TSL&A Microfilm - Roll #92
Probate Records (County or Chancery Court)
Wills Vol. 6-9 ; Nov. 1905 - Oct 1942
Transcribed by Jan Barnes
County Court Clerk's Office
Will Book - Vol. VII
Aug 1915 - March 1924
Pages 146 - 153
I, John T. Branham, do make and publish this my last will and testament hereby revoking any others by me, heretofore at any time made.
Item I. A direct my Executors out of the first moneys that come into their hands, to pay in full, my funeral expenses and any debt or debts that may be owing by me at the time of my death.
Item 2. I desire markers to be placed at the head and foot of my grave and direct my Executors hereinafter named to purchase Substantial and lasting, but plain and desire and direct that not exceeding One Hundred and Fifty ($150) Dollars be expended in purchasing and erecting these markers.
Item 3. I own a tract of land containing about two hundred and seventy five (275) acres in the Third Civil District of Sumner County, Tennessee, on the Hartsville Pike, about one and one-half miles from the town of Gallatin.
I also own about fourteen acres, comprising land which was purchased from E. M. Baggett, and the old toll house property on the Hartsville Pike, which tract is bounded on the north by J. B. Malone, on the east by Womack and Harsh, on the South by the Hartsville Pike, and on the west by J. B. Malone. Both of these tracts of land, I hereby authorize, empower, and direct my Executors as soon after my death as they deem best and advisable, to sell for cash, or on such terms as to them may appear to be for the best interests of my estate, and when sold, I desire the proceeds to be divided as directed in Items 4 and 5 of this Will.
I hereby fully empower my Executors to make title to this land to the purchasers as purchasers by proper conveyance as full and completely as I myself could do; and in the event either of the Executors hereinafter named should die or fail to qualify, I authorize and empower the remaining one to sell said land and make title to the same. In the event they both should die, or in the event they both should fail, for any reason to qualify, or in the event they both should for any reason cease to act, I desire and direct that an administrator with the will annexed be appointed by the County Court of Sumner County, Tennessee, and I hereby vest the such administrator with the will annexed the same power and authority to sell the lands hereinabove mentioned, and make title to same as is vested in my Executor or Executors, these lands to be sold publicly or privately, as in the judgement of the Executors may be thought best.
Item 4. I hereby bequeath to each of my grand nephews and nieces that is to say children of my nephews and nieces, the sum of Four Hundred ($400) Dollars apiece, and I direct my Executor or Executors to pay to them the sum of Four Hundred ($400) Dollars each.
In the event any of my grand-nieces or nephews shall have died before I die, leaving children, I desire and direct that the Four Hundred Dollars which would have gone to the parent, be given and paid over to such child or children, he, She, or they to take and receive only the four hundred dollars which would have gone to the parent (my grand-nephew or niece) had such parent survived me.
In this connection, I wish to say that I have given to my grand-nieces, Lizzie Head Bate, Birdie Head Bate, and Flora Head Witherspoon, daughters of my nephew Dr. J. B. Head, and to my grand nieces, Sadie Hall Hitchcock, daughter of my niece Mary Mentlo Hall, the sum of Two Hundred dollars each and to Clara Dunn Jones, daughter of my niece Nannie Mentlo Dunn, Three Hundred dollars ($300) and I desire that this sum, without interest, be deducted from the Four Hundred Dollars which is to be paid them or each of them under the provisions of this item of my will.
I have given some money to others of my grand-nieces, but for reasons of my own, I do not desire any of them, except those just above mentioned, to be charged with any amounts which I have heretofore given to them.
I further desire and direct, that in the event of my personal estate at the time of my death, after paying my funeral expenses and any debts that I may owe, is not sufficient to pay the amounts bequeathed to my grand nephews and nieces under this Item, my Executor or Executors make up any deficiency out of the proceeds of the sale of land authorized and directed to be made under Item 3 hereof; and said lands and the proceeds of the sale thereof, are hereby charged with the payment of the legacies bequeathed in this item of my will.
Item 5. It is my desire and I so direct, that after the payment of my debts, funeral expenses, and the legacies bequeathed under Item 4 of this will, the balance of my estate which remains shall be equally divided, share and share alike, among my nephews and nieces, that is to say: Elkana Head, Dr. J. B. Head, Judge H. O. Head, Jas. M. Head, Mrs. Flora Vertrees, Mrs. Attie Simpson, daughter of my sister Barthenia Branham Head; John Branham, Oscar Branham, Albert Branham, Wm. C. Branham, children of my brother Albert Branham; Chas. E. Bright, Mannie Bright, Mrs. Nannie Bright Gaines, children of my sister Mary Branham Bright; and Susie Mentlo Anderson, daughter of my sister Susan Branham Mentlo.
In the event any nephew or niece above mentioned shall die before I do, he or she shall take nothing under this will; neither shall any heir or representative of such nephew or niece who shall predecease me, take anything under this item of the Will, I having made provisions for the provisions for the children of my nephews and nieces under Item 4 hereof.
Any nephew or niece whose name is not contained herein, shall take no part of my estate under this item of the Will. For reasons of my own, I have purposely omitted certain of the children of my brothers and sisters, not desiring that they shall participate or share in the distribution of my estate.
In this connection, I desire to say that I have heretofore given to my nephew, Elkana Head, Five Hundred $500 Dollars; to my niece, Mrs. Flora Vertrees, One Hundred Dollars, and to my niece, Mrs. Attie Simpson, Three Hundred Dollars, and I desire that these amounts, without interest, be charged to each of them, and deducted from the portion of the estate which they would otherwise take under the item of the will.
Item 6. I hereby nominate and appoint my nephews, H. O. Head and Oscar Branham, my Executors, under this my last will and testament, and direct that no bond be required of them or either of them. In the event for any reason, H. O. Head should not except or qualify as my executor hereunder, then I direct that my Nephew, W. C. Branham of Springhill, Tennessee be appointed and qualify in his stead, and that no bond or security be required of him.
In the event one or more of said parties should refuse to qualify as such
Executor, I desire and direct the remaining one shall act, and be clothed
with all the power and authority given the Executors under this will. In
the event they all should refuse to qualify, or all should, for any reason,
cease to act as Executors under this will, I desire and direct that the County
Court of Sumner County, Tennessee, shall appoint an administrator with the
will annexed, such administrator to be qualified according to law, and I
hereby invest him with all power and authority which is given my Executor
or Executors under the will. The interlineation on page two item 4
hereof made in ink was inserted before signing.
Witness my Signature, the 10th day of September 1914,
John T. Branham
State of Tennessee
County of Sumner
We the undersigned subscribe our names hereto as witnesses to the above will, at the request of and in the presence of the Testator and in the presence of each other, the said Testator, John T. Branham, having published and declared to us that the paper writing above set forth is his last will and testament.
This September 10th 1914
Ed T. Seay
L. M. Ross
November 10, 1915
Codicil Iff Mrs. Lula Ray should be livin with me at the time of my death give her my 2 Buggies & Harness & Top Buggy for I know she will be taken care of kindness and attention to me while livin at my House. I direct that my watch & chain be given to my namesake Jno. T. Branham.
Jno. T. Branham (Seal)
In the event for any reasons that H. O. Head or Oscar Branham should not
except or qualify as my executor hereunder, then I direct that Judge Wm.
Hall be appointed in his stead and that no bond or security be required of
him thus changing item 6 in my will which names W. C. Branham as
Witness my signature this 13th day of November 1915.
Jno. T. Branham
Witness } iff A. W. Ray should be livin
L. M. Ross } me at my Death I give him my half interest in dary, two cows, he may want this 14th Feb. 1916.
Jno T. Branham
Codicil } iff Mrs. Lula Ray should be livin with me at the time
of my death for the interest she took wacchin & waitin on me while livin
at my House I give her my pony Nelly in addition to my 2 Buggies & Harness
believin she will take better care of Her than anyone else.
This 11 day Dec. 1916. Jno T. Branham, Seal.
(The following codicil was crossed out.)
Codicil After mature thought on the foregoing codicils or additions to my will the body of which is typewritten & codicils with ink & pen, it is my will & desire & I so direct that it all except as hereinafter set out, shall be stricken out and for naught held, except so much as pertains to the bequest of my watch & chain to my nephew John T. Branham & that clause which appoint Wm. Hall my alternate executor. Witness my hand January 8, 1919.
Jno. T. Branham
In the presence of the Testator & at his request we sign as attesting witnesses Jan. 8, 1919.
Geo. W. Pardue
The last foregoing codocile to my will which is marked out or canceled, being that codicile date Jan. 8, 1919 and witnessed by Wm. Hall and Geo. W. Pardue the same data is this day revoked by me and shall be held for naught, and I hereby republish and declare the foregoing typewritten will as modified by the other foregoing codiciles as my last will and testament. This February 26, 1919.
Jno. T. Branham
signed by the said Jno. T. Branham as and for a codicile to his last will and testament, in the presence of us, the undersigned, who at his request and in his sight and presence and in the presence of each other have signed our names as attesting witnesses thereto this Feb. 26, 1919.
H. L. McGlothlin
State of Tennessee July Term 1919
Sumner County July 19, 1919
A paper writing purporting to be the last will and testament of John T. Branham, deceased was this day produced in open Court for probate when the writing dated September 10th 1914 and signed by Jno T. Branham being the original will or paper writing was duly and legally proven by the oaths of Ed T. Seay and L. M. Ross subscribing witnesses thereto, who being sworn deposed and said that the signature to said paper writing is the genuine Signature of Jno. T. Branham, and that they subscribed their names as witnesses at the request of and in the presence of the said testator Jno. T. Branham and in the presence of each other and that the said Jno. T. Branham declared to them that said paper writing was his last will and testament, a codicil to said will dated November 10, 1915, was proven by the oaths of W. W. Pardue, George W. Pardue, F. B. Gillespie, W. Y. Allen and Ernest Franklin, likewise a codicil dated Feby 14, 1916, likewise a codicil dated 11th day of December 1916, each of whom being sworn deposed and said that the handwriting of John T. Branham is and was generally known among his acquaintenances and that they verily believe the said codicils and each of them and every part of said codicils except the date "November 10th, 1915" to be in the genuine handwriting of Jno. T. Branham, a codicil dated November 13th 1915 was duly and legally proven by the oath of L. M. Ross, a subscribing witness thereto, and a codicil dated Feby 26th 1919 was duly and legally proven by the oaths of H. L. McGlothlin and Elizabeth Doubleday subscribing witnesses thereto when the said paper writing and the codicils thereto were adjudged to be, and ordered recorded as the last will and testament of said John T. Branham, deceased.
A true copy
O. D. Moore, Clerk