TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
County Court Clerk's Office
Will Book - Vol. IV
Oct. 1870 - April 1891
I James Tally do make and publish this as my last Will and Testament hereby revoking and declaring void all other wills by me at any time made.
First. I direct that my funeral expenses and all my just debts be paid as soon after my death as possible.
Secondly. I give and bequeath to my wife Mary Tally as a dower interest in all of my real estate my Homestead tract of land excepting what is known as the Murray tract of land and also that portion of land lying between the Murray tract and the lands owned by my son Oscar Tally, to have and to hold during her natural life, at her death I direct that the same be equally divided among my children.
Thirdly. I desire that all of my property both real and personal be equally divided among my children after making those account for what I have advanced them during my life all of which I have kept are account of or have papers to show the exact amount advanced to each one except in the case of Aron Stintson and his wife Sarah L. Stintson, to whom I advanced the sum of five hundred dollars during their natural lives.
Fourthly. I desire that the sum of one hundred and twenty one dollars and eighty cents be paid out of my estate to the heirs of Judea Sloan (my daughter) over and above their interest the same this being the amount in my hands belonging to them coming from the
estate of their Father Joseph Sloan and their Mother Juda Sloan.
Fifthly. I do hereby authorize and empower my Executor with full authority in due time after my death to publicly sell all of my property both real and personal, the personal property to be sold on a credit of twelve months unless it be small sums which will be sold for cash my real estate. I direct to be sold by my Executor publicly for distribution upon a credit of one and two year notes with good personal security being required, with such cash payment as may be deemed sufficient by my Executor he being required to give bond in double the amount of my property both real and personal (to be sold for distribution) before he is qualified for the discharge of his duties.
Sixthly. I hereby nominate and appoint John M. Durham my Executor to this my last Will and Testament. Signed Nov. the 24th 1874. James Talley
J. W. Black
W. M. Durham
State of Tennessee, Sumner County Court January Term 1882
The last Will and Testament of James Talley, deceased was this day presented in open Court for probate was duly proven by the oaths of J. W. Black, and W. M. Durham, subscribing witnesses thereto, which is received by the Court and ordered to be recorded. And the death of John M. Durham, the Executor named in the will being suggested the Court, R. B. Durham was appointed Administrator with the will annexed: he appearing in open Court and accepting the same. Therefore came said
R. B. Durham, together with his securities, B. J. Talley, and J. W. Black, into open Court and entered into and acknowledged their bond to the State of Tennessee, in the penal sum of Three thousand Dollars, conditioned as the law requires and said R. B. Durham, as Administrator aforesaid was duly qualified.
Copy Test - O. H. Foster, Clerk