Will of Henry Clay Aiken
[Will Book 1, pages 32-33 (transcribed by David Johnson)]
I Henry Clay Aiken, being weak of body but sound of mind, do hereby make & publish this my
last will & testament, and hereby revoking all others at any time by me made.
That is to say I hereby appoint and constitute my beloved wife, Margaret E. Aiken, my sole
executrix and she in qualifying herself to administer the assets of my estate is expressly
excused and not required to give bond as Such executrix.
I hereby give and bequeath to my beloved wife all my personal property of every Kind, character
and description including all debts due me and shares in actions of every Kind as well as
money on hand.
I hereby constitute and appoint my beloved wife Margaret E. Aiken Trustee for my daughter
Julia Ann Aiken and as Such trustee I hereby transfer and convey to her all my real estate
in Marion County, Tenn.- Said real estate is described in a deed executed to me by W. F Lewis,
County Court Clerk Reg in Book N, P 289 & 290 in the Registers office of Marion County,
Tenn. also to other small tract of Land conveyed to me by T. S. & Rhoda Deakins which
deeds are in the clerks office & to which reference is made for description. And I
especially confer upon my wife full power and authority to sell & convey said Lands to any
person or persons she may desire and to collect the Rent or money (said sale may be for cash or
on a credit) And my said wife as Such Trustee will not be required to execute or make any bond
for the safe keeping or paying over said money when collected from said sale to the beneficiary
or to any person. If my beloved wife as such Trustee makes sale of said Land then she may
collect & use and appropriate to her own use so much of the proceeds of money for her
comfort or maintainance or that of our child Julia Ann Aiken. And she has full power and
authority to invest the proceeds of the sale of said land in any manner she may think best:
& in any kind of property at her discretion and she will not be required to account to
anyone on account of her management & disposition of said funds.
If my wife in her discretion does not make a sale of said lands or if she invests such proceeds
in other lands then she will be entitled to all the rents profits off of all of said Lands as
long as she lives & will not be required to account to anyone for the same.
My wife will pay all my debts out of the personal property left or bequeathed to her. witness
my hand & seal this Nov 4th 1882 in the presence of James Rice and W D Spears and they are
requested to witness this instrument which is to take effect at my death
H C Aiken
W. D. Spears