Joel YARBROUGH's Will

 

From TSLA microfilm Marshall Co. #42

Will Book C, pp 81-83

 

Transcribed and donated by Dana Hill

 

 

 

State of Tennessee)

Marshall County   )    November the 27th 1871

                           I Joel YARBROUGH do this day make and publish this as my last will and

testament hereby revoking and making void all other wills by me at any time made.

First.   I direct that my funeral expenses and all my just debts be paid as Soon after my death as

possible out of any money that I may die seized and possessed of or may first come into the

hands of my executor.

Secondly.

         My will and desire is and I do So devise that my Son Joseph M YARBROUGH pay off all

my just debts and funeral expenses without making any public Sale or Selling off any of my

property more than he can avoid, but if it become necessary to Sell any of my property, my Said

Son Joseph YARBROUGH is hereby empowered to make Such Sale privately.  All the

remaining property I wish to remain on the place during the natural life of my wife Nancy.  And

after the death of both myself and wife Said property or So much of the Same as may not be

consumed shall be the Sole property of my Said Son Joseph M.

Third.

      I will and bequeathe to my daughter Eliza Ann YARBROUGH wife of Joseph

YARBROUGH fifty acres of land to be hers for her Sole use, benefit and Support, but not to be

hers or take effect until after the death of myself and my wife Nancy.  Said fifty acres of land

being the Same land I once Sold to my Son Robert W YARBROUGH and afterwards purchased

the Same back, For the boundaries of which reference is had to Said deeds, but the above bequest

is made upon the condition that my Said Daughter Eliza Ann pay to my daughter Rebecca E

SPENCER Two Hundred Dollars, to be due one half in one year and the other in two years after

the death of both myself and my wife Nancy.

Fourth.

     I will and bequeathe all the remainder of my real estate to my Son Joseph M YARBROUGH

as a compensation for taking care of myself and wife during our natural lives, but not to take

effect until after the death of both, and after the death of both the Said Joseph M YARBROUGH

shall pay out of the value of my land and property which may come into his possession by virtue

of this my last will, Twenty Five Dollars to each of my following named children which Shall be

their full share of any estate both read and personal, to wit   Matilda McQUERTER wife of John

L McQUERTER, Rachael A WHEELER wife of E R WHEELER, Robert W YARBROUGH,

Joanna P McQUERTER wife of D Y McQUERTER, Fountain E LAVENDER wife of William F

LAVENDER and Demarias J FARRAR the wife of N W FARRAR

Lastly

       I hereby appoint as my Executor to this my last will and testament my friend Isaac V. DARK

to carry out this my last will and testament

                                                        Joel YARBROUGH

Assigned and acknowledged

before us and we have hereunto

Subscribed our names at the

request of the testator.  This

the 21st Nov. 1871

                 J. J. ELLIOTT

                 T. J. CATHEY

                A. B. STILWELL

 

Codicil to this my will.

                  I hereby affirm this will and republish the Same in all things except that portion of my

will which requires my daughter Eliza A YARBROUGH to pay my daughter R. E. SPENCER at

the date of my will but afterwards married Thomas WRIGHT who is now dead the Sum of Two

Hundred Dollars, is hereby revoked and Said Eliza A YARBROUGH is to have Said land

without paying anything to any one

Witness my hand on this the 30th day of October 1880

 

Signed by us in the presence of     )         Joel YARBROUGH (SEAL)

the testator at his request as      )

witnesses to this his codicil to    )

this his last will & testament      )

on this the 30th day of October 1880)

             Thomas B HARDISON

             Thomas WEAVER

 

     I  Joel YARBROUGH being of Sound mind do hereby make this my Second Codicil and

affirm this my will and first codicil and republish the Same in all things except that portion of my

will which requires my son Joseph M YARBROUGH to pay to my following named children the

Sum of Twenty five dollars each, namely. to wit Matilda McWHIRTER wife of John L

McWHIRTER, Rachael A WHEELER, wife of E R WHEELER, Robert W YARBROUGH 

Joanna P McWHIRTER wife of D Y McWHIRTER, Fountain E lavender wife of W. F.

LAVENDER, Demarias J FARRAR wife of N. W. FARRAR which p portion being described in

Said will in the fourth item is hereby revoked and the Said Joseph M YARBROUGH is to have

Said property and is not required to pay anything to my above named children.

     Given under my and and Seal, this the 17th day of January 1883.

                     Joel YARBROUGH   (SEAL)

 

Acknowledged in our presence

the day & date above written

Test         Thomas B HARDISON

                 M. L. HARDISON

 

State of Tennessee )

Marshall County    ) County Court July Term 1884

     This day personally appeared in open Court J. J. ELLIOTT   T.J. CATHEY and A B

STILWELL the Subscribing witnesses to the foregoing will, and also Thomas B HARDISON

and Thomas WEAVER the Subscribing witnesses to the first codicil and Thomas B HARDISON

and M. L. HARDISON the Subscribing witnesses to the Second Codicil to Said will and after

having been first duly sworn proved the due execution of Said will and codicils respectively by

the testator upon the days and dates therein written as required by law and the Court ordered the

Same to be Certified & recorded

           Witness my hand at office this the 7th day of July 1884

                              Jo McBRIDE Clerk