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Nelson B. Turner, 1875

TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904

Transcribed by Jan J. Barnes and Marie Johnson
©2002

County Court Clerk's Office
Will Book - Vol. IV
Oct. 1870 - April 1891

Page 115

I Nelson B. Turner being of sound mind and disposing memory and knowing the uncertainty of life do make and publish this as my last will and testament and hereby revoke all others made by me.

First::    I direct that my executor shall first pay all my debts and funeral expenses. And he shall also have a good stone wall placed around my grave yard and shall also have suitable grave stones over myself and my children.

Second:  I give to my son Jo. D. Turner one tract of land of three hundred acres bounded south by my home place, I. M. Gillispie, west by Bledsoe Creek and by Winnie J. Harris, North by James Senter and east by James Senter and M. Gillispie.  Also one tract of land of some one hundred and twenty acres on Brushy Fork of Bledsoe Creek S. by J. M. Head, E. by said Head North by A. Hunter and west by the John McNeal lands.  I also will to him all rents and profits of land that he owes me of every kind the same not to be made a charge against him.

Third:      I give to my son J. W. Turner one tract of land of some three hundred and fifty seven acres bounded by James Senter East by James Senter and W. Key North by Jonathan Durham and West by the Hannah &. Woodson lands.  I also will to him all rents and profits of land that he owes me of every kind, the sum not to be made a charge against him.

Fourth:     I give to my daughters Mrs. Elizabeth Phillips and Mrs. Phoebe Ann Carter to their sole and separate use to be deposed of by them by deed or will as they desire the remainder

Page 116

of my lands consisting of my Mutton hollow place of some two hundred acres and a tract of land of some forty acres held by grant.

Fifth:          I also give to my said two daughters Mrs. Phillips and Mrs. Carter all my personal estate of every character and description, including money notes accounts or evidences of indebtness to me and the same is given to them to their sole and separate use and benefit and not to be disposed of except as they may direct but their individual receipts to my executor will be a good voucher. I also will and direct that if my son Jo. D Turner shall be bound to pay any security matters that he is now bound by or for J. T. Carter or said Carter shall fail to pay said Jo D a note he now holds against him then the amount heretofore willed Mrs.Carter in kind charged with said two liabilities and my executor is directed to discharge said security matters and notes out of what I have willed her.

Sixth:         I also will to my daughter Mrs. Phillips to her sole and separate use all the notes I hold against her husband D. M. Phillips and I also will to my daughter Mrs. Carter all the notes I hold against her husband, J. T. Carter to be held to her sole and separate use and benefit.

Seventh:     I will all my household and kitchen furniture to my four children Jo .D., .J. W., Mrs. Carter and Mrs. Phillips to be equally divided between them.

Eighth:       I will my stock to the L. & N. R. R. Company to my grandson Jo D. Turner, Jr. and he is also to have a sorrel horse already given him.

Ninth:        Having heretofore advanced my son J. N. Turner all I desire him to have, he is to have nothing from my estate.

Tenth:         I hereby nominate and appoint Jo D.

Page 117

Turner as the executor of this my last will and testament.

In witness whereof I have set my hand Mary 30, 1874.
                                                              Nelson B. Turner

Signed in our presence
and witnessed at the
request of the testator

James O. Harris
W. N. Carter
James J. Turner

I hereby make the following codicil to my last will and testament, made and executed May 30, 1874 viz:

If my son Jo. D. Turner lives longer than his present wife then the devise to him by me of real estate is absolute and unconditional but if his said wife should survive him then I give and devise the lands heretofore devised to him for life and remainder to his children or legal representatives.

Witness my hand August 1 1874.
Nelson B. Turner

Signed and acknowledged
in our presence
J. J. Turner
B. F. Allen

State of Tennessee
Sumner County Court June Term 1875.

The last will and testament and codicil of Nelson B. Turner Dec'd was this day produced in open court for probate and was duly proven by the oath of W. N. Carter James J. Turner and B. F. Allen: subscribing witnesses thereto which is received by the court

Page 118

and ordered to be recorded. Jo D. Turner the Executor named in the Will appeared in open court and accepted the execution of the same thereupon said Jo D Turner together with his securities John T. Carter, D. M. Phillips and John W. Turner appeared in open court and enter into and acknowledge their bond to the state of Tennessee in the penal sum of Twenty Thousand Dollars conditioned as the law directs and said Jo. D. Turner was duly qualified.

Copy Test
Jesse Cage, Clerk


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