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Dickenson D. Austin, 1871

TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904

Transcribed by Jan J. Barnes

County Court Clerk's Office
Will Book - Vol. IV
Oct. 1870 - April 1891

Page 136

In the name of God Amen.  I Dickenson D. Austin being far advanced in age and near my death do make this my last will and testament revoking all other wills by me at any time made.  In the first place I desire that all my just debts and funeral expenses be paid out of any moneys on hand or that shall first fall or come into the hands of my executor.

2ndly   to my wife Emily B. Austin I give all of my perishable property after my debts are satisfied out of it.  I also give her E. B. Austin
ninety acres of land measuring clear across my tract on the East and including the Mansion House to have during her natural life then to be equally divided between my children.

3rdly   I bequeath and give to my daughter Sally Anderson fifty six and 2/3 acres (56 2/3) and to John Anderson her husband ten acres for which he has paid me the two parcels making Sixty Six and two thirds acres lying on the West boundary line but to run from the North West corner on the branch East only so far as to include a sufficiency of stock water etc. thence South six poles thence East and South for complement so as to make Sixty Six and two thirds.  The ten acres to John Anderson as above named he holds my title bond for.

4thly   I bequeath and give to my daughter Lucy Jane Payne fifty six and two thirds acres of land lying East of the land given to Sally Anderson and East of John Austins land on  the North of the branch running across my whole tract

Page 137

including his former residence and East so as to include and make fifty Six and two third acres.

5thly    I give to my daughter Mary Elizabeth Payne and to the heirs of her body at her death fifty Six and two third acres of land lying East of the land given to Lucy Jane running across the whole tract also and East so as to make the fifty Six and two third acres.  The land containing fifty Six and two third acres that I give to Sally Anderson I value at (12.00) twelve dollars per acre and the same amount to Lucy Jane Payne at twelve dollars ($12.00) per acre and the same amount to Mary Elizabeth Payne at ten dollars $10.00 per acre.  Now my desire and will is that they whose land is worth the most pay over in money to the other so that all will be equal .  Signed sealed and acknowledged this 11th day of February 1871 in the presence of attestees.                                 Dickenson D. Austin (Seal)
J. D. Harris
W. T. Harris
I appoint James T. Austin Executor this February 11th 1871.
                                                                                             D. D. Austin

State of Tennessee
Sumner County Court March Term 1876
The last will and Testament also the codicil or the attached above appointment of James T. Austin as Executor of Dickenson D. Austin dc'd was this day produced in open court for probate and was duly proven by the oaths of J. D. Harris

Page 138

and W. T. Harris subscribing witnesses and witnesses thereto which is received by the Court and ordered to be recorded.  James T. Austin the Executor named in the annexed paper or codicil appeared in open court and accepted the execution of the same thereupon said Jas. T. Austin together with his securities J. D. Harris and W. T. Harris appeared in open court and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Seven Hundred & Fifty Dollars conditioned as the law directs and said J. T. Austin was duly qualified.

Copy - Attest
Jesse Cage Clerk  

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