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
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
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
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