Will of Charles Foster
[Will Book 1, pages 59-60 (transcribed by David Johnson)]

I Charles Foster Sr of Marion County Tennessee with this my last will I give desire and bequeath to my beloved wife Martha Foster my home place which will be a home for her and where I have lived for more than forty years. This tract consists of Fifty acres of land described in a deed from A Higginbottom to my former wife Ann Augustus Foster dated 21 Feb. 1846 registered in Book E page 160 in the registers office for Marion County the tract not only includes my residence and appertinances but a Saw mill. She is to have and to hold the same in fee simple title, free from all or any limitations remainders or restrictions and this in lieu of homestead or dower rights. This tract of Fifty acres is separate but is included in a 5000 acre tract known as the Peter and Mark Anderson tract under Entry no 1396 and which was conveyed to me by Patterson B. West January 1st 1852 and the deed registered in Book F pages 361-2 in Marion County. There are some 2000 acres of this of this 5000 acre tract yet unsold and adjoining the land is another tract of 640 acres which I give my beloved wife a life estate that she may have the free use of soil for cultivation and of the timber for the saw mill or other purposes for which timber may be adopted for use or income

I also give my beloved wife absolutely all my live stock farming implements wagons furniture tools pictures and in fact all personal property of every Kind and description

At a Judicial sale in the case of J. W. Bradford vs Sarah A. Yeatman et als in the Federal Court at Chattanooga some six months ago I purchased several tracts of land on Cumberland Mountain Known as the P B West lands in Marion County

Said Bradford has a proper writing permitting him to redeem Should he do this my Executrix (herein after mentioned) shall divide the money equally among all my children my wife taking a child's share

Should these lands not be redeemed my Executrix shall have full power to manage and control them as best she can. She has power to use all or any part when she may think proper to do so and to execute proper conveyances to dispose of timber rent or leave for cultivation and the proceeds as received will be divided equally among all my children my wife taking a child's part or share

I think it proper and direct that my Executrix be allowed for services and proper outlays reasonable compensation Upon the death of my wife all the remainder of my property will be equally divided among all my children share and share alike.

I nominate and appoint my beloved wife Martha Foster my Executrix under this will Having been so dutiful a wife and Mother such confidence is reposed in her that I neither require any oath nor bond in the discharge of her duty as Executrix.

I[sic] witness whereof I have signed and sealed and publish and declare this instrument as my will in the law office of N. H. Burt at Chattanooga Dec 31 1885

Chas Foster

The said Charles Foster at the law office of N. H. Burt at Chattanooga on 31 Dec 1885 signed and sealed this instrument and declared the same as and for his last will and we at his request and in his presence and in the presence of each other have hereunto written our names as subscribing witnesses

Thos P. Hall
N. H. Burt