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. V
Feb. 1891 - July 1904
I, E. B. Head, being of sound mind and disposing memory
do make and ordain this as my last will and testament, hereby revoking all
other wills by me at any time made.
First I direct that all my just debts shall be paid out of the first monies that may come into the hands of my executor.
Second I will and bequeath to my grandsons, Graham and Charles Head, the children of my deceased son Lee Head one half of all my estate to their sole and separate use, and if I should die before they become of age, I hereby nominate and appoint Mr. Thos. H. King to manage and invest what I herein have given them for them and if he should refuse to qualify and act, then I direct that the County Court shall appoint some one to manage it for them, who is not connected with the Gillespie family. Should Charles, Graham die without having children, then I direct that what I have given them herein shall descend and go to my heirs at law.
Third I direct that the remaining half of my property be divided equally between Mrs. Etta Miller, John Head my son, Ada C. Peay and Etta , Evie, and Willie Weisiger the children of Joseph Weisiger Jr. Mrs. Miller to have one fourth, Jno. Head to have one fourth, Mrs. Peay to have one fourth and the Weisiger children to have on fourth.
Fourth What I have given to Mrs. Miller herein I give to her sole and separate use free from the control, debts or contracts of any future husband she may have.
Fifth I direct that what I have given the Weisiger children herein shall be to their own use, and shall be managed for them by some one appointed by the County Court not connected with the Weisiger family and should they all die without leaving children then what I have given them herein to descend to and go to my heirs at law. What I have given Etta and Evie Weisiger herein I give and bequeath to them free from the contracts, control or debts of any husbands they may have.
Sixth What I have given to Mrs. Ada Peay herein I
give to her sole and separate use free from the control contracts or debts
of her present or any future husband. My son Lee Head at his death
was indebted to Mrs. Ada Peay in the sum of one thousand dollars now if this
is not paid her out of his estate at my death, I want it paid out of what
I have given his children Charles and Graham herein, but without interest.
Seventh I give to my daughter Mrs. Etta Miller my room furniture.
Eighth I give my bed clothing to Mrs. Ada Peay.
Ninth I give my large Bible to Etta Weisiger.
Tenth I give my breast pin to Evie Weisiger.
Eleventh I direct that my silver forks be divided equally one half to my daughter Mrs. Etta Miller and one half to Evie and Etta Weisiger.
Twelfth Should any one of my devisees make or cause any trouble about the disposition I have made of my property herein or set up any claim to any of my estate other than as is given them in this my will, I direct that they shall forfeit all claims to any of my estate and what I have given them herein shall descend to or go to my other heirs at law subject to the same conditions as the legacies herein given them. This 7th day of Feb. 1894. I nominate and appoint T. H. King as Executor of this my will.
E. B. Head
Signed sealed and published in our presence and we have subscribed our names hereto in the presence of and at the request of the testatrix.
W. A. J. Simpson
G. W. Boddie
Upon mature reflection I Mrs. E. B. Head desire to add the following codicil to the above will. I devise revoke clause seven above and to give my room furniture sewing machine, set of china, bed and bedding wardrobe, tables and wash stand & carpet to Mrs. Ada Peay.
Second Upon mature reflection and in consideration of my having given to my son the sum of $1000.00 the last time he went to California and the further consideration that he has a plenty, I desire to alter &
change clause "Third" of my above will in as to leave the portion of my
estate therein devised to Mrs. Etta Miller, Jno W. Head, Mrs. Ada Peay and
Etta, Evie and Willie Weisiger one fourth to each, so as to direct that they
same be give to Mrs. Etta Miller, Ada Peay and to Etta, Evie& Willie
Weisiger, one third to Mrs. Miller one third to Mrs. Peay and one third to
the Weisiger children, to have and to hold the same as expressed in clause
"Four" of my above will, which clause with all the rest of the above will
I hereby republish, except the clauses revoked or altered in the above codicils.
This 9th day of October 1897.
E. B. Head
Signed sealed and published in our presence & we have subscribed our names hereto in the presence of and at the request of th testatrix.
W. W. Pardue
Geo. W. Boddie
State of Tennessee
Sumner County Court December Term Dec. 12th 1898
A paper writing purporting to be the last Will and Testament of Mrs. E. B. Head dec'd was this day produced in open Court for probate when the same duly proven by the oaths of W. A. J. Simpson and Geo. W. Boddie subscribing witnesses thereto, and also a codicil to said Will was duly proven by the oaths of W. W. Pardue and Geo. W. Boddie subscribing witnesses thereto when said Will and Codicil were ordered filed and recorded as said last Will and Testament of Mrs. E. B. Head deceased.
A true copy
Harris Brown Clk.