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Luella Durham, 1937

TSL&A Microfilm - Roll #92
Probate Records (County or Chancery Court)
Wills Vol. 6-9; Nov. 1905 - Oct. 1942

Transcribed by Jan J. Barnes
©2004

Page 250

I, Luella Durham, of Sumner County, Tennessee, being of sound mind and disposing memory, do make and publish this my last will and testament, hereby revoking and making void any and all other wills by me at any time heretofore made.

First; I direct that all my just debts and funeral expenses be paid as soon after my death as practicable out of the first money coming into the hands of my Executor, to be hereinafter named.

Second; After the payment of all my just debts and funeral expenses, I will and bequeath to Two of my grand-sons, Robert Neal Durham and Glen Durham, children of my son, Floyd Durham, now deceased, consisting of 49 acres and 142 square rods, same being in the 14th Civil District of Sumner County, Tennessee, and bounded as follows;

Beginning at a hickory stump, E. D. Martin's N. E. corner, running south 3 deg. West 112 poles to a stone; thence East 22 poles to a sourwood stump; thence south 42 poles to a stone; thence north 88 deg. west 22 poles to a stone in an old red oak stump; thence south 3 deg. west 8 1/2 poles to a stone with chestnut pointers in Wiley Cantrell's north boundary line;  thence south 87 1/2 deg. east 78 poles to a stone in Mat Brown's north boundary line; thence north 7 deg. west 54 poles to a stone; thence west 6 poles to a stone; thence north 10 deg. west 59 1/2 poles to a stone; thence north 88 deg. west 12 1/2 poles to a small sourwood; thence north 2 deg. east 50 poles to a chestnut; thence north 85 1/2 deg. west 35 poles to the beginning.

Third; I furthur more request that my household and personal effects be divided as follows; (1) That my grand son, Robert Neil Durham, have the masonic or large walnut bed stead that belonged to my mother.  (2)  That my grand son Glen Durham, have the old large clock, that belonged to my mother, and that the remainder of my personal property be divided among my children as they desire.

Fourth; I hereby nominate and appoint my nephew, J . B. Durham, executor of this my last will and testament, and hereby expressly direct that he be qualified without bond or security.

This 21st day of December, 1933.
                                                                     Luella Durham

Signed and published by the testatrix in our presence, and we, as subscribing witnesses, signed the same at the request of the testatrix and in her presence, and in the presence of each other.

This 21st day of December, 1933.

                                                                   Myrtle Durham
                                                                   Arlene Scott

Page 251

WILL OF MRS. LOUELLA DURHAM
BE IT REMEMBERED that on this the 12th day of August, 1937, before the Honorable J. W. McCormack, Chairman of the County Court of Sumner County, Tennessee, J. B. Durham, the Executor named therein, produced in open court a paper writing purporting to be the last will and testament of Louella Durham, deceased, bearing date of December 21st, 1933, having the name of Louella Durham signed thereto and being subscribed by Myrtle Durham and Arlene Scott as attesting witnesses and moved the court that the same be admitted to probate and record as the lst will and testament of the said Louella Durham, deceased.  And it appearing from the testimony of the said Myrtle Durham and Arlene Scott, the attesting witnesses thereto that said paper writing was written in the life time of the said Louella Durham and signed by her and subscribed in her presence and at her request by the said Myrtle Durham and Arlene Scott as attesting witnesses, and that said instrument was executed by the said Louella Durham on the day it bears date as and for her last will and testament and that she was at the time of sound mind and disposing memory and was more than twenty one years of age.

And it furthur appearing to the court that the said Louella Durham lately died in Sumner County, Tennessee, and that her usual place of residence at the time of her death was in said county, it is so adjudged.

And it is adjudged and declared by the court that said instrument is the true, whole and last will and testament of the said Louella Durham, deceased, and the same is hereby admitted to probate as such and the clerk is directed to file and record the same.

And the said J. B. Durham being named in said will as the Executor thereof and being excused from executing bond under said will appeared in open Court and accepted said trust, when he was duly qualified and letters testamentary ordered issued to him. 


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