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William Franklin
Contested Will, 1877

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

Transcribed by Jan J. Barnes
©2002

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

Page 144

State of Tennessee  }
Sumner County        }
Be it remembered that a Circuit Court was begun and held in and for the county aforesaid at the Court House in the town of Gallatin on this the 26th day of February in the year of our Lord one thousand eight hundred and Seventy Seven it being the fourth Monday in the month and the day fixed by law for holding said Court there was present and presiding the Hon. Jo. C. Guild by law Judge of said Court where the following proceedings were had and extend of record, to wit:

Brown & Alexander Extrs. Wm Franklin Decd  }
Vs. Contested Will                                                }  Feb 27 1877
J. W. Bailey and wife Bettie

Came the parties and a jury to wit:  Thos. R. Love, Ben Perry, L. W. Singleton, W. G. Lanier, V. H. Allen, Jos. Weisig__ (page cut off on film) Paul Pruett, B. S. Rutherford, Thos Staggs, Solomon Love, W. C. Knight and W. H. Dunn who being elected tried and sworn the truth to speak on the issue joined upon their oath do say that the writing mentioned in the issue is the last will and testament of the said William Franklin dec'd and by agreement of all the parties in interest the costs of the cause will be paid by the Executors out of the funds of the estate ordered further that the clerk certify a copy of the record in this cause to the County Court of Sumner County together with the original will to be there recorded.  The cause coming on for further hearing before his Honor Judge

Page 145

Guild upon the question of the costs in this cause and the rents of the lands for 1876 willed to Mrs. Bailey and the compromise in the cause and having heard proof upon the same the Court ordered and adjudged that James Alexander former Guardian and was Executor of William Franklin dec'd will pay to J. W. Bailey and wife Bettie $143.38/100 the amount of rents due for 1876 on the 341 acres willed to her after deducting taxes and improvements for 1876.

State of Tennessee    }
Sumner County          }
I Thos H. King Clerk of the Circuit Court for said county do hereby certify that the foregoing is a full true and perfect transcript of the judgement of said Court pronounced at its February Term 1877 in the case of Brown & Alexander Extrs. of Wm Franklin dec'd vs J. W. Bailey & wife Bettie as the same appears of record in my office.
(Seal Court)    In testimony whereof I have hereunto set my hand and affixed the seal of said Court at my office in Gallatin this the 23 day of March A. D. 1877.
Thos. H. King Clerk

The last Will and Testament of William Franklin Sr.
I William Franklin Sr of the county of Sumner and State of Tennessee being sound in mind and memory do make and publish the following as my

Page 146

last Will and Testament viz:

Item 1st     It is my wish that my just debts be paid out of the first moneys which may come to the hands of my Executor hereinafter named.

Item 2nd    I give and devise to my daughter Margaret Elliott wife of M. R. Elliott during her natural life for her sole and separate use free from the debts and disposition of her present or any future husband my tract of land lying in the county of Sumner State of Tennessee immediately on the East side of West Station Camp Creek known as the tracts which I purchased of Dr. James Franklin and Isaac Franklin containing by survey four hundred and eighty five acres be the same more or less.  At the death of the said Margaret Elliott I will and direct that said tract of land be equally divided between her surviving children share and share alike excluding the representatives of such of her children as may have died previous to the death of the said Margaret Elliott to them and their heirs forever.

Item 3rd     I will and direct that two hundred and eight acres of my home tract of land be surveyed off the lower end so as to embraced my present improvements and sold by my Executors for one sixth cash and the rest upon a credit of one, two, three, four and five years.  The proceeds of this sale I direct to be equally divided between all the children of my daughter Margaret Elliott when the youngest becomes of full age to them their heirs forever.  In making this sale I wish my Executors to take the notes with interest from date.

Item 4th     I give and bequeath to my grandson William F. Elliott my gold watch.

Page 147

Item 5th     I give and devise to my granddaughter Bettie Looney daughter of my deceased daughter Bettie Looney the balance of my home tract of land containing about three hundred and forty one acres be the same more or less being the balance of my home tract after taking off the two hundred and eight acres mentioned in the 3rd clause of my will.  This tract is left to her and her bodily heirs forever.

Item 6th     I bequeath to my grand daughter Bettie Looney two thousand dollars of my Davidson County bonds to her and her heirs forever.

Item 7th     I will and direct that the balance of my estate after paying the above bequests be equally divided between the children of my daughter Margaret Elliott to them share and share alike the said property will be delivered or paid over to a regular guardian of said children appointed by the county court and required to give good security Each child to receive his or her part of said property on becoming of age.  It is also my request that James Alexander be appointed said guardian.

Item 8th     I nominate Robert K. Brown and James Alexander my Executors said Executors not required to give security.  I do hereby revoke all former wills by me made publishing this as my last will and Testament.  In witness whereof I subscribe my name this the 19th August 1874.
                                                                                             William Franklin
Signed and published in our presence by the testator and we at his request

Page 148

and in his presence and in the presence of each other have subscribed our names as witnesses this the 19 Aug 1874.
R. E. Douglass
A. D. Brown
O. B. Jenkins
Charlie Clark


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