Will of John K. Tate
[Will Book 1, pages 176-178 (transcribed by Pam Collier)]
WILL OF JOHN K. TATE
I, John K. Tate of Comfort Marion County, Tennessee, being of sound and disposing mind and
memory, do make publish and declare this to be my last will and testament, hereby revoking all
former wills by me at any time heretofore made.
As to my worldly Estate and all the property Real, Personal, and mixed of which I shall die
seized and possessed or to which I shall be entitled to at the time of my deceased, I will
devise, and bequeath thereof in the manner following:
It is my will that all my just debts, including all my funeral expenses Etc. be paid by my
Executrix hereinafter mentioned as soon after my decease as is found by her to be convenient.
I will, devise, and bequeath to my daughter, Sallie Florence, now the wife of Walter Cameron,
what is commonly and generally known as the Lewis Payne Place (subject to the reservatins [sic]
and exceptions hereinafter mentioned) the same being and lying in the 9th Civil District of
Marion County, Tennessee in Sweeden’s Cove, the same being bounded on the North by the lands
of James Raulston and Samuel Collins, on the East by the lands of Samuel Collins, on the South
by the lands of Mrs Sallie Wilkerson, on the West by the lands of the Campbell Coal Company.
Deducting the tract of land (the Wilkerson tract) from the aforesaid original Lewis Payne tract.
Heretofore conveyed by me to Mrs Sallie Wilkerson, and reserving from the said tract all the
land on top of Cumberland Mountain and sufficient land on the side of the mountain so as to
include any opening that now exist or which it may become necessary to be made in the opening.
Developing and working any coal or other mineral in or on the said reserved tract of land and
also reserving a right to use from the aforesaid tract of land so devised to my said daughter
any and all timber necessary in the operating coal or other mines on said reserved tract of
I will and devise to my daughter, Cora Louise, now the wife of L. A. Brittain, the following
described lands, the same being and lying in the 10th Civil District of Marion County, Tenn.
And is described as follows:
Tract No. 1.
Beginning on the West bank of Battle Creek, in the line between Spencer Anderson (formally
[sic- formerly] George Beene) and myself, near the mouth of a large ditch, thence up the said
creek as it meanders on the West side of said creek to and by the Gilliam Spring, crossing the
lane that leads from the public road down to said creek near the said spring, thence with the
plank fence as it now stands northwardly to the line between Spencer Anderson and myself near
the said creek bank, thence up the fence with the line between said Spencer Anderson and myself
to a corner between the said Anderson and myself (Clepper Corner) thence with the said Spencer
Anderson’s line to the certre [sic] of the Main Valley Road leading from Jasper to Pellham.
Thence down the centre of of the said public road as it meanders to the mouth of the lane
leading from said road to said Spencer Anderson’s residence, then South 59-1-2°
W. 59-1-2 poles to a stake in the centre of the said road that leads to said Spencer Anderso'n
[sic] house, thence leaving the same, South 34° E. 12 poles to a stake with poplar and
beech pointers, thence South 44° W. 38 poles to a stake on the hill-side, South of Spencer
Anderson’s house, thence South 8° W. 40 poles to a black walnut with buckeye and hickory
pointers, thence South 27-1-8° W. 68 poles to a stone with black gum and sassafras pointers
in the Reservation line, thence with said Reservation line East to a corner made by Samuel
Gilliam and myself on the side of the ridge in the beech grove, thence leaving the said
Reservation line North 45-3-4° E. 94 poles with a line (Old Gilliam Line) between Samuel
Gilliam and myself to a stake in the centre of the public road leading from Jasper to Pellham,
thence Southwardly down the centre of the said public road as it meanders to the S. W. Corner
of a tract of land now owned by Spencer Anderson (George Beene lands) thence northwardly with
the line between said Spencer Anderson (Been Tract) and myself, to the beginning Corner,
including all lands and improvements and appurtenances embraced in said boundary.
Expressly reserving for the benefit of my son John Franklin, his heirs, assigns and all his
legal representatives forever a right of Ingress and Egress to and from certain lands hereafter
devised to him on the east side of Battle Creek. Said right of way to be where the lane now is
near the Gilliam Spring.
I also will and devise to my said daughter Cora Louise Three hundred 300 acres of Mountain land
to be cut off of the West End and next to the western boundary of my tract of land in the 10
Civil District of Marion County, Tenn.
I will and devise to my son, John Franklin, the remainder and residue of the (1400) Fourteen
Hundred Acres Home Place subject to his Mother’s Life Estate herein provided for.
I will, devise and bequeath to my beloved wife Jane, a Life Estate in Seventy Acres (70 Acres)
of enclosed lands including the residence where I now reside and all the improvements
thereabout and she is expressly to have the right to use any timber necessary in the improving
and repairing the said place, said timber to be taken from the timber lands herein devised to
my said son. My said wife to have the possession, control, benefits, use profits and rents of
said Seventy Acres of land during her natural life, the remainder interest in the 70 acre tract
to vest absolutely in our aforesaid son at his mother’s death. This to to [sic] be in lieu of
Homestead and Dower.
It is my will that my one half undivided interest in a tract of land situated on the top of
Cumberland Mountain, in the 9th Civil District of Marion County, Tenn. known as the Collins
place, and my one half undivided interest in a certain lot and the improvments [sic] thereon
in South Pittsburg, Tenn. Owned jointly by the Heirs of A. L. Spears deceased and myself and
the entire tract of coal land reserved from the Lewis Payne tract of land aforesaid and all
the mineral interest Therein be divided equally between and among my said three children.
It is my will that my aforesaid daughter Cora Louise, have out of my personal property before
the same is divided Five Hundred Dollars ($500.00) in cash to make her share in the division
of the real Estate as heretofore set out equal to that of my other two aforesaid children.
It is my will that my said beloved wife, Jane, have set apart to her out of the personal estate
of which I die seized and possess, Two Hundred and Fifty Dollars, either in money or personal
property as she desires and one years provision also to be set apart for her, this being in
lieu of what is allowed by law in the absence of a will.
It is my will that the remainder and residue of my personal estate, including all monies, notes,
chose in action and all other personal property not heretofore disposed of, of which I shall
die seized and possessed or to which I shall be entitled at the time of my decease, shall be
divided among my aforesaid three children, to share and to share equally in the same.
Lastly I do nominate and appoint my wife Jane Executrix of this my last will and testament.
John K. Tate.
Signed, sealed, published and declared as and for the last will and testament of John K. Tate
in the presence of us, who at his request and in his presence of each other have subscribed
our names as witnesses hereunto.
This the 28th day of May 1903.
John T. Raulston.
Joe L. Raulston.