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Dr. John W. Smart, 1941

TSL&A Microfilm - Roll #92
Probate Records (County or Chancery Court)
Wills Vol. 6-9; Nov. 1905 - Oct. 1942

Transcribed by Jan J. Barnes

I, J. W. Smart, being of sound mind do hereby make knowest and declare this to be my last will hereby revoking any former will.

1st   I will that all my just debts be fully paid including funeral expenses by my executor hereafter named out of the first money coming into his hands.

2nd  I will devise and bequeath my entire estate of which I may die possessed of both real estate and personal property and mixed wheresoever located or situated to my Beloved wife Cassie Etta Smart during her natural life and at death the same to pass to my son, W. D. Smart and his surviving children if any and at his death all property there remaining be converted into cash and divided equal as follows:  1/4 to J. W. Smart, 1/4 to Joyce Smart, 1/4 to Maggie Fergerson, 1/4 to Louise Smart and in case of the death of any of the 4 Legatees the surviving ones to inherit their share.  I will my Books and Accounts be put in a Collectors hands and what is collected on said Books and Acct. be equally divided between my daughter Ida Bell Smith and my son W. D. Smart.

3rd  I nominate and appoint W. D. Smart Executor of this my last will and excuse him from making bond and empower him to sell and transfer the Griffin Farm Consisting of 79 acres this Feb. 2, 1939.

                                                                              J. W. Smart, M. D.

At the request of the Testator as the undersigned witness that J. W. Smart signed the above will, that he signed it in our presence and we signed in the presence of each other, the day and year above written.
Henry Brinkley
A. E. Brinkley

Be it remembered that on this 22nd day of November, 1941, before the Honorable Thurman S. Butt, Judge of the County Court of Sumner County, Tennessee, W. D. Smart, the person named executor therein, produced in open court a hand-written paper purporting to be the last will and testament of J. W. Smart, lately deceased, bearing date February 2, 1939, having the name of J. W. Smart signed thereto, and being subscribed by Henry Brinkley and A. E. Brinkley, so attesting witnesses, and moved the Court that the same be admitted to probate and record as the last will and testament of the said J. W. Smart, deceased; and it appearing to the court from the testimony of the said Henry Brinkley and A. E. Brinkley, the two subscribing witnesses thereto, that said subscribed in his presence and at his request by the said Henry Brinkley and A. E. Brinkley, and attesting witnesses, and that said instrument was executed by said J. W. Smart on the day it bears date as and for his last will and testament, and that he was at the time of sound mind and disposing memory and was more than twenty-jone years of age; and it further appearing that the said J. W. Smart lately died in Sumner County, Tennessee, and that his usual place of residence at the time of his death was in said county, it is so adjudged.

And it is adjudged and declared by the court that said instrument is the true, whole and last will and testament of the said J. W. Smart, deceased, the same is hereby admitted to probate as such; and the clerk is directed to file and record the same.

And the said W. D. Smart named in said will as executor thereof, and being relieved or excused under the terms or said will from executing bond as such, in open court accepted said appointment, and having been duly sworn to faithfully perform said will.

It is, therefore, ordered by the court that the said W. D. Smart be clothed with all the powers and charges with all the duties pertaining to his execution of the said will, and that the clerk of this court issue letters testamentary according.

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