Will of John Cessna Gillespie

1816-1873

            I, John C. Gillespie of the City of Chattanooga Hamilton County being of sound mind and disposing memory hereby revoke and cancel all former wills and codicils thereto heretofore made by me and do hereby make and publish this my last will and testament.

1st        I will that all my funeral expenses and just debts be paid.

2nd       It is my will that my executrix hereinafter named collect all my debts and effects due me and the proceeds arising therefrom be by her so far as necessary applied to the payment of my debts.

3rd        It is my will that my executrix hereinafter named sell my farm in Hamilton County known as the Rogers Place and apply the proceeds if necessary to the payment of my debts, and if not to the support of the family.

4th        It is my will that my farm in Rhea County Tennessee known as a part of the Uchee Old Fields be kept rented out by my Executrix until my youngest child arrives at the age of twenty one years or if a female marries previous to that time.  And the proceeds arising therefrom so far as necessary for that purpose be applied by said Executrix first to the education of my younger children and the remainder if more than sufficient for that purpose will be applied to the support of the family.

5th        It is further my will that my said Executrix hereinafter named take charge of all my other real and personal estate wherever the same may be situated or found and rent, lease, or sell the same as she may in her judgement deem best for the interest herself and my children.  And the proceeds arising from the rent or sale of same will be by her invested as she thinks most to the interest of my children and herself, but she will not sell the farm above mentioned under item fourth in Rhea County, but all the other lands belonging to me she will have the full control and management of and may and has full power to lease, sell, convey or give such portion to any one of my children as she may deem right and proper so that all my children are made equal in the final division of my property hereinafter mention.

6th        It is my will on the arrival of my youngest child to the age of twenty one years or previous marriage if a female that all my property of every character be equally divided between my children and my beloved wife Margaret J. Gillespie share and share alike she taking a childs part, and should my executrix prior to the final division give off any of my estate to any one of my children then in this final division they will only receive so much as makes them equal with the rest including the amounts previously received by them

7th        I will and bequeath to my beloved wife Margaret J. the gold watch she now wears and all the household and kitchen furniture owned by me.

8th        It is my will that in the event my wife Margaret J. should marry again that her trust and powers as executrix under this will cease and this will carried out by someone else.

9th        I hereby nominate and appoint my beloved wife Margaret J. Gillespie sole executrix of this my will. and guardian of my minor children in whom I have the utmost confidence and she will not be required to give bond and security as such executrix or guardian the same being hereby expressly waived.

 

            Witness my hand and seal in the presence of J. L. Gillespie and M. H. Clift who were by me specially called to bear witness to the fact of my making, signing, and publishing this my last will and testament this the 5th day of July 1873

 

Witness     J. L. Gillespie                                             J. C. Gillespie     (seal)

                 M. H. Clift

 

Probated 4th August 1873  J. H. Hardin Clerk

 

Submitted by Frank Powell
fppowell@bellsouth.net