Will Book #2

Sevier County, Tennessee

 


1

 

WILL OF LOUISA STOFLE

State of Tennessee        )           I Louisa Stofle being of sound mind and the short

Sevier County               )           period of Life and the certainty of death do this day in the presents of these witnesses Bequeath and give at my death to my half sister N. E. Romines all of my houshold furnature and utinsels except one bed sead and Bedding to G W Stofle my husband.  I also give Zuba Romines one acre of land in the corner next to Amanda Burchfield, where her house now stands the Rest of my land, I give equally to N. E. Romines and G W Stofle.  the said G W Stofle to have his part as long as he remains single or during his natural life, when the said G W Stofle should mary or die then his interest in said land to go to N E Romines,  G W Stofle and N E Romines to pay my funeral expenses.  I hereby appoint M L Maples my executor.  I give him all the power according to law to cary this my last will in to Effect this January 1897.

Witnesses                                                                                             her

                                                                                                Louisa  X  Stofle

Wm. D Romines)                                                                                  mark

W A Newman)

Admitted to Probate this Mch 23-1897

                                                                                                John Chandler

                                                                                                Clerk


WILL OF DAVID GIBSON

2

State of Tenn.   )

Sevier County   )

Know all men by these present

First

That I David Gibson of aforesaid county and State, do hereby make and publish this as my last will and testament hereby revoking and making void any and all other wills by ne at any time heretofore made.

Second

I will that all my just debts be paid out of any money that may be on hand or may first come into the hands of my Executor.

I will to my wife should she out live Mary Gibson during her natural life the use controll and benefit of my farm, said farm is situated in the 10th Civil Dist. of Sevier County Tennessee and adjoins the lands of Andrew Latham, Jas Gibson, Joshua & Alex Jenkins & Jas Tarwater and contains about 60 acres more or less.

Fourth

 

Third

I also will to my said wife Mary Gibson should she out live me any and all personal property of whatsoever kind.  After my debts are paid if any there be, that I may have at the time of my decease for her use to do with just as she may wish and for her support during life.

3  Fifth

I will and bequeath to my son Jas Gibson The sum of Ten Dollars.  this sum to be his part of my estate in full.

I will and bequeath to my daughter Riley Bailey the sum of Ten Dollars.  This amt. to constitute her share of my estate.

Sixth

WILL OF DAVID GIBSON, CONTINUED.

Seventh

I will and bequeath to my son Eb Gibson and my daughter Sarah Grahons my said farm and any and all personal property that may be on hand at the time of my wifes death to be equally divided between them.

I hereby nominate Amos Gobble as my Executor.

In witness whereof I here subscribe my mane on this the 19th day of August 1896.

                                                                                                            his

                                                                                                David  X  Gibson

                                                                                                            mark

Signed by mark in the presence of the undersigned witnesses who were called by the testator to witness this instrument on this the 19 day of August 1896.

                                                                                                J. J. Ellis

                                                                                                A.E. Gobble

Admitted to Probate

May 11-1897.

                                                                        John Chandler, Clerk


WILL OF A.M. LINE

I

 

4

The last will and testament of A.M. Line of Boyds Creek Sevier County Tenn.  I AM Line do hereby make sign and publish this as my last will and testament hereby revoking and annulling all other wills or testamentary dispositions by me at any time made.

II

 

5

I will and devise unto my beloved wife Martha Line the house wherein we now reside on my home farm on Boyds Creek together with the lot and garden and barn and barn lot and meadow above the barn and below it containg about 20 acres with the orchard &c to have and to hold to her for and during the term of her natural life.  She shall have enough of the rents, proceeds and profits of the lands herein after by me willed to our children (in addition to the above life estate) to make her a decent and comfortable support, and the same is hereby charged upon the lands.  I also will to her the house hold and kitchen furniture during her natural life also the stock farming untesils and other loose property on the place.  She is to have all of the above for and during her natural life or widowhood and this devise and bequest shall be in lieu of homestead, dower, exemption and years support and other legal proceedings of any, in favor of widows.  At her death or remarriage it is my will that all personal property remaing on hands be sold and after the payment of her just debts out of same that the balance be divided  among my children or representations of such as may be deceased.

It is my will further that my Exr’s herein after named, shall sell at public or private sale my mountain lands lying in the 6th and 11th Dist. of Sevier County and a part in Blont County being a part of the Line & Wright grant and the Joab Line Grant and also an interest in another Grant to Joab Line Geo Write and others.  They on authorized to sell same to the best advantage, I direct that they sell the springs known as the Line Springs

WILL OF A.M. LINE, CONTINUED.

and a lot run off around same of about 37 1/2 acres seprately, provided they can get as much as $1000.00 for same and provided further that they cannot sell same to better advantage with the other mountain lands.

I also direct them to sell one of my places in Jefferson County Tenn known as the old place and being my uper place and the place on which I was raised.

They will make said sales to the best advantage and on the best terms practicable.

Out of proceeds of above sales my just debts shall be paid first also the rest divided among Children or the representatives of such as may be deceased equally, except my daughter Frances Hatcher where share in my estate, I will to her in land.

6       III

It is my will further that the rest and residue of my property be equally divided among all my children including the remainder interest in the real estate willed to my wife herein above it being my intention to make them all equal in the division of my estate.

I give my son James one hundred Dollars more than the rest for the reason that he has built a house and made some improvements on my land and he shall have same in the division of the land by the assignments of the improvements to him if practicable.

V

 

IV

It is my will further that my said daughter Francis Hatcher shall have her part of my estate in land the title of which shall be vested in her for life, with remainder to her husband Reuben Hatcher for life or widowhood for the use and support of her and him and family with remainder in fee to her children and representatives of Deceased ones if any.

There are no advancements to be charged to any of my children or any allowances to any of them except the $100.00 to my son James above provided for.

V

WILL OF A.M. LINE, CONTINUED.

7    VI

My son Newton is to have one horse of the stock above mentioned worth $100.00 as I have given the others each a horse.

I nominate M B McMahan and my son James my executors.

            This April 24-1896.

                                                                                                A. M. Line

Signed executed and published in our presents and we sign same in presence of each other and of testator and being specially called by the testator as witnesses.

A. W. Butler

J. D. Williams

Admitted to probate  May 3-1897 -

                                                                                    John Chandler Clerk.

8


WILL OF J.W. ROGERS

                                                                                                March 18-1896

To My wife and Children

            This is my desire and wish in regard to manageing your affairs.  My wife must hold the farm and all its belonging to maintain the family on but in case she remarries or dies then the proceeds to go the Children.  I wish to give to each of the children one thousand dollars each to be kept at interest until they are 21 years old.  then to be used in the purchase of a home.  The interest may be used to support or school the children.  My wife will hold the remainder in trust, using the interest if needed.  At her death or

WILL OF J.W. ROGERS, CONTINUED.

remarriage, the funds all must revert to the children, all other personal property to be managed the same way.

My wife so long as she complies with my desires, will manage the business and attend to the schooling of the children without being required to give bond.

The farm may be sold to one of the children but to no one elce.  The proceeds going equally to the children But not to be sold until after the death or remarriage of my wife and not then until the youngest child is of age.

                                                                                                J. W. Rogers

9

P.S.  In all trades of any magnitude I appoint P.M. Rogers to assist my wife in making them and he must concur to make them valid if from any cause she becomes in competent I appoint him to attend.

            This May 15-1896.

                                                                                                J. W. Rogers

Signed and seated in our presents this May 15-1896

                                                                                                J. P. Henderson

                                                                                                W. M. Rogers

Admitted to probate April 15-1897.

                                                                                    John Chandler, Clerk.


WILL OF DOCTOR FUQUAY POLLARD

10

State of Tennessee        )           I Doctor Fuquay Pollard of Sinking Spring P.O. in the

County of Sevier           )           12” Civil district of Sevier County Tennessee being of Sound and disposing mind and memory do hereby make and publish this as and for my last will and testament hereby revoking and making void every and all other will or wills by me at any time heretofore made.  And first I direct my executor herein after named to pay all my just debts funeral expenses incident to the administration of my estate as soon as reasonably may be after my decease.

11

    Item

Item.  I hereby will and desire that my farm known as the upper Tuckey Hoe creek farm be sold at public or private sale after my decease unless disposed of by me during life and the proceeds of the sale of said farm to be applied to the liquidation of my son William Anderson Pollard deceased indebtedness for which I am liable amounting to in all at this time about Six hundred dollars including principal interest and other expenses incident to said claim.  The remainder of the proceeds to be applied as herein after designated this farm contains 133 acres and bounded as follows:  on the north by Snyders on the south by Phillips on the East by Snyder and west by Snyder.

            I give devise and bequeath to Martha Jane Pollard my daughter Virgil Fuqua Pollard and Mandrake Greenberry Pollard my sons the land and improvements where I now live containing 48 acres and in addition to this a certain boundary crossing dumplin creek at a Point intersecting with the original tract at the old mill site Thence a straight line due south to the top of the bluff Thence in an easterly direction to a large sycamore tree at the end of a hew ditch on the Bob Wilson branch Thence due east to the James

WILL OF DOCTOR FUQUAY POLLARD, CONTINUED.

Item

Underwood line Then with James underwood line north to the ford of creek corner of old Homestead.

12

In the event Martha Jane Pollard my daughter Virgil Fuquay Pollard and Mandrake Greenberry Pollard my sons cannot agree among themselves the real estate set apart for them as heretofore described is not to be sold but Wm. Snyder my son in law and George Pollard my son are to divide the land equally between them.  Mandrake Greenberry Pollard to have the buildings and the value of said buildings not to be regarded in the division.  I further give divise and bequeath that these heirs of mine above named One horse bridle and saddle each to be of the same value charged to her heirs is $150.00.  One cow each valued at $25.00, Household and kitchen furniture valued at $30.00 One years provision valued at $25.00 and farming tools valued at $10.00 each for Virgil Fuquay Pollard and Mandrake Greenberry Pollard this being the amount charged to Wm. Anderson Pollard Alex Pollard and George Pollard for farming implements.  The Personalty bequeathed is to equalize with those named off.  The real estate is bequeathed for the benefit of Martha Jane Pollard.  I Doctor Fuqua Pollard Security to William Snyder my son in law husband of Mary Elizabeth Snyder my daughter for about $400.00 going to the administrators of Peny Cate deceased.  I am also liable for about $600.00 Six hundred dollars for my son Wm. Anderson Pollard dec and about $300.00 for George Pollard my son.  Now if the above amounts specified to the above named heirs be paid off by then before my estate becomes liable for said claims they are to be accorded the stipulations herein after mentioned in this my last will and testament if not and my estate becomes liable said amounts are to be deducted from their portions of my estates of such

WILL OF DOCTOR FUQUAY POLLARD, CONTINUED.

13

portions as remain unpaid by them.  I am also liable for my son Alex Pollard to the amount of ($50.00) Fifty dollars which comes under above provisions.  I have also paid to Mary Elizabeth Snyder my daughter the sum of Two hundred dollars the same to be charged to their part.

George Pollard is due me on settlement Twenty one dollars and six cents.  Noah Atchley son in law husband of Nannie Atchley dec my daughter is due my twenty one dollars this with other matters all ready mentioned includes claims against my heirs which amounts if not paid during my life or to my Executor after my decease shall be deducted from their portions of my estate real and personal.

Item.  I further devise and bequeath to my heirs viz Mary Elizabeth Snyder, George Pollard, Alex Pollard, Nannie Atchley dec or her heirs Malissie Bill Griffey, Martha Jane Pollard, Virgil Fuqua Pollard, and Mandrake Greenberry Pollard, my farm South of dumplin creek containing about one hundred and twenty five acres and that said farm shall be divided Equally or the Proceeds if sold be divided equally after charges have been deducted against any heir for whom my estate becomes liable.

14

I regard that my estate will be liable for an an amount to cover the prosata of said farm so far as the claims of the heirs of my son William Anderson Pollard dec is concerned and for this reason do not mention them or him in this distribution of the 125 acres bequeathed.

Item.  All the rest of my property real and personal not heretofore mentioned I give devise and bequeath to my heirs except the heirs of William Anderson Pollard dec to be divided equally between them or their heirs executors administrators and assigns for ever. 

WILL OF DOCTOR FUQUAY POLLARD, CONTINUED.

It is my desire that the working of this instrument in witness whereof I affix my seal May 5 1897 be executed.  Doctor Fuquy Pollard.

Signed sealed published and declared by Doctor Fuqua Pollard the above named testator as and for his last will and testament in the presence and in the presence of each other have here unto subscribed our names us witnesses May 5, 1897. 

Thomas Hickman, Cynthiana Jeff Co Tenn.

William Henderson Hickman, Cynthiana Tenn

CODICIL

15

Be it known unto all men by these presents I the said Doctor Fuquay Pollard of Sinking Spring P.O. in the County of Sevier and the State of Tennessee.  Gentleman have made and declared my last will and testament bearing date the 5th day of May 1897 One thousand Eight hundred and ninty seven.  I the said Doctor Fuquay Pollard by this present codicil do ratify and confirm my said last will and Testament except the provision of said will that was made for the benefit of Malissa Bell Griffey my daughter which I hereby revoke and give devise and bequeath to her during her natural life and then to her heirs and if none to next nearest kin such provisions as stipulated in aforesaid will revoking the part only that innres to her sole benefit.

Item.  I do hereby nominate my son George Pollard and son in law W. H. Snyder to be the Executors of this my last will and testament and my will and meaning is that this codicil be adjudged to be part of my last will and testament and that all things herein mentioned and contained except the part revoked in this present codicil be fully and amply performed in every respect and the working of this codicil be so regarded as set

WILL OF DOCTOR FUQUAY POLLARD, CONTINUED.

down in my said last will and testament on the 5” of May 1897 and signed by me in the presence of Thomas Hickman and W.H. Hickman.  Witness my hand this 10th day of May One thousand Eight hundred and ninty seven.

                                                                        Doctor Fuquay Pollard

Signed sealed published and declared by the said Doctor Fuqua Pollard as a codicil to his last will and testament in the presence of us the subscribers

                                                                                    T. J. Hickman

                                                                                    W. H. Hickman

16

CODICIL NO. 2

Be it known unto all men by these presents.  I the said Doctor Fuqua Pollard of Sinking Spring Post office in the County of Sevier and State of Tennessee Gentleman have made and declared my last will and testament bearing date the 5” day of May 1897.  I also supplemented said last will and testament on the 10” day of May 1897 and the same was witnessed by W.H. Hickman and T.J. Hickman all of Sevier County Tenn.  Now I Doctor Fuquay Pollard of the afore said Post office county and State in this Codicil no. 2 Hereby ratify and confirm my said last will and testament bearing date of May fifth Eighteen hundred and ninty seven and witnessed by William Henderson Hickman and Thomas Hickman of Cynthiana Tennessee and revoke that part of codicil dated on May 10th 1897 heretofore mentioned that relates to my daughter Malissa Bell Griffey and hereby declare that it is my will that she receive the benefit of my estate as set forth in original will of May 5th 1897.  I hereby ratify my nomination of my son George Pollard and son in law W.H. Snyder to be the Executors of this my last will and testament the same being

WILL OF DOCTOR FUQUAY POLLARD, CONTINUED.

stipulated in former codicil bearing date May 10th 1897 witness my hand this 22nd day of May one thousand Eight hundred and ninty seven.

                                                                                                            his

                                                                                    Doctor Fuquay X Pollard

                                                                                                            mark

Attest

W.H. Randles

W.H. Hickman

17

Signed sealed published and declared by the said Doctor Fuquay Pollard as codicil no. 2 to his last will and testament in the presence of us the subscribers.

W. H. Randles, Sinking Spring, Tennessee

W.H. Hickman, Cynthiana, Tennessee

Admitted to probate June 17 1897.

                                                                                    C. W. Fox Chairman

                                                                                    John Chandler Clerk


WILL OF DANIEL CONATSER

18

I Daniel Conatser of the fourth district in the county of Sevier being of sound mind, 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 Executors hereafter named pay all my just debts and funeral expenses as soon after my deceased has conveniently may be.  After the payment of such funeral expenses and debts I give devise and bequeath that my wife Vina Conatser shall have and hold all my entire estate her life time and further more at her death it shall be that one half interest of my estate shall be given to her last heirs.  The other half shall be given to the nearest relative of my body on conditions that they are satisfied with the former will that I have made.  If not they shall have no part in the same, and I have willed Vina Bowlin one dollar $1.00 for which is to be paid by my executor after my debts is paid.  I appoint F.E. Robertson to be executor of this my last will and testament hereby revoking all former wills by me made in witness whereof I have here unto subscribed my name and affixed my seal the first day of April 1897. 

                                                                                                (Sealed) Daniel Conatser

19

This instrument was on the day of the date there of signed and declared by the said testator to be his last will and testament in the presence of us who at his request have subscribed our names as witnesses in his presence and in the presence of each other.

                                                                                                J.T.M. Conaster

                                                                                                J.N. Conatser

                                                                                                A.J.R. Conatser

Admitted to Probate on the 7” day of June 1897.

                                                                                                John Chandler, clerk.

20

WILL OF NANCY A. KIRBY. DEC’D.

State of Tennessee        )                       Will

Sevier County               )

I Nancy A Kirby do make & Publish this as my last will and testament hereby revoking and making void all other by me at any time made.

First, I direct that my funeral expenses and all my debts that has incurred during my sickness be paid out of a note due against J. H. Carey as soon after my death as possible out of said note or any money come into the hands of my Executor.

21

Secondly, I give and bequeath to Mary E. Clark five Dollars.  Thirdly, I give and bequeath to J.E. Russell five Dollars.  Fourthly, I give and bequeath Wm. C. C. Russell five Dollars.  Fifth, I give and bequeath to Sarah P. Derrick five Dollars to be collected out of the estate coming from my father.  Sixth, I give and bequeath to my husband J. L. Kirby the remainder of my estate coming from my father for the following purposes, first for the purpose of raising my two younger sons A.T. Kirby & Charles D. W. Kirby and for his use while he needs and wants it.  Then it is to be divided between my six heirs named in this will.  Should J. E. Russell hold a one fifth interest conveyed to him in the home tract of land then he is not to have a division of my estate only the five Dollars.  Otherwise he is to share equally.  Should Sallie P. Derrick collect and hold the money that she is contending for in court out of my husband J.L. Kirby she is not to have any part in my estate except the five Dollars.  The estate that I bequeath to my husband J.L. Kirby is to be put in real estate and dispose of as above mentioned.  Seventh, I bequeath to my son Wm. C. C. Russell out of my property now at home one bed and side saddle.

WILL OF NANCY A. KIRBY, DECD. CONTINUED.

Lastly, I do hereby nominate and appoint J. P. Price my executor in witness whereof I do to this my will set my hand this 16th day of June 1897.

                                                                                                her

                                                                                    Nancy A Kirby

                                                                                                mark

Signed and published in our presence and we have subscribed our names hereto in the presence of the Testator this 16th day of June 1897.

                                                                                    W. R. Price

                                                                                    J. W. Tudor

Admitted to probate August 16th 1897.

                                                                                    John Chandler, Clk.

22


WILL OF NANCY MCMAHAN

I

I Nancy McMahan of the County of Sevier and State of Tennessee do make and publish this my last will and testament hereby revoking and annulling all wills or testament any dispositions by me at any time heretofore made.

I give to each of my grand children the children of my daughter Manda McMahan one bed and the necessary bed clothes and clothing and to my son W.P. McMahan I give four beds and the necessary bed clothes and clothing, as to the rest of my house hold and kitchen furniture it is my will that the same be divided in kind and in value in the same proportion between all of said persons.

II

WILL OF NANCY MCMAHAN, CONTINUED.

III

I have a good mare, 6 hogs, 2 milck cows and some yearlings; also some rent wheat now on hands and some rent corn to become due for the present year: also one old buggy and a wagon all of which I give to my said son W.P. McMahan.

23 

      IIII

All of my notes accounts moneys on hand or in bank and all other personal property of any description I give to my said son W.P. McMahan except five hundred Dollars which I give to my said grand daughter to be equally divided between them.

I hereby appoint M B McMahan my Executor to execute the provisions of this my last will and testament.

                                                                                    This Oct 15 1896

                                                                                                her

                                                                                    Nancy  McMahan

                                                                                                mark

The undersigned being specially requested Thereto by the Testatrix hereby sign our names as witnesses to the foregoing will in the presence of each other and of the testator and she makes her mark to signature in our presence the day and date last above written.

                                                                                    P.E. Walker

                                                                                    P.J. Gilbert

I Nancy McMahan do make and Publish this as a codicil to the foregoing will.  I nominate and appoint my son W.P. McMahan sole executor of this my last will this Sept. 24th 1897.

                                                                                                her

                                                                                    Nancy  McMahan

                                                                                                mark

WILL OF NANCY MCMAHAN, CONTINUED.

Signed by mark in our presence and we attest this codicil in the presence of testatrix and of each other being called thereunto by her.

                                                                                    Edw. H. Pearce, M.D.

                                                                                    Birdie McMahan

Admitted to Probate

December 3rd 1897

                                                                                    John Chandler, Co. Clk.

24


WILL OF A. R. ALLEN

I A. R. Allen of Sevier County Tennessee do make and publish as my last will and Testament hereby revoking and making void all others by me at any time made.

1st

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

2nd

I hereby make a charge upon all the lands I now own to wit the land on flat creek where I and my sons David and Samuel now live, and on my interest in what is known as the Thomas tract on flat creek and on the lands on Pigion River where my son A.G.W. Allen now lives for the support of myself duing life, and also for the support of my wife during her life in case she shall not marry again during her life, and in the event she should remarry, then during her widowhood and no longer.

3rd

WILL OF A.R. ALLEN, CONTINUED.

4th

I bequeath to my daughter Mary Blair Two hundred dollars in cash in addition to what I have already given her which will be in full of the amount which I can  give her out of my estate I having already given her about Seven hundred dollars in money and about one hundred dollars in personal property.

5th

 

25

I Bequeath to my daughter Elizabeth Archey two hundred dollars in cash in addition to the amount already given her which will be in full of her share in my estate I having heretofore given her seven hundred dollars in money and about one hundred dollars in personal property.

6th

I have already given my son Daniel Allen land by deed worth one thousand dollars and money and other personal property which I think pays him in full his distributive share of my estate.

7th

I Bequeath to my son Sanford Allen two hundred dollars in addition to the land heretofore deeded to him and the money and personal property given him which is in full of his distributive share of my estate.

8th

I Bequeath to my daughter Martha Burchfield two hundred dollars in cash in addition to the lands heretofore deeded to her and the money and personal property given her which is in full of her distributive share of my estate.

I Bequeath to Bruce Layman only son of my deceased daughter Eda Layman nine hundred dollars with the interest thereon from this date and also one hundred dollars additional in personal property or money to be paid to him by Executor when he arrives at the age of twenty one years of if he should marry and settle before that time then when he marrys and settles whether he be twenty one years old or not in the event he should die

26

WILL OF A.R. ALLEN, CONTINUED.

9th

without issue or before said fund is reduced to possession then it is my will that it be divided equally among my children or the represenatives of the children should any of them be dead, and I direct that Executor hold or loan the bequest to my said grand son until he can properly pay the same under the provisions of this will.

10th

I have conveyed to my son Albert Allen by unregistered deed the lands which I bought from George M Duggan on the East Fork of little Pigeon River where he now lives, he has paid me four hundred dollars on said land and I hereby relinquish any further claim which I or my heirs might have on said lands to my said son Albert Allen and desire the same to him.  I have heretofore given him about one hundred dollars worth of personal property which in connection with the lands herein before mentioned make his full distributive share of my estate.

11th

I have conveyed to my daughter Nancy Fergusson the land where she now lives and the place known as the Eslinger place and also about one hundred dollars worth of personal property worth in all about one thousand dollars her part of my estate.

12 & 13

I Bequeath to my daughter Lila Atchley two hundred dollars in cash which in addition to what has already been given in money and personal property will make her part of my estate.

27

I devise to my sons David & Samuel Allen as tenants in common the lands where I now live and where they now live and also the tract known as the Thomas tract on big flat creek the same being all the lands owned by me not herein before devised.

14th

WILL OF A.R. ALLEN, CONTINUED.

15th