Page 447
Will of J. C. Murphy
Know all men by these presents that I, J. C. Murphy of
Sevier County, Tennessee being advanced in years that in good health and of
sound mind and disposing memory do here by make and publish this my last will
and testament hereby revoking and nulling any and all other wills by me
heretofore at any time made.
First:
Page 448
Rules on mutual agreement between her and he and in
said home farm lying in severe County on the Big East fork of little pigeon
River adjoining the lands of the Hodsden heirs Alexander Nuembanger, the Darius
Robertson’s farm and said River: also another small piece of land and adjoining
said home farm and lying near the church Murphy’s Chapel, containing about 1
acre and also another small track of land adjoining P. R. Emert and others
known as the Isa Hill entry and contains about 6 ¼ acres and bought by me at
the sale of R. H Hodsden (deceased) and also one other small piece of six acres
of the same width as the last named 6 ¼ acres and lying or running parallel
with the same on the southeast side of it and bounded as follows;
Began in and the 6 ¼ acres corner and Elbert Early
announced Stephen Hinds and running with him toward the river a sufficient
distance to make the six acres aforesaid. All the aforesaid lands to be
valued are hereby valued to the said John Murphy at the sum of $6000 but the
said John Murphy shall not be charged with interest on the foregoing valuation
for foregoing value dictation unto said lands fall into his control as hearing
in contained explained at his mother’s death. Third I will and bequeath
to my daughters era he can announce era he actually hearing her naturalized
into her tears, two farms that she now lives onto it: are pieces known as the
George Parry track containing something near 100 and cayenne acres the other
trackball by me at the sale of R. H. Hodson deceased and containing about 130
acres both these track of lying in the 15th civil district of Sevier
County and then and adjoining the lands of thereon outlined and others.
These two tracks of land are varied by me to my said daughter had $1400
Page 449
But also include herein advancements made to her prior
to the 25th day of October 1875 of about $300 making in all in this
charge to her at this time $1700. Also one other tract of land situated
in the 13th civil during district of Sevier County known as the
Nancy tract No. 11 in my plat of mountain land containing 78 ½ acres.
Also one other tract of land No. 12 in said plat a adjoining the last named
tract and known as the Suton track containing 74 acres. These two last
named tracks are willed to Sara E. and her heirs the former taking a child’s
part to be disposed of by the them at anytime after my death and in such manner
as they see proper. By the assigning to remove the restrictions on the
two last tracks here named to it No. 11 and No. 12 in plat which I have placed
on the two first named tracks. These two last named tracks are hereby
value to said Sarah E. and her heirs at the sum of $1000 making the entire
value of all the said lands herein devised to said Sarah E. and her children as
aforesaid $2700.
I further desire and will do what ever then maybe come
to Sara E. and her heirs to make her equal to the others of my children shall
be paid to Sara he for (she taking a child’s part with her children
Page 450
And her children or heirs equally by my executor or
demonstrator these disbursements to be made by my said executor to the children
aforesaid as they become of age if this can be done and apart this area he and
she may need to sign if this can be done;
Fourth, I will and bequeath to my daughter Priscilla
Newcomb during her natural life and then to her heirs the farm where she now
lives and known as to C. A. Cleminson farm containing 125 acres. This
farm is valued to her at $1300 which with $300 advancement made to her prior to
the 21st day of October 1875 makes a full amount your charge to
$1600. Also willed and desire to her the said Priscilla during her
natural life then to her heirs another track parcel of land which are purchased
of John Murphy my son lying in the 4th civil district and on the
south or southeast side of little East Fork bounded as follows commencing on a
post oak corner to Mcembarger and Hodsden’ heirs thence running with Mcembarger
2 this said Little East Fork then it down be meander of same to near a water or
gap opposite the old turning row present turning row and fence row then running
with said turning row near West corner to a cedar with the lap cut out in said
turning row or fence row and then was said turning row too big road and lane
and crossing same to line of Fox and Hodsden and the end with said Fox and
Hodgens line to the beginning supposed to contain 40 acres more or less
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This track is valued to her at the sum of $1200.
Also I. Will and bequeath to the said Priscilla absolutely to dispose all that
she deems best another track of land situated in the 13 civil district of
severe County and Lot No. 8 in my plat of mountain lands aforesaid known as the
big chestnut plant track containing 115 acres in value to her at the price of
$900. All of the aforesaid tracts of land here devised to said Priscilla
valued by me at $3700. The rest of her share to make her equal to my
other children shall be paid to her by my executor or administrators.
Fifth, I will and devise to my son W. C. Murphy, a
track land situated in the 13th civil district of severe county
known as the old fields and Lot No. 15 and my plat of mountain lands containing
184 acres and valued at to him at $1200. The said W. C. Murphy shall be
made equal to my other children by funds to be paid to him by my executor or
administrators.
Sixth, I will and devise to my daughter Margaret C.
Dickey during her natural life and then to her heirs track land where she now
lives and which I purchased from John Murphy except six acres heretofore willed
and devise to John Murphy on the
Page 452
Backside and corner of the same containing 194 acres
more or less and value to her at $2200. I also will and bequeath to said
Margaret E. during her natural life and then to her heirs another tract on the
west side of little east fork and opposite the dwelling house where she now
lives commencing at the Bank of the river of aforesaid near the bank gate and
the old road thence running with a conditional line of me and A. E. Murphy
established by us in his lifetime the fence being near said line or probably on
it to a black oak on the line of myself and Hodsden heirs at the big road near
the gate then running south or SE with the public road and then the line of Fox
and Hodgins to the turning row that divides VS and the track devised to pursue
a new crowd as hereinbefore mentioned and described thence with said
Priscilla’s line to the little in East Fork just above the water gap thence
down the meanders of said river to the beginning containing 25 acres more or
less valued to said Margaret E. at $800 or both the foregoing tracks last named
at $3000. I also will and bequeath to said Margaret E. Dickey during her
natural life and then at her death to her heirs.
Page 453
One of the track of land known as is Sneed farm and
No. 9 and my plat of mountain land and situated in the third a civil district
of Sevier county containing 125 acres more or less and value to her at the sum
of $900 making all the lands herein devised to said Margaret E. value at $3900
any balance that may be necessary to make the said Margaret E. equal in amount
to other children I desire that my executors to pay her if on hand as she may
need to same.
7th, I will and devised to the heirs of A.
E. Murphy deceased to wit Mattie Murphy, Alexander Murphy, S. C. Murphy,
Mary Murphy, JC Murphy (Jr.) and Campbell Murphy a tract of land cutoff of the
Fox and Mcmitt at farm it be in the lower half or division of said farm as
shown by the conditional line established by me and the said AE Murphy in his
lifetime containing 300 acres more or less and situated in the fourth civil
district of Sevier county adjoining the lands of Isaac Trotter, Hodson’s heirs
and the lands herein.
Page 454
Devised to Margaret E. Dickey and valued at $4000 said
land to be held in common by said children of AE Murphy and not to be so or
divided by any of them until the youngest one shall become of age then to be so
or divided as they seem best and must equitable for them. Also one other
track I Will to said heirs lying on the waters of the Big East for a little
pigeon River in the 13th civil district of said County and Lot No. 10 as shown
in plot of mountain lands containing 80 ½ acres and known as the Emerts Cove
Road track. Also all will said heirs one other track No. 14 in said map
or plat of mountain lands containing 83 acres and two rods known as the little
chestnut track farm both of these two last name tracks valued at them at
$1100. These two last name tracks may be so, executor at such time and in
such manner as they may deem most advantageous to said children or if deemed
best it may be held by said children. All of the land herein devise to
said AE Murphy’s heirs are valued to
Page 455
them at $5100 and any balance that maybe due
them to make them equal and amount to the rest of my children shall be paid
them by my executors.
I will and devised to my heirs of my deceased daughter
Rebecca to wit: M. H. Dickey (now Leaks) Robert Dickey, Stuart Dickey,
and Loretta Dickey lime farm known as the ceilings farm also the farm known as
the J. W. Mitchell farm and a small track of five acres known as a Micajah
Butler piece adjoining Fowler and others and all of which lies in the fourth
civil district of Sevier County and bounded by Fox Simmers and others and
containing 108 acres more or less than valued to them by many at $2800.
These land shall be held in comments by said heirs is not so nor divided to the
youngest child shall become of age also another known as a Duggan track and No.
4 in my plat of mountain land containing 87 acres in one rod. It also one
other track known as the Lowe track and Lot No. 3 as shown in said plot
containing 43 acres and adjoining Lot No. 4.
Page 456
Making in both last tracks named 138 acres valued to
them at $950 these last two tracks may be sold by my executors at any time and
in any manner that they may deem best for said heirs. All of the land
herein devised to said last named heirs valued at $3750 any balance that may be
due said heirs to make them equal with the rest my children shall be paid them
by my executors.
Ninth, how well and denies to my two granddaughters
Mary Carver now Mary Simms, Della P. Murphy equally to tracts of land to wit:
situated in the 13th civil district of said County on Binds Creek there being
lots No. 1 and No. 2 and my plot of mountain lands No. 1 containing 51 acres
and three rods known as the Ogle track and No. 2 containing 42 acres and three
rods and known as the Tennessee track making in both 93 acres and six rods.
I value these lands a $650 this I give them for services rendered myself and
their grandmother and it is not to be considered as any part of my estate going
to either of their parents but to be separate and apart and for their benefit
only.
Tenth, I will that all my debts due me now or
hereafter to become due me from any of my children and heirs as mentioned in my
will as shown
Page 457
My receipts accounts notes are otherwise shall be
counted to them severally and respectively as advancements and at the time said
indebtedness was made that no interest shall be charged to any of them on such
advancements and for such receipts accounts and etc reference is then made to
my receipts on file and my account book labeled Children’s book.
Eleventh, it is my Will that no timber shall be sold
off any of the land herein and bequeathed at any other devises except by
consent of my executors.
Twelfth, it is my will that all of my heirs shall
settle on the basis of my will and that if any one of the said heirs shall institute
suit against my estate contrary to my will than it is not my will that such one
shall not received anything for my estate but that his or her part shall be
once divided equally between all the rest are my heirs.
Thirteenth, it is my will that all my children shall
share equally and my estate and should any of them under the provisions of this
my will receive more than his share on the basis of this will there such ones
shall account to my estate for any overplus two years shall be
Page 458
Given such an one in which to settle said overplus and
interest shall be charged on said overplus for said two years or until paid and
should payment not be made within two years than my executors shall sale enough
of his or her or their land either at private or public sale to pay same with
interest.
Fourteen, I will and bequeathed that all my lands not
herein before devised and will and personal property shall be sold by my
executor on such terms as they may think best except for such as my wife may
need for her purposes during her life.
Fifteenth, I hereby reserved the right to change or
add to this will by codicil signed by me and witnesses as I may deem right and
proper and such codicil to be considered as part in partial of my Will.
Sixteenth, I hereby appoint my sons John N. M. C.
Murphy my executors to carry out the provisions of this my last Will and
testament. In witness of all of which I have hereunto set my hand and
seal on this the 12th day of December 1889.
Signed
J. C. Murphy
We the undersigned were called especially by J. C.
Murphy above to witness said will which was signed in our presence and date
above written
J. R. Pearland
M. C. Robertson
Page 459
I, J. C. Murphy BN in rather feeble health butt of
sound mind and disposing memory do hereby make and I and the following
provisions a codicil to my last Will and testament heretofore made to wit: on
the 12th day of December 1889 which were to be considered with and
become a part of said will and become full force and effect and setting that my
estate by my executors.
First in disposing my home farm where I now live as
shown by item two of said Will I made no exceptions or reservations of the
graveyard or burying ground on said farm known as the Murphy graveyard.
I now hereby reserve said graveyard out of said devise
of said tract of land together with right-of-way over in a suitable greyhound
to it from the public road near the river. It is my will that said plat
or partial graveyard now fenced off and constitutes said graveyard be used as a
family burying ground for my children and their legal heirs and for such other
persons as they in their judgment makes the proper to allow buryment theirin a
right-of-way to same from public road is
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Specially reserve to save suitable ground where least
damage will be done to growing crops or the land it is not intended.
Hereby to lay off any road or definitely fixed way from the road to say
graveyard but to give right-of-way over the land where it will would do the least
damage at particular time.
Second, there are certain matters of account and
growing of between myself and my son John Murphy between the day of September 4th
1886 and the present day including various items some for money furnished by me
to said son John and some for other matters amounting in all about $800 but
part of which has been repaid to me from time to time by my said son we have at
this day adjusted all matters of account on note between us between said two
dates into it September 4th 1886 and this day and while it has
perhaps not been fully paid to me that my son said son John Murphy owed me yet
for satisfactory reasons to myself it is my will that my executors charge my
son John Murphy on no
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Items of account between said date herein named that
all said matters between said day to be considered settled and squared between
us.
Third, in the ninth item of my said will I give and
devised to my two granddaughters to wit. Mary Simms and Della P. Murphy (now
Chandler) equally to certain parcels or lots of land known as lots No. 1 and 2
in the plat of my mountain lands one known as the Ogle track and the other one
as Tennessee track when containing 51 acres and the other 42 or both together
93 acres. I now change said item of my said will so as to give and devise
both of said lots or parcels of land in full to said Mary Simms alone to do
with the same as she may think proper.
For the 80 ½ acre lot of land known as Lot No. 10 in
my plat of mountains lands which in my said will was devise to the heirs of A.
E. Murphy I now hereby devise and give to Della P. Murphy (now Della P.
Chandler) my granddaughter during her natural life then
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Then the remainder to go to her legal heirs first
heirs of her body if she should have any if not then to her legal heirs.
This is given to said Della P. to compensate her for what was taken away from
her by the preceding items in this codicil.
Fifth, consider changing the heirs of A. E. Murphy
with $1100 in item 7 of my said will for lots No. 10 and 14 containing 80½
acres and 83 acres respectively I now change them only $550 for the 83 acre
tract No. 14 in said plat of land. The 80 ½ acre tract being No. 10 and
having herein by item 4 of this codicil devised to my granddaughter, Della P.
Chandler and the two being valued at the same by me I therefore reduce said
charge from $1100 to $550 giving to the heirs of A. E. Murphy only the 83 acre
track consider both as shown in said will item 7 in witness
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Where all I hereto set my hand and seal in the presents
of the undersigned witnesses on this the 20th day of August 1894.
James C. Murphy
We the underside witnesses were especially, by J. C.
Murphy whose name is above signed. To witness this installment as part of
his last will and testament.
Witnesses
N.D. Simms
L. D. Robertson
Page 464
Malinda Sneed will's
Know all man by these presents that I Melinda Sneed of
Strawberry Plains Jefferson County state of Tennessee considering the
uncertainty of life and being sound mind and memory do make and declare and
publish this my last will and testament.
First, I give my spirit to God who gave it
Second, I give and bequeath unto the D. H. Willis and
Sarah Willis is why and the heirs of my body the farm lying on Holston River
known as the Todd farm where Isaac White now lives.
Third, I give and bequeath unto the heirs of my body
where Mariah Henry and Minerva Saffell and my brother William Bryan (deceased)
space the proceeds of the French Broad farm which shall be sold by my executor
who I Nominate and herein after appoint.
Fourth, I give and bequeath to Mrs. Sarah Willis my
one-half interest in the house and lot situated in Strawberry Plains. The
bequeath to take possession at the death of my sister Elizabeth Carter.
Fifth, I give and bequeath to Isaac White to
promissory notes which I hold against him for loaned money and must be turned
over to him by my executor.
Page 465
Sixth, I give and bequeath to Mrs. Margaret Farmer
$100 to be paid her in cash by my executor.
Seventh, I give and bequeath to Jane Fulton $100 to be
paid her in cash by my executor.
Eighth, I set apart a full and sufficient sum of cash
out of my personal property to enclose the graves of my deceased husband and
daughter and myself with iron fence and also durable and neat tombstone
together with funeral expenses.
Ninth, I give and bequeath all the remaining portion
of my personal estate which I made me signed of at the time of decease to heirs
named in clause 3 of this my last will and testament. I nominate and
appoint the D. H. Willis to be the executor of this my last will and testament
without bond in testimony whereof I have this last will and testament. I
subscribe my name and set my seal this the 20th day of August
A.D.1894
M. Sneed
Page 466
Signed sealed declared and published by the said
Melinda Sneed and for her last will and testament in the presence of us at her
request and in her presence, in the presence of each of us have subscribed our
names as witness hereto
R. L. McDowell
N. M. Dukes
Page 467
Will of William Catlett
I, William Catlett of Sevierville TN do make this and
publish it as my last Will and testament hereby revoking and annulling all
other wills or testaments dispositions by me at any time made.
First, I will bequeath unto the children of my sister
Clarissa Wells this sum of $2000 each except Mrs. Ada Beal, and I devised to
her that part of my home farm which lies on the southwest side of Middle Creek
including the hotel property and adjacent buildings the same being bounded by
the lands of M. P. Thomas Murphy college property William Dixons lot and
the road to the Creek and the Creek; to have and to hold during her natural
life, and then in remainder for life to her two children Ben and Stella, and
the remainder in fee to the right heirs. Also direct that all of the
proceeds and profits of the property so will to said children, their said
Mother Clarice Wells, shall receive so far as necessary as good and comfortable
support while living.
I Will and bequeath unto my said Sister, the sum of $1000,
which I direct that she deposited in the bank of Sevierville.
Page 468
To be drawn principal on interest and she may need to
same.
I will and bequeath unto the two living daughters of
my deceased brother, James P. Catlett, towit Clara and Anna Catlett the sum of
$2000 in each and also the son of $1000 and interest according to the terms and
with conditions of a certain contract made with her mother as guardian.
I Will and devise and to James M. Catlett son of my
said deceased brother now one-half of the land purchased at Chancery sale and
sold as lands of my said brother, lying on the French broad river adjoining W.
R. Catlett, McCroskey lands and others, it is my will that my half of the same
be paid out of my estate, and it is my will that he take and hold the same for
the use and support and benefit of himself and family. After his decease
it is my Will and that his present wife shall have her support out of the same,
while she lives and at her death or at the death of the survivor the same shall
go and be divided among their children or the representatives of the same, as
they may then survive, I limit the rights of the said James M. and wife in the
lands to their support and maintenance, this device shall be a satisfactory of
the obligation
Page 469
I entered into with him to will him the sun of $1500
with interest. In case of the raising of our bid on said land or case of
failure to get the same in any way, is my will that sum of money so be laid out
by many be laid down by my executor and other lands for his use and that of his
family, the title to be taken on the term conditions and limitations herein
above set out. He and my co-purchasers may divide the lands and if necessary
they may select in writing each a man who is highly unconnected and disinterested
and these two may choose a third such man to make a division for them. I
will and devise unto W. R Catlett son of my said deceased brother, the sum of
$2000.
I will and bequeath into the children of Mrs. Addie
Henderson, my niece the sum of $2000 to be divided equally among them.
I will and bequeath unto the children now living of my
deceased brother Henry S. Catlett
Page 470
The sum of $2000 each.
I Will and devise unto Nan Reneau, wife of Robt.
Reneau for life with reminder to her children for the benefit of the
family. The part of my home farm where they now live lying between the
river and the creek and the land the Sam W. McMahan.
I also will and devise to the said Addie Beal and
children, and the said Nan Reneau and children (to be held respectively on the
terms of the other divisors hereto for made to them) that part of my home farm,
lying beyond the river, adjoining the river, the lands of Chandler and Walker,
A.P. Rawlings and perhaps others to be divided between them about a line to be
run from the river bank, and the said Reneau have the lower end. If they
(Mrs. Beal and Mrs. Reneau) cannot agree on a line they shall select each a
disinterested and unconnected man and these two shall select a third man of
like character who shall make the division for them in writing and the same
shall be binding.
Page 471
I will and bequeath unto the children of John Sharp
and his deceased wife Mary Sharp the lands I own on Flat Creek, known as the
Toomey hill and Parrott lands, adjoining the lands of Hill and others and being
the lands where Geo Parrott recently lived, for their used during live with
reminder to their children respectively.
I will and devise unto John Fleming the sum of $1000
to be expanded in land the title to be taken so as to limit it to the use of
himself and family for life and remainder to of his children and their
representatives, if any and if not to his rightfully heirs.
I also will and devise unto the children of Lula
Johnson, daughter of H.S. Catlett, the sum of $500, to be laid out in real
estate for his use and benefit.
It is my will and direction that my executor herein
after named sell all on reasonable terms as to limit all my real estate not
herein devised otherwise and converted it into personality.
Page 472
I leave the manner of the sale to his discretion and I
want it divided as herein directed.
It is my will further that my executor divide the rent
and the residue of my estate, if any, among my relatives according to the
statue now in force.
I hereby nominate constitute and appoint the M. B.
McMahan of Sevierville Tennessee my executor.
W. Catlett
Feb. 22nd 1895
Signed by us as witnesses each in the presents of the
tester and we have witnessed he M. signed the signing and are presents been
together and we sign in the presents of each other.
PE. Walker
J. R. Houk
Admitted to probate March 18th 1895
Page 473
Will of Joab Rolen
State of Tennessee Sevier County,
I Joab Rolen do hereby make my last will and bequeath
and all will heretofore made by me is null and void and until this my last is
to show what each one of my lawful heirs is to have after my death and the
death of my wife Annie Rolen and after all my debts are paid out of my monies
and personal property and our burial expenses are paid and satisfied. I hereby
Will and bequeath to each one of my lawful heirs as follows, beginning with my
oldest child first, Jennie Rolen now Lange, I will and bequeath her in money as
part of my estate $300.
2nd Queenie Aggie Rolen now Williams I will
and bequeath to her in money as her part of my estate $300.
Third Elizabeth Rolen now Proffitt or her heirs, $300
as her part of my estate. I hereby will and bequeath to my sons my real
estate and have deeded to them my lands as shown in certain deeds beginning
with my oldest son
Page 474
First, Archibald Rolen deed to show his boundary, date
June 20th 1894 and signed by me and my wife Annie Rolen,
valuation______ dollars.
Second, George Rolen, I have deeded to him, deed show
boundary, dated June the 18th 1894, valuation____dollars.
Third, Wilson Rolen, I had deeded to him a certain
boundary, deed to show boundary, dated June the 5th 1894,
valuation_______dollars.
Forth, James Rolen or his heirs, I have deeded to him
or his heirs, a parcel of land deeded showed boundaries, deed dated, June 30th
1894, valuation_______dollars.
I hereby make and this my last Will and appoint my
son, George Roland, my executor of my Will and to wind up the businesses of my
last Will and wish him to take charge of the business at the death of myself
and Annie Rolen. And after the above Will of mine is completed and
satisfied and the expenses paid of the same and if anything, money or personal
property or notes left, the same is to be divided equal with my heirs all and
the each of then to be made equal in the remainder if any. For which I
now set my hand to my last Will and wish this June 19,1894.
Joab Rolen
Attest
J. K. Hartsell.
B. A. Rolen
Admitted to probate, June 3rd 1895
Page 475
Will of Jean Boling
State of Tennessee County of Sevier,
I Jean Boling of the state and County aforesaid do
hereby Will and bequeath my estate consisting of property both personal and
real as follows:
It is my desire that after I am laid to rest my
daughter Rachel magnes for the care that she has hand and may have of me shall
have all the lands that I now of possess and in consideration of the same she
is to see that I am well cared for the remainder of my live and well nursed
through all my sickness and afflictions and that she shall also after my debts
paid off all my doctor bills that have accumulated or may accumulate through my
sickness and afflictions. I further direct that all my household and
kitchen furniture together with bedding and all other property about the house
shall be equally divided between my two daughters Rachel Magnes
Page 476
And Mary Delozier.
Also direct that what money that I have on hand or may
have on hand at my death shall be used to defray my funeral expenses. I
do hereby covenant and agree and then now certify before these witnesses that
the above is my Will and wish concerning my property the same to be named out
after my death. but retain the right to hold and control the same as long as I
live. Further I certify that I am now in my right mind and perfectly
competent to transact any manners of business importance.
This may Sixth 1895
Jean Boling
Attest
J.W. Boling
T. L. Boling
Admitted to probate July 3rd 1895.
See record number eight Page 535 for order probate
John Chandler
Page 477
Will of A. M. Thomas
I A. M. Thomas do make and publish this is my last
will and testament hereby revoking and making void all other by me made
heretofore.
First I direct that my funeral expenses and all my
debts be paid as soon after my death as possible out of any money I may die
possessed of or any that may first come into the hands of my executor.
2nd I give and bequeath to Theodora Ballard
my jersey cow. Joseph Thomas I give him I have jersey cow. If
Joseph sales the cow he is to sell her to someone of other children. I
want Joseph Thomas to have one of the mules. I want him to have the one I
called George and my saddle, bridle, and blanket and also one pair of the genes
and are single plow and ofen ring and single tree and also one broad hoe, mattock,
also I want Joseph to have my falling axe.
Page 478
I have hacked here it belongs to William householder
or what of it that can be found. I give big walnut chest to Joseph
Thomas. Also give Joseph Thomas my bedstead I now own and strawtick, one
sheet, one quilt, two pillows, and two new coverlids.
I give my light wagon and lock chain to John
Thomas. I want my land divided between Joseph Thomas, John Thomas and
Avery householder or and her heirs and Theodora Ballard and her heirs and they
are to play my debts and funeral expenses each paying one forth of them.
I also want the following property divided equally between Avery householder,
Sarah Cruse, Amanda Stevenson, Theodora Ballard. One chest of bed
clothing, one bureau, one center table, one wash stand, one bedstead and spring
and a lot of greenware. I Will deed of Wilson Thomas my clock. I
will give Joseph Thomas my present coop now on hand and he is to have it all
for working it and
Page 479
Taking care of yet but if I should live Joseph is to
pay me one-half of it all. I Willing give to Marguerite Thomas and James
Thomas one dollar each to be paid out of my state when sold and
collected. The remainder of my state all walls sold and the money divided
equally between Joseph Thomas John Thomas Avery householder Sarah Cruze Amanda
Stevenson and Theodora Ballard. I have the following debts due me one
debt all and Andrew J. Acton for 25 with a credit of three dollars and 75 stands
and one on James Templeton $40. Also wanted divided between Joseph Thomas
and John Thomas Avery house over, Sarah Cruse, Amanda Stevenson a and Theodocia
Ballard.
Lastly
I do nominate and appoint Lowell Bogart or A. J.
Bird my executor when and to set my hand May 1st 1895.
AM. Thomas
Attest
C. J. Walker
H C. Bogart
Admitted to probate August 6th 1895
Page 480
We’ll of William Clinton
February 10th 1892
State of Tennessee
Severe County
I W. M. Clinton this day do willing Will all the
following named property of land to his.
Page 481
Will of W. M. Clinton
Feb. 101892
State of Tennessee Sevier County
I William M. Clinton this day do willing will all the
following named property and land to his heirs and their children. One
track of land lying in the 16th district of Sevier County adjoining
East James Blake, North Calvin Clinton, West M. N. Crumbly and J. A.
Shuler, South Glaspa and all of my property and house hold divided equal
between the heirs and their children is to keep me up the remainder of my lot
of
Calvin Clinton
T. A. Clinton
M. H. Clinton
S. H. Clinton
Signed
William Clinton
Witnesses
Jesse Atchley
J. H. L. Helton
Admitted to probate September 24th 1895
John Chandler clerk
Page 482
Will of W. P. Brabson
State of Tennessee, Sevier County
I W. P. Brabson do make and publish this is my last
will and testament hereby revoking all Wills heretofore made by me.
First I direct that all my debts and funeral expenses
be paid out of any monies I may have on hand or due me by note or otherwise.
Secondly I give to my wife Nancy Brabson my land and
house on which we now live to have during her natural life and at her death to
be equally divided between my heirs George Saffell and Adelia Bowman.
Further I direct that Mary Brabson collect all money due me and use the same
for any purpose she may see necessary. I further direct at any stock,
horses cows or hog I may have on hand to be used and controlled by my wife Mary
Brabson.
W. P. Brabson
Signed sealed and delivered in the presents of
S.G. Bowman
John H. Baker
L. N. Stafford
Admitted to probate October 7th 1895
John Chandler clerk
Page 483
Will of William Snapp
I William Snapp of Sevier County Tennessee do make and
publish this my last will and testament. First it is my Will that my
debts and my funeral expenses be paid out of any property I may die possessed
of.
2nd I give and bequeath to my wife
Elizabeth Snapp if she outlives me all my real and personal property during her
life.
Third I give to the heirs of my daughter Martha Jane
Roberson $15 to my daughter Deborah Lawson $15 and to the heirs of my daughter
Elizabeth Allen 15
4th I give and bequeath to my son Robert O.
Snapp and his heirs this residue of my real and personal property in
consideration of his boarding and for taking care of me and my wife in our old
age.
In witness hero I have hereunto set my hand this 2nd
day of April 1892
W. Snapp
Signed in our presents this 2nd day of
April 1892.
W. L. Duggan
A.J. Hicks
Admitted to probate December 2nd 1895
John Chandler clerk
Page 484
Will of R. S. McMahan
I R. S. McMahan do hereby make and publish this my
last Will hereby revoking and making the all other Wills by me at anytime made.
One in the event my beloved wife Nancy McMahan shall
survive me it is my Will and desire that she shall have all provisions on hand
and growing. Also my household and kitchen furniture during her life,
also that she shall have one cow of her selection, and the house garden and lot
around the signing during her natural live together with the right to water,
firewood in such timber as may be necessary to keep up her should she loses her
cow my son hereinafter named shall furnish her another, she is also to have a
good and comfortable support while she lives, with pasture and feed for her
cow, this support to include such articles as may be raised on the farm, in
money to buy her clothing, groceries and all other articles that she may have
two by. She is to have the right
Page 485
To keep one female help as a part of her support.
This support and provisions made in my wife’s favor
hereby expressly to the charged all my lands herein after devised.
Second, subject to the other provisions herein
contained and except the property otherwise specifically devised or
bequeathed. It is my Will that my son Redman McMahan shall have my lands
lying in the first civil district of Sevier County adjoining the lands of Nancy
Dennis, George nervous, James Wilson and BP Hopkins and the rest and residue of
my property including the John Henry entry.
3rd it is my Will that my granddaughter,
Nancy A. Ogle shall have $200 to be paid her by my said son when she shall
become 18 years of age which is also charged on said land not to be paid her or
anyone else provided she should die unmarried or without issue in the
meantime. If she should live to be 18 is my Will that she shall have
Page 486
The interest on said sum of money and a part of the
principal if needed until she came of age to be paid her by my son as he may
think best taken receipts for payments from her what without guarding.
The same as to be paid at intervals which is to be paid the late after she is
18 years of age.
4th, my said son will play my debts and the
funeral expenses and necessary doctor bills of myself and wife out of the
property devise to the home.
5th, I hereby nominate and appoint my said
son my executor and hereby expressively release him of the obligation of giving
bond. This November 2nd 1891
R. S. McMahan
The undersigned signed is instrument in the presence
of tester and of each other as subscribing witnesses.
W. Catlett
T.D. Wynn
W. B. McMahan
Page 487
I attest this instrument at the request of the tester
and his presence and also in the presents of witnesses.
M. B. McMahan
May 16,1895
Y. J. McMahan
Admitted to probate January 10th 1896
John Chandler, County court clerk.
Page 488
The Will of S. O. Dickey
I S.O. Dickey Sr. of the county of Sevier do hereby
make and publish this my last will and testament hereby revoking and annulling
all others at anytime made.
Item First, I will and devised to my wife, Mary A.
Dickey for and during her natural life that part of my lands in the fourth
civil district of Sevier County Tennessee. Of which I now reside be in
what is known as the Marik farm line above a straight line recurring through my
farm from the river with the ends at the lower end of the meadow and bounded by
said straight line the lands of J. R. Yett and the river. It is my Will
further that she had such articles of personal property as I may leave on hand
which go to widow’s by virtue of the provisions of the exemption laws.
Idem No. 2, in the division and settlement of my
estate among my children I will that the following named children be charged
Page 490
With certain advancements followed to wit:
First, my son S. O. Dickey Jr. as follows:
Note dated July 8th 1888 bringing the
amount due on settlement then to me $895.89
Note in the bank of Sevierville $92.75
One note in the bank of Sevierville $75
One note in the bank of Sevierville $30
Money advanced on bill of sale of home $110
Money advanced on bill of sale of home $65
Making in all the sum of $1168.64
2nd, my son A. D. Dickey as follows,
one note given to me day of February 1890 $29.53
one note April 8th 1876 $114.79
On which the sum of $42
Has been paid leaving $72.79
One note in the bike of Sevierville $106.39
Making and all the sum of $208.71
Third, my daughter E. O. Murphy as follows, I have
supported her and her family for many years in part and have charged various
article she wanted get in my books of accounts the same amounting to the sum
of$685.22 with which I charge her.
It is my Will and desire in settlement of my state
among my children, there heirs or representatives that the three children above
named shall be charged with the amount herein above advanced them before sharing
in my estate
Page 491
The same to be charged as advancements without
interest.
It is my will further that none of the other children
be charged with any advancements in as much as I have already equalize all my
children except items and amounts above specified. The three children
named have been equalized with the others outside of the above the advancements
charge to them.
In all other respects I leave the dispasetion of my
estate open to future actions all my part or in case I fail to make further
provisions to adjustments and the disposition secondary to the provisions of
the will.
This November the third 1893
S. O. Dickey
Signed by the tester in our presence and we have
signed as witnesses and the presence of each other being called to the testis
we’ll by the tester.
This November 13th 1893
M. B. McMahan
Alice McSpadden
Admitted to probate March 25th 1896
John Chandler County Clerk
Page 492
The Will of W. P. Atchley
State of Tennessee, Sevier County
I W. P. Atchley of McMillan Sevier County and state
aforesaid being of sound mind and realizing in the uncertainty of life and the
certainty of death do make and establish this is my last will and Testament
revoking all other Wills and Testament. First it is my will and desire
that all my just and honest debts be paid.
Second, it is my Will that all my real estate be in
the farm where I now live remain in the possession of my four children
Penelope, J. E. A.B. and S. C. until the youngest S. C. shall have arrived at
the ages 21 years. They are to keep said lands and cultivate and money
source for their benefit and especially for the benefit of the two youngest, AB
the late and CS that at the time a maturity of the youngest S. C. it is my will
that all these lands be sold in public sale and on the provisions to the
highest and best be bidder on the following conditions ten percent paid down
the balance in the three installments one third in six months from the date of
sale one third twelve months from the date of sale and
Page 493
The last 18 months from the date of sale a lien be in
retained all the time and to all are fully paid and when the proceeds of sale
of land our hand then my Will is that the source be divided equally between all
my children. It is also my widow that all the household and kitchen
furniture be the property of Penelope J., a be and S. C. also they are to have
all the stock in the farming utensils such as in necessary for the cultivation
and running of the farm same to be there is at the maturity of S. C.
Third is my Will that at the time of my death that my daughter Penelope and my
son J. Mc. the executors of my state or Will and at that time they are as
executors of my state to take charge of all my merchandise and all other
matters and that as executors they have the right to invoice all my goods and
accounts and turned same over themselves after having turned over to the clerk
of the county court. The invoice of the same and that they Penelope and
J. MC. be allowed to keep all of the
Page 494
Said goods and accounts after paying all just debts
and paying Hamen 1/6 of the signing and W. P. 1/6 all the same being halfable
for such accounts as they are able to collect and not being held liable for
insolvent accounts. That my Will is that my two youngest children shall also
have 1/6 each of the proceeds of said goods and account saved to be used by
guardian of said minors heirs for the purpose of education said Addie be and S.
C. and of paying doctor bills and others and it is my Will that Penelope and J.
Mc. Shall have two full years to pay Hawer? And W. P. their share of said store
and accounts. It is my Will that Penelope and J. M. C. be the guardians
of my minor children, A.B. and S. C. and that they may not even be required to
make bond as guardian of said heirs. It is also my Will that any and all
doctor bills been now due or to be come due on account of my daughter Penelope
or son J. M. C. before my demise shall be paid out of my personal property
before any divisions is made. It is also my Will that all the corn meat
and other provisions on hand at my debts shall be the property
Page 495
Of Penelope and J. M. C. to be used for the benefit of
my two minor children A. B. and S. C. But this is only to include such
provisions as is actually on hand. my will is that in case of sickness by
either or both of my younger children debt $50 be set aside over and above
their respectable part for such a purpose save to be kept as they perpetual
fund out of my personal property for their benefit as herein stipulated never
to be used for any other purpose until they shall have arrived at maturity and
as such time if said sum has not been all used up said balance is to be then
divided between all my heirs.
My will is that $25 out of my personal property be set
aside for the purpose of buying a colt for A.B. when he shall arrive at the
ages 21 same to become out of my personal property before divisions and save to
be used for purpose herein named or if preferable to him to have that amount to
money to be used as he may see fit the same not to be used until
Page 496
His maturity signed on the estate 27th day
of April 1896.
W. P. Atchley
Witness
James Young
William Jones
Admitted to probate June 27th 1896
John Chandler clerk
Page 497
We all a Perry Cate
In the name of God Amen I Perry Cate of the county of
Sevier and state of Tennessee on the 5th day of August 1895 being of
sound mind and memory and in view of this trautory life, I do make this my last
will and testament hereby revoking all other former Wills by me made, my Will
is that all my just debts be paid and also my funeral expenses out of the first
money that comes into the hands of my executor.
2nd, my Will is that my beloved wife Mary
Cate to have my mare and buggy and one milk cow and $12 per month during her
lifetime and more if necessary for her comfort and support.
Third, I Will and bequeath to my son Isaac M. Cate the
farm, I bought of J. G. Bryan and W. J. nail and also and also the farm that I
bought of W. H. Semirrer provided the said Farmer does not by said track back
at the price that we have agreed upon to we it $14.50 J. M. Cate is to have the
proceeds.
I will and bequeath to my daughter, Sarah C. Moore and
J. R. Moore
Balance on page 499
Page 499
The following farms to wit, one farm in said County
known as the Sam Henry farm and also a small farm bought of S. J. Cate
adjoining it on the west and also a farm lying in Jefferson County known as
Oliver Henry land and 47 acres bought of Lyles boys adjoining it and also 18
three forth bought of Mary Cate all adjoining this I Will to Sarah C. Moore and
J. R. Moore.
it is my will further that all other properties of all
kinds be equally divided between my two children Isaac M. Cate and Sarah C.
Moore by my executors and I appoint my son J. M. Cate end J. E. Moore my
executors and that they be allowed to execute this Will without giving bond
this August 8, 1895,
Perry Cate
Signed in the presents of us and at the request of the
tester.
Perry Cate
W. H. Drimmer
J. L. Cate
R.M. Mcbee
Admitted to probate This June 27th 1896
John Chandler clerk
Page 500
Will of Curtis Mills
State of Tennessee, Sevier County
I Curtis Mills do make and publish this is my last
will and testament hereby revoking and making void all others by me at anytime
made. And
First I direct that all my funeral expenses and all my
debts be paid out of what money I die possessed of or what may first come into
the hands of my executors.
2nd I give and devise to my daughter
Harriet W. Blair two lots or parcels of land No. 2 and No. 3 as laid off and
numbered by the commissioners appointed to partition the estate of Robert
Shields deceased, the title to which I now hold from one John Shields made of
March 10, 1838 lying on the north side of pigeon River and bounded on the north
side by lot one which is now owned by Robert H. Blair and on which he now
lives, and on the south side by Lot No. 4 beginning at the river and running
just above the cross the ends that now stand southeast of my old ? The ends
with a line running a little north of the same direction to a stake on my back
line near the big black
Page 501
Oak, to have and hold during her natural life and at
her death to be held in fee by her children.
Third, I give and devise to my daughter Martha J. M. Wright
two lots or parcels of land No. 4 and No. 5 as laid often numbered by the said
Commissioner appointed to partition the estate of Robert Shields deceased,
adjoining Lot No. 3 and including all the upper end of my estate line above Lot
No. 3 and north of the river No. 4 being a lot drawn by my wife, Polly Mills
and No. 5 being drawn by Medy W. Shields who conveyed to me by deed March 10,
1838 to have and hold during her natural life and at her death to be held in
fee by my grandchildren.
Forth, I now own a tract of land lying south of the
river containing 80 acres more or less. I direct that if said tract of
land remains undisposed of at my death he shall go to Robert H. Blair, Harriet
W. Blair and Martha J. Emerts each taking one-third interest therein and to be
held by them jointly. Upon the death of the anyone of them it shall be of
held
Page 502
Jointly by the remaining 2 and if 2 should die the
remaining shall hold said estate on track of land during his or her natural
life and upon his or her death my grandchildren then living shall hold it in
fee.
Dept, I give and bequeath my personal property to my
two daughters and on direct that my executors divided between them satisfactory
to both.
Sixth, I do hereby nominate and appoint Robert H.
Blair and R. Frank Blair my executors. In witness thereof I do to this my
Will set my hand this 23rd day of February AD 1891.
Curtis Mills
Signed and published in our presents and we have
subscribed our names hereto and the presence of the tester.
T. D. Wynn
D. S. Davis
Admitted to probate July 6 1896,
John Chandler clerk
Page 503
Will of Aaron Roberts
I Aaron Roberts in Sevier County in the state of
Tennessee being of sound mind and memory do make and publish and declared this
to be my last will and testament hereby revoking all other Will by me at
anytime heretofore made into all of my land of which I shall die seized and
delayed possessed of I devise and bequeath and dispose thereof in the manner
following to wit.
My widow it is at the death of my wife, Mary J.
Roberts, I give devise and bequeath to my daughter Anna Malinda Roberts all of
my land situated in the third civil district of Sevier County Tennessee on the
waters of the flat Creek. in witness thereof I Aaron Roberts have to this my
last Will and testament affixed my hand and seal this February 7th
1896.
Aaron Roberts
Witness W. S. Fox
Signed sealed and published and declared by said Aaron
Roberts as an for his last will and testament in presence of us who at his
request and in his presence and in the presence of each other have subscribed
our names as witnesses thereunto.
E. W. Fox
R.D. Watts
Admitted to probate this August 1st 1896.
John Chandler, clerk
Page 504
Will of Levi C. Roberts
I Levi C. Roberts of Millican, County of Sevier and
state of Tennessee.
Being of sound mind and considering the uncertainty of
life do theretofor make and declare this to the my last will and testament.
First, our order and direct that my executor hereunto
after named pay all my just debts and funeral expanses as soon after my decease
as conveniently may be.
Second, that my executor sell a partial of land known
as to John Knight place containing 18 acres more or less also a partial or lot
of land, Beginning at the stake near Albert Roberts then running up the main
hollow to a big white oak tree a sideline between the Trotter and myself this
boundary lays North east of the main hollow number of acres not estimated and
in the event that the aforesaid lands does not pay all my just debts I
authorize my executor to sale one partial or lot of land lying on the northeast
of my home farm Beginning on a white oak corner of a lot of land of my wife
Harriet and running with the top of the ridge North west to a post oak corner
of my own and Mc.Trotter and if this lot should
Page 505
Bring more money then it takes to pay my just debts I
want the remainder equally divided between my 5 youngest children. And
reminder of any land be equally divided between my 5 youngest children to wit:
Mary A. and Gracie E. and Joseph H. and Laura b and that Nancy A. and Isaac N.
and have the old residence and there being no deduction of their part of land
for said residents and that I give to Joseph H. 1 bay mule and I give to Isaac
E. one mouse colored mule and I give and bequeath to Nancy A. one milk cow and
one heifer cow and two sheep and one brood sow the oldest one on the farm and
that Isaac n. and have one younger brood sow and that I give and bequeath to
Nancy A. five head of stock hogs to fatten for the meat of my family that I
leave at home and that I bequeath to Nancy A. what corn is in my crib of for
the use of the family at home and also what Wheat and oats I have and
presents. And I bequeath to Isaac E. and one wagon and all the farming
tools I have and that my land that I have bequeath to my children above named
to be divided with the them when the youngest becomes
Page 506
21 years of age. And that my executor sell
annually the rents of the aforesaid farms and till he can be divided and that
the proceeds be equally divided between my five youngest children. And
that my executor sell the reminder of any stock hogs in number and two younger
steers and pay the same to my creditors. And if there should be in the
legacy coming to me from any source I wanted divided equally between all my
heirs in case it is not necessary to pay it I out all my debts. I appoint
Eli H. Roberts to be my executor of this my last will and testament hereby
revoking all former Wills by me made. In witness whereof I have hereunto
subscribed my name and affixed my seal this eleventh day of September 1896.
L. C. Roberts
This instrument was on the day of the date thereof
signed and declared by said tester Levi C. Robert to be his last will and
testament in the presents of us and at his request have subscribed our 9th
hereto as witnesses in his presence and in the presence of each other.
Joshua Atchley
Noah haggard
Submitted to probate September 19th 1896
W. C. large deputy clerk
Page 507
Will of Cynus L. Harold
I Cynus L. Harold do hereby make and publish and declared
this my last will and testament hereby revoking and making all Wills by me that
hereto for made.
First I direct my executors to hereunto after named to
pay my funeral expenses and out my just debts and liabilities as soon as
convenient be done after my decease out of any property I have at mine decease.
2nd I give and bequeath to my beloved wife
Catherine A. Harold all of my property both real and personal for her own
benefit and use so long as she may live remain my widow.
Third I direct that after the death of my wife or
marriage that all my property to my wife Catherine L. Harold go into the
possession of her daughter Martha E. Yawberry a to be hers in fee simple and in
right for her and her body heirs against all claims except funeral expenses of
my wife. And my Will and direct that all of her funeral expenses be paid
there the remainder if any to go into the hands of Martha E Yawberry to use for
her own benefit and her body heirs and for their own use and benefit.
4th I hereby nominate constitute an appoint
Page 508
My said wife Catherine L. Harold as my executor of
this my last will and testament.
5th, I direct that my executor carryout all
this my last will and testament without having to give bond and security from
the fact that I have the utmost confidence in her in every respect.
In witness whereof I have and to subscribe my mind the
11th day of July 1896.
Cynus L. Herald
Signed sealed and declared by said tester in the
presents of us who at his request and his presence and in the presents of each
other hereunto subscribed our names as witnesses on the 11th day of
July 1896.
G b. Huffaker
G S. Sirius
Admitted to probate October 5th 1896.
See record number nine page 239.
W. C. large, deputy clerk
Page 509
Will of David R. Sasseen
in the name of our Lord Amen I David R. Sasseen being
of sound mind and memory do hereby make and published in declared this to be my
last will and testament hereby revoking and making void all former Wills by me
at anytime heretofore made.
First, all order and to read my executor as soon after
mine decease as practicable to pay off and discharge all the debts due and
liabilities that may exist against me at the time my decease.
2nd I give and bequeath unto my wife Mary
Ann Sasseen all the reminder about property both personal and of real
estate. I hereby nominate and appoint as executor of my Will.
In witness I have a hereunto Subscribed my name this
30th day of November 1888.
David R. Sasseen
The above and foregoing instrument was at the date
thereof signed and sealed published and declared by the said David R. Sasseen
as and for his last will and testament in the presence of us who at his request
and in his presence and in the presence of each other have him
Page 510
Subscribed our names as witnesses.
Name M. W. McSpadden residence
Jefferson County
Name J. W. Lyle residence Jefferson
County
Admitted to probate November 26th 1896.
See record No. 9 Page 243.
W. C. Large, deputy, county clerk
Page 511
Transcription judgment of the court in the S. O. Dickey
Will case
State of Tennessee
Be it remembered that a special term of the Circuit
Court began and held for the county of Sevier at the courthouse in the town of
Sevierville on the second Tuesday in November 1896. It being the test day
of said tonight in the year of our Lord 1896. Present and presiding the
Hon. W. R. Hicks Judge and one other judges of the circuit court of said
state and bylaws assigned hold the court of the second judicial circuit of the
state of Tennessee. This entry is based upon the following entry which
was made and entered of record at the last regular term of this court, found on
page 266 to wit: it is ordered by the court with the consent of bar the same
being rendered necessary by the fact that know-how suitable for the transaction
of business at the present term has been procured, that all cases on the civil
docket be and assigned are hereby continued until special term of this court
which is hereby appointed to be held on Tuesday and succeeding days before the
next regular term of the court to wit:
Page 512
Third Monday of November next and the said special
term is hereby appointed for the dispatch of all business that is now and will
be on the civil docket we and where the following proceedings were had any
Entered of record to wit:
Elizabeth O. Murphy et al
Vs
I.O. McMahan et al
Action to contest the will of S. O. Dickey deceased
came the parties by their attorneys and then upon came
on the case for a trial before jury of good and lawful men citizens of Sevier
County selected and qualified as law directs to wit:
D.R. Pitner, J. A. Tarwater, P.P. Seaton, L. A.
Reagan, James H. Baker, P. L. Duggan, Joe Wardell, A. J. Hickman, S. W.
Pickens, C. J. Walker, John stinnett and J. E. Henry to having been well and
truly elected in empanelled and sworn well and truly to try the issues joined
between the parties and the true verdict rendered accordingly to the law and
the evidence upon their oaths do say that they find the issues in favor of the
defendants the proponents of the Will and that the papers writing which was
Admitted to probate in the county court as the last will and testament of the
S. O. Dickey deceased, in common form and the original of which was properly
sent and certified to this court for probate herein solemn form
Page 513
Upon the issues above made up was and the last will
and testament of said S. O. Dickey and is valid as such Will. It is
further considered by the court that in according to with the verdict of the
jury that the validity of said paper writing as the last will and testament of
said S. O. Dickey be and assigned is hereby established in the said original
Will together with the proceedings and judgments herein had in this court will
be duly certified to the said County court to be recorded very and in the
manner provided by law before the case was called for trial by consent of
parties and directions of the court it was ordered that the issues in this
court be made for trial of the validity of the Will as the same one made in the
petition of contestants proffered to the county court asking that the probate
had very and be set aside and the answer of the other parties thereto.
This case was called for trial on Friday and the trial was ended on Monday
following the special term of court. The costs of ajudgment against the
contestants and it is ordered that the execution issue against them and their
sureties or prosecution bond to wit: R. A. Murphy and D. W. Howard for same
Page 514
State of Tennessee, Sevier County
I R. C. Fowler clerk of the Circuit Court for Sevier
County certify that the foregoing is a full true and perfect transcript of the
record in the contested Will case of S. O. Dickey deceased, styled E. O. Murphy
vs. I. C. McMahan as the same appears of record in my office. Given under
my hand and the seal of said court of Sevier County this 15th day of
December 1896.
R. C. Fowler, clerk
State of Tennessee, Sevier County
I, John Chandler, clerk of the county court of Sevier
County do hereby certify that the foregoing is the truth and complete copy of a
transcript of proceedings in the above styled case as certified to me by R. C.
Fowler, clerk, of the Circuit Court of said County, this December 17th
1896.
John Chandler, clerk
Page 515
Will of John S. Tipton
State of Tennessee Sevier County
I, John S. Tipton do make and publish this my last
will and testament hereby revoking and making void all others by me at anytime
made.
First, I direct that my funeral expenses and all my
debts be paid as soon after my debts as possible out of any monies that I may
die possessed of or may first come into the hands of my executor.
Secondly, I give and bequeath to my wife, Elizabeth
Tipton, one choice cow on hand, five choice hogs, one mule, bedstead, 2
featherbed ticks, one containing 15 and the other 16 pounds of feathers.
4 pillows containing three pounds each of feathers. 2 straw ticks, four
sheets, 2 homemade blankets, to coverlets, clay rose draft, one quilt ladies
puzzle, one other quilt blue ground and red star, one other blue ground star
white and red one walnut bureau containing 4 large drawers, one small dining
table (walnut), one large popular real chest, one meal sifter, and one dough
tray, one set of plates, one set teacups, and saucers, one set knives and
forks, all glassware on hand, three jars, one containing 4 gallons the other to
1 ½ gallons each, all water vessels on hand, eighter tea and or wood, all
poultry
Page 516
On hand, one large family Bible, all bacon, pork, and
lard on hand, all wheat, corn, oats and hay on hand, one cookstove and all
vessels belonging thereto, one pair of small counter scales with weights, one
Baker and lid, one pair butter molds.
All the foregoing described property is to belong to
my wife, Elizabeth to do with as she may see fit. The following described
property I give and bequeath to my wife Elizabeth to be hers so long as she
remains my widow or stays on the farm. I leave her and in the event she
should remarry or move of off farm the farm she forfeits all rights to the
following property.
One birch bedstead, one large popular chest, one
popular press and one walnut to cover board, one clock, one large spinning
Will, one need, one loom and weaving sley and other things belonging thereto,
one falling ax, one small mattock, one weeding hoe, one choice cow bell on
hand, one choice pitch Fork on hand, one large box used for meal purposes, one
chamber pot, one churn, one brass kettle, one choice wash kettle, one large
butcher knife, one large meat knife, one pain steel yards,. I further
give to my wife, Elizabeth Tipton all the real estate I may die seized and
possessed during her natural life but in the event she should remarry she
forfeits all right to the same at the time of remarriage.
Page 517
Thirdly, I give and bequeath to my son, Benjamin
Tipton after the remarried or death of my wife, Elizabeth Tipton all my real
estate that I die seized and possessed of on the following conditions he the
said Ben J. Tipton to pay to my son Joseph S. Tipton $25 he having received $75
(see receipt for the signing dated July 14th 1890) to Samuel W.
Randles the son of my daughter Martha C. Randles $100 to the heirs of my
daughter Matilda J. Rodgers $100 to my son Ben J. Tipton $100 to my son Caswell
C. Tipton not anything he having received $100 (see receipt dated the 22nd
day of May 1890) to my daughter Lucinda Davis $100 to my daughter Emiline
Rodgers $100. To my son John Tipton $100. To my daughter Caledonia
Davis $100. I wish this several amounts to be paid in the order
named. $25 the first year than $100 each succeeding year till the whole
is paid. of the said Ben J. Tipton fails or refuses to comply with the
above conditions then the said real estate to be sold at public sale to the
highest bidder. My executor given the sixty days notice of the time and
place of sale
Page 518
(which said place shall be on the premises) and shall
post notices at the courthouse in Sevierville Tennessee and one or two other
places. One of which shall be in the District Court the land lies and my
executors shall sale on a credit of one to and three years time taking notes
was security bearing interest from the date and a lien shall be retained on the
land and to the purchase money is fully paid my personal property not herein
bequeathed shall be sold after my debts by my executor he giving thirty days
notice of the time and place (the place shall be on the premises) by posting
notice at two or three prominent places in the County one of which shall be in
the district hand on a credit of twelve months taking notes bearing interest
from the day and the money when collected to be applied to the payments of
debts if any and the remainder if any to be equally divided among all any
heirs. Lastly I do hereby nominate appoint my son John Tipton Jr. my
executor. In witness whereof I do this my Will set my hand this 23rd
day of March 1896. Signed and published in our presents and we have
subscribed our names hereto in the presence of the tester. This 23rd
day of March 1896.
John S. Tipton tester
Witnesses
John A. Mize
Henry H. Ogle
Page 519
Admitted to probate January 4th 1897 and
entered on pages 515/16/17/18
John Chandler, clerk
Page 520
Will of Vance Newman
State of Tennessee, Sevier County
We Vance Newman and Mary Jane Newman wife of said
Vance Newman agreed to divide the lands they now live upon in the following
manner that is to say in lots.
First, lot of Mary Jane Newman wife of said Vance
Newman and her daughter Manisa Newman said lot bounded as follows.
Beginning on a verge on the west side of pigeon River comes to Ogle conveyance
South 67th west 125 poles to a water broke with the same thence
South 20 poles to a chestnut sprouts thence East eighty poles to a spruce
pine. Thence North 67th East 15 poles to a peawood.
Thence North 45 East 6 poles to a stake would Lot No. 2. Thence with said
lot north 70 East 35 poles to a peawood. Thence down the river north ten
West 50 poles to the beginning containing by estimation 33.
2nd lot of David Newman bounded as follows.
Beginning on a chestnut sprouts corner to two Lot No. 1 thence with hold back
line South 62 poles to the chestnut would Lot No. 3 North 75 East 50 to a small
spruce pine corner to said lot thence with the same East 15 poles to a stake.
Page 521
With No. 4. Vance North 52 E. 72 poles to a
stake with Lot No. 2 and 5 thence with Lot No. 1 South 70 way as 35 poles to a
stake with said lot. Then the same south 45 West 6 poles to a peawood
with said lot. Thence the same south 52 West 72 to the beginning by
estimation 34 acres.
Third lot to Martha Sims bounded as follows.
Beginning on a chestnut on the back line with Lot No. 2 thence with the old
line South 45 to a stake with the same. And thence with Lot No. 4 North
20 East 77 to a stake with said lot. Thence North 72 West 12 with Lot No.
2. Thence with the same south 58 West 30 to a stake with the same West 15
to a stake. Thence South 75 west 50 poles to the beginning by estimation
24 acres of land.
Forth lot to Ellen Eslinger bounded as follows.
Beginning on a stake corner to Lot No. 3 on the old line. Thence South 45
E. 67 with Lot No. 5 stake. The ends with said lot north 142 stake thence
with the signing South 52 West 30 with Lot No. 2 and 3 thence with No. 3 South
73 East 12 to a stake with said lot to
Page 522
Thence with the same south 20 with 77 to the beginning
by estimation 23 acres of land.
Lot No. 5 to Mary Cary said lot bounded as
follows. Beginning on the stake in the old back line would Lot No. 4
thence with Lot No. 4 North 140 to a stake in the line of No. 2. It
thence with same North 52 East 40 to a stake with Lot No. 2 thence up the river
south then East 30 to a stake with Lot No. 6 then with the same South 40 West
35 to a stake thence with the same south 61 to a stake with the same South 35
East 20 to a stake in the line of Lot No. 6 South 45 West 46 to the beginning
by estimation 23 and one forth acres of land.
Lot No. 6 to Melvina Newman said lot bounded as
follows. Beginning at a stake at the river with Lot No. 5 then up the
river south then East 125 with the river thence South 35 West 30 a to a stake
thence in North 35 West 75 to a stake with Lot No. 5 with the same North 61
with North five thence with the same North 40 East 35 to the beginning by estimation
37 acres of land. The titles of the above divisions are not to take
effect until said Vance Newman’s death the above divisions
Page 523
Armada forth purpose of each error making near equal
the heirs that are left out of the above divisions received their part in money
or buying wills this the eighth day 1893.
Vance Newman
Mary Jane Newman
Attest
John Kear
R. F. Sims
Admitted to probate Feb. 4th 1897 Entered
on page 294 M b 9
John Chandler, clerk
Page 524
I Noah Ogle do make and publish this my last will and
testament hereby revoking and making void all other Wills by me at anytime
made,
First I direct that funeral expenses and all my debts
be paid as soon after my death as possible out of any monies that I may die
possessed of or made first come into the hands of my executors.
Second I direct that a line be struck through my farm
just below the storehouse a with little apple orchard running with the plank
fence and black walnut tree each way to the outside line.
I give and bequeath to my wife Susan all my land west
of that line her lifetime. Also gave to her all my hold furniture except
what I said apart to Minnie. Also gave and bequeath to my wife all my
farming tools and all the sheep and the hogs and 2 cows and the two horses or
mares the 2 that she may make choice of. Also gave and bequeath to my
wife $100 in money and also gave and bequeath to my wife all the interest I
have in the lands of Thomas J. Ogle that was deeded to myself and wife. by the
Chancery court this last track of land may be disposed we have at her death as
she may see proper
Page 525
I also direct and to read to Martha Conner’s heirs $30
to be paid to them by executor when arrive to the age of twenty or when the
they married this is all I mean for them to have. I gave and bequeath to
my grandson Noah Whaley $20 to be paid to his mother by my executor for his use
now. I direct that all the balance of my property both real and personal
be equally divided between all my heirs except I direct that my daughters
Sarah, Mollie, Julia, Sophia have $100 to the advantage and I direct that
Minnie have $100 the advantage. I do hereby nominate and appoint E. E.
Ogle at my executor in witness whereof I do this my Will set my hand and seal
this 30th day of January 1897.
Noah Ogle
Attest.
E E Ogle
Pinkney Ownby
Admitted to probate Feb. 19th 1897.
John Chandler, clerk
This was written on the side of the Page,
The Will of Noah Ogle was filed in Chancery court as
evidence in the suit brought by me to fray and of Birdie Conner, R. C. Conner,
R. S., E. E. Ogle executor of the estate of Noah Ogle deceased and was sent up
to courthouse can’t as evidence. November 14th 1904
Page 526
Will of Andrew Henderson
I Andrew Henderson do make and execute this my last
will and testament on this the 27th day of January 1882 as follows.
First it is my Will that as soon after my death as
possible that all my just debts and funeral expenses be paid out of any money
on hand or that my first come into the hands of my executor.
Second it is my Will that my wife Sarah have the use
and benefit or in other words a life estate in one half of my farm where I now
live including the buildings.
Third I will and bequeath to my daughter Mary E. Andes
the use and benefit of my farm where I now live for and during her natural live
subject however to the life estate of my wife in one half of said farm.
I will bequeath to my two grandsons William A. Andes a
and John A. Andes my home farm subject however to the life estate of all wife
and my daughter Mary E. Andes.
Page 526
Fifth, I will and bequeath to my daughter Loriga Swam
the use and benefit of all my undivided interest in the track of land where
Samuel Swan now lives being the track of land purchased from E. M. Wynn and for
and. Her natural life and it is further my Will that paid interest in
said tract of land descend to and become the property of the children of my
said daughter, Loriga Swam, upon the death of my said daughter.
Sixth I will and bequeath to my daughter Loriga Swam
the sum of $500 to be paid out of my personal state to make her equal with my
other daughter.
Seventh it is my Will that all the remainder of my
personal estate of every kind be equally divided between my wife Sarah and my
two daughters Mary E. Andes and Loriga Swam.
Page 527
8th I hereby appoint my two son in walls
Louis Andes and Samuel Swan my executors to execute my last will. Witness
my hand and seal this 27th day of January 1882.
Andrew Henderson
Attest
M.W. McCown
D.T. Davis
Codicil
I Andrew Henderson being of sound mind and disposing
memory do make and publish this codicil or amendment to the foregoing
Will. It is my Will that the fourth idem or section of my said Will be
changed so as to give my home farm to the heirs of Mary E. Andes instead of the
two children of said Mary E. Andes as mentioned in said section. They are
all to take said land instead of the boys named and to take subject to the
lawful state of my said farm and their mother the said Mary E. Andes. I
make this change because I thank all of said Mary E. Andes
Page 529
Children are to have all equal shares in said land.
It witness of all of which I hereto set my hand and
seal in the presence of the witnesses on this the 16th day of August
1890.
Andrew Henderson
We the undersigned were especially called by the
tester to witness the above codicil to said Will on day and date above written.
J.L. Thomas
J.R. Penland
Admitted to probate March 2nd 1897.
Entered record E. M. B. 9 Page 309.
John Chandler,