Will of J. Wilkes King |
August Term Giles County Court 1907 J. Wilkes King Will I, J. Wilkes King, of Giles County, Tennessee, being of sound mind and disposing memory, do make and publish this as my last will and testiment, hereby revolking and making void all other will or wills heretofore made by me. Item 1st: I direct my executor, hereinafter named, to pay all of my debts and my funeral expenses as soon as practicable after my death, and out of the first money coming to his hands belonging to my estate. Item 2nd: I hereby give to my wife Mattie L. King my five year old mare, named "Ida" and this mare will not be sold with the other personal property hereinafter directed sold. Item 3rd: I hereby give and devise to my wife Mattie L. King for and during her natural life the tract of land on which I now live, situted in the 9th civil district of Giles County, Tennessee, containing 169 acres, and is knowned as "Home Place" and in the same tract of land I purchased at the sale of my deceased father, Griffin L. King. At the death of my said wife I direct my executor to sell said tract of land on such terms as he deems best, and out of the proceeds of sale he will pay first to my daughter Annie Zelma King the sum of Five Hundred Dollars then to Essie King, my daughter $300.00, then to Thos Nigel King, my son $300.00, and after paying these special bequests, the balance, if any, will be divided equally between my children Wm Griffin King, Mrs Sallie A. Smith, Thos Nigel King, Essie King, and Annie Zelma King. Item 4th: My lands are under Mortgage to the Union Central Life Insurance Company for about $800.00 and I want this debt paid as soon after my death as possible. To this end I direct my Executor to see my personal property, not herein specifically disposed of, together with the rents and profits from my lands, converting all of same to cash, and he will pay said mortgage debt first, so as to leave the lands unencombered, and such personal property as he may not dispose of by November 1, 1908, he will imediately sell same and I give him full powers to sell either privately or publically, and for cash or on time, leaving it all to my said executors sound judgement. Item 5th: I give and demise to my wife Mattie L. King all of my household and kitchen furniture to be hers absolutely, and my Executor will not sell the same. Item 6th: I own almost 300 acres of land other than my homeplace, refered to in the 3rd item of this will. This land is situated in the 9th Civil District of Giles County, Tennessee, lying adjacent to the lands of Halloway, Watson, Bledsoe, Johnson, & Hardy where of my deeds of record are here refered to. I desire my two sons cultivate this land during the year 1908, and a sale of this 300 acres being all of my lands other than the 169 acre homeplace be made by my Executor during the fall of 1908, and such terms as he deems best, but so as to give the purchaser possession January 1, 1909, and if it should become necessary to use any of the proceeds of sale of said land for the payment of my debts, he will use the same accordingly. And my Executor will sell said land either as a whole of by subdivisions, as he thinks best, and I give my Executor full power to execute all necessary deeds to said lands perfecting little in the purchism. And after paying all depts and costs of administration, any balance of funds arising from sales personally meets profits of lands and the proceeds of said lands out of the same, my Executor will pay to Wm Griffin King $300.00, to my daughter Sally A. Smith, wife of E. F. Smith, $150.00, I have already given her $150.00. To Essie King, my daughter,$100.00, and to my younger daughter Annie Zelma King, $150.00. And after paying these special bequests, all the rent and residue of the funds he will pay equally to Wm Griffin King, Mrs Sally Smith, Thos Nigel King, Essie King, Annie Zelma King, and my wife Mattie L King. In case any beneficiary under this will should die leaving issue surviving him or her, the issue of such deceased beneficiary will take as the parent would have done if living. Item 7th: The properity herin given my daughters is given to them, and each of them, as a sale and seperate estate free from the debts contracts, control, liability, tenancy by the curtesy or marrital rights of any husband they or either of them may ever have and with full power of disposition in each of them as though she were a feme sole. Item 8th: The provisions herein made for my wife Mattie L King are in full of her rights to homestead and dower in my real estate, exemptions years support and distributive share in my personal estate. Item 9th: I omitted to state that I own 7 acres of land situated in the 20th Civil District of Giles County. I direct my executor sell this land and divide the proceeds as provided in item 6th of this will. Item 10th: Any and all other property of which I may die seized and possessed and not herein disposed of, I direct my Executor sell same and divide the proceeds as directed in item 6th of this will. Item 11th: My Executor will use his own judgement in making the sales herein directed, and especially in selling live stock, selling from time to time such live stock as may not be needed on the farm. Item 12th: I direct my Executor to pay for suitable grave stone and have the same erected over my grave, and the graves of my family, four members who have predeceased me. I hereby nominate, constitute and appoint my brother Andrew L King, Executor of this my will, with full power to carry out its provisions and I request him to accept the testament. This July 2nd 1907 J Wilkes King This paper writing was signed by the testator, who declared the same to be his last will and testament and in his own right and presence and at his request and in presence of each other, we signed the same as uttesting and subscribing witnesses, This July 2nd 1907. Hugh Nillinson Frank Wilkinson E E Eslick Probated Aug 5th, 1907 J W Flournoy, Clerk |
Submitted by Tom King