to pay me six per cent interest during my life time and to pay my wife four per cent interest after my death during her natural life time and I shall require each one of said parties to renew their respective note once in each six years during the life time of my wife. It is my intention that the four percent above mentioned shall only be paid to my wife during the time she remains my widow.

Fifth I give and bequeath the remainder of my personal property to my wife Charity, and I request that my executors shall help and assist my wife to take care of the property I have willed her. Sixth I do hereby nominate and appoint Inman Watson and B.S. Watson my executors.

420

In witness whereof, I do to this, my will set my hand this the 14^th day of Aug. 1916.

His

Joel X Watson

Mark

Signed & published in our presence & we have subscribed our names hereto in the presence of the testator this Aug. 14, 1916.

Charles A. Ogle

Ashley Ogle.

Probated by the County Court of Sevier County, Tenn., July 23, 1919.

H.D. Bailey, Clk.

421

WILL OF MARY HOLT

STATE OF TENNESSEE, COUNTY OF SEVIER.

I, Mary Holt, of Seymour in the County of Sevier and State of Tennessee.

Being of sound and disposing mind and memory knowing that we all must die do make publish and declare this to be my last will and testament hereby revoking all former wills by me at time made. As to my worldly estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to wit: My will is that all my funeral expenses shall be paid out of my estate soon after my decease as shall by them be found convenient. I give, devise and bequeath to S. P. Graves and wife all my household furniture to wit: One dresser two bed steads one trunk and its contents also all my bed clothes dishes and churn, also my rocking chair stove vessels such as buckets pans knives & forks also one pair of grabs two enlarged pictures one lamp one supe case and its contents all other things belonging to me that I have failed to name in this will I will also seventynine Dollars in cash.

If I shall get well I will pay my expenses and this will is nul and void.

In witness whereof I the said Mary Holt have to this my last will and testament consisting of one sheet of paper subscribed my name this 10 day of October in the year of our Lord one thousand nine hundred and nineteen (1919)

xMary x Holt

mark

Subscribed, published and declared by the said Mary Holt as and for her last will and testament in the presence of us who at her request and in her presence and in the presence of each other have subscribed our names at witnesses thereto.

( W.A. Graves Seymour

Signature

( May ford Gibson

Probated by the County Court of Sevier County, Tennessee November 13, 1919.

H.D. Bailey, Clerk.

WILL OF JAMES REED

422

Boyd’S Creek Tennessee Rt 1

October 27, 1919.

Know all men by these presents that I James Reed being of sound mind and memory and desiring to dispose of my property before I depart this life do hereby make and publish this as my last will and testament hereby making void all former wills made by me.

1^st I direct that my wife pay my funeral expenses as soon after my death as possible.

2^nd I give to my wife all the lands I now own or may hereafter own till her death or remarriage.

3^rd I also give to my wife all the household and kitchen furnature.

4^th I also give to my wife one black mare and buggy that I now own.

5^th The farming tools on said farm I give to my sons Bruce and Lee Reed. Said tools to remain on said farm.

6^th I further direct that my two sons Bruce and Lee Reed work said farm till the death or remarriage of my wife and pay her one third of corn and wheat raised on said farm and for them to furnish grass and clover seed and seed farm and pay my wife two fifths of said hay.

7^th I direct that may wife shall not sell or giveaway anything that we have in our house at my death.

8^th I further direct that at the death or remarriage of my wife that the lands be sold together and the money equally divided between my 10 children to wit: Marion Reed, Wyourkie Reed Payne Belle Reed McGill, Dona Reed Knight, Bruce Reed James LaFayette Reed Lee Reed, Stuart Reed Pearlie Reed White, and Bertha Reed Bales.

9^th I further direct that at the death or remarriage of my wife that the money she may have on hands be equally divided between the ten above mentioned children.

10^th I further direct that the household goods and kitchen furnature at the death or remarriage of my wife be sold and the money be equally dividedbetween the above mentioned ten children.

423

11^th I further direct that my wife have one third of the pasture.

11^th I further direct that the pictures we now have be divided among the above mentioned ten childreb as the may see fit.

12^th I hereby appoint John F. Ingle my executor to carry out the provissions of this my last will and testament.

Witness my hand and seal on the day and date above memtioned.

x J.N. Reed

Signed and sealed in our presenceand at the request of James N. Reed on this 27 day of October 1919.

A.W. Roberts

P.D. Mize

Probated by the County Court of Sevier County Tennessee This the 1 day of December 1919.

H.D. Bailey, Clerk.

424

WILL OF I.W.H. DRAKE.

I, W.M. Drake of Sevier County and State of Tennessee being of sound mind and disposing memory do make and publish this my last will and testament. I gave devised and bequeath unto my beloved wife Maggie Drake all my property real and personal and mixed of every nature and kind and when so even 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 seases 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 childrento have what there is I gave my wife Maggie Drake the power to sell transfer and convey anything that I may have at my death both real and personal.

Signed and sealed this the 9^th Day of August 1909.

W.M. Drake, Signed and sealed in presents of (as witnesses

W.M. Davis

Ed G. Pickel

We, the undersigned certify we saw W.H. Drake erace a small portion of the face of this paper when in his right and legal mind.

Witnesses C.C. Duggan

W.K. Drake.

Probated by the County Court of Sevier County in Soleum Fortun Jan. 26, 1920.

H. D. Bailey, Clk.

425

WILL OF G.H. LAWSON.

I. G.H. Lawson of Sevier County Tenn 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. I will and direct that all my just debts be paid as soon as arrangements can be made to do so after my death.

Second. I will and bequeath to my wife Mary A Lawson all the property both real and personal that I May die seized and possessed of.

I especially will and bequeath to my said wife Mary A Lawson my farm where I now live, situated in the 5 Civil District of Sevier County Tenn and on the waters of Middle Creek adjoining the lands of M.L. Fox, J.G. Fine T.D.W. McMahan and A.C.F. Trotter and contains 66 acres more or less. I hereby empower her to sell and convey same or any part thereof that she may desire to sell and to make deeds for same in her own name as the owner in fee and that she may mortgage said lands or any part thereof for the purpose of extending or paying any mortgages that may be against said lands at the time of my death, or for such other purposes as my said wife may deem necessary. It is my intention and purpose by this will to vest title to said lands in fee simple in my said wife subject to whatever encumbrances maybe on same at my death. It is my desire that my estate be wound up without an Executor or Administrator but in the event it should become necessary to have an Executor for my said estate I nominate and suggest my wife Mary A Lawson as the Executrix of this will and direct that she shall not be required to give bond as such.

Given under my hand and seal on this 13 day of March 1918

G.H. Lawson, Seal

The foregoing will was signed by the Testator in the presence of the undersigned subscribing witnesses and that they each signed same in the presence of the testator and at his request and in the presence of each other.

Witness C.C. Chance

Witness S.G. Chance

Probated by the County Court of Sevier County, Tenn March, 3 1920.

H. D. Bailey, County Court Clerk.

426

LAST WILL AND TESTAMENT OF J.H. ELLIS.

First

I, J.H. Ellis, of Boyds Creek, of Sevier Co. Tennessee, do hereby make & publish this my last will & Testament, hereby revoking and making void any and all other wills, or device heretofore made by me.

Second

It is my will and desire that my funeral expenses and all other just debts, if any, remain unpaid, to be fully paid.

I give to my nephew, Horace L. Ellis, of Maryville, Tenn, a note of Eight Hundred Fifty Dollars, and accrued interest. Said not given to me by Ellis-proffitt Co and signed by Jas. N. Ellis, preseident - dated Feb, 12^th 1920.

Third

III

Fourth

I give to Ellis J. Widner and Goerge Ransom Widner the sum of Five Hundred Dollars each.

I give the remainder of my estate as follows: One third of the estate to the legal heirs of my brother W.R. Ellis, and one third of the estate to the legal heirs of my brother NB Ellis and One third of the estate to the legal heirs of my brother S.L. Ellis.

I hereby nominate and appoint as Executors of this my last will & Testament, my three nephews - Thomas N. Ellis and Joseph N. Ellis of Knoxville, Tenn, and Horace L. Ellis, of Maryville, Tenn to serve without bond.

This the 1^st of March 1920-

J. H. Ellis.

We the undersigned parties were called by J.H. Ellis to attest the foregoing instrument as his last will & Testament which we signed in his presence and in the presence of each other ans as attesting witnesses to his name which he signed in our presenc on the day and date above written.

M.J. Keener

J.E. Frazier

Probated by the County Cout of Sevier County Tenn Mch 12, 1920.

H.D. Bailey, Clerk.

427

LAST WILL AND TESTAMENT OF F.E. HUSKEY.

STATE OF TENNESSEE

SEVIER COUNTY

I, Fredrick E. Huskey of Emerts cove Tenn. being in bodily health, and realizing the uncertainity of life and the certainity of death, and desiring to divided all my property both real and personal among my Six sons, and Five Daughters during my life time do hereby make and publish this as my last Will and Testament hereby revoking and making void all former wills made heretofore by me at any time.

First. Having given, granted and conveyed to my Six sons, to wit, My sons, John, James, Alonzo, Leander, Dan, and Ashley, each of them a certain parcel or tract of land for which I have executed Deeds to them, and to each of them what I consider as their prorata part in full of my estate both real and personal I therefore give and bequeath to my Five Daughters, the remainder of My property, after my Death with the following exception.

2nd

1st

Having heretofore set apart a lot of land as a family Grave yard as follows, Beginning on a rock on east corner of lot, Thence westward three rods to a rock, Thence Southward Five rods to a rock, Thence Eastward three rods to a rock, Thence five rods direct to the beginning corner, and I dirct and bequeath the same as a family Grave yard to be kept up by all my children as such.

Having heretofore laid out and set apart a certain boundary of my farm as a Homestead for my wife if she is living at my death should I leave one I hereby give and bequeath to my five Daughters all my land and property, both real and personal to wit, 1^st I give and bequeath to my Daughters, Mary Wheeler, Alice Rector, callie Rayfeel, Belle King and Minnie Whaley a one fifth undivided interest in the following piece or parcel of land the same being the Homestead assigned to my wife S.c. Huskey, during her life time and at her death then to my five daughters as above set out to be equally divided between them.

Beginning on a big rock at the upper end of the deep hole Ashleys corner, Thence down the river to the second cross fence, Then with said fence to William cardwells line, Thence with cardwells line to James Huskeys corner, Then with James Huskeys line, to the branch to Ashleys line Then with Ashleys line to the beginning. And at my death the remainder or the lower end of my farm shall revert to my five daughters as above set out share and share alike.

3^rd.

430

At my Death I desire that my funeral expenses be paid at of any Money’s that may come into the hands of my executor or Administrator, and after paying same I desire that a suitable Monument or Tombstone, not to exceed fifty Dollars be placed at my Grave and after paying all Death and funeral expenses and costs of Administration and expenses as above set out, whatever remains in the hands of my Administrator I dirct that the same be equally divided between my widow and my Eleven children share and share alikd.

At my Death,......... I want my Daughter, Minnie Whaley, to have my Bureau, and I want my wife S.c. Huskey to have all the poultry on hand, one milk cow, stove & cooking utensils and plenty of Table ware, and three Beds, Bed steads, and bed springs, and she may use the farming tools while she lives on the farm, and she may have the use of same.

I now have some Government Bonds and Stamps and I want them to go with my personal property.

I hereby appoint my son John Huskey as my executor to wind up my estate after my death.

In witness whereof I have this day set my hand and seal this 27 day of November 1919. Fredrick E. Huskey

Signed and sealed in our presence and in the presence of each of as above date, J.L. Thornton

I.M. Lindsey.

Filed for probate and probated by the county court of Sevier county Tnenn. May 31, 1920.

H.D. Bailey.

county court clerk.

428

WILL OF JOHN W. FOX.

STATE OF TENNESSEE

SEVIER COUNTY.

I, John W. Fox of said county being of sound mind, do make and publish my last will and testimony and revoking all othes that my have been made by me;

First: After my debts and my funeral expenses are all paid I bequeath to my son Arthur Fox a parcel of land- beginning with the public road at the culbert and running with the meandering of the branch to a stake and then north to a stake and west to the public road and thence with the public road to the beginning point first specified containing one and one half acres.

Second: I bequeath and give all my real and personal property to my beloved wife Pernelyur Fox to have and remain her property her natural lifeas long as she remains my widow, and if she remarries I want all my property both real and personal to be sold and equally divided amoung all my children, and my beloved wife to have a child’s part, and if she remain my widow until death I desire all my property both real and personal to be equally divided among my children towit: Arthur Fox, Mrs. Hattie (Fox) Kelly, Sophia Fox and Lula Fox.

Third: I desire a plain set to tomb rocks placed at my grave, And I appoint my beloved wife Pernelpur Fox as my executrix without bond.

The above will and testimony has been made by me on this the 23 day of August A.D. 1920.

J.W. Fox

Signed in the presence of us;

Witnesses Geo. R. Layman, J.L. Yarberry.

A Codisile to the above will I desire that the parcel of land bequeathed to my son Arthur Fox to remain in the hands of the heirs of his bodey.

I also desire that any of my children Sell there interest to any but each other wile my beloved wife remains my widow they Forfeit One Hundred and fifty Dollarsto the other children I further desire that no Lawyer or any one else have anything to do with this will but my executrix Aug 23 1920 J.W. Fox

Witnesses Geo. R. Layman

J.L. Yarberry.

STATE OF TENNESSEE

431

COUNTY OF SEVIER

Know all men by these presents that I Nancy Lafollett a resident of Sevierville, Tennessee R.F.D. #13 being of sound mind and memory and wishing to dispose of my property before I depart this life I make and publish this as my last will and testament hereby making void all former wills made by me.

1^st I direct that my esecutor pay my funeral expenses and Doctor bills out of the first money that comes into his hands and then all my other just debts.

2^nd I give all the money that I may have on hands at my death, all that is due me by notes or accounts, all my household and kitchen furnature, stock of every description to my beloved sister Julia Ann Lafollett to pay her for taking care of me in my last sickness and death.

3^rd. I allso give to my sister Julia Ann Lafollett all my lands that I, now own or may here after own either bought or inherited.

4^th. I hereby appoint W.C. Lafollett as my executor to carry out the provissions of this my last will.

This 22^nd day of August 1919.

James H. Hines Jr. her

Nancy X Lafollett

AW. Roberts mark.

Signed and sealed in her presence and her request and in the presence of us as witnesses.

A. W. Roberts

James H. Hines Jr.

Probated ny the County Court of Sevier County, Tenn., July 1, 1920.

H.D. Bailey,

County Court Clerk.

432

WILL OF ROBERT C. CONNER.

I, Robert c. conner of Sevier county, Tennessee do make and Publish this my last will and Testament, hereby revoking any and all wills by me heretofore made.

1 I Direct that all of my debts be Paid by my Executor as soon after my death as possible.

2 I direct that my Sons Hale conner and Wayne conner shall take absolutely and hold all of my Personaly and real Estate except here in mension.

3 I direct that my wife Mary conner shall have all of my Household goods and and all of the exzemt property allof which a widow would be entitled to

and also my son Hale conner and my son Wayne conner shall pay to my wife Mary connerr 400.00 to be paid anually 50.00 a year untile paid

4 I direct that my sonn columbia shall be paid 200.00 and my Daughter Bettie Huskey shall be paid 100.00 and My Daughter Mollie cardwell shall be paid 100.00 and my Daughter Bertie Myers shall be paid 100.00 and my Daughter Mae Grabe shall be paid 10.00 all which shall be paid by my son Hale conner and my son Wayne conner the above amounts shall be paid in 5 yearsI direct that my Executor shall collect all debts due me

5 I appoint my son Hale conner to be the Executor of this will

Robert c conner.

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

this April 12 day 1920

J.A. Sutton

W.A. England

Filed for probate, and probated by the county court of Sevier county, Tenn. July 5, 1920.

H.D. Bailey, clk.

State of Tennessee )

433

Sevier county )

I, Samuel catlett do this day make this my last will and testament

1^st I bequeath to Procillat, catlett one thousand dollars to be paid out of my landed estate.

2n That my funeral expences including a respectable monument put to my grave also the preachers who my conduct my funeral to be paid out of my land estate.

3^rd As to what money I may have on hand at my death. I bequeath to my three sisters or their heirs Minnirva carr, Hanna Atchley and Rebecca J. McMahan this to be divided equally between them.

Witness my hand and seal

This the 28 day of July 1920.

I appoint L.W. catlett as the administrator of my will.

S. catlett

Attest R.L. Mulendore

Joshua Nichols

Filed for probate and probated by the county court of Sevier county Tenn Aug. 28, 1920.

H.D. Bailey, clk.

county court clerk.

WILL OF ALVAH LEE SMITH.

434

I, Alvah Lee Smith, of Elmira, Chemung County, New York, being of sound mind, memory and understanding, 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, and as to such estate as I shall leave at my decease I dispose of the same as follows:

FIRST:

I direct that my just debts and funeral expenses be paid as soon after my decease as is practicable by my said executors hereinafter named.

SECOND:

I give and bequeath to my brothers, Frederick Bigelow Smith, of Blossburg, Tioga County, Penna., and my brother William Clive Smith, of Wilkesbarre, Wyoming County, Penna., all my wearing apparel and jewelry of all kinds to be equally divided between them share and share alike.

THIRD:

I give, bequeath and devise to my wife Charlotte Keeler Smith all the rest, residue and remainder of my estate real, personal and mixed and wherever situated, for and during her natural life, if she remain my widow, in case of her marrying again after my decease, she is then to take under the interstate laws of the State of New York as if I had died intestate. There is insurance on my life which if in force at my death shall go to the said Charlotte Keeler Smith and which I desire her to have and not to be accounted for in my estate.

FOURTH:

Upon the death of my said wife, Charlotte Keeler Smith, or other determination of my estate, I give, bequeath and devise all of my estate then left and remaining, whether real, personal or mixed, to my two brothers Frederick Bigelow Smith and William Clive Smith and to their heirs and assigns forever.

435

(ITEM) I would suggest to my executors hereinafter named that they dispose of any real estate I may leave (with the exception of my house at No. 350 West Water Street which may be retained for use of my widow) as soon as in their discretion they may deem best and invest the proceeds in good safe bonds of dividend paying securities and I also request my two brothers to do all in their power for the comfort and best good of the said Charlotte Keeler Smith and if the income of my estate is not sufficient for her support and maintenance she is then to be allowed to use such part of the principal sum as may be necessary for her care and maintenance.

LASTLY: I do hereby nominate and appoint my brother Frederick Bigelow Smith executor and my wife Charlotte Keeler Smith executrix of this my last Will and Testament without bonds and with the right to convey any and all real estate without application to the Courts.

IN WITNESS WHEREOF, I Alvah Lee Smith, have to this my last Will and Testament, written by typewriter on two pages of two sheets of paper, set my hand and seal this 25^th day of August, One Thousand Nine Hundred and Ten (1910)

Alvah Lee Smith (SEAL)

Signed, sealed, published and delivered by the above named Alvah Lee Smith as and for his last will and testament in presence of us who have hereunto set our hands as witnesses at his request and in his presence and in the presence of each other this 25^th day of August 1910.

J. Ernest Webb - 129 E. Hudson St., Elmira, N.Y.

Francis W. Wickham - 602 E. Water St., Elmira, N.Y.

Admitted to probate Sept. 6, 1920

See M.B. #6 pages 65 to 72 Inc.

H.D. Bailey, Clerk.

STATE OF TENNESSEE

436

SEVIER COUNTY.

I William A. Caughron of Sevier Co being of Sound Mind do make and publish my Last Will and Testament and Revoke any other made by me

First after all my debts and Funeral expenses is paid I bequeath to my son Luther Coughron Six Hundred Dollars Cash less one Hundred and fifteen Dollars heretofore advanced to be paid out of the Land I have bequeathed to my Son Bruce Caughron

I bequeath to my Son Thomas Caughron a tract of land known as the Evan bohanan tract Containing 26 1/2 acres more or less also two hundred Dollars in Cash out of my personal property

I bequeath to my Daughter Susan Caughron now Kear Six Hundred Dollars cash out of the proceeds of land I have bequeath to my son Bruce Caughron

I bequeath to my son Bruce Caughron a tract of land known as the Perry Loveday tract containing 46 acres with a lien on said land to pay my son Luther Caughron Four Hundred and eighty five Dollars and my Daughter Susan Six Hundred Dollars

I bequeath to my Son Lester Caughron the Home tract of Land containing 85 acres by him paying to my estate Six hundred dollars

It is my will at my death to have Toom Rocks at my Grave not exceed Fifty Dollars and my Son Lester Caughron have charge of this mater and all the remainder equal divided amoung all my children

I also appoint Stewart Loveday as my excuter of this Will

Witness This Aug 3 1920

his

Signed W.A. X Caughron

mark

Signed in our presence

J.L. Yarberry

J.C. Sims.

State of Tenn.

Sevier Co.

437

I William A Caughron of above Co desire to change or supplement my will in one point or artical to wit instead of Son Thomas receiving Two Hundred dollars out of my estate to be paid by my son Bruce Caughron out of land I bequeathed him with special lien on said land to secure same This Aug 17 1920

his

William a X Caughron

mark

Attest

J. L. Yarbery

Frank Sharp.

Admitted to probate Sept. 6, 1920.

H. D. Bailey

County Court Clerk.

438

STATE OF TENNESSEE

SEVIER COUNTY.

I, Johmn W. Fox of said County being of sound mind, do make and publish my last will and testimony and revoking all othes that my have been made by me:

First: After my debts and my funeral expenses are all paid I bequeath to my son Arthur Fox a parvel of land beginning with the public road at the Culbert and running with the meandering of the branch to a stake and then north to a stake and west to the public road and thence with the public road to the beginning point first specified containing one and one half acres.

Second: I bequeath and give all my real and personal property to my beloved wife Pernelymr Fox to have and remain her property as long as she remains my widow, and if she remarries I want all my property both real and personal to be sold and equally divided among all my children, and my beloved wife to have a child’s part, and if she remains my widow until death I desire all my property to be equally divided among my children towit:

Arthur Fox, Mrs. Hattie (Fox) Kelly, Sophie Fox and Lula Fox.

Third: I desire a plain set to tomb rocks placed at my grave. And I appoint my beloved wife Pernelupur Fox as my executrix without bond.

The above will and testimony has been made by me on this the 23 day of August A.D. 1920.

J.W. Fox

Signed in the presence of us;

Witnesses (Geo. R. Layman

(J.L. Yarberry.

A Codisile to the above will, I desire that the parcel of land bequeathed to my son Arthur Fox to remain in the hands of the heirs of his body. I also desire that any of any children sell there interest to any but each other while my beloved wife remains my widow they Forfeit One Hundred and fifty Dollars to the other children I further desire that no lawyer or any one take have any thing to do with this will but my executrix Aug. 23 1920 J.W. Fox, J.L. Yarberry, Geo. L.

439

WILL OF MARY MccELDRY.

I Mary J Mcceldry of Pigeon Forge Tenn of Sound mind and fair health do make and publish this my last will and testament

(1) All my Just and honest debts shall be paid

(2) All my personal property consisting of my household goods and my other property money etcs. belonging to my Estate shall at my death go to my Son John West Mcceldry after paying all my funeral Expenses Etcs.

I farther appoint and nominate as Executor of my Estate my Son James Mcceldry and wave bond

Witness Arthur G. Stott her

Mary J X Mcceldry

Witness A.M. Davenport mark

This Nov. 26” 1914

Filed for probate and probated by the county court of Sevier county, Tenn.

Dec. 6, 1920 H.D. Bailey, clk.

WILL OF J.P. PRICE.

440

I, J.P. Price do make and publish this as my last will and testament hereby revoking and making void all others by me at any time.

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

Secondly: I will and bequeath to my wife, S.M. Price and my sons and their descendants the following lot or parcel of land known as the Price Cemetery, beginning on a Chestnut South East of the dwelling where we now live, thence South East about 6 rods to a stake in J.G. Prices Line, thence eastward with said line about 25 rods to a stake in said line thence North of West about 6 rods to a chestnut on the highest part of the cemetery then a direct line westward with the brink of the hill to the beginning, containing about one acres be the same more or less, also a right of way through the farm where the road is to it.

Thirdly: I will that there be sufficient amount of my estate to place respectable tombstone or monument at the head of mine and my wifes graves jointly to be placed soon after my death.

Fourthly: I will and bequeath to my wife the home farm east of Pigeon River to be used and controlled by her during her natural life then to be sold and distributed between my nine sons equally as follows: J.E. Price, Robert F. Price, W.J. Price, W.R. Price, J.G. Price, D.H. Price, H.B. Price, E.E. Price, and I.N. Price. I further will to my wife my real property in Sevierville, to be used by her and controlled during her natural life to be sold and divising made as follows: First, that Clifford Price our Grandson have one hundred dollars privided he stays with his Grandmother during her lifetime or at his maturity, The remainder to be equally divided between my nine sons as above mentioned.

Fifthly: I will and bequeath to my wife, S.M. Price all my personal property and money on hands except enough to pay funeral expenses and to erect a monument as above desiribed.

441

Sixthly: I will that my farm west of Pigeon River known as the E.E. Ogle Farm be sold by my executors, as soon after my death as practical but not to sell until it will bring $5000.00 or above, to be sold on such time as my executors think best, to make deed to purchasers with the same powers I would if living. The proceeds to be distributed as follows: J.E. Price to receive one ninth, R.F. Price to receive one ninth, W.J. Price to receive one ninth, W.R. Price to receive one ninth after deducting $382.00 which I have advanced to him and he has it now in real estate, J.G. Price to receive one ninth, D.H. Price to receive one ninth, B.H. Price to receive one ninth, E.E. Price to receive one ninth after deducting $50.00 which I have advanced to him and he now has it in real estate, I.N. Price to receive one ninth.

Seventhly: I will that if any one of my heirs attempt to break this my will in any court that he or they forfeit and make void their right or title to any part of my estate.

Lastly: I do hereby nominate and appoint J.E. Price and J.G. Price my executors waive their giving bond and request that they serve without compensation except actual expenses.

I hereby certify that was first written by me and I certify that the contents was fully known to me before being typewritten by my direction.

IN WITNESS WHEREOF I do this my will set my hand this the 26^th day of August 1918

J. P. Price

A.O. Delozier

Witnessess

Arthur T. Ingle.

Filed for probate and Probated by the County Court of Sevier County, Tenn. July 8, 1921.

H. D. Bailey,

County Court Clerk.

442

WILL OF MARTHA A. ROLEN

1^st.

I Martha A Rolen of Jones Cove Sevier County Tenn., Being of Sound mine and Memory, do make, publish and Declare this to be my last will and Testament, To Wit:

2^nd.

All my Just debts and funeral expenses shall be first fully paid and Tomb stones bought.

3^rd.

I want my two sons W M Rolen and S.L. Rolen to have the cupboard and Beaureau.

4^th.

I Give, devise and Bequeath all the rest, residue and remainder of my estate, consisting of personal property To my three children equally, towit

5^th.

S L Rolen to have one third of my estate.

6^th.

W M. Rolen to have on third of my estate.

7^th.

Joe Rolen (Dec) are his heirs to have one third of my estate.

Heirs to share in my son Joe Rolen, deceased part, are as follows,

Luther Rolen 1/5 of a shere, Lizzie Rolen Dockery, 1/5 of a shere, Bertha Rolen Howard 1/5 of a shere, Edna Rolen Proffitt, 1/5 of a shere, Mattie Rolen McMahan 1/5 of a shere

I nominate and appointe my son S L. Rolen to be the executor of this my Last Will and Testament, he is excused from giving bond

In Witness whereof I have set my hand and seal, this Jan 10, 1919.

her

Martha X Rolen

mark

Attest:

W. W. Williams

Arlie Williams, Signed, Sealed, Published and declared as and for her last will and Testament by the above named testators, in our presence, who have, at her request, and in her presence and in the presence of each other, signed our name, as witnesses thereto

W. W. Williams,

Arlie Williams

Filed for probate and probated by the County Court of Sevier County, Tenn., on this July 25^th, 1921.

H. D. Bailey, Clk.

LAST WILL AND TESTAMENT OF J.A. PETERSON.

443

I, J.A. Peterson, being of sound mind and disposing memory do hereby make, publish and declare this to be my last Will and Testament.

After the payment of all of my just debts and funeral expenses I give, bequeath and devise unto my beloved wife Louise Peterson all of my property of every king and character whatwoever, real personal and mixed, wheresoever situate, in fee simple; and I hereby nominate and appoint her Executris under this Will, and having full confidence in her integrity excuse her from giving bond, filing inventory of my Estate and from making any reports or settlements in the County Court.

IN WITNESS Whereof, I have signed this my last Will and Testament, on this 2 day of April 1921, in the presence of the subscribing witnesses.

J A. Peterson

Testator.

Signed, acknowledged, published and declared as and for his last Will and Testament by J.A. Peterson in our presence and we in his presence and at his request, in the presence of each other, have hereunto subscribed our names as attesting witnesses, this the 2 day of April, 1921.

Hugh Tipton,

Andy Wittenbarger.

Probated by the County Court of Sevier County Tenn., Aug. 4^th 1921.

H.D. Bailey

County Court Clerk.

444

WILL OF G.E. SHARP.

I G E Sharp make this my last will

First I want all my debts paid

Second I give to my wife Jennie C Sharp as homestead and dower all the land north of the Wade or Keener ditch (excepting a lane thirty feet wide running from the pike to the Wade or Keener ditch said land is to be an out let for the other land not conveyed by the dower and Homestead) and on the south side commencing with line of John W Sharp and running up the creek to where the fence divides the Houser field from the bottom then with the fence to branch next to the knobbs then up the branch about three rods oposite the Dunlap hollow then up the hollow to the middle ridge and up the ridge to the top of said ridge and with top of same an easterly direction go oposite the sawmill place or John Boling or Jes Wardwll house thence to John Sharp’s line then with said John Sharps line back to the creek also the piece of land west of the knobb road known as the John Thomas land all of said land is to be the homestead and dower of my wife Jennie C Sharp during her natural life or as long as she remains my widow but should she remarry then said land shall fall to my heirs but they shall pay her two thousand dollars.

I also give her at my death two mules or horses two cows and five hundred dollars in money and corn and hay enough to feed said stock for one year and provisions enough for her and her children for one year said allowance shall be set aside by her and my son Jas W Sharp

Third all the ballance of the farm shall go to my children one year after my death but my executors shall rent or run the land one year and let the proceeds go to my estate

445

Fourth I dont want any public sale of any of my property but my executors shall sell it at private sale (except one wagon two big plows and all the little plows and one buggy which shall be left on the farm for of my wife Jennie C Sharp and her children and which she shall control during her widowhood)

Fifth I name my wife Jennie C Sharp and my son James W Sharp as my executors and they shall not be required to make bond as executors

This January 3^rd 1911

G E Sharp

Codicel

I wish my three youngest children Irene Ethel and John shall each have two hundred and fifty dollars more than the other children because they are young and will need it to help in their eduction

G E Sharp

Jany 7 1913

Attest John W. Sharp

Attest Kate Sharp.

Filed for probated, and probated by the County Court of Sevier County, Tennessee, August 19^th, 1921.

H. D. Bailey

County Court Clerk

Ranger Texas

446

Dec. 22, 1919.

I this day will all my shares in my Grandmother’s (Mary Robertson) farm to my beloved husband J. Walter Davis and if he should die before Grandmother, I then will all my shares in said farm to my beloved Grandmother, Mary Robertson.

Reba Davis.

Witness Henri Charles LaSuer

H. J. Hogen

Margaret Smith.

For the proceedings probating this will, see Minute Book No. 6, page 218-19-20-21-22-23-24-25-26-27.

H. D. Bailey

County Court Clerk.

LAST WILL

447

I, P.T. Snapp, of Sevierville, Tennessee, being of sound mind and disposing memory, do make and publish this my last will and testament, hereby revoking and annulling any and all other wills by me at any time heretofore made.

FIRST

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

SECOND

It is my will and I do hereby give, devise and bequeath to my nephew Steward M. Yett and his wife Ida Bruner Yett for enduring their joint lives and during the life of the survivor of them, all of my estate, both real estate and personal property, of which I may die seized and possessed.

THIRD

At the death of said Steward M. Yett and his wife Ida Bruner Yett or upon the death of the survivor of them, it is my will that my real estate shall go to the children of said Steward M. Yett then living, and if any of said children be then dead leaving a child or children surviving such surviving child or children shall take the interest in said real estate that their predeceased parents would have taken had such parents survived the life tenants above mentioned, it being my intention that upon my death said real estate shall then vest in said Steward M. Yett and his wife Ida Bruner Yett a life estate as provided above, with a vested remainder in the children and representative of deceased children of said Steward M. as the same may survive at my death.

Such portion of my personal property as may remain at the death of the life tenants Steward M. Yett and his wife Ida Bruner Yett, shall go to the children of said Steward M. Yett, and the representative os such predeceased children in the same manner as provided with referrence to the real estate herein divised.

FOURTH

448

I hereby appoint my nephew Steward M. Yett, Executor of this my last will and testament and having full confidence in his intregretity he is not required to give bond upon being qualified as such Executor of this will.

In witness whereof, I have hereunto set my hand on this the 19^th day of January 1921.

P.T. Snapp

Subscribed by the said P.T. Snapp, 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.

B. W. Muphy

Attest, Geo. L. Zirkle

Probated by the County Court of Sevier County, Tenn. on this the 20^th day of Sept. 1921.

H. D. Bailey,

COUNTY COURT CLERK.

449

WILL OF JOHN H. McMAHAN

I John H. McMahan of Sevierville, Tennessee, being in good, health and of sound mind and disposing memory, but knowing the uncertainty of life and the certainity of death to all men do make and publish this my last Will and Testament, hereby revoking and making void all Wills heretofore made by me at any time:

First: It is my Will that all my just debts be paid out of any monies or property on hand at my death, including my funeral expenses.

Secondly: I will and bequeath unto my beloved wife Sarah R. McMahan, all my personal property of every kind including money, notes, accounts, and all other just demands due me to manage use and dispose of as she may think best for her and our children.

Thirdly: I will and devise unto my said wife the following described lot or parcel of land in fee, to be sold or disposed of as she may think best for the maintenance and education of our children and the maintenance of my mother Dicey McMahan as provided in a decree of the Chancery Court at Sevierville, Tenn. But the sale of this tract of land is left to the sound discretion of my said wife. Said land is described as follows: Located in the 5^th Civil District of Sevier County, Tennessee South of the town of Sevierville and West of the old Brick Yard adjoining the lands of R.B. McMahan, W.C. McMahan, Heirs of P.a. Wear Dec’d, W.C. Large, Browns, WM Bryan, D.R. Mullendore, R.a. Randles, and Mrs. T. S. Rambo, containing about five acres, more or less, It being what I call my building land lying North East of a Ditch or branch running in a north Western direction into the West Fork of Little Pigeon River near the Black Smith shop of R.B. McMahan.

Fourth: I will and devise to my said wife all the rest of my real estate for and during her natural life, to manage and have the benefits of same during said time, then to go to my children according to the laws of descent and distribution in this State, But it is my Will that said land mentioned in the clause of my Will shall not be divided, nor sold for division among my said children till the youngest one shall reach the age of twenty-one (21) years.

450

Fifth: It is my will further that my Executor shall pay the sum of ninety ($90) Dollars per year for the maintenance of my Mother as long as she lives as provided in said decree of Chancery Court, at Sevierville, and heretofore referred to.

Sixth: I nominate and appoint my beloved wife Sarah R. McMahan as my Executrix to carry out the provisions of this my last Will, and I espresly waive and relieve her from giving bond as is required by Statute of Administrators and Executors.

In witness whereof I have hereto set my hand and signed my name in the presence of the following subscribing witness which I specially called to witness the same.

This Jany 28” 1897

John H. McMahan.

We the undersigned witnesses were specially called by said Testator to witness the foregoing as his last Will and Testament, he signing the same in our presence and we in the presence of each other and in his presence, the day and date above written.

J. R. Penland

O.J. Reed.

Probate by the County Court of Sevier County, Tenn., Oct. 17 1921.

H.C. Bailey, County Court Clk.

451

WILL OF L.E. OGLE

THIS INDENTURE made this 20^th day of June A.D. 1921. Between L.E. Ogle of Sevier County in the State of Tennessee of the first part and Mrs. Nancy A. Ogle of Sevier Co. Tenn of the second part. I L.E. Ogle do therefore will and Bequeath and give unto the said Nancy A. Ogle at my death all of my personal property towit: as follows-- For her to use and sell and convey as her own property-towit: 1^st I want her to sell all my personal property which consists of one mare-all cattle and 2 cows, 2 hogs chickens and household goods and all other property that belongs to me for cash in hand and to collect all my notes and other accts that is due me- and for the said Nancy A. Ogle to pay off all my debts and accts against me and with the remainder added to what she gets for my lands when sold this money is to be put in the Bank in Mrs. Nancy A Ogles name and she is to have her support out of said money and is to controll it as long as she remains my widdow, and at her death what she dont use is to be divided equally with my children who are then living- I want the said Nancy A Ogle and request her to bring all my real estate or lands to sale- 1^st. which consists of one farm located in the Glades on the waters of Birds Creek and known as the Samuel Newman farm, and adjoining the lands of P.A. Proffitt and others- And one home farmoon the waters of Dudley Creek adjoining the lands of H.O. Ogle and others in the 2^nd Dist of Sevier Co. Tennessee- I Want the said Nancy A Ogle to sell these lands inside of two years or twenty-four months, and to place the money in the Bank on interest this money is to be put in the Bank in Mrs. Nancy A. Ogle name-- and at her death it is to be divided equally between the children who are living and she is to use this money as long as she remainds my widow. It is also my request that these lands be sold in small tracks if it will bring the most money by so doing- If sold on time sell for 1/3 cash in hand and balance on one two and three years time if agreed on these lands is to sell at private or public sale left to Mrs. Nancy A Ogle to deside about that this is my will and request at my death I want T.Z. McCarter to hold this will and register them at my death-signed

his

L.E. X Ogle

mark

Attest:

452

Richard T. Clabo, J.T. Ownby

Attest H.C. Ogle,

T.Z. McCarter Notary Public.

STATE OF TENNESSEE

SEVIER COUNTY

Personally appeared before me a T.Z. McCarter, for the above named State and County, the within bargainor L.E. Ogle, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purpose therein contained.

Witness my hand at office, this 20^th day of June A.D. 1921.

T.Z. McCarter,

Notary Public.

Probated by the County Court of Sevier County, Tenn. Oct 29, 1921.

H. D. Bailey

COUNTY COURT CLERK.

WILL OF J.J. LOVEDAY.

453

I, James Joseph Loveday of Sevierville, Sevier County, Tennessee, being of sound mind and wishing to dispose of my property, both real and personal, do hereby make and publish this my last Will and Testament, hereby revoking and making void any former wills heretofore made by me.

FIRST- I direct that my funeral expenses and all my just debts be paid as soon after my death as possible out of any monies that may come into the hands of my executor or administrator.

SECOND- I hereby give and bequeath to Horace Gregory Caughron my house and lot in the town of Sevierville, Sevier County, Tennessee, bounded by new street, McMahan and Langston; also my Bank stock in the Bank of Sevier County, amounting to One Hundred ($100.00) Dollars; also Two Thousand ($2,000.00) Dollars, same to be paid by my executor or administrator on or before the expiration of two years from my death; also my watch.

THIRD- I direct that S.C. Loveday shall have the option to purchase a small parcel of land that he detached and sold to me off of the Fox tract containing about 12 acres by paying to my estate One Thousand ($1,000.00) Dollars; also the option to purchase one-third interest in my Shields farm by paying to my estate One Thousand ($1,000.00) Dollars. If the above options are accepted or either, I authorize my Executor or Administrator to accept good and solvent notes for same payable on or before two years from my death without interest.

FOURTH- I direct that A.L. Loveday shall have the option to purchase a small parcel of land cut from and deeded to me off of the James Ogle farm containing about 15 acres for the sum of Eleven Hundred ($1,100.00) Dollars. If one or both of the above options are accepted I hereby authorize my executor or administrator to accept good and solvent notes for same payable on or before the expiration of two years from my death without interest.

454

FIFTH- I hereby direct that Walter Loveday shall have the option to purchase a one-third interest in my Shields farm for the sum of One Thousand ($1,000) Dollars; also my farm containing 60 acres, known as the Nancy Jane Benson farm for the sum of Three Thousand ($3,000) Dollars; also a one-third interest in the Hicks and Hodgsdon Long Hollow tract, and a one-fourth interest in the Jesse Hill tract for the sum of Six hundred ($600.00) Dollars. If all or either of the above options are accepted I hereby authorize my executor or administrator to accept good and solvent notes for same payable on or before the expiration of two years from my death without interest.

Section 6. If either of my brothers, S.C., A.L. or Walter fail or reguse to accept one or more of the options as set forth in sections 3,4, and 5 then the remaining brother or brothers may accept same on the same conditions as set forth in said sections.

Section 7, I hereby give and bequeath to the heirs of W.B.C. Loveday my one-half interest in the remainder of a tract of land bought from W.P. Mitchell, supposed to contain about 46 acres, and lies East of the Knoxville and Sevierville pike in Knox County, Tennessee, opposite said brothers house, for the sum of Eight Hundred ($800.00) dollars, said amount to be deducted out of the amount proportioned to them in division of my estate.

Section 9. I further direct that my personal property may be disposed of at either public or private sale as it may appear to the best interest of my executor or administrator for the best interest of my estate.

Section 9. I hereby direct that after all my just debts have been paid and the expenses of administration paid that the remainder of my estate shall be equally divided between my brothers and sisters, namely: W.B.C. Loveday, Decd his heirs to have his share Eight Hundred ($800.00) Dollars in land as provided in section “Seven” and the remainder in cash; R.C. Loveday, deceased, his heirs to have his share; Jane Fox, deceased, her heirs to have her share; and S.C. A.L. and Walter Loveday.

Section 10- I hereby nominate S.C. Loveday my brother, as my executor.

Witness my hand and seal on this the 28^th day of April 1921.

James J. Loveday.

455

Signed and sealed in our presence, and we attested the same in the presence of the above named James J. Loveday and in the presence of each other and upon the request of said and in the presence of each other and upon the request of the said James J. Loveday.

R.B. Robertson,

Witnesses.

W.C. Allen.

Probated by the County Court of Sevier County, Tennessee, January 21^st, 1922.

H.D. Bailey, Clerk.

456

I, Nancy J. Rimel, of Sevier County, Tennessee, being of sound mind, do hereby make and publish this my last will and testament, hereby revoking and annulling all former wills.

First: My just debts, expenses, funeral and otherwise, are to be paid out of my person property or estate.

Second: I will all my property, personal and real, remaining after my debts and expenses are paid to Mrs. Sallie L. Trotter, with whom I have lived and made my home for many years.

Third: I appoint J.W. Trotter, Executor of this my last will and I direct that he be exempted from making any Bond. In witness whereof I have hereunto set my hand, this 4^th day of Dec. 1915.

Nancy J. Rimel.

Signed by the said Nancy J. Rimel and for her last will and testament, in the presence of us, the undersigned, who, at her request and in her sight and presence have subscribed our names hereto as attesting witnesses, the day and date above written.

Thomas Romines,

Bernice Fox.

Probated by the County Court Court of Sevier County, Tenn., Jan. 28, 1922. H.D. Bailey, Clerk.

457

WILL OF J.S. ADAMS.

I, J S Adams hereby make and publish this my last will, hereby revoking all former wills by me made.

1^st. I direct that all my funeral expenses and just debts be paid out of my estate as soon as can conveniently be done after my death.

2^nd. I devise and bequeath to my wife, Mattie Adams, the exclusive, use, controll, rents, and proffitts of all my property real, personal, and mixed of every kind, during her widow-hood, or during her natural life, if she shall not re-marry to have and use for her maintanence and support. At the death of my wife, or her re-marriage, I give $5000.00 to James Adams Murphy, son of B.W. Murphy, out of my estate.

3^rd. At the death of my said wife or at the date of her remarriage, if she shall remarry, I give and devise the use, control and proffits of said property, after paying the $5000.00 to said James Adams Murphy to my mother Margaret Adams, for and during her natural life, then I direct that all of my said property after paying said $5000.00 shall be divided among my next of kin as provided by Statute of Tenn. for descent, and distribution.

4^th. I appoint B.W. Murphy, Executor to carry out this will this Sept 26, 1918.

J.S. Adams.

We signed this will as witnesses at the request of the testator and in his presents and in the presents of each other. This Sept. 26, 1918.

W.S. Murphy,

A.B. Shields.

Filed for Probate, and probated by the County Court of Sevier County, Tenn., Feb. 14, 1922.

H.D. Bailey, County Court Clerk.

458

WILL OF JAMES. A. HOUSEHOLDER.

I James A. Householder, of Pigeon Forge, Tennessee, of feeble health, but of sound mind and disposing memory do hereby make this my last will and testament. I give, devise, bequeath my estate and property, real and personal, as follows that is to say: To my wife, Elisibeth Hibema Householder, I will and direct that she shall have full possession and control of all my property of every kind during her life - in order that she may be properly cared for in her last days. That is to say, that she have all income of what ever nature, and be in all things under her control but not to dispose of any of said property in any way.

At the decease of said Elisibeth Hibema Householder, I direct that my property be divided among my lawful heirs namely: Joe Householder, Elisibeth A Trotter, A.T. Householder, Emma Wynn, Lula Roberts, Dave Householder, Mary Catherine Thomas, Mattie Mae Householder, and John Householder.

I hereby direct that my son A.T. Householder, be my Executor of this my will.

In witness whereof, I have signed sealed and delivered and declared this instrument as my will, wirtten at my home in Pigeon Forge on the 29^th day of April in the year of our Lord Nineteen Hundred and Thirteen.

J.A. Householder.

The said James A. Householder, at Pigeon Forge on the 29^th day of April, 1913 signed and sealed this instrument, and published and declared the same to be his will in our presence. And we at his request and in his presence and in the presence of each other have hereto written our names as subscribing witnesses.

Joseph Davis

Witnesses.

Hugh E. Robertson

LAST WILL AND TESTAMENT OF THOM HODGE.

459

Know all men by these presents, that I, Thom Hodge, of New Market, Jefferson County, Tennessee, being of sound and disposing mind, do hereby make, ordain and publish this my last WILL and TESTAMENT, hereby revoking all other wills made by me at any time, and more especially that one made by me and left with Henry Pollard.

First. I charge my beneficiaries, who are hereinafter named, with the responsibility of seeing that my body has a decent burial.

Second. All my personal property of every character I give and bequeath to my four nephews, viz, Bruce Churchman, Charley Churchman, Clyde Churchman, and Hodge Churchman, children of J.R. Churchman, by my sister Martha Hodge Churchman.

Third. All my real estate of every charcter and especially the tract of land situated in Mead County, Kansas, containing one hundred and sixty acres of land, I give and bequeath to my four nephews, viz, Bruch Churchman, Charley Churchman, Clyde Churchman and Hodge Churchman, children of J.R. Churchman by my sister Martha Hodge Churchman, to have and to hold the same as tenants in common in equal portions.

If any of my nephews above mentioned should die before my death, then, in that event, all of my real estate shall go to the above mentioned nephews living at the time of my death, as tenants in commin, in equal portions.

In witness whereof I have hereunto set my hand this 9^th day of March, 1915, at New Market, Tennessee, in the presence of Frank E. Taylor, and E.A. Lassiter, who, at my request, and in my presence, and in the presence of each other, are subscribing witnesses to this my last WILL and TESTAMENT.

Subscribing Witnesses: Thom Hodge

Frank E. Taylor,

E.A. Lassiter,

Offered for probated and probated by the County Court, of Sevier County, Tenn., on this March 27, 1922.

H.D. Bailey, Clerk.

460

I, Edward Loveday, being of sound mind hereby make and publish this my last will and testament.

1^st - I direct that my funeral expenses and my just debts be paid out of any money I may have on hands at my death.

2^nd: Having heretofore sold my land and conveyed it be deed, to my son George Loveday and my daughter, Ann Loveday, I have no land to devise. In that sale and conveyance, I gave my children, John, William, James, and Robert Loveday, and Sidney J. Atchley, and my grand children, alton, Erma, and Luther Delozier all that I devise to give them of my property real and personal, providing in said deed for my said son, George, and my said daughter, Ann, to pay as part of th consideration for any farm, the sums specified, as follows: To my sons, William, James, and Robert $50.00 each, to my son John and my daughter Sidney J. Atchley, one dollar each, and to my grand children, Alton, Erma, and Luther Delozier one dollar each. The said sums to be the full amount of my property, both real and personal that I then desired, or now desire to give them.

3^rd. I give and bequeath my personal property that may be on hands at my death, to George Loveday and Ann Loveday in equal moieties, said property consisting of and including all the household and kitchen furniture and property of every description that my be in or about the house and belonging to me; also the farming tools that may be on hands of every description, and my sorrel mare, and colt. If my wife survives me she shall have the use and benefit of said property during her life, and her funeral expenses shall be paidout of property bequeathed to my son George, and daughter, Ann, or shall be paid by them.

4^th. I appoint George Loveday Executor of this my last will and testament.

Made and published this 4^th day of Sept. 1913.

his

Edward X Loveday

mark.

Signed by Edward Loveday in our presence, who at his request and in his presence and in the presence of each other, hereby subscribed our names as witnesses. This 4^th day of Sept. 1913

W.L. Duggan

A.J. Bird.

Filed for probate and probated by the County Court of Sevier County, Tenn May 1, 1922

H.D. Bailey, Clk.

Sevierville, Tennessee.

461

may 8, 1922.

mr. James Reece Graves, being taken suddenly seriously ill and wishing to dispose of his property before his decease called the undersigned to bear witness to said will, the said Reece Graves made the following disposition of his property, towit:

“I want my property divided into three equal parts, one third to my son J.R. Graves, Jr., and one third to my son Otha Graves, and one third to my wife, Brady Graves, as long as she remains my widow, in case that she re-marries, her one third to go to my two sons.”

He also appointed W.a. Graves as his Executro to this will.

The said James Reece Graves, made and declared this as his last will and testament ont he 2^nd day of may 1922, and the said James Reece Graves died 15 or 20 minutes after making and declaring said will on said 2^nd day of may 1922, and the said James Reece Graves called us especially to bear witness to the statement above made.

This may 8, 1922. J.m. Graves,

J.B. Rogers.

Probated May 19, 1922.

H.D. Bailey, Clk.

462

I, Dosha Ramsey, of Sevierville, Tenn., Rt. #9, of Sevier Co. Being of Sound mind and Disposing memory, do make and Publish this my last will and testament hereby revoking any and all wills by me at any time made.

First:

I direct that all my funeral expenses and Dr. bills Be Paid outof any money that may come into the hands of my Executor: I also direct that my just debts Be Paid out of my money that comes into thehands of my Executor

Second:

I direct that Jane Ramsey widow of Randle Ramsey gest Bed stead No. (1) and two straw ticks, one sheet, one counter pin, one feather tick, two pillows, and two quilts.

Third:

I direct that Polly Branam wife of Beuridge Branam gets bed Stead No. (2) also two straw ticks, one sheet, one counter pin, one feather tick, two pillows, and two quilts.

Fourth

I direct that Rhoda Valentine wife of Joseph Valentine gets Bed stead No. (3) also two straw ticks, one sheet, one counter pin, one feather tick, two pillows, and two quilts:

Fifth

I direct that Dosha Ramsey wife of Sam C. Ramsey, gets two straw ticks, one sheet, one counter pin, one feather tick, two pillows, two quilts and one safe.

Sixth

I direct that my wearing clothes be divided equally between my four girls Jane Ramsey, Polly Branam, Rhoda Valentine, and Dosha Ramsey, at my death

Seventh

I direct that Sam W. Ramsey gets bed stead No. (4) and two pillows.

Eight

I direct that C.B. Ramsey gets the meal chest or meal box

Ninth

463

I direct that the remainder of my stuff be sold to the highest bidder for cash in hand and divided Equally among all my children I also direct that if any money comes into the hand of my Executor after my other expenses are paid be equally divided among all my children at my death.

Tenth

I also hereby appoint Claude B. Ramsey as my Executor at my death

(Signature) her

Doshia X Ramsey

mark

Signed and sealed in our presence and in the presence of the testator and at her request we hereby witness her signature

his

Witnesses mid x mccarter

mark

Branam Ramsey

This the 24 day of april 1922.

Probated by the County Court of Sevier County Tenn July 15, 1922.

H.D. Bailey, Clerk.

464

State of Tennessee

Sevier County Aug. 1, 1921.

I, J.L. Yarberry, being of sound mind do make this my last will and testimony and revoking all others.

First, after my debts are paid I give and bequeath all my real estate and personal property to my beloved wife martha a. Yarberry as long as she remains my widow, and after remarriage or death I want my property sold by auction and equally divided among my heirs towit: J.m. Yarrberry, Geo Yarberry heirs of maggie Byrd deceased which goes to Lafayette and Homer Byrd, mrs W. (minnie) Gann, mrs. maude Flynn, O.H. Yarberry, mrs. m. (Kate) Blazer, Ruth and Luther Yarberry, except three hundred-fifty dollars ($350.00) being first taken out and divided equally amont the heirs of martha a. Yarberry it being estate coming thru her parents.

Second, I appoint my beloved wife martha a. Yarberry as my Executrix without bond.

Y.L. Yarberry

Signed in the presence of us:

W.O. Denton,

J.O. Denton

Filed for probate and probated by the County Court of Sevier County, Tenn., aug. 14, 1922.

H.D. Bailey, Clk.

STATE OF TENNESSEE

465

SEVIER COUNTY Aug, 9, 1921.

I, J.M. Lindsey, being of sound mind do make and publish this my last will and testament and revoking all others that may have been made by me

First, after my debts and funeral expenses have been paid I bequeath unto my beloved daughter Elizabeth (Lindsey) now Brock the following tract or parcel of land of my farm bounded as follows: Commencing at the creek and running up the hollow to the crook of the hollow and then to the left to the corner of Otha Catlett and W.J. Flynns’ then running with the line of Otha Catletts and W.J. Flynn then up the hollow with W J Flynn line up to the old fence now then running with the old fence row square across to the creek thence up the meanders of the creek to the beginning. Also one small tract of land beginning on top of knob at my corner and the corne of Columbus Leatherwood at the end of the cornfield down the ridge to a beech steump joining W.J. Flynn thence up the hollow to a chinqupin stump thence to a chestnut oak on top of the ridge joining Otha Catlett thence running with Otha Catlett until striking Will Gann’s line thence running with Will. Gann’s line to Elijah Kerr’s line thence to Columbus Leatherwoods line thence with Columbus Leatherwood Line to the beginning.

466

Second, I bequeath to my beloved son J.H. Lindsey a certain parcel or tract of land bounded as follows: Beginning at the ford in Flat Creek on said farm going up the meanders of the creek to W J Flynn’s corner thence with said line to northeast to the public road thence with Flynn’s line and the public road to the hickory and persimmon corner thence down said public road to the line of W J Flynn thence with W J Flynn to the walnut on creek bank thence up the creek to the beginning. also beginning at foot of hill then running with lines aforesaid designated for Elizabeth Brock to the crook of the hollow, the corner designated for Elizabeth Brock, thence with her line up to the Otha Catlett line, thence with W J Flynn’s line back to the beginning. also beginning at creek and following old fence row and running to W J Flynn’s line in this hollow and thence up the hollow with W J Flynn line to a point opposite the fence which runs across toward creek and thence with said fence to the creek then up the creek to the beginning.

Third. I also bequeath to my beloved daughter Maggie (Lindsey) Catlett, a certain parcel or tract of land bounded as follows: Beginning at creek with J H Lindsey thence with his line to W J Flynn’s line in hollow thence with Flynn to the beech stump thence up the ridge to Columbus Leatherwood’s corner thence with Leatherwood to the creek thence up creek to the beginning.

Fourth, I want each of the aforesaid heirs to have a right of way to and from their parcels of land.

Fifth, I except for the benfit of J H Lindsey’s house one board tree, white oak, from Elizabeth Brock’s tract of land.

Sixth, also my personal property I want sold at public auction and the proceeds equally divided among my aforenamed heirs.

Seventh, I want these heirs to pay the third of proceeds on all real estate of said tilliable land, for the support of my beloved wife. I also appoint my beloved son J H Lindsey as my executrix of this will.

J M Lindsey

Witnesses of synatures

O H Yarberry

J L Yarbery

Probated by the County Court, Sevier County, Sept 26, 1922,

H D Bailey County Court Clerk

I John R Emert being of sound mind but feeble body make this my last will and testament this Jan 16, 1922

467

my first request is that all my just debts be paid

Second I will all my Property to my wife mary J Emert during her life and she is to use the income for her support and my wife mary J Emert with the help of John Jinkins are to invest my property in a farm are home for her and the children to live on that are yet at home and at my wife death to be divided equal between Elizabeth Jenkins Kettie Gobble Pearl Fowler Morshua Williams Carie Huskey Hottie Emert Freeman Emert Blanch Emery & Gypsy Emert

Third I request that after the death of my wife that John Jenkins be my executor and place tomb rocks to me and my wife grave

his

John X R Emert

mark

Signed the Jan 16 1922

a.F. Stott

Wit.

Kettie Gobble

Lizzie Jenkins

Probated by the county court of Sevier County Oct. 9, 1922.

H.D. Bailey,

County Court Clerk.