Source: Sumner County Tennessee, Will Book Vol. 4, pages 383 - 401
I John Branham of the County of Sumner State of Tennessee being of sound mind and memory do make and publish this as my last will and testament.
First; It is my will that my Executor hereinafter named pay all my just debts & funeral expenses as soon after my death as possible out of the first monies of mine that may come into his hands.
Second. With respect to my property it is my will & desire to herein confirm the disposition of it made by me in various deeds of gift to my children & grand children which deeds I have heretofore executed and had attested but have not delivered as I did not desire them to operate & effect a distribution of the title out of me to the property described in them during my life: That is I desire my son John T. Branham to have my property described in my deed to him dated Jany. 1st. 1878 & attested March 1st. 1880 by S. F. Wilson & W. S. Munday-: Said deed is marked, or has written on it, Exhibit "A" and will be left with this paper, & will be found with it, if not lost, or mislaid, or unintentionally destroyed I also desire my said son John T. Branham to have my property described in my deed of gift to him made 6th of January 1874 & attested by James Hall, Geo. A. Leiser?, H, C. Duffy & James M. Head. The said deed is left with this will, marked "Exhibit "B." The deed Exhibit "B" give to my said son John T. what is known as the Joel Parish place situated about one or one & a half miles Easy of Gallatin Sumner [pg. 386] John T. Branham as my Executor & his[sic] is not required to give any bond as such: And he will as soon after my death as proper & prudent deliver to the parties respectively entitled the deeds of gift herein before mentioned, except the deed to Mary Drake, which if I die before she marries or arrives at age he will have registered & hold until she arrives at age or marries, he is required to act as her trustee in regard to her property, and he will not be required to render any account in respect to said property prior to my death, further or otherwise than he has or may have accounted of to my death.
In witness whereof off I have hereunto affixed my name & seal to this as my last Will &
Testament & acknowledged the same as my Will in the presence of the attesting witnesses, This
Feby. 26th 1881.
I John Branham being of sound mind and discretion do make and publish this as a codicil to the
Will heretofore made and published by me bearing date Feby. 26th 1881 and witnesses at my
request on the [pg. 387] same day by S. F. Wilson and J. B. Howison. First; Whereas my daughter
Barthinia P. Head has died since the execution of said instrument it is my Will and desire that the
property conveyed to her by the deed therein referred
to and marked as Exhibit G. be and the same is hereby conveyed to her husband James M. Head,
to take effect at my death during the term of his natural life and at his death to be divided equally
between the children of my daughter Barthinia or their descendants surviving them at the death of
the said James M. Head.
Second; Whereas I have taken from each of my children or their husbands, a note calling for the
sum of one hundred and fifty dollars per annum up to the time of my death for the use of the
property conveyed to them (except from my grand daughter Mary Drake). And Whereas I have
upon several occasions called upon them for certain amounts have been paid by some of them as
designated by the amounts respectively credited thereon. Now therefore in order to make all
of my children as near equal as may be, it is my desire that at my death each of said notes which
are enclosed with these papers be delivered to the parties who gave them, or their heirs, or
representatives upon the payment to my Executor of a sum sufficient to make each of my said
children or their husbands equal as to the amount contributed, said [pg. 388] sums when collected
by him to be turned over to the parties whose paid more than their pro rata share. That is the sum
total of the amount credited upon said notes up to the time of my death. But without any interest
whatever thereon is to be taken and prorated amongst the six children or their husbands executing
said notes (excepting always from the operations of this this? Clause my grand daughter Mary
Drake who is in no wise to contribute to the same in any manner whatever) those paying less to
make good to those who have paid more the sums thus advanced by them Said charges to
remain a lien upon the property respectively deeded to each until paid and when said pro rata
charge has been paid then said notes are to be delivered up to the parties executing the same, and
no other or further portions of said notes shall ever be collected, they having been taken alone for
my in demnity and satisfaction.
Third; In this event any of my other children or grand children to whom deeds of conveyance
have been made by the deeds and under the will heretofore referred to should die before me it is
my Will and desire that the property referred to shall pass and be disposed of just as it would have
been under said will, had said children or grand children died subsequent to my death.
Attest.
January 1st. 1878
The condition of the above obligation is that I am entitled to hold my One half Interest in the
above described property during my life time at my death then this deed will be in full force &
virtue I Given under my hand and seal the date above written.
(signed) John Branham
Know all men by these presents that I John Branham (Signor) have this day conveyed to my son
John T. Branham his heirs and assigns forever a certain tract of land in the County of Sumner &
State of Tennessee about One & a half miles East of Gallatin Known as the Joel Parrish place and
bounded as follows, on the West by Mrs. Blackmore dower of the North by Richard Tomkins &
Felix Woodard on the East by Jos. Robb heirs on the South by Mrs. Calgy and the old Cairo road
which I value at seven thousand [pg. 391] dollars the receipt where of is hereby acknowledged
and
the further consideration of money used out of the firm of Branham & Son while doing business
to gether in the flour trade for the purchase of a house & lot in the Town of Nashville. Also for
money used out of Sd. Firm (The following crossed out( in the purchase of a place from my son
Albert where on Charley Bright now lives also)) also for money used & labor done on the above
described place by the Sd. John T. & I hereby bind myself my heirs & administrators &c to
warrant and defend the title of the above described tract of land against all lawful claims
whatsoever to the afore Sd. John T. Branham his heirs & assigns forever. The conditions of the
above obligation is this that the wright & title of the aforesaid tract of land remaining me as long
as I live at my death then this obligation to be in full force & Virtue and not until then. Given
under my hand & seal the 6 day of January 1874.
For and in consideration of the love and affection I leave to my grand daughter Mary Drake, I,
John Branham have this day transferred and conveyed to her sole and separate use during the term
of her natural life [pg. 392] with the remainder to her children and in the event she should die
without
children or their descendants surviving her then to my lawful heirs forever the following tract of
land in Sumner County Tennessee Civil District No as bounded as follows; Beginning at a
hickory on the North side of my spring branch where it inters Frank Rogans land and corner to a
track of land I deeded to A. G. Branham thence up the Spring branch with said Branhams to his
corner about 100 yards below my Spring house, thence South with said Branhams line to an Ash
A. G. Branham corner, thence West with said Branhams line to a stake near to a small thorn
bush, said Branhams corner thence South to Gardners N. E. corner, thence West with said
Gardners line to Barr's line thence with said Barr's line to a big Spring on the North side of a
large branch coming out of said Barr's land, thence Eastwardly down said branch and with a stone
fence to Frank Rogans line to the beginning containing 200 Acres more or less to have and to
hold to the said Mary Drake upon the conditions herein imposed and to her children or their
Descendants forever.
I hereby reserve out of the above conveyance that potion of the above described tract of land
which is enclosed with a stone wall and used for the purpose of a family burying ground
together with the right of inclosing as much more land adjoining the same as may be necessary
[pg 393] to secure a burying ground for so many of my family as see proper to use the same and
also the right of going to and returning from the same.
The object of this deed being to create in my Grand daughter Mary Drake an estate to her
sole and separate use during her life with remainder in fee to her children and in case of failure of
children or their descendants living at her death then and in that event said tract of land is to
revert to my estate to be divided between my lawful heirs. I retain the litgle? And right to control
said property subject to the same restrictions and in in cumbrances? Incidental to my support and
maintainence as has been attached to each of my other children. The remainder of the yearly
profits after payment of all expenses to be kept and used for the benefit of my said grand daughter
during the term of my natural life or until she marries and in case of my death before her marriage
shall occur I direct that my son John T. Branham shall have the same power I have reserved to
myself to manage and control said land for the use and benefit of my said grand daughter until she
marries then the trusteeship shall cease and be at an end. And at the occurring of her marriage my
said grand daughter shall go into the possession and use of said land for life as aforesaid and
subject to the restrictions herein imposed.
Witness my hand and seal this June the [pg 394] 14th 1887
For and in consideration of love and affection, I leave to my grand daughter Lucy Johnson. I,
John Branham have this day transferred and conveyed to her to her sole and separate use during
the term of her natural life with remainder to her children and in the event she should die without
children or their descendants surving her then to my lawful heirs forever subject to the right of
her father J. H. Johnson to use and occupy the same during his life should he survive her, the
following described tract or parcel of land situated in Civil District No Sumner County
Tennessee and bounded as follows: On the North by Francis Rogan on the East by James Bryson
and J. J. Hibbett and on the South and West by James Patterson containing about ninety two acres
more or less and Known as the "Upper Mill tract of land." To have and to hold the same to the
said Lucy Johnson and her heirs forever subject to the above conditions. I convenant that I am
lawfully seized of said land, have a good right to convey the same and that it is
unencumbered (way it is written)
and I bind myself heirs and representatives to warrant and forever defend the title of said land to
the said Lucy Johnson and her heirs subject to the above conditions against [pg 395] the lawful
claims of all persons whosoever. This deed is not to take effect until after my death.
Witness my hand and seal This Jany. 6th 1874
For and in consideration of the love and affection I bear to my daughter Susan Mentlo I hereby
transfer deed convey to the said Susan Mentlo to her sole and separate use free from the debts
contracts and liabilities of her present husband James A. Mentlo or any future husband she may
have in and to (following marked out: (the following described)) one undivided one half interest in
the following described tract or parcel of land situated on the waters of Bledsoes Creek in
Sumner County Civil District No and bounded as follows: Beginning in the middle of the
Turn Pike near the corner of a stone fence in Tandy Arnolds line thence North with said Arnolds
line crossing a branch known as Mentlos branch until it crosses the Mill Pond to Sweeneys line on
the North side of the Mill Pond thence with Sweeneys line until you pass the Mill Dam thence to
the Middle of the Creek and down the creek with its various meanderings to where the Turn Pike
crosses the creek thence with the Turn Pike to the beginning supposed to be contain about [pg
396] fifty acres be the same more or less. To have and to hold the same to the said Susan Mentlo
her heirs and assigns forever free from the debts, contracts and liabilities of her husband. I bind
myself heirs and representatives to warrant and forever defend the title to the same to the said
Susan Mentlo her heirs and assigns against the lawful claims of all persons whomsoever. This
deed is not to take effect until my death at which time it is to be in full force and effect. I further
desire that James A. Mentlo be permitted to
remain in possession of said land during the time of his natural life should he survive said Susan
his wife.
" Exhibit " F "
Know all men by these presents, that I, John Branham of the County of Sumner and State of
Tennessee have for and in consideration of the love and Affection I have for my Daughter Mary
Bright this day conveyed to her sole and separate use during the term of her natural life and at her
death with remainder to her children or the descedents of her children forever a certain tract or
parcel of land lying and situated in the County of Sumner & State aforesaid and bounded as
follows; Beginning at Tandy Arnolds North [pg 397] West corner on the North side of a big
branch and in the old Cairo road thence with the Cairo road North and with James Mentlo's line
until you strike Desha Creek thence up said Creek to James Gardner's line the said creek to James
Gardners' line thence East with Sd. Gardners line until you strike James Pattersons line thence
with with said line crossing Bledsoes Creek to low water mark until you strike Tandy Arnolds line
thence with said line crossing a big branch to Sd. Arnolds corner thence West with sd. Arnolds
line to the beginning containing two hundred and Seventy (270) acres (270) more or less to have
and to hold by my said daughter Mary bright for her sole and separate use during her natural life
with remainder in fee to her children or the descendants of her children forever. I value this tract
of land to my daughter and her heirs at Eight Thousand and five hundred (8500) dollars. And I do
hereby obligate and bind myself and representatives to forever defend the title to the above
described land against the claims of all persons whatever. Given under my hand & seal this 8 day
of October 1874.
For and in consideration of the love and affection I have for my daughter Barthinia P. Head, I
John Branham do hereby transfer and convey to her all the right title and interest I have in and to
the following described tract of land situated in Sumner County State of Tennessee Civil District
No and bounded as follows on the North by what is known as the Baskerville Land the lands
of Dr. Jesse H. Johnson: on the East by Frank Rogan: on the South by the land conveyed by me
to my grand daughter Mary Drake on the West by Wm. T. Barr: supposed to contain about
seventy five acres (75) be the same more or less. To have and to hold the same to the said
Barthinia P. Head her heirs and assigns forever for her sole and separate use free from the debts
contracts and liabilities of her husband. I covenant that I am lawfully seised of the same have a
good right to convey and that the same is unencumbered. I further bind myself and heirs to
warrant and forever defend the title to the same against the lawful claims of all persons whatever.
This deed to take effect from and after the date of my death.
"Know all men by these present [sic] that I John Branham of the County of Davidson [pg 399] &
State of Tennessee have this day conveyed to Albert G. Branham of the County and State
aforesaid a certain tract or parcel of land in the County of Davidson on waters of Richland Creek
bounded as follows Beginning in the middle of the Sharlott pike in Benjamins Cockrills line thence
West with Sharlott pike to M Leipers Corner thence South with Sd. Leipers corner a plaetted?
Rock on the North side of a Small branch thence east with Sd Stephens & Borleys line to Wm.
Childresss' South west corner thence North with Wm. Childress' & B. Cockrills line to the
Sharlott pike the Beginning Also an other parcel or tract being on the North side od Sd Pike
Beginning at Wm Holemans South West corner in the middle of Sd Sharlott pike thence North
with Sd Holemans line to a Stone fence B. Cockrills line thence West with Sd Stone fence
Cockrills line to Jo. Spence's corner thence South with Jo. Spence's line to the Sharlott pike Sd
Spences line to the Sharlott pike Sd Spences corner thence east with Sd pike to the beginning
reference is here made for a more minute description to deed made to me by J. Dunlap & wife
Jonney & registered in office Nashville. The conditions of the above obligation is such that so
long as I am alive the right & title remains in me to the above described tract of land but at my
death then above deed is to be in full force & virtue & I hereby warrant & defend the above
described tract of land from all claims what [pg 400] soever to the Sd A. G. Branham his
heirs or assigns for ever, witness my hand & seal this 1 day of January 1874.
____ State of Tennessee Sumner County Court February Term 1881 or 1887? Thereupon said will and Codicil were duly admitted to probate and ordered to be
recorded as the last will and testament of John Branham Sr. Dec'd.This Feby. 17 1887.
(signed) John Branham
Acknowledged in our presence as his last will & testament & we attest the same at his
request as his will in his presence on this the Feby. 26th 1881.
(signed)
S. F. Wilson
J. B. Harrison?
This 27th day of July 1885.
(signed) John Branham
[Pg. 389]
The foregoing instrument was acknowledged in our presence as the last will and testament of the
said John Branham and we attest the same at his request as his will, and in his presence. This 28th
day of July 1885.
Harris Brown
John A. Patterson
Know all men by these presents that I John Branham of the State of Tennessee & County of
Sumner have this day conveyed to my son John T. Branham of the State & County aforesaid all
my right title claim & Interest to a certain house and lot in the Town of Nashville Davidson
County and State of Tennessee on McMore Street South No 37 bounded as follows. Beginning at
Thomas Mannas North east corner thence North One hundred feet more or less to Paynes Street
thence West with Paynes Street Two hundred & thirty six feet more or less to Slones corner
thence South one hundred Feet more or less to Sd. Mannas North West thence East with Said
Mannas line to the beginning to him and his heirs forever for and in consideration of money used
out of the firm of Branham & Son while in the Mill Business to wit; In Building a Mill on Goose
Creek in land bought from D. Debow, In Furgason's property In paying a security debt for
Thompson in paying for an [pg. 390] Interest in Jimesons estate In raising money to relieve Dr.
Head in paying for that place below Nashville and in paying for the Parrish place. I hereby warrant
and defend the title of the Sd. Property to the Sd. John T. Branham & his heirs for ever.
Attest.
S. F. Wilson
Mch 1st 1880
W. S. Munday
Mch 1st 1880
(signed)
John Branham
Test.
James Hall
H. C. Duffy
Geo. A. Leiper?
Jas. M. Head
(signed)
John Branham
Attest.
Jas. M. Head
S. F. Wilson
(signed)
John Branham
Test.
Jas. M. Head
S. F. Wilson
(signed)
John Branham
James M. Head
S. F. Wilson
(signed)
John Branham
Test.
James Hall
Geo. A. Leiper
James M. Wilson
Written on side of the above page, the following; I further desire that Charles Bright the husband
of my daughter the Mary Bright to whom the above described land is conveyed, be permitted to
remain in possession of the said land during the term of his natural life should he survive the said
Mary his wife.This Jany. 26 1881.
(signed)
John Branham
(signed)
John Branham
Test.
H. C. Duffy
Jas. M. Head
(signed)
John Branham
Test;
Jas. M. Head
In the matter of the estate of John Branham Sr. Dec'd. This day personally appeared
before me Harris Brown Clerk of the County Court of Sumner, S. F. Wilson and J. B. Howison
subscribing witnesses to the foregoing instrument which they presented to the Court as the last
Will and Testament of the said John Branham Dec'd, and who being first sworn deposed and said
that they were acquainted with the said John Branham during his life time and that he
acknowledged in
their presence the execution of the foregoing instrument as his last Will and testament and that
they attested the same as such at his request and for the purpose therein expressed at the time it
bear date. Also personally appeared before me Harris Brown and John A. Patterson subscribing
witnesses to the foregoing codicil to the last Will and testament of the said John Branham dec'd.
and who being first sworn disposed and said that they were acquainted with the said John
Branham during his life time and that he [pg. 401] acknowledged in their presence the execution
of
the foregoing instrument as a Codicil to his last will and testament and that they attested the same
as such at his request and for the purposes therein expressed at the time it bears date.
Copy Test
Harris Brown Clerk
Return to Sumner County Will Transcription Index Page