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J. M. Smart

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

Transcribed by Jan J. Barnes
©2002

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

Page 409

Last Will and Testament of J. M. Smart of the County of Sumner and State of Tennessee
In the name of God Amen!
Know all men that I J. M. Smart of the County and state aforesaid feeling that I cannot live a great while longer do make and publish this my last will and testament.
I give devise and bequeath.
Item 1st   I devise to my beloved wife Mary J. Smart all my real estate also my personal property and choose in action to my beloved wife Mary J. Smart after paying all my just debts,

Page 410

during her lifetime or widowhood.
Item 2nd  One request and requirement that I make of my wife Mary J. Smart is that she provides for my minor children as I have done for my older children.
The above mentioned minors are Charles A. Smart, Mary A. Smart, Virgil E. Smart, To wit to give them a common school education and to furnish each one horse and saddle and bridle.  And one trunk each and my boys an overcoat each in case my wife should not die until said minors become of age I want the land rented for the benefit of said minors.
When said minors become of age I want my effects sold and the proceeds divided equal between my beloved children to wit John M. Smart, James W. Smart, Charles A. Smart, Mary A. Smart, Virgil E. Smart.
The said J. M. Smart signed and sealed this instrument and published and declared the same as and for his last will and we at his request and in his presence and in the presence of each other have hereunto written our names as subscribing witnesses.
It is my request that my sons John W. Smart and James M. Smart be my Executors.
J. M. Smart
G. L. Belcher
J. W. Smart
G. E. Alderson
State of Tennessee
Sumner County Court October Term 1887

Page 411

The last Will and Testament of J. M. Smart Decd was this day produced in open Court for probate and duly proven by the oaths of J. W. Smart Sr. and G. L. Belcher two of the subscribing witnesses thereto where it is received by the Court and ordered recorded, J. W. Smart Jr. and J. M. Smart Jr. having been named in said will as the executions thereof this day together with their securities J. W. Smart Sr. and G. L. Belcher appeared in open Court and accepted the same and entered into, and acknowledged their bond to the State of Tennessee in the penal sum of Five Hundred Dollars conditioned as the laws directs and the said J. W. Smart Jr. and J. M. Smart Jr. as Executors aforesaid were duly qualified and the Clerk ordered to issue them Letters Testamentary.
Copy Test                                                               Harris Brown Clerk


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