TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
County Court Clerk's Office
Will Book - Vol. IV
Oct. 1870 - April 1891
I the undersigned being old & infirm think proper to make this my last will being of sound mind, and disposing memory hereby revoking & making void all wills by me at any time made, in the 1st place I will that all my just debts be paid out of any monies that I may die seized of or that may come into the hands of my executor to my wife Mary, the one half of my land to be divided as follows: beginning on the pike at the corner between me & T. M. Woodson; thence down the pike to the gate; then up the branch to or near where the branch, or drain enter the main branch; thence up said drain to the corner of the lot on the right hand side of said drain from there to run so as to leave the one half of my home tract which is the land I am disposing of on the South. In making this division I will that the buildings are not to be valued. I will to Jas. W. Durham, or loan, the one half my land willed to my wife at or afor her death giving to him the said Jas. W. Durham no right to sell or alienate the same & not be subject to the payment of any debt that he may contract & in the event that die without issue I will the same to R. A. Durham or his children or their heirs, the land bequeathed to Jas. W. Durham.
To my daughter - Perdue I will that portion of my home tract, South of the tract, be bequeathed to J. W. Durham to R. A. Durham give and bequest the tract of land he is now living on purchased by me from John Patterson containing about one hundred & 45 acres giving him no right to dispose of the same during his life & being of the opinion that the land willed to M. Perdue is worth more than the land willed to R. A. Durham having advanced M. Perdue four hundred dollars. I will that Perdue p-- (* Words next to the binding, of the page microfilmed, are illegible.) to R. A. Durham four hundred dollars otherwise the land bequeathed to my daughter to be bound for same, finally to my grand daughters Minnie & Bertha Durham, the sum of thirteen hundred
dollars & will that the same remain in the hands of a guardian giving or allowing them nothing but the interest until Bertha is twenty five years old & if either or both of them die without issue then the above bequeath to be divided equally between my legal heirs. If there is not enough means to pay the above bequest to my grandchild, I will that Jas. W. Durham pay any amount that I may die indebted to the guardian of my grand children. I will that if there not enough to pay the whole bequest that they have there is & no more, if there is a balance left let it be equally divided between my heirs counting Minnie & Bertha one. I further appoint R. A. Durham Executor to this my last Will & Testament this 15 September 1884. R. B. Durham
State of Tennessee, Sumner County Court March Term 1885.
A paper writing dated Sept. 15th 1884, signed R. B. Durham purporting to be the last Will & Testament of R. B. Durham was this day produced in open court for probate. Whereupon M. B. Perdue, W. S. Munday, J. H. McLaren, Robert Collier and R. A. Durham having been first duly sworn deposed and said that they were acquainted with the hand writing of said R. B. Durham and that his hand writing was generally known among his acquaintances and that they verily believe that said paper writing dated and signed as aforesaid, and every part thereof is in the hand writing of said R. B. Durham, and said R. A. Durham further deposed and said that said paper writing was found among the valuable papers of his father, the said
R. B. Durham after his decease. Thereupon it was ordered by the court that said paper writing be recorded as the last Will and Testament of said R. B. Durham dec'd. And it appearing by the terms of said will that R. A. Durham is nominated as the Executor of said will and the said R. A. Durham appeared in open court and renounced the execution of the same. It is therefore ordered by the Court that M. B. Perdue be appointed Administrator with the will annexed. Thereupon said M. B. Perdue together with his securities M. E. Head and Louis A. Green appeared in open Court & entered into & acknowledged their bond to the State of Tennessee in the penal sum of Three Thousand dollars conditioned as the law requires, and said M. B. Perdue as administrator aforesaid, was duly qualified and the Clerk will issue to him letters of Administration.
Copy Test - O. H. Foster, Clerk
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