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. III
Aug 1842 - Aug 1870
I Robert Harper of Sumner Co. Tenn. being of sound mind and disposing memory do make and publish this as my last Will and Testament.
Second. I give unto my son in law James Vinson and his children by my daughter Lucy five dollars. The same being in full of their share of my estate. They having already received their prorata share of the same.
Third. I give to my grand daughter Sophy Harper, daughter of my son Robert G. Harper five dollars the same being in full of her share of my estate; her father having received his prorata share of the same. The two notes of $125.00 cts. and $830.00 cts. that I hold against said Robert G. Harper's estate are to be delivered up to said grand daughter Sophy Harper.
Fourth. I desire the remainder of my estate real, personal, and mixed to be equally divided between my five daughters or their issue viz: Chloe Duncan, Mariah Sample, Clara Callender, Adaline Turner and W. W. Duncan, son of Ann Duncan dec'd.
Fifth. I give my lands to my daughters Mariah, Clara and Adeline as follows: To Clara Callendar my lands lying upon the L. & N. R. Road consisting of about one hundred and fifty acres more or less. Mariah and Adeline are to have my home tract of land. Mariah is to have the dwelling house and lands surrounding the same. The said home tract of land to be equally divided between said two daughters according to the improvements, situation and value of the same.
Sixth. My daughter Chloe Duncan and the child of my daughter Ann Duncan, dec'd are to be made up their equal shares of my estate out of my personal estate.
Seventh. If there shall not be a sufficiency of my personal estate to pay the legacies in clause Sixth, the same shall be paid by my daughters who get the real estate, and the same is declared a lien on the same for that purpose.
Eighth. If my grandson W. W. Duncan, son of Ann Duncan dec'd, die without heirs of his body I direct his portion of my estate to descend to my daughter Chloe Duncan and her children.
Ninth. I desire that the County Court of Sumner shall on the motion of my executors appoint four discreet free dent men, besides the County Surveyor, to value and divide my lands so given off to my said three daughters.
Tenth. I hereby nominate and appoint C. W. Callender, Wm. T. Sample and Jas. J. Turner as the executors of this my will and they, or the survivors of the same are hereby vested with full and complete powers to carry out the various clauses and provisions of this will.
Eleventh. I direct my executors to pay off my just debts and funeral expenses as soon as practicable and to place a neat tombstone over my grave.
In witness whereof I have set my hand and seal this December 11th 1865. Robt. Harper (Seal)
Signed sealed and acknowledged in our presence:
H. H. Saunders
Approved - Thos. C. Douglass, Judge
State of Tennessee, Sumner County Court, December Term, 1866
The last Will and Testament of Robert Harper, deceased, having been produced in open Court for probate and having been proved by the oaths of H. H. Saunders and John Williams, subscribing witnesses thereto, is ordered to be recorded. Wm. T. Sample, one of the executors named in said will, having renounced the execution of the same, the remaining executors named in said will, viz: C. W. Callender and James J. Turner, accepted the execution of the same, and this day appeared in open Court with H. H. Saunders as security, and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Twenty Thousand dollars conditioned according to law and were duly qualified.
Copy Test - John L. Bugg, Clerk by J. A. Trousdale, D. C.