Transcribed by Jan J. Barnes
Pages 370 - 375
I, Martin Luther Johnson, of Route 1, Portland, Tennessee, in consideration of the execution by my wife, Lela Smart Johnson, of a Will of evendate, alike hereto, do hereby make, publish and declare this as my irrevocable last Will and Testament, hereby revoking any and all other Wills executed by me and with the intention of disposing of my entire estate.
I direct that my Executor, hereinafter named, pay all of my just debts, including the expenses of my last illness, my funeral expenses, the expenses of the administration of my estate, including any and all State and Federal Inheritance Taxes, and all other just debts and obligations, out of the monies first coming into his hands as Executor.
Should my wife, Lela Smart Johnson, survive me, I then give, devise and bequeath unto my wife, for and during her natural life, all of my property, real, personal or mixed, of whatsoever kind and wheresoever located, the said Lela Smart Johnson to enjoy the income, rents and profits therefrom during her lifetime and with power to invade the corpus of said personal property should same become necessary for her support and maintenance, but for no other reason, and a trust is hereby imposed upon said personal property, and I leave to the discretion of the County Court of Sumner County the appointment of a trustee should same become necessary or advisable.
In the event that my wife should predecease me, or at her death, I then give and devise the following real estate to my children.
To my son, Guilford Martin Johnson:
That portion of property lying and being in the 16th District of Sumner County, Tennessee, and lying on the West side of Shun Pike and beginning in Creasey's line at the Pike; thence West to Ruth Brooks' line; thence N. to Johnson line; thence West to Collins line; thence North to Mundy line; thence E. to hickory nut tree; thence N. 16 1/2 feet to Mundy's line; thence East to Shun Pike at Mundy's line; thence S. with Shun Pike to Creasey's line, containing 40 acres, more or less.
To my son, James Davis Johnson:
A certain parcel of land lying in the 16th Civil District of Sumner County, Tennessee, and beginning at a point on Shun Pike at Phillip Watwood's corner; thence E. to Shumake's corner and a hickory; thence N. to Wiseman's corner; thence West to James Davis Johnson line; thence S. and at a 90 deg. angle to Watwood line, containing about 53 acres, more or less.
To my daughter, Winnie Johnson Lane:
Lying and being in the 16th Civil District of Sumner County, Tennessee, lying on the East side of Shun Pike directly across the Pike from J. L. Creasey and Johnson corner and in James Davis Johnson line; thence E. to Wiseman's corner, rock with oak pointer; thence North to Wiseman's line; thence W. to Wiseman's line; thence North to Donoho's line; thence West to Shun Pike; thence with Shun Pike to the beginning, containing 47 acres, more or less.
To my son, Garnett Odell Johnson
I devise to him, for and during his natural life, with remainder to his heirs at his death, the said Garnett Odell Johnson to enjoy rent, income and profits therefrom during his lifetime, the following described real estate:
All land and buildings owned by me inside the city limits of Portland, Tennessee, on Mill Street, containing a house and lot and property to the rear thereof and to the rear of the property of Winnie Johnson Lane and her husband to Fred Jones line.
In the event that my wife, Lela Smart Johnson, predeceases me or at her death, I hereby bequeath all of my personal property of whatsoever kind and whatsoever located, to my children equally, except as to that portion passing hereunder to Garnett Odell Johnson and for which a trust fund is created hereinafter. However, the following bequests of specific personal property are made to my daughter, Winnie Johnson Lane:
A set of Forty-seven Rodgers Silverware Service for Eight;
A set of China Service for Twelve;
American Bloc Fostoria Service for Twelve;
Big Locket with Belela (Lela) on it;
Diamond Ring and Wedding Band;
Crystal Necklace and Ear Clamps.
I hereby authorize and empower my Executor to sell any remaining personal property on such terms and conditions as he deems best and proper, and to divide the proceeds equally among my four (4) children and in trust for my son, Garnett Odell Johnson, as hereinafter provided.
I hereby give and bequeath to my son, Guilford Martin Johnson, the sum of One Thousand ($1,000.00) Dollars, in cash, to be paid from the personal property coming into his hands as Executor and to be paid to him in addition to the other bequests herein.
Provision having been heretofore made for Garnett Odell Johnson by giving him a life estate in the real property devised herein with the remainder to go to his children upon his death, I do hereby create herein a trust fund for my son, Garnett Odell Johnson, and nominate as trustee hereunder, Guilford Martin Johnson, as trustee, or James Davis Johnson, as alternate trustee in the event Guilford Martin Johnson, for any reason, cannot serve.
I direct the said trustee to create a trust fund of all the personal property passing hereunder to Garnett Odell Johnson and the income therefrom to be used by the said trustee for the support and maintenance of Garnett Odell Johnson and the trustee has the complete power and authority to administer the income from said fund for said son. The trustee shall have no right to invade upon the corpus of said trust fund for any reason whatsoever. Upon the death of my son, Garnett Odell Johnson, the said trust fund shall be divided in equal parts and shall be distributed to his children upon each child reaching the age of 21 years. Until the reaching of the age of 21 by each child, the property will be invested by said trustee and the proceeds from said trust fund shall be used for the support, maintenance and education of said children of Garnett Odell Johnson, and I leave to the discretion of said trustee as to how and under what circumstances the trust fund shall be encroached upon, should encroachment become necessary for the support, education and maintenance of said children.
I hereby nominate and appoint my son, Guilford Martin Johnson, as the Executor of this my Last Will and Testament and excuse him from making bond. In the event that my son, Guilford Martin Johnson, cannot serve as Executor hereunder for any reason, I then nominate and appoint my son, James Davis Johnson, as alternate executor hereunder and he shall likewise be excused from giving bond.
In witness whereof, I have hereunto subscribed my name to this my Last Will and Testament, all in the presence of the persons witnessing it at my requests, on this the 10th day of Nov. 1977.
Martin Luther Johnson
Martin Luther Johnson, the testator, signified to us that the foregoing instrument was his Last Will and Testament, and signed the said instrument as and for his Last Will and Testament, all in the joint sight and presence of us and each of us and we, at the same time, at the testator's request and in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as attesting witnesses, this the 10th Nov. 1977.
Hugh D. Shannon