TSL&A Microfilm - Roll #92
Probate Records (County or Chancery Court)
Wills Vol. 6-9; Nov. 1905 - Oct. 1942
Transcribed by Jan J. Barnes
KNOW ALL MEN BY THESE PRESENTS:
That I, Martha M. Drane, of Gallatin, Sumner County, Tennessee, being of sound mind and disposing memory, desirous of putting my earthly affairs in order, do hereby make, constitute and publish this my last will and testament, hereby revoking any and all other will and testaments heretofore by me at any time made.
FIRST: I will, devise and bequeath unto my beloved nieces, Maurine Drane Shelton, Annie Laura Penual and Clara Drane Jacobus, each, an undivided one-third (1/3) interest in and to the two story brick storehouse owned by me, located on the West side of the Public Square in Gallatin, Sumner County, Tennessee, occupied at present by a Piggly-Wiggly store, and being the northerly of the two store-houses there owned by me.
SECOND: I will, devise and bequeath unto my beloved niece by marriage, Mary Rucker Donnell, as Trustee, the two story brick store-house owned by me and located on the West side of the Public Square in Gallatin, Sumner County, Tennessee, and known as the Perkins-Swanney building, being the southerly of the two storehouses there owned by me. This property I leave to the said Mary Rucker Donnell, as Trustee, for the use and benefit of her three children, to-wit; James Rucker Donnell, Dorothy Donnell and Ridley Edward Donnell, Junior, share and share alike, and direct that she use the income from said property, after the expenses of upkeep and taxes have been paid, for the use and for the benefit of her said children hereinbefore named, as she may deem proper; and I do furthur authorize her, in the event she shall deem it to the best interest of said children, to sell said property and execute a deed, as such Trustee, conveying the same in fee simple to the purchaser thereof, and to re-invest the proceeds as she may deem to the best interests of said children, but the purchaser, under such sale, shall not be onerated with the duty of seeing to the reinvestment of the purchase price; and the said Trustee, or her successor in trust, shall deliver said property, in event the same has not been sold, or the proceeds thereof, if it has been sold, or the investment in which the proceeds have been placed, as the case may be, to said children upon the coming of age of my nephew, James Rucker Donnell. Should any of said three children predecease me, then his or her share shall go to his or her remaining brothers and sisters, or should any of them die, with issue, before the coming of age of the said James Rucker Donnell, then such deceased's child's share shall go to its surviving brother and sister, or to the issue thereof, per stirpes.
THIRD: I will, devise and bequeath all of my wearing apparel and bed clothes to my beloved nieces, Maurine Drane Shelton and Annie Laura Drane Penuel, to be divided between them, as they may agree.
FOURTH: To my beloved grand niece, Dorothy Donnell, I will, devise and
bequeath the four mahogany chairs which are usually placed in the living room or parlor, two of which are now in the possession of my nephew Walter Phillip Donnell, the mahogany table which is usually placed in the hall; an old green tapestry upholstered, rocker, which is usually placed in my bed room, the walnut bed, being the only walnut bed in the house, the two old-fashioned mirrors, and my piano, being an old fashioned square piano, which has been in my possession for many years, all of said articles of furniture, except the two walnut chairs, being now in my residence on East main Street, No. 150, in Gallatin, Sumner County, Tennessee.
FIFTH: To my beloved niece, Maurine Drane Shelton, I will, devise and bequeath my two settees and chair to match; the rug, all rocking chairs; marble topped mahogany table now in or usually kept in the living room of my said residence, together with all vases, bric a brac etc. kept in said room in my said residence as hereinbefore located.
SIXTH: To my beloved nieces Maurine Drane Shelton and Annie Laura Drane Penuel, I will, devise and bequeath all of the portraits, paintings and photographs now in my said residence, and especially the pictures of my father and mother, with the request that they divide the same between themselves in an amicable and friendly manner, except that I will to my nephew, Walter Phillip Donnell, the pictures of his father and mother, left in my keeping for many years.
SEVENTH: I will, devise and bequeath unto my beloved niece, Annie Laura Drane Penuel, the dining room furniture and rug, together with the china cabinet in said dining room and also all silver ware, glassware, dishes and tables (not herein disposed of) now in my said residence.
EIGHTH: I do hereby will, devise and bequeath unto my beloved grand nephew, Bert Drane Shelton, of Nashville, Tennessee, my mahogany chifferobe and red rug; and to my beloved grand niece, Dorothy Donnell, my (entire) solid topped mahogany table, which has been divided into two parts, one half of which is in the hall and one half of which was in the breakfast room and used as a breakfast table, this latter half, however, now being in the possession of my nephew, Walter Phillip Donnell; and I do furthur will, devise and bequeath unto my beloved niece, Clara Drane Jacobus, all of the remainder of furniture and fixtures, of every kind and nature whatsoever undisposed of in this will, remaining in my said residence, all of the pieces of personal property herein conveyed and described in this and preceding sections "THIRD", "FOURTH", "FIFTH", "SIXTH" AND "SEVENTH" being now located, with the exception of the two chairs and the part of the table now in the possession of my nephew, Walter Phillip Donnell, in my residence at No. 150 East Main Street in Gallatin, Sumner County, Tennessee.
I make no furthur bequest to my nephew, Walter Phillip Donnell, for the reason that he has already received at my hands a home in my home for a
period of nearly twelve years, during some four years of which time he and his wife were my guests, and practically all of the expense of maintaining the home was borne by me.
NINTH: The devises and bequests contained in Sections "First" and "Second" of this will are, however, made subject to any inheritance tax or taxes, either Federal or State, which may be due or become due at my death; that is, they are to bear their proportionate part of such inheritance tax or taxes as their value may be to my whole estate, and in the event the beneficiaries under said two clauses are unable to pay into the hands of my executors herein named, or their successors in office, the amount of taxes so due, then my said executors shall sell said two pieces of real estate and, after paying the inheritance tax due on each, as above set forth, shall pay the balance in their hands over to the beneficiaries and to the Trustee herein named, and the monies so paid over to said Trustee, Mary Rucker Donnell shall be invested by her for the use and benefit of her three children hereinbefore mentioned, upon the same terms and conditions as set forth in section "Second" of this, my will, but the executors shall not be onerated with the duty of seeing to said investment, this being the sole and exclusive duty of the said Mary Rucker Donnell, in her capacity as Trustee.
TENTH: I direct that my Executors herein named shall, within a reasonable time, taking into consideration the condition of the real estate market, sell the house and lot in which I now reside and in which I and my family have resided for many years, the same being a two story frame house located at Street No. 150 East Main Street in Gallatin, Sumner County, Tennessee together with the ground on which the same is located, at public sale, to the highest and best bidder, on terms of one-third cash, the balance to be paid in one, two and three years, a lien to be retained to secure the unpaid purchase price.
ELEVENTH: The balance of my estate, real, personal or mixed, I direct that my executors pay as follows:
1st; I direct that all of my just debts, including my funeral expenses be paid.
2nd; Out of said moneys, together with the monies coming into their hands from the beneficiaries under sections "First" and "Second" of this will, they will pay any and all inheritance taxes, or as aforesaid, if said beneficiaries shall not pay into his hands their proportionate part of said inheritance tax, then out of the funds coming into his hands from the sale of the specific property bequeath to them, their proportionate part of said taxes shall be paid.
3rd; All of the rest of my estate, real, personal, or equitable, I will,
devise and bequeath unto the three children of my beloved nephew, Phillip Donnel Drane, of Miami, Fla, and to my beloved Grand niece, Dorothy Donnell, of Rutherford County, Tennessee, share and share alike with the furthur provision that should either of any of said grand nieces die before receiving said monies, then such beneficiary's shall go to her brothers and sisters.
4th; In the event any of the legatees named in this will shall predecease me, living issue, then his or her part of my estate shall go to such surviving child or children.
THIRTEENTH: I do hereby nominate and appoint V. I. Witherspoon of Nashville, Tennessee and Mrs. Rucker Donnell, wife of my beloved nephew, now deceased, R. E. Donnell, of Rutherford County, Tennessee, executors of this, my last will and testament, and I suggest to them that in the event the necessity arises that they confer with my attorney, Geo. M. Thomas, of Nashville, Tennessee, who is familiar with my affairs, and with whom I have left written instructions relative to my funeral.
In witness whereof I have hereunto signed my name in the presence of the attesting witnesses hereto, this the 9th day of November, 1936, having, in my own hand writing signed my name on each of the five pages of this will.
Martha M. Drane
We, the undersigned, attesting and subscribing witnesses to this will,
have witnesses the signature of Miss Martha M. Drane, on each page of said
will, including the final signature; that signatures were made by Miss Drane
in our presence and that we, as such subscribing witnesses, have signed our
names hereto at her request in her presence and in the presence of each
This the 9th day of November, 1936.
L. R. Currey
W. E. Richardson
WILL OF MARTHA M. DRANE, DECEASED.
BE IT REMEMBERED that on this the 24th, day of July, 1937, before the Honorable J. W. McCormack, Chairman of the County Court of Sumner County, Tennessee, Mrs. Mary Rucker Donnell and V. I. Witherspoon the Executors named therein, produced in open Court a type-written paper purporting to be the last will and testament of Martha M. Drane, deceased, bearing date of November 9th, 1936, and having the name of Martha M. Drane signed thereto and being subscribed by L. R. Currey and W. E. Richardson as attesting witnesses, and moved the court that the same be admitted to probate and record as the last will of Martha M. Drane, deceased;
And it appearing to the Court from the testimony of said L. R. Currey
one of the subscribing witnesses thereto, that said paper writing was written in the life time of the said Martha M. Drane and signed by her and subscribed in her presence and at her request by the said L. R. Currey and W. E. Richardson as attesting witnesses and that said instrument was executed by the said Martha M. Drane 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 Martha M. Drane 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 Martha M. Drane, deceased, and the same is hereby admitted to probate as such and the Clerk is directed to file and record the same.
Mrs. Mary Rucker Donnell and V. I. Witherspoon being named in said will as the Executors thereof appeared in open court and accepted the appointment and they together with their surety, American Bonding Company of Baltimore Maryland, by See H. Hunt, attorney-in-fact in open court entered into and acknowledged their bond payable to the State of Tennessee in the sum of Five Thousand ($5,000.00) Dollars, conditioned as the law directs, when they were duly qualified and letters testamentary ordered issued to them.
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