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J. L. Perry, 1882

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

Transcribed by Linda Carpenter
©2002

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

(Page 252) 

On the - day of Oct 1882 J. L. Perry deceased, in his last sickness, at his own home in Sumner County, Tenn. declared in the presence of the undersigned whom he especially requested to bear witness thereto that his will was as follows: That after his death all of his just debts if any should be paid out of his property. That all the remainder of his property of every description he gave to his two minor sisters Katie and Clennie Perry, be divided between them equally. The said J. L. Perry died on the 24th day of October 1882 in the County of Sumner.

Written and signed by us Nov 1st 1882.

Samuel Perry

W. H. Mason

M. J. Perry

Test - M. S. Elkin

On the 16 day of November 1882, in the Court House, in the Town of Gallatin, Tenn., in the office of the County Court Clerk, before the County Court of Sumner, the will of J. L. Perry deceased was offered for probate. And appearing to the Court that process was regularly

(Page 253)

issued from this Court summoning & notifying the next of kin (he never having been married) to appear on the said 16th day of Nov 1882 to contest the probate of said Will: And it appearing that the said summon & notice was executed upon all the next of kin of the said J. L. Perry, deceased, and they appeared, and that the same was contested by Peggy and John H. Perry only: and it appearing to the Court that the personal estate of the deceased J. L. Perry, does not exceed the sum of two hundred and fifty dollars; that he died in this County on the 24 day of October 1882; that a short time prior to his death & in his last sickness, in his own habitation where he had been residing for many years prior to his death, he declared & made his will in the presence of Samuel Perry, W. H. Mason, M. J. Perry, Katie & Clenny Perry; that W. H. Mason, M. J. Perry, Katie & Clenny Perry, were especially required to bear witness thereto by the Testator himself; that Samuel Perry, W. H. Mason & M. J. Perry, within ten days after the death of the said J. L. Perry, deceased, reduced the same to writing and signed the same, and that more than fourteen days have elapsed since the death of the said J. L. Perry; and it further appearing to the Court that Samuel Perry, W. H. Mason, & M. J. Perry the subscribing witnesses to the said will and proving the same are disinterested & competent both under the common law & the statutes of this State. And it appearing to the Court from the sworn statements of the aforesaid subscribing witnesses that the proper writing produced & signed by Samuel Perry, W. H. Mason, & M. J. Perry, & bearing date of Nov 1st is the last Will & Testament of J. L. Perry deceased & that he devised his estate to his minor sisters Katie & Clenery Perry. It is therefore ordered & adjudged by the Court that said writing presented is the last Will and Testament of the said J. L. Perry deceased, & that the

(Page 254)

same be recorded in the will book of this Court by the Clerk of this Court, & that the cost of this proceeding be paid out of the estate of the said J. L. Perry deceased. The proponents of the will moved the Court to permit Katie & Clenry Perry, to sign said will, as subscribing witnesses, which the Court declined thinking it unnecessary. This entry should have appeared upon the minutes of the Court for the 16th of Nov 1882, but the Court having taken the matter under advisement, the same is now entered for them.

Copy Test - O. H. Foster, Clerk

* Below is the transcription of the Sumner County, TN Original Will  (#625) and other loose record documents pertaining to the above J. L. Perry Nuncupative Will.

State of Tennessee, Sumner County Court. To the Sheriff of Sumner County. You are hereby commanded to summons, T. Y. Perry, W. H. Perry, Martha Jane Trout & husband George Trout, Jr., Peggy Perry & husband John H. Perry, Katie & Cleny Perry to be and appear before the County Court of Sumner County at the Court House in Gallatin, Sumner County, Tenn. on Thursday the 16th day of November 1882; at which time the nuncupative will of J. L. Perry will be offered before said Court for establishment & probate, & at which time & place you as the next of kin of said J. L. Perry can offer, contest same & resist the probate of same. You are therefore commanded to make these facts known to the above named persons by reading source to them & return source on or before said 16th of November 1882. This 10th Nov 1882. O. H. Foster, Clerk

You are also commanded to summons Mrs. Mary Jane Perry, Wm. Mason, Jr., & Samuel Perry to be & appear before the County Court of Sumner at the Court House in Gallatin, Tenn. on Thursday the 16th Nov 1882 to testify concerning the establishment & probate of the nuncupative will of J. L. Perry deceased. This Nov 10th 1882. O. H. Foster, Clerk

On the - day of October 1882 J. L. Perry, deceased, in his last sickness, at his own home in Sumner County, Tenn., declared in the presence of the undersigned whom he especially requested to bear witness thereto, that his will was as follows:

That after his death all of his just debts, if any should be first paid out of his property.

That all the remainder of his property of every description he gave to his two minor sisters Katie and Cleny Perry, to be divided between them equally.

The said J. L. Perry died on the 24th day of October 1882 in the County of Sumner.

Written & signed by us Nov 1st 1882.

Samuel Perry

W. H. Mason

M. J. (her mark) Perry

Test - M. S. Elkin

On the 16th day of November 1882, in the Court House, in the Town of Gallatin, Tenn., in the office of the County Court Clerk, before the County Court of Sumner, the will of J. L. Perry deceased was offered for probate. And appearing to the Court that process was regularly issued from this Court summoning & notifying the next of kin (he never having been married) to appear on the said 16th day of Nov 1882 to contest the probate of said Will; and it appearing that the said summon & notice was executed upon all the next of kin of the said J. L. Perry, deceased, & they appeared, and that the same was contested by Peggy and John H. Perry only; and it appearing to the Court that the personal estate of the deceased J. L. Perry, does not exceed the sum of two hundred and fifty dollars; that he died in this County on the 24 day of October 1882; that a short time prior to his death & in his last sickness, in his own habitation where he had been residing for many years prior to his death, he declared & made his will in the presence of Samuel Perry, W. H. Mason, M. J. Perry, Katie & Cleny Perry; that W. H. Mason, M. J. Perry, Katie & Cleny Perry, were especially required to bear witness thereto by the Testator himself; that Samuel Perry, W. H. Mason & M. J. Perry, within ten days after the death of the said J. L. Perry, deceased, reduced the same to writing & signed the same, and that more than fourteen days have elapsed since the death of the said J. L. Perry; and it further appearing to the Court that Samuel Perry, W. H. Mason, & M. J. Perry the subscribing witnesses to the said will & proving the same are disinterested & competent both under the common law & the statutes of this State. And it appearing to the Court from the sworn statements of the aforesaid subscribing witnesses that the proper writing produced & signed by Samuel Perry, W. H. Mason, & M. J. Perry, & bearing date of Nov 1st is the last Will & Testament of J. L. Perry deceased & that he devised his estate to his minor sisters Katie & Cleny Perry. It is therefore ordered & adjudged by the Court that said writing presented is the last Will & Testament of the said J. L. Perry deceased, & that the same be recorded in the will book of this Court by the Clerk of this Court, & that the cost of this proceeding be paid out of the estate of the said J. L. Perry deceased. The proponents of the will moved the Court to permit Katie & Cleny Perry, to sign said will, as subscribing witnesses, which the Court declined thinking it unnecessary. This entry should have appeared upon the minutes of the Court for the 16th of Nov 1882, but the Court having taken the matter under advisement, the same is now entered for them.

Copy Test - O. H. Foster, Clerk

 


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