Will of Daniel Payne
[Will Book 1, pages 242-244 (transcribed by Beverly Burton Culbreth)]

I, Daniel Payne, of Marion County, Tennessee, being of sound mind and disposing memory, do hereby make and publish this my last will and testament, revoking and annulling all others by me at any time heretofore made.

First: Out of my personal property, moneys, chosen [sic- choses] in action, etc that I may die seized and possessed of, my executors will pay all my just debts, including my funeral expenses.

Second: I give and devise unto Mrs. Louisa Payne, the surviving widow of my son, Louis Payne, deceased, for and during her natural life, and at her death to her heirs of her body by my son, Louis Payne, the following real estate:

Located in what is now the 4th, formerly the 0th, Civil District of Marion County, Tennessee, known as the Gourdneck farm, which was originally owned by my father, Robert Payne, deceased, and which I purchased from my brother Louis Payne, deceased, and containing about 100 acres.

Also all the mountain land that I now own lying on the west side of the Gourdneck farm, and which I bought from S. W. Raulston, and containing 100 acres more or less. Reference is made to my deeds of record in the Register's office at Jasper, Tennessee, for more specific description of said land.

Third: To my grand son, Lemuel J. Payne, I give and devise the following real estate, situated in what is now the 4th, formerly the 9th district of Marion County, Tennessee: The farm known as the W. O. Payne place and also known as the hill side place, including the W. O. Payne house and all the land on the side of the mountain above the hill side field, lying east of a line commencing on a stone set in the ground on the south side of the Gourdneck Road and about 50 yards from the W. O. Payne house. and running thence up the mountain Southwardly paralel [sic] with the line between my farm and the Amanda Beene farm, to my south boundry line.

Also the tract of land which I bought from John L. Beene in Gourdneck Cove, containing about 65 acres and lying on the side of the mountain. Reference is made to the deed from John L. Beene to me of record in the Register's office of Marion County, at Jasper, Tennessee, for a full description of said tract.

Also the field on the North side of the public road, directly opposite the hill side field, bounded on the west by a cross fence along which are a number of cedar trees; on the east by Amanda Beene; on the North by a cross fence intersecting the fence near a barn and about two (2) rods North of a cedar in the fence corner; and on the South by said public road.

Fourth: To Mrs Mary Blizzard Payne, wife of J. Edward Payne, who was reared by me and my wife, and who has always been faithful and dutiful to us, and especially in appreciation of the services and kindness shown by her to my wife, Fannie, in her age and infirmities. I give and devise, for her sole and separate use, free from the debts and liabilities of her husband all that part of my land, located in said district of Marion County, Tennessee, that lies North of the field which I herein devise to Lemuel J. Payne on the North side of the public road, east of a line commencing at the Northwest corner of the said field and running straight Northwardly with the cross fence to a cedar post at the dry creek and thence North 30° East 14 poles to a cedar marked with three hacks; thence North up to the mountain to my North boundry line, and bounded on the East by Amanda Beene; on the South by said Lemuel J. Payne field; and on the west by the lands herein devised to Daniel Ruseau Payne.

Fifth: To my son, Daniel Ruseau Payne, who has lived and worked with me all his life, I give and devise, under the provisions and conditions stated in the next clause of this will, all that part of my home place where I now live, in said district of said Marion County, Tennessee, lying North of the public road and west of the lands herein devised to Mary Blizzard Payne and Lemuel J. Payne, including the house, barns, orchards and other improvements where I live, and all of the mountain land that I own south of the public road, except the parts of same hereintofore devised to Lousa Payne and Lemuel J. Payne. Said mountain land was also purchased by me from S. W. Raulston.

Also a tract of Mountain land located in the same district of said County on the top of Cumberland Mountain at the Doran Stand, where Griff Garner now lives and containing about 100 acres.

Sixth: But if my wife, Fannie survives me, she is to have for and during her natural life, for her support and maintenance, the use, fruits and incomes from the lands devised to my son, Daniel Ruseau Payne. And if my said wife should survive both myself and my said son, Daniel Ruseau Payne, at her death said lands will vest in her heirs of the body of my said son, Daniel Ruseau Payne, if he have any, and if he have none, it will revert to my estate and be sold by my executors and distributed among my heirs.

It being my will and desire that in the event my said wife, Fannie, survives me, that she have the use of my said home place and that my said son, Daniel Ruseau, live with her and provide for her during her life and for her reasonable funeral expenses at her death.

Seventh: After the payment of my funeral expenses and just debts,my executors having charge of my personal property will, in the event my wife, Fannie, survive me, set apart for her use such goods and chattels as they may think she will require for her comfortable support and maintenance and the remainder of my goods and chattles, including live stock, farming equipment household goods, etc., in fact, all personal property, except money on hand, will by my executors be divided equally and equitably between my son Daniel Ruseau Payne and Mrs. Mary Blizard Payne. And if my said wife, Fannie, survive me, my executors will hold, as trustees, for her benefit and during her life, all moneys and bills receivable that I may have on hand at the time of my death. Said executors will use such sums of said money as may be by them deemed expedient for the comfortable support and maintenance of my said wife during her natural life. Upon the death of my wife, or in the event that she dies before I do, my said executors will divide all my personal estate, including money, equally between my said son Daniel Ruseau Payne and said Mary Blizzard Payne. It is my will that my executors divide said property and money between said Daniel Ruseau Payne and Mary Blizzard Payne, in kind, making each equal to the other as nearly as it is possible to do. Their decission [sic] in the division of said property will be final and binding upon my said son and Mary Blizzard Payne.

Eighth: I hereby nominate and appoint as executors of this will, Lemuel J. Beene, R. M. Payne and Sam R. Raulston and having full faith and confidence in their honesty and integrity, I hereby excuse them from executing bond.

Ninth: I hereby direct my said executors, after my death, to have all of my lands surveyed and the various portions herein devised set apart to my various devisees by specific descriptions, and in order that each of my devisees may know the exact boundries [sic] of the lands herein devised, I instruct my executors, after having said lands surveyed and platted, to execute to each devisee a deed describing said lands specifically. The expenses incident to making said surveys and executing said deeds will be paid by my executors out of my personal estate together with the other expenses incident to the administration, before the distribution of same as hereinbefore directed.

Tenth: In the funeral expenses of myself and wife herein directed to be paid will be included what my executors may deem suitable tombstones and marks for our graves.

IN WITNESS whereof I do to this, my will, set my hand, this the 3 day of January, 1907.

Daniel Payne (his mark)

Signed and Published in our presence, and we have subscribed our names hereto in the presence of and at the request of the testator.

This 3 day of January 1907.
C. P. Beene
S. M. Raulston

The above interlining was done before being signed and witnessed