Last Will and Testament of 
J. W. Clift

 

I, J. W. Clift, of Soddy, Hamilton County, Tennessee, while physically in feeble health, yet of sound mind and disposing memory, do hereby make and publish this my last will and testament.

 

First:  I will and direct that all just debts, if any, I owe at my death be paid out of any moneys on hand at my death, or out of the first moneys coming into the hands of my executor hereinafter named, belonging to my estate, including funeral expenses.

 

Second:  I will and bequeath to my beloved children, Mrs. N. E. Miles, William Clift, Wallace Clift, Joseph W. Clift and Mrs. E. Aldine Newberry all my property belonging to me at my death, both real and personal or mixed wherever situated.  The real estate belonging to me is situated in Hamilton County, Tennessee and Rhea County, Tennessee.  That in Hamilton County, except my life estate in certain properties, the remainder interest in which has heretofore been conveyed by deeds to my children, consists of an undivided interest in some remnants of what is known as the twenty thousand acre survey, and in land bougth from Jones's heirs.  That in Rhea County is covered by grant No. 40669 from the State of Tennessee to William Clift, who by deed of date September 6th, 1883 conveyed the lands embraced in said grant No. 40669 to myself and three brothers, R. B., M. H., and J. J. Clift, which grant and deed are registered in the Register's office in Rhea County, Tennessee.  Also my interest in what is known as George Shuster Grant No. 19002 for three hundred acres.  The lands in this latter grant are embraced in grant No. 40669.  Also an interest in the various tracts of lands or the proceeds that may arise from the sale thereof, in said Rhea County, the title to which or the mineral rights therein is in M. H. Clift, Trustee, as shown by sundry deeds conveying the same to M. H. Clift, Trustee, by which he is given full power and authority to sell and convey the said lands, or mineral rights, or interests therein.  My interest in said lands or mineral rights, the title to which is in M. H. Clift, Trustee, or rather in the proceeds arising from the sale thereof, being one-fourth of three-fifths of the same, or the proceeds arising from the same.

 

Also all my bonds consisting of about Four Thousand ($4000.00) Dollars of bonds of the New Soddy Coal Company and deposited in the Citizens Bank and Trust Company at Chattanooga.  Also all my stock in the Evansville Coal Company, a corporation with it chief office in Soddy, Tennessee, property citus near Evansville, Tenn.

 

Third:  It is my will and I direct my executor hereinafter named to, in distributing said property or the proceeds arising therefrom that my son William be charged with one Thousand ($1000.00) Dollars more than the other devisees heretofore advanced him more than to the other devisees in order to equalize all in the final distribution of my estate, and he will receive nothing until the others have been equalized with him in the final distribution.

 

Fourth:  It is my will and I direct that in the distribution of my estate by my executor, that my son Wallace shall not be charged with any money heretofore furnished him by me, as it is my will that the same be set off against the time and services rendered by him in looking after and caring for this beloved mother during her long sickness and helpless condition.

 

Fifth:  I hereby nominate and appoint by beloved son, Joseph W. Clift, sole executor of this my last will and testament, hereby conveying setting over and vesting in him the absolute title in and to all property, real or personal, or mixed, which I may own at my death, with full power and authority to sell and convey the same by deed or otherwise, as may be deemed necessary and proper by my said executor as fully as I could do if I were living and doing the same in person.  And having the utmost confidence in him, and that he will carry out faithfully and honestly, the provisions of this my last will and testament to the best of his ability.  He will not be required to give bond as such executor, the same being hereby expressly waived.

 

Signed by me by Mrs. N. E. Miles, who signs my name hereto by special authority aand direction, and which is acknowledged as my signature in the presence of T. H. Newberry and C. W. Abel who are especially called by me to witness this my will, and who sign the same as witnesses in my presence, and in the presence of each other.

 

This the 19th day of November, 1907

                                                            J. W. Clift  ( his x)

                                                            By N. E. Miles

 

We, T. H. Newberry and C. W. Abel, having been especially requested by J. W. Clift, the maker of the foregoing will to witness his signature add execution thereof, hereto sign the same as witnesses in his presence, and in the presence of each other, and in the presence of N. E. Miles who was in our presorce authroized to sign the name of J. W. Clift, the maker of said will thereto, as his act and deed and will, he then acknowledging the said signature by N. E. Miles as his, and for the purposes of executing his said will, he being by affliction in his right hand unable to sign his name thereto himself.

 

This the 19th day of November, 1907

                                                            T. H. Newberry

                                                            C. W. Abel

 

Filed April 6, 1910

Pro. Rec. #13/742

 

Hamilton County, TN
Will Book 3, pg 648 and 9

 

  Submitted by Donna Barnes
donnab@prodigy.net