Will of Kate H. Martin
Probated 1921

Transcribed and submitted by Gary P. Martin
jgmartin@mindspring.com

 

        

I, Kate H. Martin (widow), of the City of Chattanooga, State of Tennessee, 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, hereby expressly revoking any and all Wills by me at any time here to fore made.

ITEM I

          I nominate and appoint my son, John S. Martin, and my nephew, William A. Martin and my daughter, Rosa Kirkpatrick Martin, to be Executors and Executrix of this my last Will and Testament, and direct that they be excused from making the bond required by law.

ITEM II

            I desire that my son John s. Martin and my daughter Rosa Kirkpatrick Martin shall have the possession of my home on East Eighth Street, or the rentals derived there from, for one year after my decease, without charge.

ITEM III

            I give and bequeath unto my son John S. Martin and my Daughter Rosa Kirkpatrick Martin my automobile and all furniture and household goods contained in my home on East Eighth Street.

ITEM IV

          I give and bequeath unto my daughter Rosa Kirkpatrick Martin, in trust for my niece, Nancy Kirkpatrick, the sum of One Thousand ($1000.00) Dollars, to be held by my said daughter in trust for the use and benefit of my said niece , Nancy Kirkpatrick.  My said trustee will use said fund for the education my said niece, in a manner that will enable her to be self-supporting, and my said trustee is authorized to expend all or any part of this bequest for such education, and if any portion of it remains in her hands when my said niece arrives at the age of twenty-one years my said trustee may continue to hold the in trust for the benefit of my said niece, or she may, at her discretion, pay it over to mysaid niece at any time after attains her majority.

          I desire that my said trustee be excused from making the bond and oath required by law in connection with this trust.

ITEM V

          Subject to the foregoing devises and bequests, I give, devise nad bequeath all property, of every description, real, personal and mixed , of which I may be possessed or to which I may be entitled at the time of my decease, to my dear children:  May Lou Kirkland, John S. Martin, Katherine Dart, Florence Hamrick and Rosa Kirkpatrick Martin, equality.

          In case any of my children shall die before my decease, I desire that the children of said deceased child or children shall stand in the shoes of the deceased parents.

          In case any of my children shall die before my decease, leaving no descendants, I desire that my remaining living children shall take equally the portion here in devised to such deceased children.

ITEM VI

          At any time within three years after my decease, my Executors here in before named are fully authorized and empowered, at their discretion, to sell and convey any or all of my real estate.  Said sales to be made at such prices and upon such terms as may be in the judgment of said Executors for the best interest of my estate, and the proceeds of such sales of real estate as well as the proceeds of any personal property sold by my Executors shall be distributed as here in before directed.

          Subject to the power of sale herein conferred upon my Executors, my real estate shall be held by the devisees herein designate as tenants in common.

IN TESTIMONY WHEREOF WITNESS my hand this 26th day of October, 1916.

                                                                                Kate H. Martin

          Signed by the Testatrix as her last Will and Testament in our presence_ and we attest at her request in her presence and in the presence of each other, this 26th day of October, 1916.

                                                            Una S. Hammond

                                                            Dana L. Milligan

                                                            J.B. Milligan

Filed October 21, 1921.

Probate Record 22-272.