Last Will and Testament of Mrs. S. M. Bower
I, S. M. Bower of the county of James and State of Tennessee Being of sound and disposing mind and memory do make publish and declare this to be my last will and testament hereby revoking all former wills by me at any time made. As to all of my personal property of which I Shall die Seized and possessed or to which I Shall be entitled at the time of my decease. I desire bequeath and dispose thereof in the manner following to wit. My will is that all my Just debts and funeral expenses shall by my Executor herein after name be paid out of my estate so soon after my decease as shall by him be found convent. I give desire and bequeath to my daughter Mattie Bower all my personal and Kitchen furniture. Also, all of my livestock and my automobile and all money and notes and all other personal property that I shall be entitled to at the time of my decease and lastly, I do nominate and appoint my Son James Bower to be the executor of this my last will and testament. And do authorize him to Execute this will without entering into bond as required by law and desire that the court do not require said Executor to enter into bond. In witness whereof I the said S. M. Bower have to this my last Will and testament Subscribed my name this the 14th day of February 1916.
Her mark X S. M. Bower
Witnesses: J. M. Gass Witness: A.B. Brown
Subscribed published and declared by the said S. M. Bower as and for her for her last will and testament in the presence of us who at her request and in the presence and in the presence of each other have subscribed our names as witnesses.
Witnesses: J. M. Gas - Birchwood, Tenn
A. B. Brown - Birchwood, Tenn
State of Tennessee James County
I Jno. A. Hall County Clerk in and the county and State afore said do certify that the above one page of the foregoing Will of S. M. Bower is a true and true copy of the original will as it appears in Will Book No. 1 Pages 32 & 33.
Witness my hand at office in Ooltewah on the 7th day of May 1917.
Jno. A. Hall
County Court Clerk
Last Will and Testament of J. M. Brohard
I, J. M. Brohard do make and public this as my last will and testament hereby revoking and making void all others by me heretofore mad [sic].
First: I desire that my funeral expenses and my debts be paid as soon as possible out of any money that I may die possessed of or may first come into the hands of my Executor:
Secondly- I give bequeath to my daughter Bonnie Brohard Rhinehart my cook Stove.
Thirdly. I give and bequeath to my daughter Ida Brohard Lee my Sewing Machine.
Fourthly- I give and bequeath to my daughter Bessie Brohard Edge my best feather bed.
Fifthly- I give and bequeath to my daughter Nellie Brohard Murphy all the Rugs and choice of Hall tree or Center table.
Sixthly- I give and bequeath to my Son Leo Brohard the sum of Twenty-five Dollars in cash.
Seventhly-. I give and bequeath to my Daughter Mayme Brohard the sum of Twenty-five dollars in cash.
Eighthly- I give and bequeath to my Daughter Fern Brohard the complete Bed in the little Room.
Ninthly- I give and bequeath to my daughter Fay Brohard the complete Bed in the sitting Room.
Tenthly- I give and bequeath that to my Three Daughters Mayme, Fern and Fay have the Piano [sic] Jointly that is to share and share a like equally with privilege of either one of the three buying the interest of the other two.
Eleventhly- I will that the remainder of the bedding, Bed clothes pictures and other little things be equally divided among all the children.
Twelfthly [sic]: It is my will that all the remaining personal property and all the Real Estate be sold and equally divided among all my children after all expenses incidental to said Sale has been paid.
Lastly- I do hereby nominate and appoint Henry O. Rhinehart my Executor.
In witness where of I do to this my will set my hand this First day March one thousand nine hundred and nineteen.
J. M. Brohard
Signed and subscribed in our presence and we have subscribed our names hereto in presence of the testator. This the first day of March one Thousand nine hundred and nineteen.
R. H. Withoit [seal] J.W. Hudgins [seal]
James County Tennessee Will Book Page 120
Last Will and Testament of Allen Carr 1904
I, Allen Carr, being in good spirits and sound mind, and knowing that I may be called off one of these days, do hereby make my last will and testament.
I bequeath all I own in my own name; in the farm I have near Sherman Heights to my beloved wife Georgia Carr. On the little farm I own I owe about, at the present time Ninety-Six ($96.00) dollars which amount is secured by a mortgage given on said farm. This amount will have to be paid off providing it should not have been paid before my death.
I leave my personal estate, comprising of all tools, household goods, horse buggy and wagon to my wife, Georgia Carr.
To my children, namely Berry Carr, Mary Carr, Ida Carr and Lena Carr, which children have never treated me right and kindly, I desire that my wife give them each One ($1.00) dollar.
I have further a one-half undivided interest in One and three quarters (11/3) acres owned jointly by my brother James Lee Carr and myself, and situated south of Edgewood , Ga between Decatur and Atlanta Ga , and any proceeds which may be realized from said property, I likewise bequeath to my wife, Georgia Carr.
This is the one and only will I have ever made up to the present time. Witness my hand this 15th day of November, 1904.
his mark X Allen Carr
Witnesses Ida Smith, Ernestine Noa
Subscribed and sworn before me this 15th day of Novbr 1904. Ismar Noa, Notary Public
Hamilton County Tennessee Will Book 3, Page 463.
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 bought 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 me 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
his x J. W. Clift
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 authorized 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
Last Will and Testament of Elizabeth Ann (Poe) Condry 1877
Submitted by Carolyn Condray-Merritt Carol24343@aol.com
Will of Mrs. Elizabeth Ann Condry.
This my last Will and Testament of Elizabeth Ann Condry.
I Elizabeth Ann Condry being in feeble health but of a Sound and disposing mind do make and publish this my last Will and Testament as follows, to wit:
1st I will that all my just debts be paid.
2nd I give grant and devise to George Condry (Colored) a boy that is now living with me one black cow and calf, one sow.
3rd I give, grant and devise to my beloved Nephew Azariah Poe all of my personal property consisting of Horses, Cattle, Sheep, hogs, chickens, wheat, corn, rye and oats and all of my household and Kitchen furniture.
4th I hereby appoint W C Champion, Executor of this my last Will and Testament with full powers to carry out the provisions there of
I hereby revoke all former wills.
In testimony whereof I hereby sign this my last will in the presence of the subscribing witnesses, who witness the same at my request and in my presence.
Attest July 21st 1877 Elizabeth Ann Condry
We the subscribing witnesses to the foregoing Will certify that we saw the testator sign the foregoing will and that we witnessed the same in the presence at her request. July 21st 1877
G. M Walker
E. F. Bell
Filed April 19th 1878
Note from Submitter: Elizabeth Ann Poe was the wife of Sterling Condry.
Last Will and Testament of B. F. Davis
Transcribed and submitted by Donna Barnes donnab@prodigy.net
Last Will of B. F. Davis
State of Tennessee Hamilton Co.
Know all men by these presents now made while I am in my right mind, as my last Will and Testament, that I wish Policy No. 62 of Presbyterian Mutual Assurance Fund of Louisville Kentucky changed as to the heirs of Bessie R. Allison and that the amount of same be paid direct to Bessie R. Allison herself for loved and affection. I make this change in my will, that the amount of said Policy may be paid to Bessie R. Allison without any litagation in the courts, or any guardian or administrator being appointed. This Will revokes all other Wills concerning said Policy.
This 9th day of April 1886 B. F. Davis
Attest
J. M. Hale
J. M. Croskey
Hamilton Co., TN Will Book 1, pg 246
Last Will and Testament of James Davis
Copy of last Will and Testament of James Davis Dec'd
I, James Davis Make this my last will and testament being in sound mind I hereby dispose of my property as follows.
First: I hereby will to my Granddaughter Nora Brady, my grand Son John Brady 40 acres of land in 5th Civil Dist. and bought of James Russ. [Note: Braddy\Brady is spelled both ways]
Second. I hereby Will to my Daughter Savannah Smith all the land west of Harrison and Georgetown Road bought of James Allen and also 1/3 and south part of 160 acres of land bought of Swill Davis and line running East and west with line of the land bought of James Allen afore said land being all South part of my land west of said road.
Third: I hereby will to my son Harris Davis all the land bought of James Allen East of Road and also all the land bought of Jim Elder only being the line with Jim Elder and leaving Barn on north side of the Bob Elder land and with its wire fence to Jim Smith line also 1/3 of 160 acres bought of Swill Davis line running East and West.
Fourth: I hereby will to my sons Warner Davis and Owen Davis all the land bought of Bob Elder only as afore said including all the building in which we were and including bam and Joining Harve Davis line and running to Jim Smith line and also 1/3 of 160 acres bought of Swill Davis and line running
East and west and all of my household and kitchen furniture Farming tools and one mule each and all cattle and hogs I may have on hand at my death.
Fifth: I hereby will to My daughter Dallis Dugan and Gwen Biggs all the land bought of Thomas Davis.
Sixth. I hereby bequeath to my sons Harvy Davis, Warner Davis and Owen Davis all the ridge land not included in the above.
Seventh: I hereby appoint Harvey Davis, Guardian for the minors Warner and Owen Davis, without bond
Eight: I request all the moneys I may have on hand at my Death to my sons Harvey Davis, Warner Davis, and Owen Davis, and require them to pay all my Debts that I may owe at my death and to pay my funeral expenses.
Ninth: I hereby appoint Harvey Davis Executor of this my last will and testament without bond
Tenth: If any of the heirs that I have signed their notes as security fail to pay same and my estate have same to pay the amount shall be taken out of their of the estate All the bequeaths are according to my wish.
Attest - This July 26th 1910
his mark X James Davis
James M. Lewis
G.R. Lewis
State of Tenn}
James County}
I, S. L. Lovell County Court Clerk of said county certify that the foregoing is a true and correct copy of the will of James Davis dec'd as the same appears of record in the County Clerk Office of said County. Witness my Signature and official Seal on the 4th day of Oct 1911.
S. L. Lovell
County Court Clerk
James County Will Book Page 34
Last Will and Testament of James E. Davis
I, James E. Davis do make and publish this my last will and testament.
First, I hereby appoint Dr. W. R. McKee of Whitewell Tennessee my Executor and it is my request that he qualify without giving bond.
Second, I desire my Executor to pay out of my effects the following debts - one note in favor of Paul Bradley, Two Hundred and forty odd Dollars, dated February 1st, 1895. Another note in favor of Paul Bradley for one hundred and thirty and 70/100 dollars, dated April 10th, 1895. Also, another in favor of Paul Bradley for Sixty-Six and 45/100 dollars dated April 1st, 1895. A note to my said Executor for One Hundred dollars dated March the 1st 1898. I also desire my expenses incurred in my last sickness paid in full.
Third The above debts are to be paid out of my insurance policy of Two thousand dollars now in the hands of Merchants and Planters National Bank of Sherman Texas held by Paul Bradley to secure the payment of the three notes above described.
Third The remainder of said Insurance fund I want invested by my said Executor as he thinks best, and the interest used in the education and support of my son Roy Clark Davis.
Fourth I desire my Executor when my son Rooy Clark Davis arrives at the age of fifteen years to use the principal of the money he may have on hand in the education of my son the same to be used by my Executor in his wise discretion so that my son may have as good an education as possible.
Fifth I desire that my son Roy Clark Davis be left in the custody and care of his Grandfather R. C. McKee until he is of age.
Sixth I desire my son Roy Clark Davis to have my old, gold watch, his mother's watch and his mother's plain gold ring.
This May 4th, 1898
Jas. E. Davis
Signed sealed delivered and published in the presence of us the subscribing witnesses, and we certify that we saw the testator sign his name to the foregoing will and we have witnessed the same in his presence and the presence of each other, and at his request on the day and date above written.
R. C. McKee
Sam Hughes
Probated this May 23rd, 1898. See Probate Record page 616 Volume 10
Thos. R. Sangster
Dep. Clerk County Court
Hamilton County, TN Will Book 3, pg 98
Submitted by Donna Barnes donnab@prodigy.net
Last Will and Testament of Mrs. W. F. Davis
Chattanooga T. 1/21/1901
Dear Pa -
This is what I understand from your letter this A. M., that in case something happens to me you want to know what I wish done with things. When you are through with the farm, I would like to have the farm to fall in the hands of my husband, if he is living, if he is not living want $500. to go to Stone Church, and balance to the Methodist Colledge at Delaware Ohio. The Colt, I wish you to have, Edna to have your picture that is enlarged, and my bedroom suit, My Watch I want Will to have. If any money left after my expenses are paid, I want it to go to Will, if there is anything more you wish to know about let me know, and I also wish to be buried at Delaware. I have asked Will to write this as I cannot write it, and it is every word of my own free will, and not a word of it was dictated to me by anyone.
Your Daughter.
Mrs. W. F. Davis
Mrs. Christina Berry
C. S. Durand
Hamilton County, TN
Will Book 3, pg 203
Submitted by Donna Barnes donnab@prodigy.net
Last Will and Testament of Nathan Davis
Transcribed and submitted by Donna Barnes donnab@prodigy.net
Last Will and Testament of Nathan Davis
I, Nathan Davis, of Chattanooga, Tenn do make and publish this as my last Will and Testament, hereby revoking and making void all other Wills by me at any time made.
First: I direct that my funeral expenses and all my just debts be paid as soon as possible after my death out of any money I may have at my death, or which may first come to the hands of my Executrix.
Secondly: I give and bequeath to my beloved wife, Mary E. Davis, all my property, real, personal and mixed of any and every kind and description and wherever situated, it being my will and desire that she take and hold absolutely and free from the control of any future husband, all property of which I may die seized and possessed or to which I may be in any way entitled or to which I would have been entitles if I had lived.
Lastly: I do hereby nominate and appoint said Mary E. Davis, my Executrix with full power over my estate and to execute this my last Will and I hereby relive and release her from the execution of any bonds required by law of an executor.
In witness whereof I hereto subscribe my name and seal at Chattanooga, Tennessee.
This 15th day of May 1882
Nathan Davis {seal}
Signed, sealed and published in our presence and we have subscribed our names hereto in the presence and at the request of the Testator. This 15th day of May 1882
J. A. Caldwell
James B. Ingram
Hamilton Co., TN Will Book 1, pg 369
Last Will and Testament of Samuel L. Davis
Transcribed and Submitted by Donna Barnes donnab@prodigy.net
I, S. L. Davis, of Chattanooga, Hamilton County, Tennessee, being of sound mind and disposing memory, do make and publish this my last Will and testament, hereby revoking and making void all former Wills by me at any time made.
I. I direct that all my just debts, including funeral expenses, be paid by my executrix hereinafter named as soon after my Death as may be practicable.
II. I will, devise and bequeath unto my beloved wife, for and during her life, my farm situated in the first civil district of James County consisting of about 233 acres, and known as the "Lower William Murphy farm" with remainder to Nellie Clift, J. T. Davis, Mary Lane, Jack Davis and Lillian Lovell, my brothers and sisters; it being my intention to give said farm to my said wife for life only and after her death that it shall go to my said brothers and sisters, above named, share and share alike;
III. I give and bequeath unto Annie Vesta Watkins, the sum of One Thousand Dollars, which shall be paid to her only when the life estate of my said wife in the farm terminates. Said One Thousand Dollars, shall be paid to said Annie Vesta Watkins by my said brothers and sisters out of the farm above described and shall be a charge upon said farm, and shall be paid to said Annie Vesta Watkins before the estate remaindermen shall take possession of said farm and if they shall fail to pay said One Thousand Dollars; then I direct that said farm be sold, and that said One Thousand Dollars be paid to said Annie Vest Watkins, out of the proceeds of sale, and that the balance be divided between my five brothers and sisters above named.
lV. All the rest and residue of my estate of every Kind and description, real personal and mixed, including cash on hand or on deposit, notes, and accounts, I give and bequeath to my said wife Nannie Davis; it being my intention to make my said wife the sole residuary legatee and devisee of my estate.
V. I nominate and appoint my said wife, Nannie Davis, as sole executrix of this my last Will and testament, and direct that she be permitted to qualify as such without bond or other security.
Witness my hand this January 25, 1915
S. L. Davis
Signed by the said S L Davis as and for his last Will and testament, in the presence of us, the undersigned, who at his request and in his sight and presence, and in the presence of each other, have subscribed our names hereto as attesting Witnesses, on the day and date above written.
E. H. Mallett
Daniel D. Quinn
Filed April 28, 1915
Probate Record 16-353
From FHL microfile #1940267
Last Will and Testament of Jeremiah Fryar
Last Will and Testament of Jeremiah Fryar, Dec'd
Jeremiah Fryar of Hamilton County, Tennessee being of sound mind and memory hereby make and publish this my last will and testament hereby entirely revoking and making void any and all other will or testaments by me at any time heretofore made.
I direct that all my funeral expenses and all my past debts be paid as soon after my death as practicable out of any monies that I may die possessed of on such as may come into the hands of my executor.
Secondly, I give and devise to my three sons, James, Sevier, and William all the lands that I may own on the west side of Lookout Creek in Hamilton County, to have and hold the same as tenants in common to their and their heirs forever.
Thirdly, I give and devise to my wife Inga Fryar all my lands on the east side of Lookout Creek in Hamilton County, Tennessee, with their improvements and appurtenances to the same belonging to have the same during her natural life and at her death do will that all of said lands and appurtenances go to my four daughters to wit, Emaline Hixson, Caroline Hinyard, Rebecca Fryar and Mary Fryar to have and to hold to their heirs forever as tenants in common.
Fourthly, I give and bequeath to my son James, my black boy named Morgan, I give and bequeath to my son Sevier my black boy named Famous. I give and bequeath to my son William my black boy named Calvin and my black man named Britain.
Fifthly, I give and Bequeath to my daughter Emaline Hixson my black woman named Beck, to my daughter Caroline Hinyard my black boy named Guss. I will and bequeath to my wife Inga Fryar my two black girls Nancy and Margaret during her natural life and at her death I give and bequeath the black Nancy and her increase to my daughter Rebecca and said black girl Margaret and her increase to my Mary.
Sixthly, It is my will that my executor sell all the personal and pinchable property not heretofore bequeathed in this will to the highest bidder on an end of the month taking note and good security for the purchase money as early after my death as may be practicable. And it is further my will that the proceeds arising from the sale of my said personal property be equally divided between and among all my children of such of my children as may not at my death be living. If any of my children be dead at the time of my death or when my executor shall collect the proceeds of the above sale, then the child children of such deceased child shall take the share of the deceased party.
Seventhly, I will and bequeath to my son James as Trustee for the benefit of my younger children, to wit, Rebecca, Mary, Sevier and William, all the money which I may have on hand at the time of my death to be loaned out by said Trustee and the interest arising therefrom to be applied to the education of said children and if necessary the principal may so join as may be really necessary, but no further be applied to said purpose and upon the marriage or coming of age of any of said children, said Trustee shall pay over to them at such time the equal share of whatever of said fund may be remaining and so on until all of said children are married or arrived at full age.
Eighthly, It is my will that my executor after my death as soon as practicable collect all the money that may be due me and of the same or if a sufficient amount is not then due me, I devise that he shall offer for sale a sufficiency for the purpose, out of my money on
hand at my death and purchase a likely negro girl for which he may pay eight hundred or one Thousand Dollars which I give to my oldest daughter Nancy Monds and her heirs to her solely and separate use to marital rights of her husband. It is also my will that if there should be a surplus in the hands of my said Executor arising from the debts due me at my death after paying for said Negro girl, then such surplus us to be added to go with the fund mentioned in the Seventh Clause of this instrument. It is my will forever that unless my daughter Nancy Monds make personal application for the above-mentioned Negro girl then my executor shall hold the same for the children of the said Nancy Monds. I also in addition to said Negro girl will and bequest to my said daughter, Nancy Monds, two thousand dollars in money not to be subject to the marital rights of her husband. It is also my will that my said daughter Nancy makes application for said Nergo girl and the money if the Negro shall not have been purchased by my executor, then she shall have her choice to receive money instead of the Negro to the full amount as above bequeathed.
Ninthly, it is my will that my executor after death sell at the same time with my other personal property and on the same terms my unexpired term in the incorporated Turnpike Road known as the Kelly Turnpike and the proceeds in clause fifth of this instrument. It is also my will that all monies or other property given in the fifth, eighth and ninth clause of this will to Marital rights of her husband.
Tenthly, I hereby nominate and appoint my son James Fryar, Executor of this my last will and testament and I will that for his services as such Executor he be paid a liberal compensation out of the funds belonging to my estate.
In testimony whereof I have hereunto set my hand and seal on the 17th day of February, 1860.
his mark X Jeremiah Fryar
I Jeremiah Fryar having heretofore made and published my last will and testament do make and declare this as a codicil thereto.
To wit: First I desire that a line be drawn over across the mountain which I bought from Robert Cravens commencing at the Peake line at a point which will leave the spring on the north part of said land where I am now staying by about one hundred yards and running parallel with the line of the Ocoee District to the upper bluff of Lookout Mountain.
Secondly, I desire that the north part of said land be equally divided between my three sons, James, Sevier, and William and that the south part be equally divided between my five daughters, Nancy Monds, Emaline Hixson, Caroline Hinyard and Rebecca and Mary Fryar.
Thirdly, I further desire that all my present crop, twenty head of the best hogs I have and the Riddle Wagon and two yokes of oxen be reserved for the use and benefit of my family.
Lastly it is my desire that this codicil be attached to and constitute a part of my will to all interest and purposes.
In testimony whereof I have hereunto set my hand and seal on the 20th day of July, 1860.
Jeremiah (his X mark) Fryar
Note: Jeremiah Fryar died September 27, 1860, and is buried in Fryar Cemetery, Chattanooga, Hamilton Co., TN. He was the son of Jeremiah and Rebecca Lovelady Fryar and the husband of Ingibo Hixson.
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 child's 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 carry 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
Last Will and Testament of James Gothard 1886
Transcribed and submitted by Donna Barnes donnab@prodigy.net
Last Will of James Gothard My last will and testament this 19th April 1886 I devise and request that all of the real and personal property be divided between my heirs as follows. That is to say that I request that my daughter Mary Thirmon, and my son Larkin Gothard, and my son Ira Gothard, and my son John Gothard, and my son Lewis Gothard, and my daughter Arbel Olinger, and my daughter Maholy Morgan, and my daughter Margaret Rogers, and my daughter Ibby Horton, and my daughter Nancy Robinson, and my daughter Elmira Shipley each have and receive one dollar of my effects at my death, and the entire remaining part of both real and personal property remain in the possession of my daughter Elizabeth Gothard to be controlled and used for the support of her and my Grandson, Thomas Coleman who has lived and is now living with us, and the entire right title and interest in the aforesaid real and personal property to remain in her the said Elizabeth Gothard during her natural life time, and after her death I desire and request that the entire right title and interest be vested in my Grandson Thom Coleman to be controlled and converted to his use at his pleasure and desire provided however he the said Thomas Coleman remain with us or provides for our support during our natural lifetime given under our hand and seal this the day and date above mentioned.
his mark X James Gothard (Seal)
Attest Peter Bottom
Wm. Wiffiths (?)
Hamilton County, TN Will Book Vol. 1 pg 267
Last Will and Testament of Ruth Krebs Horton
I, Ruth Krebs Horton of Chattanooga, Hamilton County, Tennessee, do 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 expenses and administration be paid by my executor.
Second: All of my property of every kind and description, real, personal and mixed of which I shall die seized or possessed, I give bequeath and devise unto my children absolutely, share and share alike.
Third: In the event that I shall leave no child or children surviving me, then I give, bequeath and devise unto my husband, John Ashby Horton, absolutely, all of my property of every kind and description, real, personal and mixed, of which I shall died seized or possessed.
Fourth: I hereby nominate and appoint my said husband, John Ashby Horton executor of this my will, and he is excused from giving bond.
In witness whereof, I have hereunto set my hand, this the 28th, day of December 1900.
Ruth Krebs Horton.
Signed by the said Ruth Krebs Horton as and for her last will and testament in the presence of us, the undersigned, who at her request and in her sight and presence, and the presence of each other, have subscribed our names hereto as attesting witnesses the day and date above written.
Mre. H. M. H. Rohr(?)
L. M. Thomas
Hamilton County, TN
Will Book 3, pg 203
Submitted by Donna Barnes donnab@prodigy.net
Last Will and Testament of George W. Howard
Just & Will & Testament of G. W. Howard
I, George W. Howard do make and publish this as my last will and testament hereby revoking and making void all others by me at any time made.
First: I direct that all my funeral Expenses and debts be Paid Then I direct the Executors of this will to pay the C. P. [Cumberland Presbyterian] Church in Ooltewah three thousand Dollars and Erect a mausoleum or monument to contain my body on some of the high Lots in East portion of Ooltewah if I have not bought one for this purpose when needed.
I desire that this monument cost about three thousand Dollars and to have a metal cast of my image (about life size) or have it carved out of stone and placed on or about it somewhere (A bust size will likely do). The Executors are required to set aside about $15.00 to be placed in bank for repairs and mowing around it once a year and to see that this is done Every year. I desire that this monument be completed within six months after death and at and the above church be paid for out of the first money received. Pay Expenses of monument first in case there is not Enough money on hand to pay all of both. My boddy can be left with Harry Chapman or some reliable undertaker in Chattanooga who will keep it in a metal case or Vault until it is ready to be intered in the monument here.
Secondly- I direct that all the balance of my Estate be converted to cash as soon as it can be sold for something more its Value and after paying the executors of this will a reasonable amount for their services, I desire that it be divided Equally among the white Baptist and Southern Methodist Churches m Ooltewah as the Christian Church is not being kept up here. I do not think it worth while to give them any thing unless the amount should exced (sic] three thousand dollars to each of the Baptist and Methodist Church mentioned above. On this case the executors can give ballance to the Christian Church. the leaders of the different churches ought to use their influence and helps the Executors to make the properlty sell for full value. And if they desire to return any favor for these donations that I make they can have my funeral preached and give monument a little attention when needed.
Fourth: [not thirdly given] I have no near relatives than cousins. And as they are scattered over the U.S. and part of them are unknown, I do not think it best to attempt to make a division of the Estate among them.
Lastly: I do hereby nominate and appoint Mr. John Hall and Hamton Parches to be my executors I witness whereas of I do this my will set my hand this the sixth day of February One thousand nine hundred and twelve.
G. W. Howard
signed and published in our presence and we have subscribed our names hereto in the presence of the testator This the 6th day of February 1912.
Witness: A. L. Tallant
Witness: W. A. Lewis
H. L. Quille
Codicil
In the year 1914 I offered to give the Baptist church in Ooltewah One thousand dollars of their part of this Will at Once if they would Employ Rev. W. L. Taylor for their minister One year and give them balance at my death. They Refused to do so and sent me word that the church here did not need my money but would be glad for me to send it to a Baptist female college in Murfreesboro. But as I do not feel like sending it away from home and they do not want it. I direct the executors of my will to divide the part willed to the Baptist church in Ooltewah, Tenn. Equally among the Christian Church and the C. P. Church here provided the Christian church is organized and in operation at my death. If not, I direct them to give all to above C. P. Church. This 18th Sept 1914.
G. W. Howard
State of Tennessee} James County} I
I, C. Cofer Deputy county court clerk in and for the aforesaid county and state do hereby certify that the above and two pages of the foregoing Will of G. W. Howard is a true and genuine copy of the Original will as it appears of Record in Will Book No 1 on an pages 29-30 closes on Page 31.
Witnessed my hand at office in Ooltewah, Tenn. on this the 3rd day of April 1917.
Jno. A. Hall county Court Clerk
By C. Cofer, D.C.
James County Will Book Pg. 29 – 31
Last Will and Testament of James M. Igo
Copy of Last Will and testament of J. M. Igo Deceased
I, James M. Igo do make and publish this my last Will and testament hereby revoking and making void all others by me at any time made.
First: that My funeral expenses and all my debts be paid as soon after my death as soon possible out of any money that I may die possessed of or may first come into the hand of my executor.
Second. I give and bequeath to my nephew Douglass Igo, Son of W. M. Igo now living in Eustis Florida my Single case gold Watch.
Thirdy- I give and bequeath to Bethel College of the Cumberland Presbyterian Church at McKenzie, Tennessee Two Hundred dollars ($200.00) to be used in the Theological Department of said college in educating young men for the ministry of said Cumberland Presbyterian Church.
Fourthly- I give and bequeath to my beloved Sister, Ellen Igo Leeper, wife of J. M. Leeper all the remaining property of whatever nature both real and personal that I may die seized and possessed of after the above bequeats have been fully complied with.
Lastly, I do hereby nominate and appoint my brother in law J. M. Leeper my executor.
In Witness whereof I do to this my will set my hand this the twenty seventh of January nineteen hundred and fifteen.
James M. Igo
Signed and published in our presence and we have subscribed our names hereto in the presence of the testator. This the 27th day January 1915.
J. E. Hall
G. W. Jackson
State of Tennessee}
Loudon County }
I, E. E. Watkins, clerk of the of the [sic] county court in said for said county do hereby certify that the above and foregoing is a full and true and correct copy of the last will and testament of James M. Igo as the same appears of record in my Office in Will Book "B" at page 22.
On witness whereof I have here unto set my hand
and official Seal at Office in Loudon on Tennessee this February 27 day AD 1919[.]
E. E. Watkins, Clerk
James County Tennessee Will Book Page 37