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Fred A. Kelly, Sr. 1941

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

Transcribed by Jan Barnes
©2005

Will Book IX
Pages 419 - 422

------ LAST WILL AND TESTAMENT OF FRED A. KELLY, SR. - - - - - -

I, Fred A. Kelly, Sr., of Sumner County, Tennessee, do make and publish this my last will and testament, hereby revoking all former wills by me at any time made.

Item 1.  I will and direct that my funeral expenses, and my just debts, if any, be paid.

Item 2.  I give and devise to my wife, Mrs. Allie Kelly, absolutely, in fee simple forever, the following described tract of land, to-wit:  Situated in the Third Civil District of Sumner County Tennessee and bounded as follows: On the north by Oglesby; on the east by John B. Swaney; on the south by the Cairo Road, on the west by Oglesby, and containing fourteen (14) acres, more or less.  My dwelling house, barn and outbuildings are located on said tract of land, and said land is a part of the land conveyed to me by Mrs. Augusta R. Brown, and others by deed dated November 19, 1920, and of record in Deed Book 86, page 352, in the Register's office of Sumner County, Tennessee, and is all of said land which lies on the north side of the Cairo Road.

I also give and bequeath to my said wife, Mrs. Allie Kelly, all of my household and kitchen furniture, furnishings and ware, absolutely.

Item 3.  I own a tract of land situated in the Third Civil District of Sumner County, Tennessee, and containing one hundred and sixty (160) acres, more or less, and consisting of a part of the land conveyed to me by Mrs. Augusta R. Brown and others by deed of record in Deed Book 86, page 352, in the Register's Office of Sumner County, Tennessee, as aforesaid, and being all of said land lying on the south side of the Cairo Road, and also the tract of land containing thirty-three (33) acres conveyed to me by Dr. W. H. Wynne and wife, Charlotte C. Wynne, by deed dated November 10, 1922, and of record in Deed Book 90, page 220, in the Register's office of Sumner County, Tennessee and also the tract of land containing eighteen and two-tenth (18.2) acres conveyed to me by E. H. Parker and wife, Lily Parker, by Deed dated December 14, 1922, and of record in Deed Book 90, page 316, in the Register's Office of Sumner County, Tennessee, I hereby will and direct that my executors herein named shall manage said land and keep the same properly leased to competent and responsible lessees, and make annual leases thereof in writing, containing such terms and provisions as will improve and conserve the soil and guard and protect said land so far as practicable against abuse and depreciation.

Out of the income derived from said land my said executors will pay the taxes and insurance and the reasonable and necessary expenses for repairs and upkeep, a reasonable compensation to themselves for their services in the care and management of said land, and the remainder of the income derived there from during the lifetime of my said wife, Mrs. Allie Kelly, I give and bequeath to her, my said wife, absolutely, and my executors shall pay over and deliver same to her annually.

Item 4.  I will and direct that my executors herein named shall have the care, custody, control and management of all my personal property, except that portion thereof herein given to my wife as aforesaid.  My said executors shall keep my personal property safely invested and collect the interest and income derived therefrom.  And they are hereby fully authorized and empowered to sell any of my securities whenever at any time they may think it is advisable to do so; and they shall reinvest the proceeds thereof in other sound securities.

Out of the income derived from my personal property my executors will pay any taxes that may be assessed against my personal property, and will pay themselves reasonable compensation for their services in handling and managing the same.  And all the remainder of the income derived from said property during the life time of my wife, Mrs. Allie Kelly, I give and bequeath to her, my said wife, absolutely, and my said executors shall pay the same over to her as collected.

Item 5.  I will and direct that at the death of my said wife my executors herein named shall sell all of my land and real estate, except that portion thereof herein devised to my said wife, as soon as practicable.  But if the market for real estate is at that time unfavorable or depressed and said real estate cannot at that time be advantageously sold, then they shall postpone the sale thereof until conditions improve, and I do not want same sold at a sacrifice.  They will, however, exercise their own judgment and discretion as to the proper time to sell the same.  My said executors are hereby authorized and empowered to sell my above described real estate, and any other real estate I may own at the time of my death, except that portion thereof herein devised to my said wife as aforesaid, for such price and on such terms as they may in their judgment determine to be for the best interest of my estate; and they are hereby fully authorized and empowered to execute and deliver to the purchaser thereof a general warranty deed, conveying the absolute, fee simple title thereto, and to execute any and all instruments and to all things that may be necessary for the purpose of selling and conveying my real estate, and collecting and purchase money thereof.

And at the death of my said wife my said executor are also hereby authorized, empowered and directed to sell all of my personal property, except that portion thereof herein given to my wife as aforesaid, and convert same into cash.  And they are hereby authorized to do all things that may be necessary for the purpose of selling said property and collecting the purchase money therefor.

Item 6.  I give and bequeath to my son, Fred A. Kelly, Jr., the sum of Forty-five Hundred Dollars ($4500.00).

Item 7.  I give and bequeath to my son, Charles H. Kelly, the sum of Six Thousand Dollars (6,000.00).

Item 8.  I give and bequeath to my daughter, Mrs. Lucile Kelly Knowles, the sum of Five Thousand Dollars ($5,000.00).

Item 9.  I give and bequeath to my daughter, Mrs. Louise Kelly Mattox, the sum of Seven Thousand Dollars ($7,000.00).

Item 10.  I will and direct that the legacies give in Items 6, 7, 8 and 9, as aforesaid, be paid after the death of my said wife and after my property has been sold by my executors as aforesaid, and that said legacies be paid by my executors out of the proceeds of sale of my property as aforesaid.  I have during my lifetime made gifts to my sons, John Frank Kelly, Ottis Kelly and Pruett A. Kelly, at times when they needed the same, and for that reason I do not make any specific bequests to my sons, John Frank Kelly, Ottis Kelly, and the children of my deceased son, Pruett A. Kelly.

Item 11.  After the legacies mentioned in Items 6, 7, 8 and 9, as aforesaid, have been paid, I give, devise and bequeath the remainder of the proceeds of sale of my property and estate, real, personal and mixed, of every character and kind, and wherever situated, to my children and the children of my deceased son, Pruett A. Kelly, absolutely, in fee simple forever, and in the following proportions, to wit:  To my children, Fred A. Kelly, Jr., John Frank Kelly, Charles H. Kelly, Mrs. Lucile Kelly Knowles, Mrs. Louise Kelly Mattox and Ottis Kelly, each one-seventh; and to the children of my deceased son, Pruett A. Kelly, namely:  Mary Katherine Kelly, and Pruett A. Kelly, Jr., each one fourteenth.  And in the event any of my above named children predecease me and die in my lifetime, leaving issue, then the children of such deceased child shall have and receive the share their deceased parent would have taken under this will.

Item 12.  I hereby nominate and appoint my sons, Fred A. Kelly, Jr., and Charles H. Kelly, as executors of this my last will and testament, and they are excused from giving any bond or security as such, and shall not be required to execute any bond or security as such executors.  And in the event of the death of one of my said executors before my estate has been finally settled and distributed, then the survivor shall have full power to execute this will and shall have and be clothed with all the powers, authority and discretion which is herein vested in and conferred upon them jointly.

In witness whereof, I have hereunto set my hand, this the 27th day of April, 1937.

F. A. Kelly, Sr.

Signed by the said Fred A. Kelly, Sr., 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, have subscribed our names hereto as attesting witnesses, the day and date above written.

A. B. Perkins
H. H. West

WILL OF FRED A. KELLY, SR., DECEASED

Be it remembered that on this the 16th day of January, 1941, before the Honorable T. S. Butt, Chairman of the County Court of Sumner County, Tennessee, Fred A. Kelly, Jr., and Charles H. Kelly, the executors named therein, produced in open court a type-written paper purporting to be the last will and testament of Fred A. Kelly, Sr., lately deceased, bearing date of April 27, 1937, having the name of Fred A. Kelly, Sr., signed thereto and being subscribed by A. B. Perkins and H. H. West as attesting witnesses, and moved the Court that the same be admitted to probate and record as the last will and testament of the said Fred A. Kelly, Sr., deceased, and it appearing to the court from the testament of the said A. B. Perkins and H. H. West the subscribing witnesses, that said typewritten paper was written in the lifetime of the said Fred A. Kelly, Sr., and signed by him and subscribed in his presence and at his request by the said A. B. Perkins and H. H. West as attesting witnesses, and that said instrument was executed by the said Fred A. Kelly, Sr., 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 one years of age and it further appearing that the said Fred A. Kelly, Sr., lately died in Sumner County, Tennessee, and that his home and 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 Fred A. Kelly, Sr., deceased and the same is hereby admitted to probate as such, and the Clerk is directed to file and record the same.

And the said Fred A. Kelly, Jr. and Charles H. Kelly being named in said will as the Executors thereof appeared in open Court and accepted the appointment and being excused from executing bond under said will was duly qualified and letters testamentary ordered issued to them.  


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