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John Gillespie, 1869

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. III
Aug 1842 - Aug 1870

(Page 434) 

I John Gillespie being of sound mind, but advanced in years, do make and publish this my last Will and Testament hereby revoking and making void all other wills by me at any time made.

First. I direct that my funeral expenses and all my just debts be paid out of any monies that I may die possessed of, or may first come into the hands of my Executor.

Second. I will and bequeath all the property both real and personal that I may die possessed of including that I now own or may hereafter own to my beloved wife Dolly Gillespie, as a loan for and during her natural life, and at her death to be disposed of as herein after directed.

Third. At the death of my wife, should she be the longest lived and should she not, at my death I will and bequeath all property both real & personal including the increase of the property during the life of my wife, not used by her in her support, to my grandson William Day, son of my daughter Elizabeth Day, to him and to his heirs forever. I have given off to my children as much as I am able and having raised my said grandson, I desire that he should inherit all my property at my death and the death of my beloved wife.

Lastly.  I do hereby nominate and appoint my nephew George Marion Gillespie, my Executor to this my last Will and Testament with full power and authority to carry out and execute the same. In testimony whereof I have hereto set my hand and seal this the 8th day of November A. D. 1852. John Gillespie (Seal)

Inscribed and executed in our presence and we have set our names as witnesses to the same at the request of the Testator and in his presence and the presence of each other, on the day and date written to the will.

John W. Head

Pascal Head

I John Gillespie do make and publish this as my first codicil to my will made by me on the 8th day of November 1852 being the same as on this sheet. I hereby nominate and appoint my friend George T. Brown my Executor to my last will and testament in the room and instead of George Marion Gillespie who is therein named as Executor, thereto with full power and authority to execute the same and in this respect I revoke my said will, but ratify and confirm the same in all other respect, & except in this further particular, I give to my beloved wife should she be the longest lived all my household furniture absolutely, to be at her disposal except a bed, bedstead & furniture, which my said grandson is to have at her death or sooner if she gives it off to him. The balance of the property I may die possessed of is to go to my said grandson as is provided in my said will. Given under my hand and seal this 18th May 1854. John Gillespie (Seal)

We have this day set our names to the above codicil as

(Page 435)

witnesses at the request of the Testator and in his presence and the presence and the presence of the Testator, the 18th day of May 1854.

Jo. W. Head

James J. Turner

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said County, John Gillespie the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing will & codicil upon the day it bears date and the purposes therein contained. Witness my hand at office this 14th day of July A. D. 1857. John L. Bugg, Clerk of Sumner County Court

State of Tennessee, Sumner County - I R. D. Moore, Register for said County do certify that the foregoing will, codicil and probate are duly registered and examined at my office in Book ? page 696 & 697 this 17th day of July A. D. 1857. R. D. Moore, Regr. S. County.

State of Tennessee, Sumner County Court January Term 1869.

The last Will and Testament of John Gillespie was this day produced in open Court and duly proved by John W. Head, J. J. Turner, and John Clendenning, who being duly sworn said Head and Turner stated  that they were personally acquainted with the Testator, that they witnessed the Codicil to the will in his presence and at his request, and he was of sound mind at the execution of the same. And said Head deposed that he witnessed the will at the request of the Testator and in his presence, and that he was of sound mind, and said Head, Turner, and Clendenning deposed that they are well acquainted with the hand write of Pascal Head the other subscribing witness to the will, and said signature is in the hand write of said Pascal Head and that he is now living in Texas. It is ordered by the Court that said will be received and held valid as the will of said John Gillespie. And there upon came G. T. Brown the Executor named together with J. W. Head and R. G. Gillespie his securities in open Court and entered into and acknowledged their bond to the State of Tennessee in the penal sum of five hundred dollars conditioned according to law, and thereupon the said Geo. T. Brown was duly qualified.

A Copy Attest- Lee H. Alley, Clerk


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