Hamilton County Tennessee Genealogy Society

Hamilton County Tennessee Genealogy SocietyHamilton County Tennessee Genealogy SocietyHamilton County Tennessee Genealogy Society

Hamilton County Tennessee Genealogy Society

Hamilton County Tennessee Genealogy SocietyHamilton County Tennessee Genealogy SocietyHamilton County Tennessee Genealogy Society
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Hamilton and James County Wills and Estates

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



Last Will and Testament of  James Iles

I, James Iles of the County of Hamilton and State of Tennessee do make and publish this as my Last Will and Testament.

    1st after all my just debts is paid. That my beloved wife Elender Iles have during her natural life the farm on which I now live on, with all the proceeds of the same and she have all my personal property and that she disposes of the same or enough of it as will pay all my debts, and if there is any remaining, she is to use it as it seems best to her.

    Second It is my wish and desire also that my beloved daughter Leanaher J. Iles be educated and maintained out of the proceeds of the farm until she arrives at the age of twenty-one.  If she Marrys before that time it stops and when she arrives at the age of twenty-one or Marrys before that time it is my desire that for the love I have for her, that she have out of my property or the proceeds of the farm - That she has one bed and furniture, one cow and calf and sow and pigs, one bed stand and one sheep.  It is my desire that my beloved wife give her as near the amount as she can, that I gave my other children, when they were married.  It is also my desire if my beloved wife should die before my beloved daughter Leanaher J Iles arrive at the age of twenty-one that my beloved daughter L. J. Iles have the proceeds of my farm until she is twenty-one or if she Marrys before she arrives at twenty-one it stops.  It is my will and desire that at the death of my beloved wife Elender Iles that my lands be equally divided between my beloved children John Iles or his Heirs, Nancy A. Elsea formerly Nancy Iles, Leanaher J. Iles or their heirs.  It is also, my desire that my beloved wife pay out of my property the amount of a note executed by me and John Iles to J. H. Shipley, the dates and amount I misremember. As my beloved son John Iles has paid me, to pay the whole amount of the debt. It is also my will at my death for the love I have for my son John Iles that he has my Rifle Gun which Gun my Executrix is not to take or numerate with the balance of my property.  It is my desire that my wife have all the bounties and wages that is coming to me from the government by the death of my two sons and that she apply the same to the payment of my debts. Lastly it is my will and desire for the confidence I have in my beloved wife Elender Iles.  She be appointed Executrix of this my last will and testament and that she is not to be required to five securities as Executrix Given under my hand and seal this August 9, 1868. Attest:  J. B. Thomas             James Barnes                                                James Iles  

James Iles, Dec'd., Will proven

A paper writing purporting to be the Last Will and Testament of James Iles decd., was presented to the court and J. B. Thomas and James Barnes, the subscribing witnesses to the same appeared in open court and were qualified according to Law, Deposed and said they were acquainted with the deceased in his life time and that he called them to witness the same as his last will and testament and that he was at the time of making said will of sound mind and disposing memory.  It was therefore ordered by the Court that the same be admitted to Probate and recorded and filed and declared the last Will and Testament of James Iles, deceased. And it appearing to the court that Ellender Iles, was appointed Executrix in said Will without requiring bond, whereupon the said Ellender Iles appeared in open court and was qualified as required by Law and ordered that letter testamentary issue.

Oct 14, 1868  -  November 18, 1868  The date not given on this document but it is placed between documents dated above.

Submitted by Mary West MEW0838@aol.com


Will of Alfred King Deceased

I Alfred King of the County of Hamilton and the State of Tennessee, being aware of the uncertainty of life and in failing health but of sound mind and memory, do make and declare this to be my Last Will and Testament in manner following to wit

1st I desire after my death that my just debts and funeral expenses be paid.

2nd I give devise and bequeath unto Henly S Shannon with whom I now live and who I claim as my son and Maggie Walker daughter of Love Walker and claimed to be my daughter, all of my real estate consisting of one tract of land containing ninety-seven acres more or less, and lying in the 1st Civil District of Hamilton County Tenn. Bounded on the East by Hatfield and Rawlston, on the South by Rogers – on the West by Hixson – on the North by Dent – of which the said Henly S Shannon is to have the North half of said land and the benefit of all the improvement that he may put thereon.

3rd I give all the personal property that I may possess at my death to the said Henly S Shannon.

4th And lastly I nominate and appoint as Executor to this my last Will and Testament Henry Barker.

In witness there of I Alfred King have set my hand and seal this the 9th day of Oct. 1893.                                                                                        Alfred King –

Signed Sealed and declared by Alfred King as and for his last Will and Testament, in the presence of us, who at his request in his presence and in the presence of each other have subscribed our names here unto as witnesses there of

 J. C. Selcer                                                                                                    E. F. Barker

Filed and probated Dec 28 1893                         J H Messick Clerk                         By A Shelton  

Hamilton County, Tennessee Will Book 3 Transcribed by Dennis C. Wilson

Last Will and Testament of Mrs. Nancy M. King 1906

Mrs. Nancy M King’s Will

I, Mrs. Nancy M King, being of sound mind and disposing memory do make and publish this my last Will and testament hereby revoking and making void all others by me at any time.

First - I will that at my death that my executor shall sell at private sale my real estate and make deeds to the purchasers and I authorize direct and empower him to convey all my real estate and to vest the purchasers with a good title in fee simple and then he shall divide the money as the proceeds of the sale of my real estate, equally between my two daughters Mrs. Addie Starling and Mrs. Lula B Turner.

Second - I will that all my personal property including household goods, buggies, notes, accounts, claims, and everything owing or belonging to my estate after my death shall be given to my daughter Mrs. Addie Starling.

Third - I have one insurance policy that I want the Executor to collect and from the proceeds pay my funeral expenses.

Fourthly – I hereby nominate an appoint Mr. John B Cameron as my executor to execute this my last will and testament.

In testimony whereof I do to this my last will and testament set my hands and subscribed my name this Feby. 27, 1906.

her mark X Mrs Nancy M  King

Signed, sealed and published in our presence as the last will and testament of Mrs Nancy M King have hereto subscribed our names as attesting witnesses in the presence of and at the request of the testatrix and in the presence of each other.

        Feby 27 – 1906

        Ernest E Edge

        Geo W Chamlie

Hamilton County, Tennessee Will Book 3, Page 471 Submitted by Kimberly Vassiliadis junakia@gmail.com

Transcribed by Dennis C. Wilson


Last Will and Testament of Richard Lee

I Richard Lee of Hamilton county, Tennessee being of sound and disposing mind and memory hereby make and publish this my last will and testament hereby revoking all former wills by me at any time made.   Item 1.  I give, devise and bequeath to my beloved wife Mollie Lee and my three children Susan Lee, Maggie Lee and Nellie Lee all my property both real, personal and mixed of which I may die sized, my said wife and each of my said children taking share and share alike.   Item 2.  I hereby nominate and appoint Wallace D. Hill Guardian of the person and property of my said children until they arrive at legal age, they now all being minor.   In witness whereof I have hereunto set my hand this 24th day of April 1896.    

   Richard Lee   Signed by the said Richard Lee as and for his last will and testament in the presence of use, the undersigned who, at his request, and in his sight and presence, have subscribed our names hereto as attesting witnesses, the day and date above written.     John O’Donohue     J. L. Jackson Filed and probated May 18, 1896, see Probate Record No. 10 page 155 R. S. Sharp Deputy Clerk 

Hamilton Co., TN Will Book 3, page 43.

Transcribed and submitted by Donna Barnes barnesd@chartermi.net

Last Will and Testament of George Levi Transcribed and Submitted by Jean Kinzalow dragonlair@spacey.net

The State of Tennessee In the name of God , amen. I George Levi of the County of Hamilton and the State of Tennessee Having been blessed to live to a ripe age in life. And blessed in some of the goods of this World. Am of sound mind and disposing memory. And knowing that at most I cannot live many years longer And desiring to avoid litigation about any of my property or effects after my death, And to designate clearly myself the objects of my bounty and the persons to enjoy it and the manner and proportion of such enjoyment, Do make ordain and publish this as my last will and testament. VizXXXXXXXXXX

1st I commend my spirit to God Who gave it And pray its acceptance in peace. 2nd I desere that my boddy be plainly but decently buried. 3rd That all my just debts be paid if any owing. 4th I give bequeath and devise my Estate and property as follows Viz. To my beloved wife Mary A. Levi, my present wife and the mother or our little daughter Martha A. Levi who is young and of under years And the only issue of mine by my wife aforesaid (50) fifty acres of land Which is more fully described as follows. Beginning on the top of the hill in the corner of the Widow Gann or Wm. & Kate Gann land at the three bushes chesnut I think near a poplar on the Gann land Thence a (word smeared) these directions along James Adams line. So as to include about one half of my old home place apple orchard to a rock and walnut tree thence south some degrees West as five polls Still with James Adams line to the top of the face of the mountain to a rock thence north some degrees East to the Pickett and Levi line, thence with this line a South West coarse to the corner in the old Original line of Levi and Hixson Then along said line to a lynn and Birch at the foot of a steep ridge thence across the point of the Ridge, along Mrs. Gann's line to the Beginning. The said to contain Fifty acres, more or less, The dwelling house with buildings and Part of the apple orchard as above described. I devise all the above described land and improvements thereon to my Beloved wife aforesaid during her natural life, and also all the present growing crops of every land and character for this year 1889. 5th I bequeath to my beloved child Martha A. Levi, aforesaid, one note of hand which I now hold on R. M. Brown and Nancy Brown for one hundred and two dollars dated the 1st day of April, 1889 and due 15th Nove. 1889. And also Two Hundred Dollars cash to be used for her by her mother in Raising and educating her. 6th And I bequeath to my Beloved wife Mary A. Levi three milk cows, two calves all the hogs own on hand. One old sorrell mare and one old sorrel horse. And all my house hold goods and house hold furniture of every kind and character. Such as all the beds, bed clothing, bed steads, chairs, trunks, spinning wheels, cooking utensels table ware, knives & forks, clock & bookcase and all the books. This Bequest is to include everything in the house of a house hold character. And all the farming utensils gearing &c. 7th I bequeath to my step son John H. McClary the son of my present wife by D. W. McClary decd. and which I have the care and custody of and he is working for me and waiting on me in my old age, one Clay Bank filly which is one year old past. 8th And lastly I hereby appoint my true and trusty Wife, Mary A. Levi my Executrix to to [it is repeated] this my last and only Will and Testament Without Bonds to carry out the same to the letter and spirit thereof. And that she act as guardian for and have the care and custody and training of our minor child Martha A. Levi. And that she use the funds set apart to her for the purpose of educating her and for her suport. This 28th day of June A. D. 1889 George Levi

The above instrument as the last Will and Testament of George Levi was read over to him and fully explained to him and understood by him to be his last will and testament. And signed by him in our presence and each of us as subscribing witnesses thereto in the presence of each of us on the day it bears date. A. P. Hunter R. M. Brown

Probated June 6 1892 


Will of Alice G. Martin1929

Transcribed and submitted by Gary P. Martin oogie53@hotmail.com

I, Alice G. Martin, make this my last will and testament this 19th day of April 1928.

(1) I wish all my just debts to be paid.

(2) I give all my household goods of whatever kind to my dear daughter Anna Martin and my dear son Ernest martin

(3) I give to my daughter-in-law Gladys Brown Martin the sum of one thousand dollars ($1000.00)

(4) I give to my daughter-in-law Mary Magruder Martin the sum of one thousand dollars ($1000.00)

(5) I give to my Grand-daughter – Alice Farrior Martin the sum of two thousand dollars ($2000.00)

(6) I give to my Grand son William McEwen martin the sum of one thousand dollars ($1000.00)

(7) I give to my Grand son John McEwen Martin the sum of one thousand dollars ($1000.00)

(8) I give to my sister Nannie Gillespie Thomasson the sum of one thousand dollars ($1000.00)

(9) I give to my niece Margaret Thomasson the sum of five hundred dollars ($500.00)

(10) To my faithful servant Lula Rogers I give the sum of five hundred dollars ($500.00) if she survives me.

(11) To my faithful servant Lucy Brown I give the sum of one hundred dollars ($100.00) survives me.

(12) All the balance of my estate both real and personal I leave to my children William A. Martin, john Gillespie Martin – Anna Martin and Ernest Martin to be divided equally among them –

I appoint my three sons – William A. Martin – John G. martin and Ernest Martin Executors of my estate without bond or report of any kind.

Witness my signature this 19th day of April 1928

Alice Gillespie Martin.

Witness – Mary G. Davenport. 42 Hogshead Apt.

Ellen Sharpe Poindexter. 947 Vine Street, Chattanooga.

Margaret Willliams. 225 High St. Chattanooga.

FILED APRIL 24, 1929

Pro. Rec. 31, Page 831


Will of John S. Martin 1902

Transcribed and submitted by Gary P. Martin oogie53@hotmail.com

I, John S. Martin of Hamilton County, Tennessee, make the following last Will and Testament, hereby revoking and annulling any and all Wills by me at any time heretofore made;-

Item. 1. Subject to the payment of my debts, I will, bequeath and devise all of my property, real personal or mixed to my wife, Kate H. Martin.

Item. 2. I constitute and appoint my wife, Kate H. Martin, Executrix of this Will, and will and direct that she be not required to execute bond in any Court as Executrix of this Will. Also, she shall not be required to file any Inventory of my estate. And I will and give to her full and absolute power and authority to sell or dispose of any of my property, at public or private sale, on such terms as she may see fit.

Witness my hand and seal at Chattanooga, this March 10th, 1902.

JNO. S. Martin (SEAL):

Will of Kate H. Martin Probated 1921

Transcribed and submitted by Gary P. Martin oogie53@hotmail.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.

Last Will and Testament of Samuel Martin 1887

Transcribed and submitted by Donna Barnes donnab@prodigy.net

Last Will of Samuel Martin

Chattanooga Tenn Nov. 26. 1887

It is my will that portions of my lot lying with in what is called the center apple tree about 16 feet north to tenth street be given to Samuel Martin my grandson his life time and also Thomas Martin my grandson, also my wife Elizabeth Martin and my sister Hannah Henry to hold their life time, and at their death the same is to go to the

estate of Samuel Martin.

2nd and all of the lot lying south of what is known as the center apple tree be in charge of Margaret Gorman (could also be Gonnan) about 150 ft south of what is known as center apple tree.  

She is to collect all the rents and the rents must be used in keeping up the taxs.

Signed (his mark X) Samuel Martin

signed before me this the 26th day of Nov. 1887

J. W. White J. P.

Witness

Julas Gibson (his mark)

M. H. Holder

Hamilton County, TN Will Book Vol. 1., pg 282

Note: There was a John Gorman who married a A. M. Martin 8/3/1887 in Hamilton County


Will of Louisa Mentlow Transcribed by Dennis C. Wilson

1 I direct that all my just debts be paid.

2 I give and bequeath to my adopted daughter Mollie Jenkins wife of David Jenkins all the real estate I may die seized and possessed for and during her natural life with remainder to the heirs of her body in fee – It is my desire that said Mollie retain the estate while she lives – It is my desire that said Mollie Jenkins retain the real estate as a home and that it not be sold, by decree of court or otherwise while she lives – I give to said Mollie Jenkins any personal property I may leave absolutely

Witness my hand and Seal June 11 1889                                                                                        her  mark     X   Louisa Mentlow  

Subscribing witnesses who Signed this at request of Testatrix in her presence And presence of each other                 Lewis Shepherd                 Lilah Hixson

Filed and probated Janry 30 189 J H Messick Clerk

Hamilton County Tennessee Will Book 3 Transcribed by Dennis C. Wilson

Last Will and Testament of  Andrew J. Moore

   I Andrew J. Moore of Gold Point in the County of Hamilton and State of Tennessee, being at this date of sound and disposing mind and memory, do make and publish this my last will and testament, revoking and annulling all former wills by me at any time made.   I commend my spirit to my merciful Creator, Redeemer, and Sanctifier, and in the hope of a joyful resurrection I commit my body in Christian burial to the dust whence it came, directing that it be decently buried.   I direct that out of the proceeds of my estate all my honest debts (if any at the time of my death) be paid, together with a reasonable sum for my proper burial, and including the expenses of administration, shall be paid by my executor.   I am the owner and possessor of one hundred acres of land more or less, situated in the First Dist. Of Hamilton County, Tennessee, purchased by me from the heirs of Bird Thomas.  Said land was purchased with the pension money belonging to the children of Ambrose Johnson who were under sixteen years of age at the time of his death, to wit:  Hattie Johnson, Charlie Johnson, and Andrew Elijah Johnson, said money was paid by the Government of the United Sates to me as the Guardian of the children aforesaid, and invested in said property for their use and benefit.   In view therefor of the above transaction, I will and bequeath unto Hattie, Charles, and Andrew E. Johnson, children aforementioned, all and severally the above-described property.   I hereby appoint executor of this my last and testament, J. C. Rodgers, Sr. but bond and oath is specially waived.        In witness whereof I have hereunto set my hand and seal on this the 26th day of October 1906.      Andrew J. Moore   Signed by the said Andrew J. Moore, as and for his last will and testament, in the presence of the undersigned, who at his request and in his sight and presence, has subscribed our names hereto as attesting witnesses, the date and date above written. Witnesses    L. B. Jones       E. H. Matthews Pro Rec No 13, Page 360 Filed Novr 20th, 1908Hamilton Co., TN  Will Book 3, pg. 555

Transcribed and submitted by Donna Barnes barnesd@chartermi.net


Last Will and Testament of  Sarah Moore

I Sarah Moore, do make and publish this as my last will and Testament hearby revoking and making void all other wills by me at any time made.   1st  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, or may first come into my Executors.   2nd I give and bequeath to my daughter Malinda Moore two cows two hogs and two bedsteads, two Feather beds, and necessary bed clothing for Same, and one little bureau and table, and a reasonable amount of other  useful and furniture about the house, then she Malinda Moore, have a right to live and hold possession of the house where I now live and to have a reasonable amount of the incomes of my farm for to keep and support her, during her natural life time, unless She Should marry; then the lands all to be sold and she Malinda Moore have an equal share of all my estate, according to the foregoing apportionment.   3rd Polly Standifer my daughter have one hundred dollars of my estate and no more.   4th All the rest of my children have equal Shares according to my directions, in this my Will.  My deceased daughter Susan Hansens Childrens proportions to be laid out in land, to be selected by my executors, and they received the income yearly, during their natural life time.   My deceased daughter Obedience Howards Children have their proportion, as they became of age except two hundred dollars, which she received in her lifetime.   My daughter Sarah Chitwoods Children to receive their mothers proportion as they become of age, with a deduction of two hundred dollars, which she had received.   My deceased Sons Edward H. (?) Moore Children have their proportion as they became of age.   My deceased James M. Moore Son John received ?? proportion at twenty one years of age.   My son Richard J. Moore have his proportion.   My son Frederic J. Moore, have his proportion.   My son Peter P. Moore have his proportion.   I further desire that all my personal property be sold as soon after my death as possible, that is not otherwise appropriated, and the farm kept up and cultivated and all the Surplus funds put at interest, until disposed of according to this will.   Lastly, I do hereby nominate and appoint, Peter P. Moore, and C. E. Shelton my Executors.   In witness whereof I do to this my will, Set my hand and seal this 13th day of May One thousand eight hundred and Sixty Seven.   her mark x Sarah  Moore   {seal}                Test. L. C. Moreland           James J. Davidson Probated August 3rd 1868   R. ???? Clerk

Hamilton Co., Tn. Will Book 1, Page 35

Transcribed and submitted by Donna Barnes barnesd@chartermi.net


Last Will and Testament of  Charles Thomas Morgan 1923

I, C. T. Morgan, being of sound mind and disposing memory and reasonable health make this my last will and testament.

SEC 1. I appoint L. C. Morgan (Luther), Executor of my estate without bond and I vest him with the power to eliminate any heir or heirs who brings up any claims or accounts against my estate.

SEC 2. I will to my wife Zerelda Morgan a child’s part of my estate.

SEC 3. I will my seven children all equal of the balance of my estate. Mrs. J. B. Wolf (Mamie E.) and Mrs. T. P. Davis (Tennessee P.), Miss L. D. Morgan and J. H. Morgan (Joel H.) do not owe me or my estate.

SEC 4. I direct that my funeral expenses be paid as soon as possible after my burial.

Witness my hand or mark to this my last will and testament.

This January 12th, 1923.

His Mark X C.T. Morgan  

Attest: C.C. Haven

Signed in out sight and presence by the testator and at his request and in whose sight and presence and in the sight and presence of each oath we subscribe our names as attesting witnesses.

W. M. Smith,

T. M. Green, Witnesses.

FILED October 14th, 1924

Probate Record #26 Page 463

Hamilton County, Tennessee

Submitted by Phebe Morgan phebem@comcast.net


Last Will and Testament of G. W. Patten

To the executors of my last will and testament.

After all my legal obligations are satisfied – I desire that all my possessions – both of real and personal property (except such as is hereafter provided for in this will) shall go to my most devoted and affectionate and well-beloved wife Charlotte Holmes Patten.

I desire that my admired and trusted son John Alanson Patten his devoted and loving wife and sweet and very promising children shall have my army relics.

I desire that my much loved and devoted daughter Margaret Patten Atlee her affectionate husband and very promising son – shall have my collection of G. A. R. and other souvenir badges.

My gold watch I desire shall go to my well-beloved son Zeboin Cartter Patten.

I desire that my son George Holmes Patten – in whom I take great pride – shall have my Loyal Legion Badge and papers – my commission in the U. S. V. A. and such portions of my library as he may select.

Charlotte Holmes Patten and her son John Alanson Patten are appointed executors of this will and shall be required to give no bond for its execution.

G.W. Patten

We the undersigned are witnesses to G. W. Pattens signature to the above document.

D. R. Rawlings, C. E. Minnis

Hamilton County Tennessee Will Book 3, Page 463.

Last Will and Testament of Hiram Pendergrass 1891

Submitted by Carolyn Condray-Merritt Carol24343@aol.com

I, Hiram Pendergrass, of Sale Creek in the County of Hamilton , and State of Tennessee , being of sound 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 heretofore made.

And as to my worldly estate and all the property, real personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following to wit –

My will is, that all my just debts and funeral expenses shall by my Executors herein after named be paid out of my estate as soon after my decease as shall by them be found convenient.

I give devise and bequeath to my beloved wife Mary Pendergrass, all my household furniture and also one hundred dollars in money to be paid her by my executors herein after named within six months after my decease – To have and to hold the same to her and her executors' administrators and assigns forever.

All the rest and residue of my estate, real, personal and mixed of which I shall die seized and possessed, or to which I shall be entitled at my decease – I give devise and bequeath – After my Executors herein after named shall have sold all my real, personal and mixed property, that the money be equally divided between or amongst my children.

And lastly, I do nominate and appoint William Griffiths and William M Beene to be the Executors of this my last will and testament.

In witness whereof I the said Hiram Pendergrass have to this my last Will and Testament, consisting of one sheet of paper, subscribed my name this the 26th day of February in the year of our Lord One thousand eight hundred and ninety-one.

H Pendergrass (Seal)

Signed, published as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other, have subscribed our names as witnesses thereto

Peter Bolton

David R Griffiths 

 

Will of John Poe1861

Transcribed and submitted by Jean Kinzalow dragonlair@spacey.net

The last Will and Testament of John Poe, dec'd.

I, John Poe, do make and publish this as my last will and testament, hereby revoking, and making void all other wills by me 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 posesed of, or may first come into the hands of my Executors. Secondly [underlined], I give and bequeath to my wife Rebecca one milk cow and to my daughter Nancy one milk cow, and they Rebecca and Nancy to have wagon and oxen, also two hundred and fifty dollars each - and my son James Calvin Poe to have one hundred and sixty dollars, besides the amount which I owe him, my son John L. Poe have one hundred dollars, and all the other children fifty dollars. Also, I want my wife and my daughter Nancy to live on the land, and have the rents of said farm until August eighteen hundred and sixty-seven; then land to be sold to the highest bidder; then the proceeds to be divided as aforesaid and if the proceeds should fall short or overreach the sums, then then [this word is repeated] to be divided in proportion to the amount specified. Also, all other loose property to to [this word is repeated] remain in the care of my wife, and, Nancy, then to be sold when the land is sold.

Lastly, I do hereby nominate, and appoint Christian C. Sheton, my Executor in witness whereof I do to this my will, set my hand and Seal this 3rd day of May Eighteen hundred and Sixty four

(his mark) John Poe {Seal}

Signed Sealed and published in our presence, and we have subscribed our names hereto in the presence of the Testator this 3rd day of May 1864. Green B. Stone Hugh A. Boyd

a true copy R. H. Guthrie Clk.

Will of Samuel Poe 1861

Transcribed and submitted by Jean Kinzalow dragonlair@spacey.net

Samuel Poe dec'd.

The Last Will and Testament of Saml Poe ded.

In the name of God. Amen. I Sam'l Poe of the County Chattooga, and State of Georgia, being of sound mind and memory, being desirous to settle my worldly [word "affairs" marked out] business do make and publish this my last will and testament hereby revoking all wills by me heretofore made.

Item 1st I give and bequeath to my beloved wife Jane Poe all my plantations I now hold, and where I now live, with all the improvements - These lands designated No. 141 - 149 - 176 - in the 6th district, and

4th Section in said County - together with all the appurtenances thereunto. Also all my living negros, together with their [as spelled in will] increase if any - also all my livestock, such as Horses, mules, Cattles, Hogs, Sheep and bees, also wagons, Buggys, threshers, Blacksmiths tools, and all farming utensils, also all the household and kitchen furniture. All the just debts first be paid out of my estate. Should there be money, notes or accounts left, on hand, Such money, notes or accounts I give to my wife Jane Poe during her natural life or widowhood - and in case she marries all the above property reverts back to my estate at the time of her marriage, except two of the choice negros be hers during her life, and at her death, it is my wish for the said two negros to revert back to my estate, and at the death of my wife all the property be sold and equally divided between my grandchildren, except a sufficient amount to bury my wife, and erect a tomb over her grave. The above property to be sold by the Court - The children alluded to is the children of A. W. Poe dec'd - and Mahaly, Catharine, Christopher - the money put on interest by the Court and given to the heirs as they arrive at the age of twenty-one years. Signed Sealed, and published, and declared to be my last will and testament the July 2d 1861 Sam'l Poe

We the undersigned do hereby certify that the foregoing was signed by the testator as the last will and testament in our presence, and that we signed the same in his presence at his special instance request, and in

the presence of each other on this Thur. July 2d 1861.

L B Stranger

A K Rhinehart

George W. Clemmons


The Last Will and Testament of Reason Shepherd Transcribed by Dennis C. Wilson

I Reason Shepherd of the County of Hamilton, State of Tennessee do make this my last will and testament in the following form and manner to wit – It is my will and design that my property of which I may be possessed at my death be divided equally between my surviving heirs. I direct that the Executor of this will shall first pay out of the Estate all expenses connected with my last sickness and funeral and shall also erect on my lot in Forest Hill Cemetery such a monument as my heirs may deem suitable. Also shall pay to my daughter Cora W. Shepherd the sum of $600.00 to be sent by her to the Boards of Home and Foreign Missions of the Pres. Church of North America as the bequests of her mother and myself to said Boards.     I direct that the Executor of this will shall give to my daughter Cora W Shepherd, all my books and furniture; shall collect all moneys due my estate, and shall pay all just claims against my estate and after having done so shall divide equally the remainder of my Estate, after the afore said bequests are paid, between my sons Edwin A. Shepherd, Frank C Shepherd and my daughter Cora W Shepherd being my only surviving children at the time of making this will, or their legal heirs.     I hereby appoint as the Executor of this my last will and testament my son Frank C Shepherd.     In witness where of I Reason Shepherd to this my last Will and Testament do here unto set my hand and seal this 30th day of October 1891

Reason Shepherd Seal

Signed by said Reason Shepherd as his last Will and Testament in our presence and subscribed by us as witness in his presence and at his request.

A. Cora Powell Frank M Powell

Filed and probated Jan 10th 1894 J H Messick Clerk

Hamilton County Tennessee Will Book 3, Page 1 Transcribed by Dennis C. Wilson

Last Will and Testament of Thomas Shirley

County Court Monday Aug. lst, 1887.

Ooltewah James County Tennessee.

Court was opened pursuant to adjournment. Present and presiding, E. E. Clingan, Chairman. When the following proceeds were had and entered of record.

TO WIT:

A paper writing was presented in open court. Purporting to be the last will and Testament of Thomas Shirley, and four subscribing witnesses to the same. Having appeared in open Court, namely, J. L. Varnell, J. D. Shropshire, Hix Padget and Rufas Padget, and being duly sworn according to law deposed and said that they were acquainted with Thomas Shirley and that he specially called them to witness his signature and acknowledgement to the paper writing and that he was at the time of so doing of sound mind and disposing memory, and that the same was for his last Will and Testament. It is therefore ordered and directed by this Court that the same be admitted to probate and published as the last Will and Testament of Thomas Shirley (which is in the following words and figures.)

TO WIT:

Know all men by these presents, that I, Thomas Shirley of Ringgold in the County of Catoosa and state of Georgia, former being of sound disposing mind and memory, do make and publish this my last Will and Testament.

lst - I give and bequeath to my son James B. Shirley all of my estate, both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George O. Cate, Jr. I give and bequeath the sum of one hundred dollars.

2nd - I give and devise to my beloved wife Julia Ann a good and Comfortable support for life out of my estate.

3rd - I give and devise to my son James B. Shirley any and all estate [,] estate in lands or personally which I may acquire after date of this will after payment of my debts & legacies.

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament. In testimony where of I have here unto set my hand and seat and publish and declare this to be my last Will and Testament. In the presence of the Witnesses named below. This January 25th in the year 1873.

Thomas Shirley [seal]

Signed, sealed and declared by the said Thomas Shirley as and for his last Will and Testament in presence of us, who at his request, and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Robert

W. S. Inman

W. L. Whitman

J. L. Varnell

J. D. Shropshire

Ferdinand Jett

This February 13th 1883

Dr. T. A. Esman

Hix Padget

Rufas Padget

I, Thomas Shirley do now and hereby make and declare this as a codicil or supplement to my present and subsisting Will Signed and dated by me on 25th day of January 1873 and duly and legally witnessed by A. J. Roberts, W. S. Inman and W. L. Whitman and which said Will is as follows.

TO WIT:

Will.

Know all men by these presents, That I, Thomas Shirley of Ringgold in County of Catoosa and state of Georgia. Former being of sound disposing mind and memory do make and publish this my last Will and Testament.

1st - I give and bequeath to my son James B. Shirley, all of my estate both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George A. Cate, Jr. I give and bequeath the sum of one hundred dollars.

2nd - I give and devise to my beloved wife, Julia Ann, a good comfortable support for life out of my estate.

3rd - I give and devise any and all estate in lands or personally, which I may acquire after day of this will and after payments of debts and legalies.

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament.

In testimony where of I have here unto set my hand and seal and publish and declare this to be my last will and Testament in the presence of the witnesses named below this January 25th in the year 1873.

Thomas Shirley [seal]

Signed, sealed and delivered by the said Thomas Shirley as and for his last Will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Roberts

W. S. Inman

W. L. Whitman

Terms of this Codical or Supplement are as follows:

lst My beloved wife Julia Ann, having died the said demise and bequest in her favor is revoked and recalled and in no sense is to be deemed or held a charge upon the land or other property bequeathed by my said Will above copied to James B. Shirley.

2nd I do in all other respects ratify and confirm said Will of which the above is a copy.

3rd I declare in addition to the Statements in said Will contained That the lands and real estate amended to be therein devised be mainly in James County, Tennessee and on and near the waters of Savannah Creek, and through which the road from Ooltewah in James County, Tennessee to Georgetown at the Meigs County line runs past, and being know as the Shirley lands and above which I once had a lawsuit in the Courts of the United States with Peter Monger and is now being occupied by Tenants, and embrace eight hundred (800) acres more or less. But my devise and bequest aforesaid to said James B. Shirley is not to be understood as limited and restricted to the said lands last above referred to; but is to be understood and is hereby expressly declared to include and embrace all the lands of which I may die over or possessed Situated in the County of James in the State of Tennessee and in any other County in said state and also to embrace any and all lands and personal property which I may own at my death in any county of the State of Georgia or any other state or Government where ever the same may be.

4th I also give and bequeath to my said son James B. Shirley all the moneys, notes, accounts and debts I may die owner or possessed wherever situated without regard to limits or boundaries of State or County lines.

5th And if anything, remain of my estate not embraced in the foregoing [sic] provisions of this and the Original Will of 25th January 1873, I give and bequeath the same real personal and mixed rents, moneys chores in action and everything else to the said James B. Shirley. Absolutely and forever subject alone to the payment of all my just debts and the bequest of one hundred dollars to George O. Cate, Jr. It is proper to state I have in many years ago given to George O. Cate, Sr. father of of [sic] George O. Cate, Jr. all I think he or his child should have of my estate.

Signed and sealed byme as a supplement and Codicil to my Will of January 25, 1873. In presence of the witnesses whose names are signed as such below. This 20th day of August A.D. 1878.

Thomas Shirley [seal]

Signed and sealed by the said Thomas Shirley the testator as and for his supplement and Codicil to his will of January 25th 1873. In presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

Maxley Ethridge

Robert G. Andrews

John W. Andrews

J. L. Varnell

J.D. Shropshire

Ferdinand Jett

This February 13th 1883.

Dr. T. A. Esman

Hix Padget

Rufas Padget

State of Tennessee

James County  

I, J. C. Heaton Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with Supplement or Codicil thereto attached of Thomas Shirley made and published as the last Will and testament of the said Thomas Shirley is the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug. 2nd 1887.

J. C. Heaton, Clerk

State of Tennessee

James County  

I, J. A. Hall Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with supplement or Codicil thereto attached of Thomas Shirley made afrd [sic] published as the last Will and Testament of the said Thomas Shirley as the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug 19th 1916.

John A Hall, Clerk


Last Will and Testament of  Maggie Teague

Will of Maggie Teague, - Deceased. Oct 21, 1909

Mrs E M Hicks I want you to have what I have if you want to give any of them a keep sake it all right I want you to have what money is left do as you please if you out live me I want you to use the money for yourself this is my wish

Maggie C Teague

Deborah Ridge Sarah J Bryant. Filed January 17, 1910 Pro. Rec. #13/639 Hamilton County , TN Will Book 3, Page 616.

Will of Gilbert Vandergriff1877

Transcribed and submitted by Jean Kinzalow dragonlair@spacey.net

Last Will and Testament of Gilbert Vandergriff dec'd.

State of Tennessee

Hamilton County

I Gilbert Vandergriff do make this my last and only will but revoking all others that might be proposed to be my will.

First - I desire that all my Just debts and burial expenses be paid out of my personal property.

2nd I give and bequeath to my beloved wife Elizabeth all my property both real and personal during her natural life and after her death my desire is that the real estate and what personal property may be left be sold in some way to bring the most money and in away ["away" is written as it appears in the will] that it will bring the highest price. Then out of the proceeds of said sale I desire that my Daughter Sarah Vandergriff have fifteen Hundred Dollars first out of the proceeds of said sale.

3rd I give and bequeath to Polly Ann Doolin Jacob Vandergriff heirs Margaret Scott Jane Brown and Hile Vandergriff the balance of the proceeds of said sale of said property to be equely divided Shear and Shear alike Jacobs heir [there was no "s"] to be one shear and

Lastly - I appoint A Seleen my executor to carry out the conditions of this Will and to do all and every thing required in the premises and after it being read in my hearing I cordialy approve the same this the 12" day of April AD 1877.

I am now in my right mind and this is what I always intended to do.

(his mark) Gilbert Vandergriff

Signed in the presence of us

R M Brown

E R Maslin

Hamilton Adams


Last Will and Testament of James Brown Shirley

Know all men by these presents that I[,] James Brown Shirley in the County of James and State of Tennessee forever Being of sound mind and disposing mind and memory do make and publish this my last Will and Testament.

1st - I give bequeath to my Beloved wife Mary Shirley all the Personal Property so long as she lives or remains by widow. Consisting of Stock of all kinds, Farming utensils, money, notes, accounts, rents and all debts of which I may die owner Possessed whereon situated without to limits or boundaries of State or County tines.

2nd - I Give bequeath to my wife all real estate in lieu of a Dowrey. All lands and rents that I may die owner of for her use and educate my children So long as she lives and remains my widow.

3rd - It is my will that all my Just debts Burriel expense & recording this will be Paid out of the rents & personal property.

4th - I Nominate and appoint my wife Mary Achsah Shirley and Thomas G. Andrews of Tipton [marked out] Upson County Georgia My Executors, Guardians and Administrators of this my last will. My will is that my wife & Thomas G. Andrews Shal [sic] not be required to give any bond or security to the Judge of Probate for the faithful Execution of the duties of Executrix, Guardian or Administrators.

5th - It is my Will and desire that at the death of my wife Mary A. Shirley or at any time when She may arrange to relinquish her life interest in the above-mentioned real estate or she marries, It is my will the same lands money rents go to my Four children Thomas, James, Homer and Addie Josfin Shirley or any children She may have by me or to the lawful heirs of each.

6th - At the death or marriage or relinquish of the lands. I have 'will' to my wife during her lifetime or marriage I give desire and bequeath as follows.

7th - I give unto my daughter Addie Josefin Shirley One Gold Watch I have. Also, one third of all the land lying East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. The line Starts at the road at the McDonald Lane running East to the Northeast corner thence South with the Green line to a stake thence west to the road thence north to the Starting Stake. So as to include one third of the land. I give to her during her lifetime and then to her lawful heirs and at her death said land reverts back to Thomas, James and Homer Shirley.

8th - I give devise and bequeath unto my son James Shirley one silver watch [scratched out] almwaith [?] one third of all my lands East of the road leading from Ooltewah to Georgetown, Tenn. commencing [sic] at the road running East with Addie, J. S. to the Green line. Thence South so as to include one third Thence west to the road thence north to the Starting point.

9th - I give devise and bequeath unto my Son Thomas Shirley one third of all my land East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. commencing at the road and running East with James Shirley's to the Green line Thence South to the Cate line Thence west across Savannah Creek to the Creek Thence North with the meanderings of the Creek to the Bridge Thence along the road to the starting point.

10th - I devise and bequeath unto my Son Homer Shirley all my lands lying west of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. which [sic] includes the House where I am now living.

11th - It is my will in case any children is born from my wife and me they Shall Share alike.

12th - It is my desire [scratched out] Will in case my wife dies that my Son Thomas Shirley when he became at proper age be appointed Guardian for the minor children without bond or security

13th - It is my will that if any of my children dies I before they arrive at proper age their interest goes to the surviving children

In witness where of I, James Brown Shirley, The Testator have to this my last will and Testament Set my hand and Seal this Twenty Third day of October A.D. 1888.

Signed Sealed James Brown Shirley [LL]

Published and declared by the above-named J. B. Shirley and for his will and Testament in the presence of us who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said Testator and each other.

H. H. Brown

T. N. Scoggins

J. C. Dill

State of Tennessee

James County  

I, D. McCallister clerk of the county court in and for county and State aforesaid do hereby certify that the foregoing is a true & correct transcript as appears of record in my office. Book 2 Inventories and Wills Page 66 & 67.

Witness my hand at office Jan 9, 1902

D. McCallister, Clerk


Last Will and Testament of Thomas Shirley

County Court Monday Aug. lst, 1887.

Ooltewah James County Tennessee.

Court was opened pursuant to adjournment. Present and presiding, E. E. Clingan, Chairman. When the following proceeds were had and entered of record.

TO WIT:

A paper writing was presented in open court. Purporting to be the last will and Testament of Thomas Shirley, and four subscribing witnesses to the same. Having appeared in open Court, namely, J. L. Varnell, J. D. Shropshire, Hix Padget and Rufas Padget, and being duly sworn according to law deposed and said that they were acquainted with Thomas Shirley and that he specially called them to witness his signature and acknowledgement to the paper writing and that he was at the time of so doing of sound mind and disposing memory, and that the same was for his last Will and Testament. It is therefore ordered and directed by this Court that the same be admitted to probate and published as the last Will and Testament of Thomas Shirley (which is in the following words and figures.)

TO WIT:

Know all men by these presents, that I, Thomas Shirley of Ringgold in the County of Catoosa and state of Georgia, former being of sound disposing mind and memory, do make and publish this my last Will and Testament.

lst - I give and bequeath to my son James B. Shirley all of my estate, both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George O. Cate, Jr. I give and bequeath the sum of one hundred dollars.

2nd - I give and devise to my beloved wife Julia Ann a good and Comfortable support for life out of my estate.

3rd - I give and devise to my son James B. Shirley any and all estate in lands or personally which I may acquire after date of this will after payment of my debts & legacies.

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament. In testimony where of I have here unto set my hand and seat and publish and declare this to be my last Will and Testament. In the presence of the Witnesses named below. This January 25th in the year 1873.

Thomas Shirley [seal]

Signed, sealed and declared by the said Thomas Shirley as and for his last Will and Testament in presence of us, who at his request, and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Robert

W. S. Inman

W. L. Whitman

J. L. Varnell

J. D. Shropshire

Ferdinand Jett

This February 13th 1883

Dr. T. A. Esman

Hix Padget

Rufas Padget

I, Thomas Shirley do now and hereby make and declare this as a codicil or supplement to my present and subsisting Will Signed and dated by me on 25th day of January 1873 and duly and legally witnessed by A. J. Roberts, W. S. Inman and W. L. Whitman and which said Will is as follows.

TO WIT:

Will.

Know all men by these presents, That I, Thomas Shirley of Ringgold in County of Catoosa and state of Georgia. Former being of sound disposing mind and memory do make and publish this my last Will and Testament.

1st - I give and bequeath to my son James B. Shirley, all of my estate both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George A. Cate, Jr. I give and bequeath the sum of one hundred dollars.

2nd - I give and devise to my beloved wife, Julia Ann, a good comfortable support for life out of my estate.

3rd - I give and devise any and all estate in lands or personally, which I may acquire after day of this will and after payments of debts and legacies.

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament.

In testimony where of I have here unto set my hand and seal and publish and declare this to be my last will and Testament in the presence of the witnesses named below this January 25th in the year 1873.

Thomas Shirley [seal]

Signed, sealed and delivered by the said Thomas Shirley as and for his last Will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Roberts

W. S. Inman

W. L. Whitman

Terms of this Codicil or Supplement are as follows:

lst My beloved wife Julia Ann, having died the said demise and bequest in her favor is revoked and recalled and in no sense is to be deemed or held a charge upon the land or other property bequeathed by my said Will above copied to James B. Shirley.

2nd I do in all other respects ratify and confirm said Will of which the above is a copy.

3rd I declare in addition to the Statements in said Will contained That the lands and real estate amended to be therein devised be mainly in James County, Tennessee and on and near the waters of Savannah Creek, and through which the road from Ooltewah in James County, Tennessee to Georgetown at the Meigs County line runs past, and being known as the Shirley lands and above which I once had a lawsuit in the Courts of the United States with Peter Monger and is now being occupied by Tenants, and embrace eight hundred (800) acres more or less. But my devise and bequest aforesaid to said James B. Shirley is not to be understood as limited and restricted to the said lands last above referred to; but is to be understood and is hereby expressly declared to include and embrace all the lands of which I may die over or possessed Situated in the County of James in the State of Tennessee and in any other County in said state and also to embrace any and all lands and personal property which I may own at my death in any county of the State of Georgia or any other state or Government where ever the same may be.

4th I also give and bequeath to my said son James B. Shirley all the moneys, notes, accounts and debts I may die owner or possessed wherever situated without regard to limits or boundaries of State or County lines.

5th And if anything, remain of my estate not embraced in the foregoing provisions of this and the Original Will of 25th January 1873, I give and bequeath the same real personal and mixed rents, moneys chores in action and everything else to the said James B. Shirley. Absolutely and forever subject alone to the payment of all my just debts and the bequest of one hundred dollars to George O. Cate, Jr. It is proper to state I have in many years ago given to George O. Cate, Sr. father of of [sic] George O. Cate, Jr. all I think he or his child should have of my estate.

Signed and sealed by me as a supplement and Codicil to my Will of January 25, 1873. In presence of the witnesses whose names are signed as such below. This 20th day of August A.D. 1878.

Thomas Shirley [seal]

Signed and sealed by the said Thomas Shirley the testator as and for his supplement and Codicil to his will of January 25th 1873. In presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

Maxley Ethridge

Robert G. Andrews

John W. Andrews

J. L. Varnell

J.D. Shropshire

Ferdinand Jett

This February 13th 1883.

Dr. T. A. Esman

Hix Padget

Rufas Padget

State of Tennessee

James County  

I, J. C. Heaton Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with Supplement or Codicil thereto attached of Thomas Shirley made and published as the last Will and testament of the said Thomas Shirley is the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug. 2nd 1887.

J. C. Heaton, Clerk

State of Tennessee

James County  

I, J. A. Hall Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with supplement or Codicil thereto attached of Thomas Shirley made afrd [sic] published as the last Will and Testament of the said Thomas Shirley as the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug 19th 1916.

John A Hall, Clerk


Last Will and Testament of R. L. Watkins

   I, R. L. Watkins hereby declare this to be my Last Will & Testament & do hereby revoke and & all former wills be me made.

First-     I appoint my wife Helen Watkins & my oldest son Richard M Watkins my Executor, with full power given them to manage & control my property, until it is divided among my children as here in after prescribed & they are expressly relieved from giving bond. Second-     I devise all my property of every kind, real, personal to my said Executors, except my summer home on Lookout Mountain – My said Executors are to hold & manage all my property until my youngest son Chester comes of age: When they are hereby directed to divide all of my property of every kind equally among my three children, share & share alike – Should Chester die before reaching his majority, then my Executors are directed to at once divide the property equally among my surviving children or their heirs Third –     I give & bequeath to my wife Helen Watkins during her life my summer home or residence on Lookout Mountain & direct that at her death, this piece of property be sold and the proceeds of the sale be divided equally among my three children or their heirs Fourth –     I direct my Executors in the division of my estate to charge my two sons Richard M Watkins and Arthur J Watkins with the money I have advanced them since their respective marriages – These amounts will be found by reference to my cash books & checks. Fifth –     In the event of the death of either or any of my children, before this will takes effect or there is a division of my property – I direct that the heirs of said child shall receive the property that would have gone to my deceased child.

Witness my hand this December 14 1894                                                 R L Watkins

Witness H Whiteside M Whiteside  

Filed & Probated December 31 1894                                 L M Clark Clerk

Hamilton County Tennessee Will Book 3 Transcribed by Dennis C. Wilson

Last Will and Testament of G. E. White

Last will and testament of G. E. White Dec'd

Chattanooga, Tenn Nov 3, 1910

I the undersigned do in this writing express my last will which is that at my death anything that I may be possessed both in real [and] personal property be given to my youngest surviving Sister.

G. E. White

[*Note: The following is found on a loose page inserted into the Will Book]

State of Tennessee}

James County}

In the county court of James County.

In the matter of the probate of the last will and testament of G.E. White, Deceased -

Before me E. C. Smith Chairman of the county of James County, Tennessee. Personaly appeared in open court O. F. Jones, J. E. Arms, G. E. Longley to me personaly known to be credible witnesses and who being firt duly sworn and examined by me and do depose and say that each knew G. E. White who died in Hamilton County, Tennnessee on March 19th 1917 for many years before his death that they had carefully examined the last will and testament dated Nov 3rd 1910 that said will and each word thereof are wholly in the hand writing of the deceased said will being found among his valuable papers that said writing appears to be the last will & testament that his name is subscribed to said will that the hand writing appears of said Deceased is and was well known by them personaly.

[reverse side of insert]

O. F. Jones

G.E. Longley

J. E. Arms

Sworned and subscribed to before me this 22 Sept 1917

E.C. Smith, Chairman

(The following letter is also found inserted in the Will Book pertaining to this will.]

O. F. Jones,

520 Temple Court Building.

Chattanooga, Sept, 19th, 1917.

Mr J. A. Hall,

County Court Clerk,

Ooltewah,Tenn.

My Dear Sir:-

I will be there Saturday next to attend to some business with you in your Office. Thought best to advise of my coming. I will not get to your office until in the after noon on account of waiting on some gentlemen who will meet me there between two and three O'clock.

Yours very truly,

O. F. Jones [signed]

James County, Tennessee Will Book Page 36


Last Will and Testament of G. E. White

Last will and testament of G. E. White Dec'd

Chattanooga, Tenn Nov 3, 1910

I the undersigned do in this writing express my last will which is that at my death anything that I may be possessed both in real [and] personal property be given to my youngest surviving Sister.

G. E. White

[*Note: The following is found on a loose page inserted into the Will Book]

State of Tennessee}

James County}

In the county court of James County.

In the matter of the probate of the last will and testament of G.E. White, Deceased -

Before me E. C. Smith Chairman of the county of James County, Tennessee. Personally appeared in open court O. F. Jones, J. E. Arms, G. E. Longley to me personally known to be credible witnesses and who being first duly sworn and examined by me and do depose and say that each knew G. E. White who died in Hamilton County, Tennessee on March 19th 1917 for many years before his death that they had carefully examined the last will and testament dated Nov 3rd 1910 that said will and each word thereof are wholly in the hand writing of the deceased said will being found among his valuable papers that said writing appears to be the last will & testament that his name is subscribed to said will that the hand writing appears of said Deceased is and was well known by them personally.

[reverse side of insert]

O. F. Jones

G.E. Longley

J. E. Arms

Sworn and subscribed to before me this 22 Sept 1917

E.C. Smith, Chairman

(The following letter is also found inserted in the Will Book pertaining to this will.]

O. F. Jones,

520 Temple Court Building.

Chattanooga, Sept, 19th, 1917.

Mr J. A. Hall,

County Court Clerk,

Ooltewah,Tenn.

My Dear Sir:-

I will be there Saturday next to attend to some business with you in your Office. Thought best to advise of my coming. I will not get to your office until in the afternoon on account of waiting on some gentlemen who will meet me there between two and three O'clock.

Yours very truly,

O. F. Jones [signed]

James County, Tennessee Will Book Page 36


Friedman, Leo 

 No. 18047
State of Tennessee
Chancery Court of Hamilton County
To the Creditors of the Estate of Leo Friedman, deceased:
In obedience to an order made by the Chancery Court at Chattanooga, in the case of Tokheim Oil Tank and Pump Company VS W. B. Schwartz, Administer et al., the creditors of the estate of Leo Friedman, deceased, and all other persons interested in his estate, are hereby notified to have themselves made parties to said cause and exhibit their demands within the time prescribe by law or their claims will be barred.
This order will be published for four successive weeks, in the Chattanooga News, a newspaper published in the city of Chattanooga, Tennessee.
This 20th day of April, 1920
Sam Erwin, C. & M.
P. E. McMillon, D. C. & M
The Chattanooga News - May 1, 1920

Rogers, James  
The Insolvency of the estate of James Rogers

The State of Tennessee, Hamilton County The Insolvency of the estate of James Rogers, deceased, having been suggested, all persons having claims against said estate are hereby notified to file the same with the Clerk of the County Court of said county, properly authenticated, within the time prescribed by law or they will be forever barred. Feb 9 – law4w William Rogers, Adm’r of James Rogers, deceased Chattanooga Daily Rebel – February 12, 1863 


Stone, William 

Insolvency of the Estate of William Stone
State of Tennessee, Hamilton County
The Insolvency of the Estate of Wm. Stone, dec'd, having been suggested all persons having claims against said Estate, will file them with the Clerk of the county Court of said county, properly authenticated, within the time prescribed by law, or they will be forever barred.
Peter Monger
Administrator of Wm. Stone, Dec'd

Chattanooga Daily Rebel - March 3, 1863

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