Leah McGahey's Will

Marshall County Tennessee

Will Book 3, pages 296 & 297

STATE OF TENNESSEE    )

COUNTY OF MARSHALL)  Know all persons by these presents that I Leah McGahey of the county and state aforesaid, being of sound mind and good memory do make this my last Will and Testament hereby revoking all wills by me at any time made.

First - I direct that all my debts if I owe any and my funeral expenses including neat tombstones be paid out of any moneys of which I may die possessed.

Second - I will and direct that my household goods be equally divided among Margaret McGahey, Sally Duckworth and Kink K. Kerr and that my livestock, farming implements, tools of all kinds be sold and the proceeds of the same be equally divided among the above named parties.

Third - I bequeath my real estate to my sister Margaret McGahey during her lifetime.

Fourth - After the death of my sister above named I will and direct that my land be divided into five equal parts.  One part to  K. K. Kerr and one part to Leora Duckworth.  One part to Ogla Duckworth, one part to Burney and Ross Luna jointly, and one part to Horace Duckworth.

     The part I bequeath to Horace Duckworth is only during his lifetime and at his death it shall be divided among the other heirs to whom I have bequeathed the other parts.

Fifth - The bequest of my lands shall be subject to these conditions Viz.  that my land shall not be sold out of my family above named and any of my heirs selling his or her part to ootside parties shall forfit his right to the same and I direct that said part shall be equally divided among the other legatees.

     The second condition is that whoever owns the part containing the forest trees above my spring and extending above my house should cut down and destroy the same he shall forfit his right to his or her part and it shall be divided among the other legatees. 

     This first day of October A. D. 1896.

                                                                  Leah McGahey  {her Seal}

Attest:  W. J. Rambo

STATE OF TENNESSEE)

MARSHALL COUNTY   )  This day came W. J. Rambo the subscribing witness to the forgoing will and after being duly sworn according to law proved the due execution of the same by the testatrix upon the day and date therein named.  Whereupon the Court ordered the same certified and the will recorded.

Witness my hand at office this March 1 - 1897

                                                                          W. L. Walker

                                                       By ? H. Orr,  D. C.

Her tombstone at Round Hill Cemetery reads:  Leah, dau of David McGahey

                                                                                 Mar 28, 1824 - Dec 23, 1896

                                                                                 Age 72 yrs., 9 mos., 17 days

Transcribed and submitted by Dick Wood, December 2004