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

In the event any personal property should be left on hand after the death of myself and wife undisposed of, it is my will and I direct that my children David and Samuel divide the same Equally between them.

16th

It is my will that my executor as soon after my death as practicable collect all debts due me and out of the same and any money that may be on hand pay the special bequests herein before made except the bequest to my grand son R.B. Layman which shall be paid to him when he arrives at the age of twenty one or when he marrys and settles.

17th

I Bequeath to my beloved wife Elizabeth Allen all my household and kitchen furniture together with all other personal property which may be on hands at  my death should she survive me except money which shall go into the hands of my Executor and I direct that she have a home where she now lives as long as she my live.

28

   18th

Should any personal assets remain after paying debts expences of administration and the bequests herein before made I direct that the same be divided as directed in item fourteen of this will in consideration of their support of myself and wife during life.

19th

It is my will that my estate be wound up without litigtion and I direct that Should any one of my heirs go to law about my estate not being satisfied with the provisions herein made for him or her that such one be taxed with all costs of such litigtion and the same to be paid out of his or her part of my estate.

I hereby nominate and appoint my son in law John Burchfield as sole executor of this my last will and Testament and having the utmost confidence in his honesty and integrity I direct that he may Execute the trusts herein imposed upon him without giving bond therefor.  The interlineation on page four line 21 of the names David and Samuel and the

WILL OF A.R. ALLEN, CONTINUED.

erasure at on same in line 22 and erasures of line 14 and 15 on page 5 were all made before this instrument was signed or witnessed.

In witness whereof I do to this my will set my hand this 17th October 1889.

                                                                                                A. R. Allen

Signed and published in our presence and we have subscribed our names hereto at the request of and in the presence of the testator this 17th day October 1889.

                                                                                                S. A. Sims

                                                                                                S.T. Proffitt

Admited to probate Jan. 3rd 1898.

                                                                                                John Chandler, Clerk.

29


WILL OF ABIJAH BLALOCK, DECD.

I Abijah Blalock make and Publish this as my last will and testament hereby revoking making void all others by me at any time made.  first I direct that my funeral Expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die Possessed of.  Secondly I give and bequeath to my wife Luraney Blalock all my means both Real estate and personal property during her life and I appoint her my Executor and if she my wife secures a Pension from the government she will give my four oldest children one hundred dollars apeace to Viz U.L. Proffitt, W.A. Blalock, S.M. Blalock and L.O. Blalock and if she pays those four children one hundred apeace that shall be all of their portion of my estate, as to U.L. Proffitts hundred dollars it must be put

WILL OF ABIJAH BLALOCK, CONTINUED.

into land for the use of her and her children.  Those four hundred dollars is to be paid out of my means to the 4 oldest children and if my wife Luraney Blalock was to die before her younger child by me is 21 years of age I want my means subject to their use til they are twenty one.  In witness whereof I do to this my will set my hand.  This the 22” day of September 1897.  Signed and published in our presence and we have subscribed our names hereto in the of the testator this the 22 day of September 1897.

                                                                                                Abijah Blalock

Witness            Pinkney Ownby)

Witness            J.M. Blalock)

Admitted to Probate Feby. 11 1898.

                                                                                                John Chandler, Clerk.


WILL OF ELIZABETH CARTER, DECD.

30

State of Tennessee        )                                                           Feby the 13th 1878

Knox County                )           I Elizabeth Carter of Knox county and State afore said being of sound mind and disposing memory do make declare and publish this my last will and Testament Revoking all other wills by me made at any time.

as First after my death I want my Executor herein after appointed to pay my funeral Expenses togather with all my Just debts out of the first monies that may come into his hands of my estate.

I will to the children of my sister Manerva Saffell and the children of my Bro. Doct. William Bryant my Tract of land lying in Sevier County Tenn. on the French Broad River and the money and Gold watch and all the House hold property willed to me by my beloved Husband J. M. Carter to be equally divided between the above named children.  I appoint John M. Luttrell My Executor.

                                                                                    Elizabeth Carter

Attest

W J Worsham

Linnie Smart

E M Luttrell

            Codicil to Elizabeth Carters will Dec. 16, 1896.

31

1st  I will that my neice E J Bond be one of my heirs that my property be equally divided between her and those named in my former will.

WILL OF ELIZABETH CARTER, DECD. CONTINUED.

2nd.  I will my personal property household goods and everything that I leave at my Sisters M C Saffells to my Sister M C Saffell & my niece N F Saffell.  At my Sisters death N F Saffell is to have them all.   I will my Gold watch to my niece N F Saffell.

3rd.  The Property I willed in my former will to S H Saffell I will it to him and his heirs.

                                                                                                Elizabeth Carter

Witness

N F Saffell

State of Tennessee        )

32

Knox County                )           Personally appeared before me the undersigned authority E M Luttrell and W J Worsham with whom I am personally acquainted and N F Saffell who witnessed the Codicil to the mentioned will attached hereto who being duly sworn deposer and said that they were acquainted with the said Elizabeth Carter the Testatrix to the will to which her name is subscribed previous to and at the time of her death.  That she signed and acknowledged said instrument in their presence to be her last will and Testament that they signed said instrument as witnesses thereto at the request and in the presence of the Testatrix and that she was of sound mind and disposing memory.  In witness whereof I have set my hand and affixed the seal of my office at Knoxville Tennessee this the 13th day of April 1898.

                                                                                                W R Cooper, Clerk.

                                                                                                By W A J Moore, D.C.

I hereby certify that the Interlineation in regard to the witness to the codicil was made by me after the certificate as to the witnesses to the will was made.

WILL OF ELIZABETH CARTER, DECD. CONTINUED.

            This April 13th 1898.

                                                                                                W A J Moore, D.C.

Admitted to Probate April 18, 1898.

                                                                                                John Chandler, Clerk

State of Tennessee, Knox County

            Know all men by these Presents That we John M Luttrell, E M Luttrell, N F Saffell, S. B. Luttrell, S S Howell are held and firmly bound unto the state of Tennessee in the penal sum of Fifteen thousand $15000 Dollars witness our hands this 12th day of April 1898.

The condition of this obligation is such That whereas the above bound John M Luttrell has been appointed Executor of the will of Elizabeth Carter deceased.  Now if the said John M Luttrell shall well and truly as such Executor perform all the duties which are or may be required of him by law then this obligation shall be void otherwise to remain in full force and virtue.

                                                                                                John M Luttrell

                                                                                                E M Luttrell

                                                                                                N F Saffell

                                                                                                S B Luttrell

33

                                                                                                S S Howell

State of Tennessee        )

Knox County                )

WILL OF ELIZABETH CARTER, DEC. CONTINUED.

Personally appeared before me W R Cooper Clerk of the County Court of said County John M. Luttrell E M Luttrell N F Saffell S B Luttrell & S S Howell the within named Bargainers with whom I am personally acquainted and who acknowledged that They executed the written instrument for the purposes therein contained.  Witness my hand at office in Knoxville this 12th day of April 1898.

                                                                                    W R Cooper, Clerk

I hereby certify that in my Judgement based upon inquiry that this is a good and sufficient bond.

                                                                                    W R Cooper, Clk.


WILL OF ELIZABETH T. BROYLES

34

I Elizabeth T. Broyles of Sevier County Tennessee, being in feeble health, but of sound mind and deposing memory do make and publish this my last will and Testament, hereby revoking and making void all wills by me made at anytime heretofore -

First, It is my will that all my Just debts be paid as soon as practicable after my death out of any money or property that may come into the hands of my Executor.

Second, I hereby will devise and bequeath unto my two daughters to wit Drucilla J Broyles and Sarah A Broyles all my real and personal estate for & during their natural lives and at their deaths said property both real and personal shall go to my two sons to wit P N Bryles and N J Bryles in fee.

The real estate herein willed and devised is located in the Sixth Civil Dist. of Sevier County Tenn. in Wears Valley and adjoins the lands of R W Crowson, Aaron Crowson, E M Emert & James Hatcher Sr. it being the farm on which I now live containing about 70 acres more or less.

Third, I hereby nominate and appoint as my Executor to cary out and execute this my last will and Testament my two sons, P N Broyles and N J Broyles.

            In whereof I have hereto set my hand in the presence of witnesses on this the 7th day of December 1897.

                                                                                                her

                                                                                    Elizabeth T. X Broyles

                                                                                                mark

35


We the undersigned were specially called by said Elizabeth T. Broyles to witness the foregoing instrument as her last will and Testament and signed same as witnesses in her presence and in the presence of each other on the day and date above written.

WILL OF ELIZABETH T. BROYLES, CONTINUED.

                                                                                                J. R. Penland

                                                                                                Z. D. Massey

Admitted to Probate May 14, 1898.

                                                                                                John Chandler, Clerk.

36


WILL OF ELIJAH HENDERSON, DECD.

State of Tenn.   )           I Elijah Henderson make this my last will and testament

Sevier County   )           as follows:

1st.  I will that my Household and kitchen furniture be equally divided between my wife Elizabeth and two daughters Rachel Hitch and Jane Sharp.

2nd.  I will that all my corn, wheat, Bacon, and other personal property on hand be equally divided between my wife Elizabeth and two daughters Rachel Hitch and Jane Sharp.

3rd.  I will that my half interest in a mowing machine now on the farm, and one third interest in a Disc Harrow now on the farm be equally divided or the proceeds then of between my wife Elizabeth & two daughters Rachel Hitch and Jane Sharp.

4th.  I will that out of all the money and solvent notes and accounts I may have on hand at my death be applied first to my funeral expenses.  Second that my son Robert have one hundred dollars out of same and that the remainder be equally divided between my wife Elizabeth and Rachel Hitch and Jane Sharp.


WILL OF ELIJAH HENDERSON, DECD. CONTINUED.

I appoint as Executors of my will Samuel and James Henderson whereunto I set my hand and seal this the 28th Feby. 1898.

                                                                                                            his

                                                                                                Elijah  X  Henderson

                                                                                                            mark

Attest  D.R. Mullendore

Admitted to Probate July 21st 1898.

                                                                                                John Chandler, Clk.

37


WILL OF J. H. UNDERWOOD

State of Tenn.   )

Sevier County   )           Know all persons that I J. H. Underwood recognizing the uncertainty of the lease of life and being of sound mind and desirous of making provisions for the support of all my heirs hereby make this my last will and testament, witnesseth

I the said J H Underwood will and bequeath to each of my children Vis: Josephine Clinton, Evva Leadwell, Jr. Underwood, Mary Brewer, A A Underwood, Callie Mitchell, Flora Hodge, Jno. H. Underwood and the heirs of Margaret J Tyson  all and seperately, the farm I am possessed of as per deeds of conveyances made on the 5th day of of April 1897.  As per plot made of said date and seperately numbered as follows, Viz:

T.J.K. Underwood       lot No.  1         of about 43 acres

Flora Hodges               "   No. 3           "     "       30     "

WILL OF J. H. UNDERWOOD, CONTINUED.

A. A. Underwood        "   No. 4           "     "        30     "

Callie Mitchell   "   No. 5           "     "        36     "

Josephine Clinton          "   No. 6           "     "        39     "

Evva Ledwell                "   No. 7           "     "        35     "

Mary J. Brewer            "   No. 8           "     "        37     "

Jno. H. Underwood      "   No. 2           "     "        79     "

38

and the heirs of Margaret J. Tyson as provided in deed to Jno. H. Underwood numbered 2 of said divide dated April the 5 day 1897, as per above and also to each of my said Children on their lawful heirs the sum of one Dollar each to be paid out of my personal property by my executrix, and I the said J H Underwood recognizing the ability of my wife Mary A Underwood to manage and controll property and as a partial compensation for her untireing devotions as a wife and companion during our Forty odd years of married Life, further will and bequeath unto her all my personal property of whatever nature after the payment of my Just funeral Expenses the nine dollars as above provided and for a monument to my tomb not to Exceed fifty Dollars in cash and appoint her the said Mary A Underwood executrix of this my last will and testament with out bond.  This the Eight day of Oct. 1897.

                                                                                                J H Underwood

Attest

            R H Newman

            J K Underwood

Admitted to probate Nov. 26, 1898.                                         John Chandler, Clerk.

39

WILL OF HENRY CHANDLER (COL)

                                                                                    Boyds Creek Tenn.

                                                                                    Dec. 1 - 1898

I Henry Chandler do this day bequeath to Jane Brabson at my death my cow, and corn and Potatoes and to Robert Brabson some board Timber on my land, and to Flora Chandler my smoothing iron and wash Kettle and to Jane Brabson some plates at Sextons Hotel West Halfacre. Prop. and some cooking vessels at my house.  To Robert Brabson some pumkins in my stable.  To Louis Chandler my house and land providing he pays my burial expenses & doctor bill if not it fall to whom ever bears my berial Expenses and doctor expenses.  To Robert Brabson some  axe handle Timber if any is to be found on my land.

                                                                                                Henry X Chandler

                                                                        Test                  C C Blalock

                                                                                                Mrs. Minnie Porter

Admitted to probate Dec. 12 - 1898.

                                                                                                John Chandler, Clerk


WILL OF JESSE STAFFORD, DECD.

40

State of Tenn.   )

Sevier County   )           I Jesse Stafford of the County and State afore said being of sound mind and considering the uncertainty of life therefore make and publish this my last will and testament.

First, I order and direct that my executor herein after named pay all my just debts and funeral expenses as soon after my death conveniently may be out of the proceeds of my estate.  I give and bequeath to my wife Verena Stafford Five hundred Dollars to be paid out of my estate and I request G.R. Layman to see that she gets said amount and if any of said amount be in her possession at her death after funeral and all other expenses have been paid and toom stones have been purchased out of said money of the same quality of my first wife's toom stomes the remainder of said amount if their be any to be distributed among my heirs equally.

I also give and bequeath unto her my mare during her life then to G. R. Layman.  I also direct that she is to have sufficient amount of hay and rufness to feed her stock the present year.  I further give & bequeath unto her one book case and its contents, two beds and bed steads and bed clothing belonging to same during her life then to my daughter M.E. Layman.

41

My will is that all my heirs receive Fifteen hundred Dollars ($1500.00) each out of my estate and after such said equalization has been made the remainder of my estate (after all indebtedness and expenses have been paid) is to be divided equally among my heirs.

I have paid my son John Stafford Fifteen hundred Dollars ($1500-).  I paid Pleas Stafford my son and heirs of his body fifteen hundred Dollars (1500-).  I paid James Stafford my

WILL OF JESSE STAFFORD, DECD. CONTINUED.

son fifteen hundred Dollars ($1500.).  I paid Sallie Robertson fifteen hundred Dollars ($1500.) and also 234 3/4 over and above.  I am Still due B A Howard my daughter ($41.79 1/2) having receips from her to the amount of ($1458.20 1/2).  I am still due Jane Hodges my daughter ($351.) having receipts from her to the amount of ($1149.)  I am still due Maggie Sharp my daughter ($748.84) having recepts from her to the amount of $715.16.  I am still due Mattie Layman my daughter ($553.41) having recepts from her to the amount of ($946.59).  I want enough of my money out of the proceeds of my estate to purchase toom stones of the same quallity that are at my first wife's grave and placed to my grave.

42

I also direct if any one of my heirs should not be willing to submit to this will that his or her part of my estate be taken from him or her (as the case might be) and distributed equally among the balance of my heirs.

I appoint Robt. Henderson a son of James Henderson dec'd. to be 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 affix my seal on this the 22 day of Feby. A.D. 1898.

                                                                                                                        his

                                                                                                            Jesse  X  Stafford

                                                                                                                        mark

Signed in presence of us witnesses

                        J. T. Hill                       )

                        James L. Layman          )

                        J.B.T. Thomas              )

WILL OF JESSE STAFFORD DEC. CONTINUED.

Admitted to probate Feby. 20 - 1899.

                                                                                                John Chandler, Clerk

43


WILL OF MARTHA VICTORA HENDERSON

I Martha Victora Henderson To day Wednesday Aug. 1st 1895 fully knowing and realizing that I am with child by my legal and lawful husband W W Henderson and greatly fearing from my critical condition that I may not be able to give birth to a living child or else recover from its effects, therefore my husband and I being alone and at our house near Olympus Post office in Childress County Texas, I resolved this day & date as above mentioned being well composed and possessing my discreet and soundness of mind seize at once this opportunity with the guidance of a form of will I had formerly acquired and being too nervous to write myself, I called upon and induced my loving husband (Billie) as I most commonly call him to reduce to writing this my last will & Testament which I dictated as follows:

44

First - I give bequeath & devise to my beloved husband Wm. Washington Henderson all of my legacy and interest in my fathers estate James P and Nancy McMahan the same being of the State of Tennessee, Sevier County.  It will appear from the reading of father James P McMahans will that our third of the whole estate including the old house farm of about 400 acres more or less situated in the 4th Civil District of Sevier County, East Tennessee, about three miles S.E. of Sevierville the county seat known mostly or in part as the Fowler lands Joining the lands of Yells on the north, Lawsons Roberts and Snapps

WILL OF MARTHA VICTORA HENDERSON, CONTINUED.

on the east, Snapps Nelsons Fox on the south and the Dickie lands on the west.  The same valued by me to be worth Fifteen Thousand Dollars ($15000.00) of which I am a Legal 1/3 heir of same at the death of my mother Nancy McMahan so devised and bequeathed in like manner in all personal property and money on hand belonging to said estate at the death of my mother provided she should die without giving any desires as to the distribution of the moneys and personal property belonging to the said Estate above.  Otherwise if she so desires my Fathers will, as I read it and understand it, gives her the right and priviledge of so devising this part of the said estate above.  I therefore wish at my death as well as now to give and bequeath to my legal & lawful and ever devoted husband all of the whole of my undivided interest in the fore going as stated to have and to hold undisputed rights and possession and to use it for his own special benefit as he may see fit forever.

45

Second - I Martha Victora Henderson furthermore having given and bequeathed to my legal and lawful husband Wm. Washington Henderson one half 1/2 of the following designated amounts of money and all of the alike described personal property and household goods and furniture so definitely defined & described in a letter to me personally my mother had to be written me on the 30th of Nov. 1892 only 10 or 11 days after she was robbed of some money which she says,

            Mattie, I have been recently robbed of no less that three thousand dollars on the night of Nov. 19th 1892, about midnight two men under disguise broke down the door to our room and Rushed in upon us (Mollie McCroskey and I the woman then living with me) with a hand full of burning matches in one hand and a cocked revolver in the other

WILL OF MARTHA VICTORA HENDERSON, CONTINUED.

46

and rushing each distinctly to our beds and immediately presenting their pistols at our breasts and demanding at once all our money or lives.  I got up and pulled James old leather trunk out from under the foot of my bed and begun to undo it as quick as I could but they got in a hurry and kicked the lid off of it and ransacked it quickly and got all the money in it a big role of green back several hundred dollars bills rolled up in paper and dun up in a stocking and the rest was a big purse of gold that had layed in the bottom of the old trunk for years.  I made them then believe that was all I had and they then left in a hurry with it.  Since W.P. and my friends have induced me to turn it all over to the Banks for safe keeping so I have since decided to go and live with W.P. and brake up house keeping and he has induced me to give up the balance of my money and stuff to his controll to put in bank and manage & care for and control free of charge he said only to make it safe for me, so I have already from beginning to end turned over twelve thousand dollars in cash and something between three & four thousand dollars in good notes and some small amts. of accounts and of all this, Mattie, I will and bequeath you to have one half of all this said amts. of of money notes & accts. with interest on same from the time I turned it over to W.P. - and your brother W P McMahan the other half at my death and also I will and bequeath further Mattie for you to have all of my bead clothing, household goods and furniture &c to the value I think at least twelve hundred and fifty dollars and in the event that you should die before myself and ever have a child, either living or dead, by will your lawful husband, I wish will and bequeath for him to have yours and its part all the same as if you would legally draw and inherit when living at my death".  This is identical the true meaning of this letter as my mother Nancy McMahan had written by

WILL OF MARTHA VICTORA HENDERSON, CONTINUED.

47

some unknown person.  I know not whom on the the 20th of November 1892, the letter of which I have lost but fully asset the fore going as marked in quotation the true meaning as well as the words that was mostly state therein by the letter.

Therefore, I Martha Victora Henderson will devise and bequeath in this my mothers desires for my legal lawful and ever devoted loving husband to have and to hold forever.

In witness whereof I Martha Victora Henderson have hereto set my hand and seal  in the presence of the following witnesses this Aug. the 2nd 1895.

Subscribed by the testatrix before us

Witnesses:        Mollie Cox                                                       Martha Victora Henderson

                        W.E. Cox                                                                                             seal

The State of Texas                                                        Estate of M V Henderson

County of Childress                                                      Proof of last will and testatment of M V Henderson decsd.:

48

            This day personally appeared in open court W.E. Cox who being duly sworn as a witness in the above entitled matter and examined on behalf of the applicant to prove said will says I was well acquainted with Martha Victora Henderson, deceased, during her life time.  I knew the above deceased for about six years before her death.  The signature of the said deceased to the instrument now shown to me and offered for probate as her last will and testament and bearing date the 2" day of Aug. in the year A D 1895, was made by the deceased at her home in Childress County Texas in presence of myself, W.E. Cox and Mollie Cox the other subscribing witness all of said witnesses being over the age of fourteen years at the time of the making of said will.  The testator was of sound and

WILL OF MARTHA VICTORA HENDERSON, CONTINUED.

disposing mind and memory and she declared the said will so made by her to be her last will and testament and I there upon signed my name as a witness together with Mollie Cox at the request of the said testator in her presence and in the presence of each other.  The said deceased at the time of the executing of said instrument was about 26 years of age.  The said Martha Victora Henderson departed this life about the 20th day of August A D 1895 about nineteen days after making said will.

                                                                                                W. E. Cox

Sworn to and subscribed before me this 9th day of July A D 1898.

                                                                                                J M Alexander, Clerk

seal, County Court Childress County

            Estate of Martha Victora Henderson deceased, SS No. 23, 9" day of July A D 1898.

49

On this day came on to be heard the petition of W W Henderson for the probate of a certain instrument now produced in court purporting and alleged to be the last will of Martha Victora Henderson deceased the evidence a statement of which is filed in this case being heard and fully considered by the court it is ordered adjunged and decreed by the court that said instrument in writing is hereby admitted to probate and record as the last will of said Martha Victora Henderson deceased and the testimony shall be recorded in the minutes of this court and it is further ordered by the court that J. F. Newberry, Jas Worral and Joe Fisher be and they are hereby appointed a board of appraisers to appraise the estate of said Martha Victora Henderson deceased and that they report said appraisment to this court within sixty days from the date here of.

WILL OF MARTHA VICTORA HENDERSON, CONTINUED.

The State of Texas        )           I J M Alexander Clerk of the County Court of Childress

County of Childress      )           County Texas do hereby certify that the five pages contain a true and correct copy of the will of Martha Victora Henderson as probated in said Childress County.  Also the order probating said will and proof which appears of record on pages 181-183-184 & 185 & 186 in probate minutes of said Childress County Texas in Vol. 3.

            Given under my hand and the seal of said Court at office in Childress this 24th day of April A D 1898.                                                                J M Alexander, Clerk.

(Seal)

50


WILL OF J.H. CHANCE

I J.H. Chance of Trotters Store in the County of Sevier State of Tenn. being of sound mind and considering the uncertainty of life do therefore make and declare this to be my last will and testament.

            First, I order and direct that my Executor J W Chambers pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

            Second, after the payment of such funeral expenses and debts.  I give and devise and bequeath. I want what is left to be equally divided between Tressie Chance, Sallie Rice, Bettie Thomas, Niecie Thomas (my mother), Isaac Chance, Joe Thomas, Sam Chance and Minnie Thomas.  I want everything (Personal property) sold at sale but one

WILL OF J.H. CHANCE, CONTINUED.

cow, 4 hogs and what corn and wheat now on hand and also all the bacon on hand also one Dbl. shovel and one strait foot plow.

The above I want Tressie Chance to have my house and lot at New Market.  I want executor to sell for $100.00 at private sale.  If he cant sell it for that at private sale, sell it at public sale.  The Binder now in Partnership between me and Edd Rice.  I give my part to Edd Rice, provided he pay the remainder as it becomes due.

51

            I want Tressie Chance to keep my saddle until Ralph Rice is 15 years old then I want Ralph Rice to have it.  I want Bettie Thomas to have my watch.

I want Sallie Rice to have a tract of land I bought from Elihugh Tittsworth, where she now lives and aslo a small tract lying on the road leading to Douglass ferry that I bought from Elihugh Tittsworth.

I want my stallion and best mare sold at the first sale, the others to be sold after crops are finished, sell my rifle gun at the sale, I want all my personal effects that I did not give away sold at first sale.

            In witness whereof I have hereunto subscribed my name and affixed my seal the 20th day of May 1899.

                                                                                                            his

                                                                                                J H  X  Chance

                                                                                                            mark

Witnesses

            M C Trotter

            John Pate

Admitted to Probate June 21 - 1899.                                        John Chandler, Clerk

52

WILL OF B. M. CHANDLER

I, B M Chandler of Sevierville in the County of Sevier Tennessee do hereby make and publish this my last will and testament hereby revoking and annulling any and all other testamentary dispositions by me at any time made.

I.  I hereby bequeath unto my beloved wife A. C. Chandler all my personal property of every nature and description consisting of money on hand and in bank household and kitchen furnature and what ever elce I may own.

II.  I devise to M B McMahan lot of land lying in the 5 Civil District of Sevier County Tenn. on the waters of Kellum Known as the Martha Breeden lot, adjoining the lands of P. E. Walker and the Henderson & John Pate for a more particular description I here refer to her deed to me this Apr. 26, 1899.

                                                                                                            B M Chandler

The undersigned hereby attest the above will in the presence of the testator and of such other being there to requested by him the day and date above written.

                                                                                                            Edw X Pearce MD

                                                                                                            Kate Marshall

Admitted to probate Mch. 2, 1900.

                                                                                                            John Chandler

                                                                                                            County Ct. Clerk


WILL OF BARBARA FOX

53

The last will and testament of Barbara Fox.

I Barbara Fox in Sevier County and State of Tenn. being of sound & disposing memory, do make publish & declare this to be my last will and testament hereby revoking all wills by me at any time heretofore made and to all of my land of which I shall Die Seized and possed I desire and bequath and dispose thereof in the manner following to wit: my will is that at my death I give devise and bequeath to any grand children equally viz: James L. Fox, Ana E. Fox, Henry Auther Fox, Margaret J. Fox, Eliza Ellen Fox, Mary L. Fox all of my land situated in the 3rd Civil Dist. of Sevier County Tenn. on the waters of Flat Creek and also all my household and kitchen furnature and personal property equally divided among the above named parties after my death and funeral expenses are paid in witness whereof I, Barbara Fox, have to this my last will and testament affixed my hand and seal this Sept. 2, 1899.  My age is 73 years 24, 1899.

                                                                                                            her

                                                                                                Barbara X Fox

                                                                                                            mark

Signed sealed and published and declared by Barbara Fox as and for her last will and testament in presence of us, who at her request and in her presence and in the presence of each other have subscribed our names as wit. there to.

                                                                                                J. I. Worth

                                                                                                W. S. Fox

Admitted to probate Dec. 9, 1899.

                                                                                                John Chandler, Clerk


WILL OF LOUISA FINCHUM

54

State of Tenn.               )

Jefferson County           )                       June 26, 1892

            I, Louisa Finchum do make this my will.

1st.  I want all my just & honest debts and funeral expenses paid.

2nd.  I make the following bequeaths:  I will all my land in Sevier County to the following persons herein after named, to Polly Newman and her heirs 3/4 Three fourths of all my lands in Sevier County.

3rd.  I want my nephew James Stover & children to have the other one fourth (1/4) of my land in Sevier County, viz:  Nora, M.C., D.C. and Bertha Stover to have and to hold forever to the Third generation.

4th.  It is my desire that Elizabeth Stover wife of John Stover have a home on my land as long as she wants to live there, also fire wood to use and also a truck pateh and also Ida Stover to stay with her mother if she wants to.

5th.  It is my will and desire that my niece Retta V. Pate wife of Calvin Pate have fifty Dollars $50.00 out of the personal property of my Estate.

55

6th.  That is left of my personal property I want equally divided between the following: To Polly Newman and her heirs and to James Stovers four heirs heretofore named.

7th.  I want the heirs of Margaret Stovers two children to heir equal with James Stovers children vis: Laura Patterson and Zen Parrott wife of Benjmin Parrott.

8th.  It is my will and desire that Laura Patterson have my Beauro to be deducted out of her part of said estate.

WILL OF LOUISA FINCHUM, CONTINUED.

9th.  It is my will & desire that all my housse hold goods be valued and divided among my heirs heirs heretofore named.

10th.  This bequeath includs my interest in what is known as the Murphy lands.

11th.  Before any division is made of property, that a good nice set of toom stones be purchased and placed at my Grave.

12.  I appoint W R Nichols to carry out this my will according to land.

In testamony whereof I set my hand and seal the day and date whereof record.

                                                                                                            her

                                                                                                Eliza  X  Finchum

                                                                                                            mark

Attest

W. T. Nichols

John Finchum

Mart Finchum

Admitted to probate Aug. 28th, 1900.

                                                                                                John Chandler

                                                                                                Clerk


WILL OF JAMES BUTLER

56

I, James H. Butler do make this my last will and testament.

Item first.  I desire that after my death that the Snapp farm be sold and out of my half of the farm, I want all of my debts paid and funeral expenses settled and if there is any money left to go to my wife and the other half owned by R A Butler to be equally divided among my children.

Item second.  I want my wife to have full controll of the home farm and all the personal property during her life time and after her death, I want it sold to the highest bidder and equally divided among all of my children and if there is not enough out of the land sold to pay the debts and other expenses, I want my wife to designate such personal property as she thinks best.

I appoint T D W McMahan as my executor.

                                                                                                James Butler

Wt.  John Ogle

Wt. W B Butler


WILL OF G.R. MAPLES

57

I, G.R. Maples in Sevier County and State of Tenn. being of sound and disposing mind and memory do make publish and declare this to be my last will and testament hereby revoking all wills by me at any time heretofore made.

And to my worldly estate and all my property personal and real of which I shall die seized and possessed of I desire and bequeath and dispose there of in the manner following to wit:  my will is that all my just debts and funeral expenses shall by executor hereafter named be paid out of my estate as soon after my death all shall by him be found convenient.

58

I give desire and bequeath to the heirs of my daughter Anna Emert to wit:   Francis Reed, seventy dollars to which Fifty Five Dollars has been allready paid leaving a balance of Fifteen Dollars yet due her, to Gilbert Emert one tract of land known as the Charlottie Lowe tract containing 14 acres more or less also the balance of a Forty Acre entry adjoining the 14 Acre tract and Puany Thomas tract for which he is to pay Thirty Dollars at the death of my wife Nellie Maples and to Malinda Emert $70.00 Cash to be paid when she becomes twenty years of age with legal interest from time said money comes into the hands of my executor.

Mary Thomas is to have a road across the lower end of the lowe tract of sufficient width for Wagon and stock by her keeping up good gates or bars at each side but not open up a lane.  Said road to run with G R Maples live.

I give desire and bequeath to my wife Nelly Maples should she out live me all my household and kitchen furnature to hold an dispose of as she sees proper.  Also during her life I bequeath Two horse of her own choice, my wagon mowing machine cider mill,

WILL OF G.R. MAPLES, CONTINUED.

cane mill and Evaprator and all my farming untincels including one set of Black smith tools also all wheat, corn and all other provisions that I may leave, also five head of hogs, all other property person or real that I may die possessed of shall be sold at public or private sale by my executor, personal property to be sold imediately after my death.

59

I do hereby nominate and appoint my son M F Maples to be my executor of this my last will and testament with full power authority to execute the same by him entering into bond to execute and carry into effect this my last will and Testament in witness where of I GR Maples have to this my last will and testament affixed my hand and seal this 12th day of Jany. 1897.

                                                                                                            his

                                                                                                G. R.   X   Maples

                                                                                                            mark

Signed sealed published and declared by said G R Maples as and for his last will & testament in the presence of us who at his request & in his presents & in the presents of each other have suscribed our names as witneesess hereto.

                                                                                                John Fergarson

                                                                                                G R Maples Jr.

Admitted to probate Oct. 31, 1900.

                                                                                                John Chandler, Clerk


WILL OF MARY A. TROTTER, DECEASED

60

State of Tenn.   )           Know all men that I Mary A. Trotter do by these presents make

Sevier County   )           and publish this my last will and testament, being of sound mind and disposing memory yet in view of the uncertainty of life and the certainty of death.

1st.   It is my will that all my just debts be paid including funeral and burial expenses including toombstones to be paid as herein after mentioned.

2nd.  It is my will that two notes to wit: D. W. Trotter and N. G. Seaton.  The D.  W. Trotter note for about $450 with interest and the N. G. Seaton note for $400 with interest.  If they or any part of them can ever be collected that they be divided equally among all the children and their decendants.

3rd.  It is my will that my son A.C.F. Trotter have all the real estate of which I may now be possessed he having bought up and paid for all the undivided interests in the farm years ago and having paid me rent on the farm up to that time.

61

4th.  It is my will that my son A.C.F. Trotter have all the stock on the farm and farming implements of any kind on and belonging to the farm together with all the money is on hand and notes and accounts due me or to become due other than the two mentioned heretofore.  Except  it is understood that the said A.C.F. Trotter take of the money on hand or of his own to pay all my just debts as hereinbefore mentioned including Toombstones doctor bills &c.

5th.  It is my will that the household goods and kitchen furniture except two bedsteads and sufficient bed clothing to make them comfortable, to go to A.C.F. Trotter be divided among my children and their representatives equally and that in kind if practable.

WILL OF MARY A. TROTTER, DECD. CONTINUED.

6th.  It is my will that my son A.C.F. Trotter pay to my daughter M.J. Walker one Hundred dollars now of money on hand since I made an advancement of $100. to each of the other children some time back.

7th.  It is my will that my son A.C.F. Trotter be and he is hereby nominated as Executor to carry this will into effect.  This Sept. 20th 1900.

                                                                                                            her

                                                                                                Mary A. X Trotter

                                                                                                            mark

Attest

            G.S. Emert

            T.D.W. McMahan

Admitted to Probate Dec. 10th 1900.

                                                                                                John Chandler, Clerk


WILL OF ELIZABETH CAMPBELL

62

In the name of God, amen, the fourth of Oct. 1900.

I Elizabeth Campbell being through the blessing of God in sound mind and memory but calling to mind the frail tenwere of life and it is appointed unto all men once to die do make and ordain this my last will and testament, that is to say principally and first of all, I recomend my soul into the hands of almity God who gave it to me and the disposal of my body, I leave to the disposal of my friends with respect to my worldly estate -

63

I give, bequeath and dispose of it in the manner here following.  First, I give and bequeath to Elizabeth Knight my Grand daughter Thirty one Dollars and thirty Three cents $31.33 and to James Williams my Grand son Thirty one & 33/100 Dollars $31.33 and Elizabeth Hurst my Great Grand daughter Thirty one & 33/100 Dollars $31.33 and Lucinda Cary one Dollar $1.00.  The above amounts is cash and now in the hand of Capt. John Henry and my house furnature I dispose of it in the following manner viz:  I give to Elizabeth Knight my Grand daughter half of the feathers in my bed, two quilts and one Blanket and I give and bequeath to Elizabeth Hurst my Great Grand daughter 3 quilts and one Blanket and one half of the feathers in my bed together with the bed lick that they are now in & finally I hereby appoint as my Executor to execute this my last will and testament after my death, George Blalock in witness where of I have hereunto set my hand and seal the day and date above written.

Signed seated published pronounced and declared by the said Elizabeth Campbell as her last will and testament in presence of us the attesting witnesses.

                                                                                                            her

Attest                                                                                       Elizabeth X Campbell

                                                                                                            mark

J. H. Williams   )

WILL OF ELIZABETH CAMPBELL, CONTINUED.

Seney Williams)

Admitted to probate June 1, 1900.

                                                                                                John Chandler, Clerk

64


WILL OF A.S. TROTTER

I A. S. Trotter do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made.

1st.  I direct that my furneral expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die possed of or may first come into the hands of my Executor.

2nd.  I direct that my children W.D., Ehtel, F.P. and J.B.B. Trotter receive of my household goods enough to make them equal with my daughter Elen Bryan.  The remainder to be divided equally among them all.

3rd.  I direct that my daughters Ethel and F.P. Trotter each receive a cow.  My daughter Ellen Bryan having already recd. one.

4th.  I direct that my sons W.D. and J.B.B. Trotter each receive a horse.

5th.  I direct that my farm be run by or for the benefit of my children until the youngest one becomes 21 years old any one of them having the privilege of buying the other shares at that time.

But should they fail to do this, I direct that every thing be sold and the proceeds divided equally between them.

WILL OF A.S. TROTTER, CONTINUED.

Lastly, I do hereby nominate and appoint J.G. Trotter my Executor.

In witness whereof I do to this my will set my hand & seal May 20, 1901.

                                                                                                A. S. Trotter

Admitted to probate 6/7/01.

                                                                                                John Chandler, Clk.

Admitted to Probate June 7, 1901.

Witnesses         John T. Wynn & Grant Robertson

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

This May 20, 1901.                                                                  J. T. Wynn

                                                                                                Grant Robertson

65

WILL OF W.C. MURPHY

I W.C. Murphy of Sevier County Tennessee do make and publish this my last will and testament hereby revoking and annulling all other testamentary dispositions by me at any time made.

1.  I put my estate real & personal, except as herein after otherwise stated, during a time of five years in the hands of my wife for her use and benefit subject to contracts by me made.  My son Frank and son in law J R Wade are to be in immediate control of the real estate doing such work as they reasonably can and they are to receive reasonable compensation for heir work and services W.S. Murphy is to act as heir adviser.  My

WILL OF W.C. MURPHY, CONTINUED.

daughter Hattie is to have a room in my dwelling during that time in common with the family and Frank shall have equal privleges with her.  In case of dispute and disagreement between them, I direct that my wife shall arbitrate and settle same.

(II II)  Subject to the foregoing clause or paragraph and except as hereinafter set out, I dispose of my estate as follows, to wit:

66

1st.  To my wife I give bequeath and devise my household and kitchen furniture books pictures &c farming tools and implements grain & hay and feed in hands or growing, bank stock amounting to $4000.00 bank deposits amounting to about $2000.00 cash on hand debt due me from estate of my brother John Murphy debt due me on the Burnt cabin property and any other personal property not otherwise disposed of with all interest and accumulations, subject however to the payment of charges against my estate as debts expenses or legacies.  I also devise to her the following real estate to wit:

1.  The smoky Mountain property devised to me by my father and a peice of land willed by him to my sister Sarah and her children which was sold at public outcry and bought by me both of these parcels of real estate lie in the second civil district of Sevier County Tenn.

2"  A peice of land lying in the 7" Civil district of said county of Sevier and known as the ned place.

3rd.  My farm known as the Blair farm in 7" dist. of said county on the east side of and adjoining Little Pigeon river.  I devise to my wife during her natural life, with remainder after her decease to my son Frank said farm contains about 175 acres.

WILL OF W.C. MURPHY, CONTINUED.

4"  I also devise my wife the following parts or parcels of my House farm in said 7" Civil district to wit:

67

The dwelling house barn crib out buildings garden orchard and adjoining lots: also the field known as the Schubert field this year in oats and rented to John Burns Jr.  Also enough wood and timber for use of her parts of the home farm to come off of that part of said farm lying south east of the red ridge also the following parcels of bottom lands (1) The meadow lying next to cannons and on both sides of the creek between the wire and the board and pole fences containing about        acres running back to the hill to the real estate hereinafter devised her, (2) a 20 acre field fenced to its self now in corn adjoining the last named and cannon.

My wife shall have the benefit of all policies of insurance on the property willed to her, but she shall pay any installments of premium on same hereafter falling due she shall also pay all taxes on property willed her while she owns it or gets the income of it.

II,II,II

1st.  At my wifes death I will to my children towit:  Frank, Anna Bryan and Hattie Wade whatsoever shall remain as the residue of the property willed to my said wife the same to pass immediately from her hands into heirs.

2.  To my son Frank I will and devise the following described real estate being parcels of my said Home Farm to wit:  (1) 20 acres of the lower end of river bottom and (2) 20 acres of creek bottom adjoining Home and on the west side thereof (3) 5 acres lying in corner of a 37 acre piece adjoining said first named 20 acre piece and the river road (4) another 5 acre piece beginning at the NW corner of said 37 acre peice, running in a western

68

WILL OF W.C. MURPHY, CONTINUED.

direction crossing the cedar fence so as to include 5 acres in an oblong: (5) beginning on NW corner of the last named 20 acres piece at or near the Davis Bridge thence west to the corner of the Goforth and Davis lands: thence with the lands of B J Clark to the corner of the Schubert and McCroskey fields: thence around with lands of Clark and McCroskey to a stake on a hill a new corner: thence with my land a south and east direction to the pike at the gate in the hollow: down the pike a south direction to a walnut by the left side of the road: thence due north to he comes of land devised to my wife: thence with the barn field a south direction to the gate near the barn: thence with the plank fence down the hill to the creek with and down the creek to the corner of the blue grass pasture lot: thence with the 5 acres and 20 acre peices willed to Frank to the beginning.

69

There are about 17 acres in the Middle bottom adjoining the creek bottoms willed to Frank and on south side of same and the 37 acre peice and the Blue grass pasture field, which I wish divided into 3 equal parts, of which one on the East I give to Frank, the next or middle part to Hattie my daughter: and the other to my wife.

3.  To my daughter Hattie, I will and devise the rest of the bottoms of my said Home Farm consisting of about 37 acres next the river lying between the 20 acre piece willed my wife and the lands willed Frank and about 35 acres on west side of the 37 acres lying between the meadow willed my wife and the 17 acre peice above referred to.

4.  To my daughter Lauretta Henderson I give to make her equal in advancements with my other children a note for $300.00 on Benjamin Atchley and the lot & house in Sevierville known as the Benjamin Atchley property recently purchased by me.  I also devise to her my farm known as the gaul & Ray Farms of which as well as the atchley

WILL OF W.C. MURPHY, CONTINUED.

property she is to have the use and benefit immediately upon my decease subject however to rental contracts.

5.  I give and devise to my daughter Anna Bryan my farm in the 14 Civil district of Sevier County known as the Brabson mill place: the use and benefit of which is to go to her immediately upon my decease subject however to any rental contracts.

70

6.  I have advanced and I hereby confirm the same to my son Charles A. in his life time and to his widow and daughter Dicie his death my farm north of French Broad river known as the Bryan and John Goforth Farms adjoining each other.  I also will to my Granddaughter Lena Murphy, only child of my son Charles A. Three thousand dollars to be paid her equally with her mother at the death of my wife.

I appoint W.S. Murphy and M. B. McMahan to carry out this will into completeness and I waive bond of them.

            Given under my hand this Aug. 22, 1901.

                                                                                                W.C. Murphy

Signed in the presence of testator and of each other by us as witnesses the date last above written.

            R.P. Clark

            J. G. Cannon

Admitted to probate Sept. 26th 1901 on Minute Book 11 Page 185.

                                                                                                John Chandler, Clerk

(On page 65 of the original document appears the following note:  see on 12 line from top of Page Reasign appears twice in will and hence The same appears here as heirs recites)

71

WILL OF THOMAS SHARP

of Trundles X Roads in the county of Sevier and State of Tennessee Do make and publish this my last will and testament hereby revoking any and all former wills by me at any time made as follows:

1st.  I direct my just debts and funeral expenses to be paid out of my estate as soon as possible after my decease.

2"  For this purpose I direct that all and each lot parcel or piece of land that I may be legally possessed of except the home tract lying in the 9th Civil district of Sevier County Tennessee be sold and the proceeds applied to the payment of my just debts.

3rd.  If the proceeds of sale of such lots pieces or parcels of out land are not sufficient to pay all my just debts, I direct that 40 acres more or less so much as may be sufficient to pay all remaining just debts of my land lying in the 9th Civil district of Sevier County Tennessee be sold for said purpose.  Said 40 acres more or less to be cut off from the northern part of this tract of land being the land purchased by me from J H Ellis and wife containing 85 acres more or less lying north of the cave hollow.

72

4.  All the rest residue and remainder of my real and personal property or estate whatsoever which I may own or be entitled to dispose of at the time of my death of whatever kind nature and title soever the same may be not otherwise disposed of in this will.  I do give and bequeath unto my wife Amanda Sharp to her and for her use so long as she shall live.

5.  I direct that at the death of my wife Amanda Sharp all the rest residue and remainder of my real and personal estate of whatsoever kind nature or title the same may be, be divided among my then surviving children their heirs and assigns forever excepting

WILL OF THOMAS SHARP, CONTINUED.

$1000.00 of the proceeds of said property which is hereby directed to be divided among the children or heirs of my last wife Amanda Sharp share and share alike.

Then all the remaining property real or personal after the above mentioned $1000.00 is excepted, shall be divided as before directed among my then surviving children their heirs or assigns forever share and share alike.

73

I do give and bequeath to my daughter Alice Sharp one good horse, bridle and saddle if she has not already received the same.

I do give and bequeath to my son Elijah H Sharp one good Horse bridle and saddle if he has not already received the same.

I hereby constitute my sons, J. F. Sharp and J.R. Sharp the executors of this my will and clothe them with all necessary authority to sell and convey all lands as herein before directed and to carry out in every particular the provisions of this my last will and testament.

In witness whereof I have hereunto set my hand and seal his the 6th day of February, 1897.

                                                                                                Thomas Sharp [LS]

W. S. Bryan = Trundels X Roads, Tenn.

James R. Harris            Bank    Tenn.

Jake H. Sharp              French Tenn


WILL OF RICHARD EVANS

74

State of Tenn.               )           I Richard Evans do make and publish this my last will

Sevier County               )           and testament hereby revoking and making void all others by me at any time made.

First, I direct that my furneral expenses and all my debts if any be paid as soon after my death as posible out of any money that I may die possed of or may come into the hands of my Executor.

Second, I give and & bequeath to my wife Olive Evans all my lands and all my money & all my personal property to be hers during her life if she should should out live me.

Third, After my death and the death of my wife, I will and bequeath to the Mossey Creek College a certain tract and boundry of land lying & being on the head of Shields Camp branch containing by estimation Sixty five acres more or less and bounded as follows:  beginning on a spruce pine and stake on the bank of Shields Camp Branch and on the M M Armstrong line then S 45 W 140 poles to a stake and pointers, thence with Calls of deed to same & registered in Book on page 447 and noted in note book 2 page 226.

75

Fourth, I will and bequeath to H.P. Ownbey my grand son a certain piece of land on Shields Camp Branch adjoining the tract willed to Mossey Creek College containing by estimation forty acres all in a body just below the place to Mossey Creek College which I am to lay off and make the boundry to same.

Fifth, I will and bequeath to A N Ownbey my grand son a certain boundry of land adjoining the H P Ownbey block containing forty acres more or less which I am to lay off & make boundry to same.

WILL OF RICHARD EVANS, CONTINUED.

Sixth, I will and bequeath to Thomas W. Ogle my grand son a certain place of land adjoining the lands of J M McCarter & A N Ownbey containing ten acres more or less & I am to lay off & make boundry to same hereafter.

Seventh, After my death & the death of my wife, I will & bequeath all the remainder of my real estate & personal property to be equally divided among all my legal heirs, & lastly - I hereby nominate & appoint my wife Olive Evans & R N Ownbey my executors in witness whereof I do to this my will set my hand & seal this 23 day of Jany. 1894.

                                                                                                Richard Evans

Attest

            R  R Reagan     )

            E Reagan          )

            R F Sims          )

Admitted to probate Dec. 26, 1901.

                                                                                                John Chandler

                                                                                                Clerk


WILL OF WILLIAM M. ROBERTS

76

I William M Roberts of Melee in the County of Sevier & State of Tennessee being of sound mind and considering the uncertainty of life do therefore make and declare this to be my last will and testament.

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

Second.  After the payment of such funeral expenses and debts - I give devise & bequeath unto my children viz:  Ida E. Roberts, Bertha A. Roberts, Chloe E. Roberts, Zora Mahala Roberts, William H G Roberts and equal distribution of the proceeds of the interest I have in the store with my son, if there should be any moneys left after tomb stones are purchased for my wife's grave and all expenses and debts are paid off.

Third.  I want all my personal property to remain on my farm for the use and benefit of the above named heirs so long as they remain single or until they become of age.  And when the youngest child William H.G. Roberts becomes of age then the said personal property shall be sold and the proceeds divided equally among all of my heirs.

77

Fourth.  I want all of my lands consisting of my home farm and Knob farm to remain as it is for the use and benefit of my minor heirs until my youngest child becomes of age and as soon as any heir becomes of age, she shall be debared from any proceeds that may be raised on said lands or have any use or have any use of controll  of said lands.

And when the youngest child becomes of age, then I want saids to be divided eqaully among all of my children viz:  U.S. Roberts, D. M. Roberts, T.L. Roberts, Carrie B. Brock, Flora Ann Catlett, Ida E. Roberts, Bertha A. Roberts, Choloe E. Roberts, Zora Mahala Roberts and William H.G. Roberts.

WILL OF WILLIAM M. ROBERTS, CONTINUED.

Lastly, I appoint U.S. Roberts my oldest son to be Executor of this my last will and testament hereby revoking all former wills by my made.

In witness whereof I have hereunto subscribed my name and affix my seal the 18" day of March 1901.

                                                                                                William M. Roberts

This instrument was on the day of the date thereof 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 thereto as witnesses in his presence and in the presence of each other.

Witnesses         ( J. T. Hill

                        (W.A. Hill

Admitted to probate Jany. 13, 1902.

                                                                                                John Chandler

                                                                                                Clerk


WILL OF G. MC. SHULTS

78

I George McCown Shults of Sevierville Tenn. being in feeble heath but of sound mind and disposing memory do hereby make and publish this my last will and testament hereby revoking and making void all wills by me made heretofore.

First.  I will that my executor shall pay all of my just debts including my funeral expenses out of any means or moneys that may come into his hands and as soon as practiable after my death.

79

Second.  I will and devise to my beloved wife Dialtha J. Shults for and during her natural life for the use and benefit of her and our children my farm where I now live located in the 5" Civil District of Sevier County Tenn. adjoining the lands of M. Hammer, Nortons, J.M. Blalock and west Fork of Pigeon River containing about 85 acres including all buildings hereditaments and appurtanances thereunto belonging.  There is a deed of Trust on said farm due to Dr. P.E. Walker amounting to about $125.00 which I want my Executor to pay off as soon as he can out of personal estate if this can be done first, but if not then I desire him to sell at either public or private sale a sufficient amount to pay this encumbrance off & in doing so to sell it when it will do the least damage to the remaining farm and leave it in the best possible shape.

To this end I wish my wife to assist my executor all she can to relieves the farm from this encumbrance as it is to relieve her home and sure it to her and our children.

Third.  At my said wifes death I will will & direct that my executor sell my said farm and divide the poceeds equally among all of my children both by my first and second wife.

Fourth.  Three of my first wifes children viz: L.D., D.J. and Y.J. Shults, are married and have homes of their own and have recived of my personal estate their full shares.  The

WILL OF GEORGE MC. SHULTS, CONTINUED.

other three viz: Curtis, J.T. and M.B. Shults I will and bequeath to them the bedding on hands which their mother (my first wife) left them this I want to be divided equally among them.  I do not include in this bequest a bed of my own which I want my present wife and children to have.  The sewing machine on hands No. 8 Wheeler & Wilson I give to my daughter D.J. Rambo as it was her mothers machine and she is her only daughter and I modify the first part of this item (4) to this extent.

80

Fifth.  I desire my wife to spare all of the personal estate she can well without stinting herself and children if necessary to pay off my indebteness so as to save any sale of any portion of the land if possible.  This I belive she will do as I have confidence in her to help protect the home for herself and our children.

Sixth.  I hereby nominate and appoint my friend and counselor J.R. Penland as my Executor to cary out the provisions of this my last will.

In witness where off I hereto set my hand on this June 4, 1901.

                                                                                                George McCown Shults

We the undersigned parties were specially called by George McCown Shults to witness his signature to the foregoing instrument which he acknowledged was his last will and which he signed in our presence and which we signed in his presence and in the presence of each other.

                                                                                                P.P. Seaton

                                                                                                J.C. McCown

Probated Feby. 18, 1902.

                                                                                                John Chandler, Clerk.

81

WILL OF JOHN BURCHFIELD

I John Burchfield of Allensville Sevier County Tenn. do hereby make and declare this to be my last will and testament.

First.  I direct that my executor pay my funeral expenses and all my just and honest debts and liabilities.

Second.  I give to my son Wilson G. Burchfield one house and lot in East Knoxville which cost me nine hundred and fifty dollars ($950.) and also fifty dollars ($50) in money and at his death if he leaves no heirs said property to go back to my daughter Edith Denton and her heirs.

Third.  I give to my daughter Edith Denton one Thousand Dollars in money.

Fourth.  And all the remainder of my estate I give to my wife Martha Burchfield and to daughter Elizabeth Burchfield,  For my wife to take care of Elizabeth as long as she lives and at her death to be equally divided with my three children, and provided that Elizabeth should out live her mother that the one who takes care of her to be well paid out of her estate and if any thing of her estate remain at her death that it be equally divided with her brother & sister Wilson G. Burchfield and Edith Denton.

82

I appoint my beloved wife Martha Burchfield as executor with out bond, of this my last will and testament.

I witness wereof I have hereunto subscribed my name.  This ninth day of Jany. in the year of our lord nineteen hundred and two.

                                                                                                John Burchfield

WILL OF JOHN BURCHFIELD, CONTINUED.

Signed by the said testator John Burchfield as his last will & testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

                                                                                                J. L. Yarberry

                                                                                                R. P. Clark

Probated 2/24./1902.

                                                                                                John Chandler, Clerk

83


WILL OF DAVID HURST

The last will and testament of David Hurst.  I David Hurst do make and publish this 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 expenses and all my debts be paid as soon as possible after my death, out of my moneys that I may die possessed with or may first come into the hands of my executor.

2nd.  I will and bequeath to Dorman Hurst and David Hurst son of Arvel, all of my lands on condition that the said Dorman Hurst and David Hurst pay to Emanuel Hurst my son & Isaih Hurst, Asa Hurst the sum of $25.00.  Also the heirs of Solomon Hurst and Margaret Breeden $25.00 to be equally divided among them selves, also to pay to Rhoda Henry the sum of $100.00 also to Julia Ogle $100.00 also to Ceny Williams $100.00 to be paid in four years after the said Dorman Hurst and David Hurst gets possession of said

WILL OF DAVID HURST, CONTINUED.

84

lands.  I also will to Emanuel Hurst the sum of $1.00, Isaih Hurst the sum of $1.00 Asa Hurst $1.00, Solomon Hurst heirs $1.00, Margaret heirs $1.00, Ceny Williams $1.00, Rhoda Henry $1.00, Julia Ogle $1.00.  The one Dollar bequeath is to be paid out of my personal property if any left at my death, but if no property left to be paid by Dorman Hurst and David Hurst and after said one Dollar bequeath is paid off if any property is left I will that the same be divided equally between Dorman Hurst and David Hurst.

Lastly.  I hereby nominate and appoint Dorman Hurst as my Executor to carry out my will and to see that same is executed according to the will.  In witness where off, I do to this my Will set my hand this 9th day of April 1900.  The Executor is excused from giving bond.

                                                                                                            his

                                                                                                David  X  Hurst   (Seal)

                                                                                                            mark

Signed and published in our presents and we have subscribed our names here to in the presents of the testator on this 9 day of Apr. 1900.

Attest   J. C. Smithpeters

            W. B. Smithpeters

This March 12, 1902, I this day have saw fit and think it best that I change my will and give four years time it up in the place of two years.

We the undersigned do sign our names as witnesses that the said David Hurst is in his right mind and makes this change with his own accord.

Samuel Hurst,       Pleasant Hurst    his  X  mark

Admitted to probate April 12, 1902.                                         John Chandler, Clerk

85

WILL OF A.E. HENDERSON

State of Tenn.   )

Sevier County   )                                                                       August 3" 1902

86

I A.E. Henderson knowing that life is uncertain and death is sure do make this my last will and testament, that all lawful debts and funeral expenses be paid out of any money or means which I am in possession,  then do will and bequeath unto A. C. Andes three children one hundred dollars to be equally divided between them and the remainder to be equally divided between R.H. Andes, John W. Andes, I.L. Andes and Sarah M. Seaton.  So far as my House and kitchen furniture is concerned, the Bureau & safe I do will and bequeath to James Henderson & wife Eva.  My beds to be equally divided between Jennie Lee Henderson, Nellie Henderson, Mary Andes and Pearl Andes.  Also a note of one hundred dollars I will and bequeath to Rachel Hitch and Jane Sharp.  Said note is due Agust 1st 1904.  The note I hold on W.T. Thomas is the one refferred to.  The land I own I wish I.L. Andes to have or such part as he may desire paying a reasonable price for such part as he may choose the remainder to be sold and I do hereby appoint I.L. Andes and James B. Seaton Executors of this my

August 2, 1902.

                                                                                                            her

                                                                                                A. E.   X   Henderson

                                                                                                            mark

Attest   Sam Henderson

            M.E. Andes

Admitted to probate Sept. 8th 1902.

                                                                                                John Chandler, Clerk

87

WILL OF R.M. MCBEE

In the name of God amen.

I R. M. McBee of the County of Jefferson and State of Tennessee being of sound mind and memory and in view of the uncertainty of this transitory life do therefore make and bequeath and ordain this to be my last will and testament.

1st.  That is to say that after my just debts are paid I give devise and bequeath to my beloved wife Willie C. McBee and to her heirs and assigns forever, all my property and estate whether real personal or mixed and I constitute and appoint my said wife Willie C. McBee sole Executrix of this will without bond.

In testamony whereof I sign my name.  In testamony whereof I hereto sign my name this 9" day of Jan. 1896.

                                                                                                            R. M. McBee

W.H. Drinnen   )

A.H. Huffaker  )

Admitted to probate Sept. 13, 1902.

                                                                                                            John Chandler

                                                                                                            Clerk


WILL OF B. LANGSTON

88

I, Benjmin Langston of the County of Sevier and State of Tenn. being in feeble heath but of sound mind, do make and publish this my last will and testament hereby revoking and making void any all former wills by me at any time made.

First.  It is my will and desire that all my just debts and furneral expenses be paid out of the first moneys that may come into the hands of my Executrix from Bank Debts or otherwise.

Second.  It is my will and desire in the event that my wife Cathorine Langston should survive me, that she pay off and satisfy a mortgage given to secure a debt to Asa Delozier for Three hundred and forty dollars and should she pay all the above charges then and in that event, I will and bequeath to her the houses and lot where I now live on the south side of Verd St. in the town of Sevierville adjoining A. M. Paine and the property of the Brown girls.

Third.  I will and bequeath to my said wife Cathorine Langston my barn and three lots on the south side of the alley in the rear of the house & lot named and described in the second item of this will during her natural life and at her death, I desire that the same be equally divided between my own heirs.

89

Fourth.  I give to my wife my trunk, clock, my picture and that of my former wife, also my father & mothers picture, my bed steads and bedding except herein after provided, my chairs, except my rocking chair, my safe, cupboard, meal chest, Two sets of fire dogs, my watch, writing desk, my chest, Two loge Bibles, Three small tables, my Buggy & Harness, stove & fixtures, my cow, wash Kettle, Lamps.

WILL OF B. LANGSTON, CONTINUED.

Fifth.  It is my will and desire that my daughter Sarah Ogle have my Rocking chair, my Bureau, the picture of her uncle Albert Atchley and a pair of shoes that belonged to her mother.

Sixth.  I desire that my Executrix sell at public or private sale as she may think best, my hack and Harness, my phone and shot gun and apply the proceeds to the payment of debts.

I hereby appoint my wife Cathorine Langston my Executrix of this will, who is not required to give bond.

In witness hereof set my hand and affix my seal this Thirtieth day of December Nineteen hundred & Two.

                                                                                                B. Langston.

Signed sealed & acknowledged in our presence and we certify that we signed the same in the presence of the testator and of this request & in the presence of each other on the day it bears date.

                                                                                                M. P. Thomas

                                                                                                Andrew Marshall

Admitted to probate Feby. 20, 1903.

                                                                                                John Chandler

                                                                                                Clerk


WILL OF JOHN B. HODSDEN

90

Know all men by these present that I John B. Hodsden of Sevier County in the State of Tenn.

Being of sound mind and disposing memory in view of the uncertainty of life and the certainty of death, do make and publish this my last will and testament making void all others if any should have been made.

1st.  It is my will that my beloved wife Kate Karns Hodsden have all and control of all the real estate which I now own and control in the fourth Civil district of Sevier County Tenn. during her natural life.

2"  It is my will that my wife have all the personal property including money, household goods and personal property including money, household goods and personal property of every description we now have or that she can make off of the former during her natural life to dispose of and do with as she thinks best.

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3rd.  It is my will after her death the real estate above mentioned and described shall go to the children of my sister Mollie Hicks equally subject to the following: that is to say, should their not be enough money Realized from the sale of my interest in the Rhea county lands to complete the following sections this shall be a lein retained on my home farm to meet these obligations and should Mr. Hicks fail or refuse to meet them, my Executor shall sell enough of said lands to meet the following obligations.

3rd.  It is my will that Clarence Hodsden shall have $500.00 five hundred dollars when he becomes twenty one years of age.

And that all of my just debts of any kind be paid.

WILL OF JOHN B. HODSDEN, CONTINUED.

4th.  It is my will that the lands I now own in Rhea county be sold for the purpose of paying the five hundred dollars to Clarence and all my just debts and should their not be enough Realized out of the Rhea county lands to pay those then the lein will be declared on the lands owned by me in this county to complete and meet these two obligation and should there be any over and above the amount necessary to meet these Two last mentioned items the overplus shall go to my wife as the other personal property.

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5th.  It is my will that my nephew Robert Hicks have my watch.

6th.  It is my will that my wife Kate Karns Hodsden be and she is hereby named and nominated the Executrix of this my last will and allowed to carry it out without giving bond that being waved.  In witness whereof I have here unto set my hand and seal this July 1st 1901.

                                                                                                John B. Hodsden

Witness

J.B. Brabson

W.G. Caton

            CODICIL       Mch. 20, 1902

The clause in the above will relating to Clarence Hodsden is void as he has left me.

                                                                                                John B. Hodsden

Admitted to probate in open court after an examination of witnesses before the Chairman on Mch. 31, 1903.

                                                                                                John Chandler, Clerk


WILL OF HENRY NEWMAN

93

State of Tenn.   )

Sevier County   )           I Henry Newman being of sound mind and memory though feble in body and knowing that I soon shall have to leave the walks of men, but desiring to dispose of my property before I depart this life do hereby make and publish this as my last will and testament hereby revoking and making void all former wills made by me.

I.  I direct that my personal expenses shall be paid out of the first moneys that comes into the hand of my Executor and that all my just debts shall be paid.

2nd.  I give all the money and all the notes I have on hand at the date of my death to my beloved son George Sims Newman to pay him for keeping me in my old age and through my last sickness and to pay all other debts & expenses with.

3rd.  I have heretofore made advancements to all my heirs towit:  John Newman, Dec'd., Mary Jane McKinyon, Dec'd., Vinyard Newman, James Newman, Albert Newman, Henry Newman, Mary M. Mitchell, which I think makes them equal.

4th.  I direct and appoint my son George Sims Newman my executor with out bond to carry out the provisions of my will.

                                                                                                            his

                                                                                                Henry  X  Newman

                                                                                                            mark

Signed sealed & published in our presents & in the presence of us both 4/6/03 -

Albert W. Roberts and J. Mc. Atchley.

Admitted to probate 6/5/03.                            

                                                                                                John Chandler, Clerk


WILL OF MARGARET E. HAGGARD

94

I Margaret E. Haggard of Sevier County Tennessee, recognizing the uncertainty of life and the certainty of death being and of a disposing mind do hereby make and publish this my last will and testament hereby revoking all former wills made by me.

My first desire is that my funeral expenses shall be first paid out of any personal property that I may die seized and possessed of.

2"  I bequeath to my daughter N.E. Byons all the remainder of my personal property for caring for and waiting on me during my illness that I am now undergoing or may hereafter have to undergo.  Said personal property consists of one cow, one sewing machine, and any other household or kitchen furniture that I may die seized and possessed of and further one note against I. Mount for purchase money on a peice land.  Said note being in the hands of Eugene Hattsinger for collection and now the N.E. Byons agrees to furnish the said M. E. Haggard what is necessary for her comfort while she may live as a consideration for the above named property.  In testimony where of we have here unto set our hands and seal.

This 17th day of October 1903.

                                                                                                            her

                                                                                                M. E.   X   Haggard

                                                                                                            mark

                                                                                                M. E. Byons

95


Signed and delivered in the presence of                         H. G. Underwood        Oct. 17, 1903

                                                                                    W.H. Goforth               Oct. 17, 1903

Admitted to probate Nov. 7th 1903.

                                                                                                John Chandler, Clerk

96

LAST WILL OF MARY E. CHANDLER

I, Mary E. Chandler, of Sevier County Tenn., do make and publish this my last will and testament, hereby revoking all wills by me made at any time heretofore.

(1)  I will that all my just debts be paid, and my funeral expenses discharged and I include in these expenses a suitable monument to mark my grave.

(2)  I direct that my executor herein after named dispose of all my estate, real, personal and mixed, wherever situate, and when the debts and expenses are all paid, I will and devise all the proceeds of sale to Mary Julia Chandler and Benjamin McCroskey Chandler, (Children of my son Joseph T. Chandler) share and share alike, the portion falling to said Mary Julia, to be taken by her to her sale and separate use and behoof, and free from all interest, claim and control of any husband she may at anytime have.

(3)  I have heretofore provided as well as well as I was able, and to the extent I desire for my children.  I therefore do not make any bequest to them, or either of them or to any other of my grand children.

97

(4)  My Executor is authorized to make sale of all my said property personally - and really - either publicly or privately.

(5)  I hereby name Lewis Tilman of Knoxville, Tennessee the Executor of this my last will and testament.

                                                                                                Mary E. Chandler

Signed sealed, acknowledged and published by the testatrix on this the 13 day of April, 1900, in our presents and by us at her request and in her presence and in the presence of each other.  Witnessed:

                                                                                                Jno. Rogers

LAST WILL OF MARY E. CHANDLER, CONTINUED.

                                                                                                Sam. R. Rambo

Admitted to probate March 24, 1904.

                                                                                                John Chandler, Clerk

98


WILL OF S.E. TROTTER

I, S.E. Trotter do this day will to my wife Maggie M. Trotter every thing I possess including my life policy, after my note held by A.C.F. Trotter and one held by Addie M. Trotter have been lifted or paid off.

I also will that at the death of said Maggie M. Trotter what remains be equally divided among my children.

This Oct. 27, 1903.

I appoint N. E. Trotter executor of my will.                                           S.E. Trotter

Witness:

N.E. Trotter

Addie M. Trotter

Admitted to probate Nov. 27" 1903.

                                                                                                            John Chandler, Clerk


WILL OF JOHN ROBINSON

99

In the name of God, Amen.

100

I, John Robinson, of the County of Sevier and State of Tenn., being meek and afflicted in body but of sound mind and disposing memory and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly substance as it hath pleased God to bless me with, I give and bequeath the same in the following manner, that is to say.  First, its my will and desire that my just debts and funeral expenses be speedily and punctually paid immediately after my decease by executors.  Then to my beloved daughters Harriet L. and Margaret E. shall have all the farm where I live known as the McCallie Tract also five acres off of the place known as the Houk Tract on the west end of said tract lying nearest the Spring equally.  It is also my will and desire that my daughters shall have all my Household and Kitchen furniture it embracing every thing that I may have about the House, all the farming tools, all the live stock that I may be possessed at my decease, all the corn and wheat and all the roughness that may be on hand also my wagon and buggy and all harness that I may have at my decease.

2"  I give and bequeath to my two sons William T. and Joseph A. Equally what may be remaining of my farm known as the Johnson farm.  I am expecting to sell a small portion of said farm, but if I should not sell any of said farm it is my will that my said sons pay my funeral expenses and Doctor bill.

3"  I give and bequeath to my two sons James B. and John A. Equally the tract known as the Houk land except the five acres that I have given my two daughters near the spring also the Wayland tract or that portion lying north of a line beginning on James B. Robinson's line at or near the yard gate at the House at or near the creek where Frank

WILL OF JOHN ROBINSON, CONTINUED.

Clark lived running East so not to get closer than one hundred yards of Boyds creek to the Norton Line.  I expect to have the Timber on said land sawed into lumber or as much as I may wish.

101

4"  I give and bequeath to my son Timothy C. and two daughters Harriet L. and Margaret E. Equally all the remaining portion of the Wayland tract south of the line named in my bequest to my sons James B. and John A. and the land I bought from James M. Sharp but if my son Timothy should never return it is my will then that my two daughters shall have said land.

5"  I will and bequeath to my five grand children John, James, Henry, Lum and Annie Cunningham one dollar each.

6"  It is my will that rents shall be paid on all my lands except that portion that I have given my two daughters for one year the next after my decease said rents to be sold to pay any debts that I may owe and after said debts are payed the remainder of the proceeds of said rents to be divided between my five sons.

7.  I revoke all wills that I may have made at any time prior to this date this the 11th day of December 1902.

                                                                                                            his

                                                                                                John  X  Robinson

                                                                                                            mark

Attest

T. O. Cowan,   J. W. Sharp

Admitted to probate the 5 day of August 1904.  See record book Page 142, Book 12.

                                                                                                John Chandler, Clerk

102

WILL OF E.L. BURNS

I, E.L. Burns, of Sevier County Tenn., do hereby make and publish this as my last will and testament hereby annulling and revoking all wills or testaments that have been by me heretofore made.

I.  I will to my wife three horses, two cows to be selected by her, fat hogs sufficient to make her meat another year to be selected from the small ones, Two sows for stock hogs, two buggies on hands, one wagon, one harrow, one two horse turner, two double plows, two horse single plow hoes, mattocks, and small tools on hands.  The rake, mower, and reaper I also give to her if she thinks she will need same.  Also two  pairs of plow gears.  Also all the household and kitchen furniture, beds and bedding, wearing apparel &c on hands.

II.  To my daughter Laura, I have given a colt and two heifer calves, now on my place, which I desire her to have and keep.

103

III.  I authorize and direct my Executor to sell enough of my real estate (after exaustion of personatly) to pay balance of my indebtedness and expenses of administration such part to be by him selected and set apart should he think it best for my wife and family.  He is authorized to sell all my real estate either as a whole or in parts, as he may see best, and whatever residue after payment of debts and expenses is left will be reinvested by him in real estate.  And whether a part of my farm is kept or all sold and other real estate bought the title to same will be vested in my wife for the use of herself and family during her natural life or widowhood.  And after that - the same should go to our children in fee.

In making sale or sales of real estate as well as personal property, he may sell at public or private sale and on such time and terms as he may deem best under the circumstances.

WILL OF E.L. BURNS, CONTINUED.

IV.  All the personalty not dispensed of otherwise will be converted into cash and proceeds applied to my debts and expenses.

V.  Untill sale shall be made my Exr. will rent and manag farm and use the proceeds first for support of my wife and family and payment of Taxes and the balance to be used as provided in reference to other funds that shall come into his hands.

104

VI.  I direct that my Executor set apart to my wife for herself and family corn, wheat, hay and other sufficient to feed stock given her herein and support the family during another year.  She shall also have enough of the proceeds of property to make out the balance of a support for my family during the time specified.

VII.  I hereby nominate and appoint D. W. Payne executor of this my last will and testament.

This Sept. 14, 1904.

                                                                                                            his

                                                                                                E. L.  X  Burns

                                                                                                            mark

The foregoing will was signed by the testator E. L. Burns in our presence and we sign same as witnesses at his request in his presence and in the presence of each other on the date above mentioned.

Witnesses

M.J. Gilmer

W.A. Burns

Admitted to probate Sept. 27, 1904.

                                                                                                John Chandler, Clerk

105

WILL OF G. M. MAPLES

                                                                                                Sevierville, Tenn.

                                                                                                Jan. 9, 1903

State of Tenn.   )

Sevier County   )           Know all men by these presents, Greeting - that I G. M. Maples considering the uncertainty of life and the certainty of death and being of a sound mind and memory do make and publish this my last will and testament in manner and form, Viz:

106

First.  I give and bequeath my home farm where I know live unto C.T. and A. J. Kyker at my and my wife's death they to pay my estate (in a reasonable time) Twenty four hundred Dollars for same.  The proceed to be paid equal to all my heirs including what I have already advanced to them which advancement is to be deducted out of their prorata part.  I have already advanced to Martha Saprona Brown One hundred and ninety Dollars which  will be deducted from her part.  I have give as a present all of my children Two Hundred dollars except Lydia Lindsey and Sarah Hardin.  I have give Lydia Lindsey Eighty dollars and Sarha Hardin Seventy-five dollars.  I intend to give Lydia Lindsey One hundred and twenty dollars and Sarah Hardin One hundred and twenty five dollars to make them equal, but in the event I fail to do so, I want them to be made equal and same paid out of general fund of my estate before division between my heirs.

            I except Esther Atchley and Polly Romines in the division of my estate the reason being that they have already received from me their equal part.  I want A. J. Kyker at my death to have full control of my farm except the first bottom.  I want Enoch Atchley to work it as long as me and my wife Malissa lives.

WILL OF G.M. MAPLES, CONTINUED.

            There is nothing in this that will in any way hinder my wife Malissa from having her support as long as she lives.

            I also appoint my Son-in-law A.J. Kyker my Executor to carry out the provisions of this will.

            In witness I have hereunto set my hand and seal the day and date above.

Witness:                                                                                               G. M. Maples.

            W. D. Atchley

            A. J. Kyker

Admitted to probate Nov. 7, 1904.

                                                                                                John Chandler, Clerk

107


WILL OF M. C. ROBERTSON

I, M.C. Robertson, now a resident of Sevier County Tenn. do make and publish this my last will and testament hereby revoke all wills by me at any former time made.

1st.  I desire to will and bequeath to L. D. Robertson a due bill which I hold against him for $664.75 being the full amount due me from L. D. Roberson said due bill being the remainder said L. D. Roberson is due me on 68 acres of land that we formerly bought from John Murphy.

2nd.  I further desire to will and bequeath to my brother L. D. Roberson, one half interest in 80 acre tract of land bought by Roberson and Sharp through the Chancery Court at Sevierville, Tennessee, being formerly owned by John Murphy and (sentence ends there)

WILL OF M. C. ROBERTSON, CONTINUED.

3rd.  I further will and bequeath to my mother Mary Roberson all my personal property excepting due bill for $664.75 mentioned in 1st clause.

108

4th.  I further will and bequeath to my beloved neice Rebecca Shepherd all the shares I own in my fathers farm.

5th.  I further will that my Brother L. D. Roberson pay my funeral expenses and put proper tomb stones to my grave.

6th.  I further will that if my neice Rebecca Shepherd does not reach her majority that the shares in my fathers farm mentioned in clause four of this will shall be conveyed to my mother Mary Roberson.

7th.  I do hereby appoint my brother, L.D. Roberson executor of this will, he is to serve without compensation and is excused from making Bond.

Herewith set my hand and seal this 6th day of December 1904.

                                                                                                M. C. Robertson

Attest

A. T. Umbarger

J. Mc. Snapp

Admitted to probate Dec. 12th 1904.

                                                                                                John Chandler

                                                                                                Clerk


WILL OF S. R. WILLIAMS

109

I, S. R. Williams, of Sevier County Tennessee, being of sound mind and memory, do make and publish this my last will and testament in manner and form following, towit:

1st.  It is my will and I direct that my funeral expenses and my first debts be paid out of money that I may die possessed of, or that may first come into the hands of my Executor.

2nd.  I give bequeath and devise my estate and property as follow that is to say:

1st.  I give and devise to my beloved wife Ida Williams during her natural life and at her death to my two children, Ray and Addie, my farm in the third District of Sevier County Tennessee and direct that my Executor hereinafter named shall look after the renting and cultivation of the same and see that the proceeds are applied to the use and benefit of my said wife and children.

2nd.  I give and bequeath to my said wife all the household and kitchen furniture and the fat hogs for meat and one hundred bushels of corn in the crib on the farm of W. C. Fox.

110

3rd.  It is my will that all the rest and remainder of my personal property be sold by my exectuor and that the proceeds of said sales shall remain in his hands and be used by him for the benefit of my said wife, as she may need the same and for the clothing and schooling of my children.

4th.  I desire that my Executor shall collect all my notes and other debts and apply the same as specified in Item 3rd above.  Among my notes is one for $250.00 on W. C. Fox but which is not due.  This note is secured by a deed of trust on a tract of land.  If said tract of land has to be sold in the collection of said note, I direct that my executor in the event it does not bring the amount of said note shall bid off the same for my wife and

WILL OF S. R. WILLIAMS, CONTINUED.

children.  And that said Executor shall look after the renting and cultivation and applying the proceeds there of as provided in 1st Item, above.

5th.  I appoint my brother Joe Williams Executor of this my last will and testament.

            In witness where of I have here unto set my hand on this 28th day of Nov. 1904.

                                                                                                S. R. Williams

Signed and declared by the testator to be his last will and testament in the presence of us, who at his request sign as witnesses of the same.  Nov. 28, 1904.

                                                                                                W. L. Duggan

                                                                                                John Rolen

Admitted to probate Dec. 17, 1904 in open court.                    I. M. Lindsey, Chairman

                                                                                                John Chandler, Clerk

111


WILL OF W. M. DIXON.

I, W. M. Dixon of the 4th Dist. of Sevier County Tenn., do hereby make and publish this my last will and Testament hereby revoking and annulling all others at anytime made by me.

I.  I will and desire to my wife Rebekah Dixon the lands owned by me known as my home farm, on which I now live, to be hers and controlled by her and the proceeds of same to be hers during her widowhood, should she outlive me, untill my youngest son, Bart Dixon, shall become of age.

WILL OF W. M. DIXON, CONTINUED.

II.  When my said son Bart Dixon shall arrive at the age of 21 years, It is my will that my home farm shall be divided so as to cut off about 35 or 40 acres from the lower end of the farm next to the river by a line running from a peach tree at the foot of the hill and on the line of J. R. Yett directly across the farm to a persimon on the line of Mack Snapp.

112

It is my will that my said son Bart Dixon shall have the said above described 35 or 40 acres of land, subject however to the life interest in same which I here and now devise to my said wife Rebekah Dixon, the said Bart Dixon to support and care for his said mother off of said 35 or 40 acres during her natural life and the said Bart Dixon shall pay my youngest daughter Leona Dixon the sum of Two hundred ($200.00) Dollars which said sum shall become a charge on the land devised to said Bart Dixon.

III.  I will and devise to my two sons Arthur Dixon and Prentiss Dixon, the remaining part of the home farm which is now cleared and under fence to be equally divided between them.  When the said Bart Dixon shall become of age and the division is made as mentioned in the preceeding paragraph of this will, said land to be theirs in fee subject however to a charge of Two Hundred ($200.00) Dollars to be paid by each of them to my Daughters Pearl Dixon and Mattie Dixon - the said Arthur Dixon to pay said Mattie Dixon Two Hundred Dollars and Prentiss Dixon to pay said Pearl Dixon two hundred Dollars which two sums of Two hundred dollars shall become a charge and lien on the shares devised to said sons Arthur Dixon and Prentiss Dixon Respectively as above indicated.

IV.  It is my will further that the timbered land on my home farm shall be equally divided among my three sons above mentioned towit:  Arthur, Prentiss, & Bart Dixon and to

WILL OF W. M. DIXON, CONTINUED.

become parts and parcels of the tracts above mentioned as devised to said three sons respectively.

V.  In the settlement and division of my estate I have already paid to and advanced to my Luther Dixon the sum of Four hundred dollars ($400.00) in cash which advancement I consider to be his share in the division of my real estate.

113

VI.  I will and bequeath to my daughter Anna Reed wife of Boyd Reed the sum of Two hundred ($200.00) Dollars to be paid to her out of my personal estate, said sum of Two hundred dollars to be invested in real estate the title to which shall be taken in the name of Anna Reed by my Executor.

VII.  After the payment of the above mentioned sum of Two hundred dollars to my daughter Anna Reed and investment of same in real estate and after the payment of all my debts and funeral expenses it is my will and desire that my wife Rebekah Dixon shall have the remainder of my Personal property consisting of notes, farming utensils, corn, hay, houshold and kitchen furniture &c, which I may own at my death to be hers and used by her so long as she remains in widowhood and untill my youngest son the said Bart Dixon shall become 21 years of age when said personal property if any still exists shall be equally divided among my children.

VIII.  It is my desire and will that no sale of the real estate herein devised to my said three sons Arthur, Prentiss and Bart Dixon shall be made by them during their natural lives unless such sale shall be made to each other or to some member of my immediate family.

WILL OF W. M. DIXON, CONTINUED.

114

IX.  I here by nominate and appoint my son Luther Dixon as Executor of this will and to see after the investment of said Two hundred Dollars devised out of my personal estate to my daughter Anna Reed in lands for her.  This 12 day of Feby. 1901.

                                                                                                W. M. Dixon

Signed by the testator in our presence and we have signed as witnesses in the presence of each other being called to attest this will by the testator.

            This 12 day of Feby. 1901.

                                                                                                W. A. Bowers

                                                                                                A. J. Hicks

Admitted to probate 3/26/1901.

                                                                                                John Chandler, Clerk


WILL OF JOHN RUSSELL

115

I, John Russell do make and publish this my last will and testament, hereby revoking making void all former wills by me any time heretofore made.

First:  I direct that my body be buried in the Sims Cemetery, by my two wives Nancy and Mary, and that all my just debts be paid as soon as possible after my deceased.

I have made a deed to my son John H. Russell for some land as his part of my estate, for services rendered to me and my afficted wife, by him and his family.  The same to be extended to me during life, which has been entirely satisfactory.  Then said land will be absolutely his.

116

I have made a deed to my son Thomas J. Russell joining his land as his part of my estate, which will be absolutely his after my death.  After my death my Executor will have my land surveyed and sold & 5% to be paid cash in hand the remainder on twelve months time.  The purchaser to give approved security and retain lein on land till paid for.  After my expenses are paid the money to be divided among eight heirs:  Elizabeth H. Thurman, Nancy C. Thomas, and Chilnessa Ann Simms, deceased.  Their portion of estate to be divided among their children, Sarah Naugher, Mary Berry, Charles Russell, Martha Allen and George S. Russell being the other five heirs.

My Executor to sell if there be any wheat one third of the over plus of 25 bu., and corn one third of the over plus of 75 bu., and meat one third of over plus if there any of 300 pounds net and hogs if there be any over 400 lbs.

I give my interest in poultry to my daughter-in-law Jane Russell.

I appoint John H. Russell as my Executor.


WILL OF JOHN RUSSELL, CONTINUED.

Signed                                                                                                  his

                                                                                                John  X  Russell

                                                                                                            mark

Witnesses                                                                                 (W. A. Hill

                                                                                                (S. S. Watson

Date     This July 5th 1904.

The testator had to make his mark on account of the dimness of sight and nervousness.

Admitted to probate Feby. 6, 1905.

                                                                                                John Chandler, Clerk

117


WILL OF ELIZABETH LOVELADY

I, Elizabeth Lovelady being well advanced in years and realizing the fact that I have but few years allotted me to live here on earth, and of sound mind and disposing memory do here by make and publish this my last will and testament hereby revoking and making void all other wills at any time made by me prior to this date.

First.  It is my will that all my property personal or mixed including my notes and accounts, In fact every thing that I shall own at my death shall be equally divided between my two neices towit:  Eliza Clabaugh, wife of Wm. Clabaugh and Clara Carnes, wife of James Carns.  Should either of said parties viz: Eliza Clabaugh or Clara Carns die before I do leaving issue such issue to take the mothers part and should either of said devises die without issue then in that event her share or portion to go to the one surviving her or her next at kin.

WILL OF ELIZABETH LOVELADY, CONTINUED.

The reason I make this disposition of my property is that I have no children of my own and having raised both of said parties to wit:  Eliza & Clara and they having done much for me and I feeling very near to them, I therefore want them to have the benefit of whatever property I shall own at my death.

118

But it is expressly understood that I am to have the full use, control and benefit of all of said property till my death.

Second.  It is my will that after my death and before any division of property is made as provided in Item one hereof that all my just debts shall be paid including my funeral expenses which shall Include a nice set of Tombstones out of the first monies realized from my property.

Third.  If there is no objections it is my will and desire to be laid to rest in the old Shiloh Burying Ground.  Where my father, mother and grand father and others relatives Sleep.

Fourth.  It is my will that James Parsons shall be my Executor.

In witness whereof I hereto set my hand on this the 2nd day of Nov. 1900.

                                                                                                            her

                                                                                                Elizabeth X Lovelady

                                                                                                            mark

We the undersigned witnesses were specially called by the testatrix to witness the foregoing Instrument as her last will and testament.

Witnesses Prov. 1/8/02 W. A. Atchley

                                                J. M. Parsons

                                                H. P. Atchley

Probated Jan. 18, 1902.                                                           John Chandler, Clerk

119

WILL OF ELIZABETH J. & MARY ROGERS.

Elizabeth J. in the Seventy Nineth year of my age, and Mary Rodgers in the Sixty sixth year of my age and in the year of our Lord nineteen Hundred and one (1901) and in our right mind and memory do make and publish this as our last will and testament hereby revoking and making void all other wills by us at any time made.

1st.  We direct that our funeral expenses and all our debts be paid as soon after our deaths as possible out of any monies that we may die posessed of or may come into the hands of our Executor.

2nd.  It is our will that Manerva Davis and her heirs have all of our Lands we may die possessed of.

3rd.  It is our will that Manerva Davis and her heirs have all our farming tools and wagon, also all live stock and household and kitchen furniture.

4th.  It is our will that Manerva Davis have all our wearing clothes.

Lastly, we do hereby nominate and appoint Wm. R. Rodgers our Executor.

In witness whereof we do this our will set our hands and seal this the 15 day of August 1901.

                                                                        her                                           her

                                                            Mary  X  Rogers                      Elizabeth X Rogers

                                                                        mark                                        mark

Signed sealed and published in our presence and we have subscribed our names hereto in the presence of the testators.  This 15" day of August 1901.

Attest                                       S. R. Patty

                                                Andy Rogers

Admitted to probate 2/24/05.                                                               John Chandler, Clerk

120

WILL OF ELIZABETH ROGERS

I, Elizabeth Rogers in the Seventy Nineth year of my age and in the year of our Lord, Nineteen Hundred and Two (1902) and in my right mind and memory do make and publish this my last will and testament, hereby revoking and making void all wills by me at any time made.

1st.  I direct that my funeral expenses and and all my debts be paid as soon after my death as possible out of any monies that I may die possessed of or may come into the hands of my Executor.

2nd.  It is my will that Manerva Davis and John V. Davis and Joseph M. Davis and Andrew R. Davis have all of my lands I may die possessed of.  This land joins I. R. Patty, Ci Reagan, James Reagan and others.

3rd.  It is my will that Manerva Davis and John V. Davis and J. M. Davis and Andy Davis have all my farming tools and wagon also all live stock and household and kitchen furniture.

4th.  It is my will that Manerva Davis have all my wearing clothes.

Lastly, I do hereby nominate and appoint Wm. R. Rogers as my Executor.

                                                                                                            her

                                                                                                Elizabeth X Rogers

                                                                                                            mark

Signed, sealed and published in my presence and I have subscribed my name hereto in the presence of the testators.  This 7" day of April 1902.

Attest               J. B. Tipton

                        I. R. Patty

Admitted to probate 2/24/05.                                                   John Chandler, Clerk.

121

WILL OF T. A. HICKMAN

June 21st 1899

State of Tenn.   )

Sevier County   )           Know all men whom it may concern that I, T. A. Hickman have this day decided to dispose of my Personal property or fix to dispose of it at my death.  At my death I want J. A. Hickman to have the sum of One dollar and J. H. Hickman to have the sum of one dollar and W. E. Hickman to have the sum of one dollar and Mary Hickman and Ira N. Hickman I want them to have the remainder of my personal property in full.  This is to show how I wanted to dispose of my Personal property and personal property only.  The land all being Deeded I am in tolerable good health and I am at my proper mind as much so as ever in my life.  The above is my desire.

                                                                                                            his

                                                                                                J. A.   X   Hickman

                                                                                                            mark

I had forgotten I want Nora & Adra to have one bed each.

Signed in the presence of          J. W. Underwood

                                                E. E. Huffaker

My will is for H. G. Underwood to see that this is carried out right & the remainder not be run over that is left behind when I am gone.

Admitted to probate Mch. 10, 1905.

                                                                                                John Chandler, Clk.


WILL OF W. P. MCMAHAN

122

I, W. P. McMahan of Sevier Co., Tenn., do hereby make and publish this my last will and testament, revoking and annulling any and all other wills and testaments by me at any time made.

I.  To my beloved wife, I give the following articles of personal property to wit:  all the household and kitchen furniture with books, pictures, and musical instruments and all household articles also all the wearing appearel, all the bacon, lard, fruits and vegetables on hands kept for family consumption, also all farm and other tools, machines and machinery: one wagon, of her choice, all gears - gearing and harness: Two choice mules: and Two choice cows and calves: also all the stock on hands (not specifically devised or bequeathed) with the understanding that she will keep what she needs and dispose of the rest and apply to my debts: I also give to her all the hay, grain & produce on hands she to keep what she needs and dispose of the rest and apply same as above directed.

123

II.  I give and devise to my said wife my whole home farm whereon I now reside including all the land in this body, for and during her natural life for the use and support of herself and family in case she should die before our children come of age or marry, it is my will that the children be kept together as a family untill all shall become age or married.  And the said home farm shall be kept and used as a home, support and maintainance for them until said time shall arrive but in case the rents may exceed the demands of their support and maintainance any surplus arising shall be equally divided among my children or their representatives.  Upon the decease of my said wife and arrival of children of age or their marriage, my said home farm will be divided equally

WILL OF W. P. MCMAHAN, CONTINUED.

among all my children their issue or decendants of ones that may be deceased to take their parts, shares by representative.

It is my will and desire that should any of my children wish to sell their interests in my said home farm, they sell to the others giving the others the preference always in any sale.

124

III.  I devise to my son Mack my lower farm in Sevier County Tenn. on French Broad and its waters including apart of the Buckingham Island, including all the land in that body.  I charge him in favor of my estate with Seven Thousand Dollars payable in one year after my decease, with interest from said date.  I have heretofore advanced to him Five hundred dollars: It is my will that he shall not be required to pay same to my estate or account for it except by assisting to wind up the business of my estate which he is to do free of charge and this shall also include such assistance and advice as his mother may need in the management of the business.

IV.  It is my will that my son Victor shall have Three Thousand dollars, which shall be raised by renting my Jefferson Co. Tenn. lands (herein after disposed of) of said sum, I desire that $1000.00 be spent in his education provided he will go to school and receive it.  The remainder of said sum (including what may not be spent of the $1000.00 in his education), I desire laid out in the purchase of a tract of land or good real estate for him.  The title to same to be taken to him for life with remainder to his heirs.  It is further my will that said son victor shall assist by his labor and work in making and raising said amount of money.

V.  My lands in Jefferson Co. Tenn. known as the Fain Farm, including the Fain Island and some small islands near same and uplands being all my lands in that body.  I will

WILL OF W. P. MCMAHAN, CONTINUED.

125

shall be equally divided among my remaining children (excepting Mack & Victor).  The shares of Benton, Nancy and Jim will be laid off adjoining, to include the lower end of big Island, and two small Islands nearly and their uplands will also be laid off so as to make same convenient to their island lands.  Benton's share will include lower end of island.  In making the division, such road and rights of way as may be necessary will be granted and given.  Those whose parts of Islands shall not include the high-lands thereof may have a place assigned whereon to put up their produce and all may use the prescut building in common: These arrangements to last until the owners of others shares shall have time and opportunity to make suitable storage buildings on their own shares.  Should some of my children want to sell they may have their shares set apart in common or adjoining if they so desire.  It is my will that whenever any of them may wish to sell, he or she shall give the preference to some other or others of the children to purchase his or her share.

The division of my said Fain lands will be made by judge G. Mc Henderson, R. Swann and J. B. Brabson (with power in my adult children and wife or a majority of them to appoint a suitable person to act instead of any one of them who cannot act).  These gentlemen will make the division showing same by proper survey and map, and will give each child a deed or certificate indicating his share.  They will also show the rights of way or other easements or encumbrance on the several shares.

VI.  The rest and residue of my personal estate with charges against my children will constitute a fund out of which my debts will be paid should any surplus exist it will go to my wife.  Should the same not be sufficient to pay my debts and expenses of

WILL OF W. P. MCMAHAN, CONTINUED.

Administration, I direct that the balance be raised by renting my land except the Home Farm aforesaid.

VII.  I charge my children Grant & Maude (now Henderson) Each with $500.00 heretofore advanced to them to be paid to my estate or accounted for by them severally as advancement.

126

VIII.  I give to Jim boy colt named Jim - and if my black mare's colt (to be foaled this Season) shall live Nancy have it.

VIII.  I appoint as Executors of this will my wife and my son Mack.  In witness whereof the Testator, has signed his name hereto in the presence of the witnesses and they have signed same in his presence and the presence of each other this Mch. 7, 1905.

                                                                                                W. P. McMahan

Attest   W. B. McMahan

Attest   R. P. Clark

Codicil of Will of W. P. McMahan made March 7, 1905

            I, W.P. McMahan do make and publish this as a codicil to my last will and testament, that is to say, having therein provided how I desire my property disposed of, I here declare it to be my will that if any of those who shall take under my said will shall seek to avoid same by contesting it or otherwise by any sort of Legal proceedings such one shall have no part in or of my estate, and the portion he or she would take under my will shall go to the other devises and Legalies.

            Signed and published in the presence of the attesting witnesses who sign same in the presence of testator and of each other.  This March 9, 1905.

WILL OF W. P. MCMAHAN, CONTINUED

Codicil to will of W. P. McMahan, Made March 7, 1905.

127

            I, W.P. McMahan do make and publish this as a codicil to my last will and testament.

I.  Should any one who takes anything under said will, seek by legal proceedings by way of Contest or otherwise to avoid said will he or she shall have no part of my estate but his or her share or portion will go to the others of my children or their issue (in case any are deceased).

II.  It is my will that Victor shall stay at home and be industrious, quiet and orderly, except when in school, and if he fails to do so, but gives trouble to the family or any of them he shall have a home away from them so that he cannot trouble or annoy them.

                                                                                                            his

                                                                                                W. P.  X  McMahan

                                                                                                            mark

Signed and published in presence of the undersigned witnesses who sign in the presence of Testator and of each other on this the 9" day of March 1905.

                                                                                                M. B. McMahan

                                                                                                P. E. Walker

                                                                                                R. P. Clark

Admitted to probate April 8, 1905.

                                                                                                John Chandler, Clerk


WILL OF ANDREW HENDERSON

129

I, Andrew Henderson of the State of Tenn., County of Sevier, being of sound mind and memory do make this my last will and testament.

I.  I want my just debts paid and all my live stock sold on a credit of six months time, with interest from date with approved security, and all my farming tools on same terms as my stock.  Also my out lands towit:  1/3 interest of one Hundred acres known as the Scruggs farm.  One twelfth interest in Eighty acres lying on the little mountain also one-twelfth interest in one hundred & thirty four acres on the waters of Caney Creek all lying and being in the County of Sevier and State of Tenn.  Also Fifty acres out of my part of Knob Farm, this is to be the cleared land and the remainder of my interest in said Farm to be equally divided between my three boys towit:  William Richardson, Roy A.J. and Thomas G.C. Henderson.

130

Second.  I give and bequeath to my wife Elizabeth all of the property that she brought when married and all she has made since she has been my wife and that my three sons towit: William R., Roy A.J., Thomas G.C. Henderson to pay to my said wife Elizabeth, Twenty Dollars each, every year, during her natural life and then to stop, as she has no children and at the expiration of Two years after my death my sons William R., Roy A.J. Henderson, is to pay my said wife Elizabeth Fifty dollars other than their yearly installments.  Also she is to have a home as long as she will stay and keep house for my boys.

Third.  I also bequeath to my son Thomas G.C. Henderson all of my home farm lying east of the public road containing about forty-five acres.  I bequeath this to him his natural life-time and at his death to his heirs and if no heirs to go to W.R. and R.A.J. Henderson.

WILL OF ANDREW HENDERSON, CONTINUED.

Fourth.  I bequeath to my two eldest sons William R. and Roy A.J., the remainder of my home farm to be equally divided between them from the public road to French Broad River, and that if either wants to sell out, he should sell to the other if the other wished to purchase and that these two boys William R. & Roy A.J. pay into my estate Three Hundred dollars and when my estate is all closed up if there by any money left it to be equally divided between my three sons.

            I hereby appoint my sons William R. and Roy A.J. as my Executors of this my last will and testament revoking all former will by me made in witness whereof I have hereunto authorized my name and affixed my seal.  The 30 day of March 1904.

                                                                                                Andrew Henderson

131

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

                                                                                                Eli. H. Roberts

                                                                                                J. W. Dudley

Admitted to probate May 17, 1905.

                                                                                                John Chandler, Clerk.


WILL OF N. W. EMERT

132

I, N.W. Emert of Pigeon Forge, Sevier County, Tenn. being of sound mind and memory do make this my last will and testament in manner and form following, that is to say:

            I give devise and bequeath to my beloved wife Emily Emert in lew of her dower if she should so elect the plantation on which we now reside including what land I possess on the south west side of the west fork of Pigeon River from the R.C. Robertson up the river to Archey Claboughs land including all land to the dividing ridge between the waters of what is known as Caney Creek and the Rush and Brasher branches to the line of Jesse Shields and J. A. Emert during her natural life except the rush hollow land.  And all the live stock by me owned and kept there on and also all the house hold furniture and all other items not particularly named and otherwise disposed of in this my last will during her said life.

            I have heretofore given to my children Sarah Trotter, Martha Davis, W.B. Emert, J.A. Emert, Molly Robertson, Louisa Tate, and Adda Giffen $6500.00 dollars which has been divided as follows:

To Sarah Trotter 900.00 dollars.

To Martha Davis 1000.00 dollars.

133

To W. B. Emert 700.00 dollars.

To J.A. Emert 1500.00 dollars.

To Molly Robertson 1200.00 dollars.

To Louisa Tate 600.00 dollars.

To Adda Griffin 600.00 dollars.

WILL OF N.W. EMERT, CONTINUED.

            Now my desire and will is that each of my seven children share alike in my estate therefore, I will that the executor of this my last will takes charge of what money I may have on hands at my death and collect all debts due at said time and sell all lands that I possess not devised in this will (to the highest bidder) and of the proceeds of sale's of land and collections and cash.  First pay all my just debts, second to make a deposit of a sufficient amount in some safe, Bank or loan good parties to pay the tax on the farm devised to my wife by this will during her life and of the remainder to pay to those of my children who has received the least amount of my estate to make them as near equal as the amount will.

            I give and devise to my oldest daughter Sarah Trotter and my oldest son W.B. Emert at the death of my wife the land above described and devised to her.

134

            To Sarah Trotter the portion from a cross fence that runs from the road at the river to a chestnut on side of ridge.  Thence up the Point of said ridge South an angle of 45 degrees from the line above mentioned to J.A. Emert's line Thence with J.A. Emerts line to a ridge north east of what is known as the Spring place.  Thence up said ridge to the top of the Indian Knob.  Thence with the top of said Knob to the line of Archey Clabough.  Thence with said Clabough's line to the middle of the river to the beginning by Sarah Trotter paying to the executor of this will the sum of Thirteen hundred (1300) dollars and to W.B. Emert the remainder of said farm the mill site included by said W.B. Emert paying to the executor of this will the sum of Thirty seven hundred dollars.  And I will that at the death of my wife that the executor of this will sell all personal property that may remain of what has been bequeathed to my wife to the highest bidder and of the

WILL OF N. W. EMERT, CONTINUED.

135

proceeds of said sale and the amount received of Sarah Trotter and W.B. Emert for said lands devised to them to pay first all just debts against my estate.  Second pay to those of my children who has not received as much of my estate as other the amount necessary to make them all equal and of the remainder, if there be any, to equally divide it between my seven children.  In case Sarah Trotter or W.B. Emert should fail to pay my executor the amount above mentioned for said land he shall sell said land to the highest bidder and appropriate the proceeds of said sale as above mentioned.

And last, I hereby constitute son W.B. Emert Executor of this my last will and testament in witness whereof I hereunto set my hand and seal this 10th day of Sept. 1900.

                                                                                                N. W. Emert

Signed and declared by the above named N. W. Emert as his last will and testament in presence of us who at his request has signed as witnesses of the same.

                                                                                                H. J. Drinnen

                                                                                                R. R. Trotter

Admitted to probate 5 day June 1905.

                                                                                                John Chandler, Clerk


WILL OF SUSAN MOUNT

136

I, Susan Mount of the State of Tennessee and County of Sevier declare this to be my last will and testament.

1st.  I give and devise all my real estate to Elizabeth Jane Williams, her heirs for ever to have and hold the same unto the said Elizabeth Jane Williams her heirs and assigns for ever.

And last I hereby I constitute and appoint the aforesaid Elizabeth Jane Williams my executor of this my last will and testament revoking and annuling all former wills by me made and ratifying and confirming this and no other to be my last will and testament.

Signed published and declared by the above named Susan Mount as her last will and testament in the presence of us who at her request have signed as witnesses of the same this the 18th day of April 1904.

Witnessed by                                                                                        her

                                                                                                Susan  X  Mount

A. B. Hartsell                                                                                       mark

Thomas Denton

Admitted to probate 26th September 1905.

                                                                                                John Chandler, Clerk


WILL OF JOHN HENRY

137

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

First:  I direct that all my just debts and funeral expenses be paid as soon as convenient after my death out of any funds or property I may leave.

Second:  I want my wife Elizabeth Henry to have Five Hundred dollars in money out of my property real or personal.  I also want her to have one cow and calf to be selected by her out of three.  I also want my wife to have a years support out of my property.

Third:  My daughter Martha Johnson has already received in land out of my estate three Hundred dollars.

Fourth:  My daughter Eliza Henry has also received in land out of my estate Three Hundred dollars.

Fifth:  My daughter Margaret Clark has received in land out of my estate Three hundred dollars.

138

Sixth:  My daughter Anna Clark has received out of my estate in land the sum of Eight Hundred dollars.

            These sums I want charged up to my said respective daughters as has been received by them.  I do not desire that any notice shall be taken or any charge made against any of my children for any property or money of any kind that they or either of them may have received out of my estate or from me except the items of land above mentioned herein by me.

Seventh:  My daughter Della Ball has not received any land out of my estate and I will her Three hundred dollars in cash to be paid out of my estate or its proceeds real or

WILL OF JOHN HENRY, CONTINUED.

personal to make her equal with my three daughters herein above mentioned to wit: Martha Johnson, Eliza Henry and Margaret Clark.

139

Eighth:  After my said daughter Della Ball shall have received said Three hundred dollars, I then direct that the balance of my estate of whatsoever kind be divided equally among my four daughter to wit:  Martha Johnson, Eliza Henry, Margaret Clark and Della Ball till they each shall have received out of my estate Five hundred dollars which added to the three hundred which they have already received in land will make them equal with my said daughter Annie Clark.

Ninth:  If any thing shall then remain undistributed or divided of my estate, I direct that it shall be equally divided among my said five daughters above named after making them equal as above directed.

Tenth:  I direct that all my property of whatsoever kind real personal or mixed shall be sold by my executor herein after named except the property especially willed herein to my wife.

My land I desire sold one third cash one third in six months and one third in twelve months from sale with notes bearing interest from date and approved personal security and a lein retained on the land to secure the payments of purchase money.  I hereby direct and impower my said executor herein after named to make execute and deliver to the purchaser proper deed.

                                                                                                John Henry

Witnesses

A. M. Paine                  )

WILL OF JOHN HENRY, CONTINUED.

A. J. Marshall               )

140

J. M. McMahan           )

Conveying title in fee to my said land when sold.

Eleventh:  I hereby nominate and appoint my friend Isaac Ogle as my executor with full power and authority to execute and carry into effect this my last will.  This will is written on two sheets both of which are signed by me.

Twelfth:  I want my wife Elizabeth Henry to have all her clothing and bedding also two heifers claimed by her.  This Aug. 31, 1905.

                                                                                                John Henry

Signed and executed in our presents and we signed as witnesses at the request of the testator and in his presents and in the presents of each other.  There being two sheets.

This Aug. 31st 1905.

                                                                                                A. M. Paine

                                                                                                A. J. Marshall

                                                                                                J. M. McMahan

Admitted to probate in open court Oct. 12th 1905.

                                                                                                John Chandler, Clerk


WILL OF GEO. W. NORTON