Source: Sumner County Tennessee, Will Book Vol. 4, pages 475 - 478
[ page 476 ]
I, Burrel Bender of the County of Sumner State of Tennessee do make and publish the following
as my last Will and Testament, hereby revoking all former Wills by me at any time made.
Item 1. I will and direct that all my just debts and funeral expenses be (paid(missing)) out of the first money that come to the hands or (sic ?) my Executor hereinafter to be named.
Item 2. I give and bequeath to my grand-niece Lura Smith wife of Albert Smith in addition to what I have heretofore given her, One thousand dollars.
Item 3. I give and bequeath to my grand niece Lillie Knowles, one thousand dollars in addition to what I have heretofore given to all of my relatives except the four children of my niece and adopted daughter Mary E. Frazier wife of Jno. C. Frazier, all that I intened them to have and therefore I now give them nothing except what they may take take (repeat) under this will as provided above for Lura Smith and Lillie Knowles. I therefore will and devise to the four children of said niece and adopted daughter Mary E. Frazier, viz. William B. Frazier , Bright P. Frazier, Lizzie Frazier and Birdie B. Frazier all the balance and mixed of my estate, both real, personal and mixed of whatever kind or discription, to them and their heirs equally. But out of this real estate I wish the said William B. Frazier to have the following, which I hereby give and devise to him individually viz. the one hundred acres of land I bought from James Anderson and the fifty acres of land I bought of Jno. W. Franklin and also one hundred and twenty four acres of land situated in Wilson County Tenn. The same known as the Britt land. These lands are to be valued to him at a fair reason price and the total value to comp(ose)? [page 477] a part or the whole of his one-fourth interest in the said remainder of my estate.
Item 5. The balance of my said estate consisting of Bank and Insurance Stock amounting to about ten thousand dollars also about seven thousand and five hundred dollars in Davidson County bonds; and three thousand and two hundred dollars in Cotton Factory bonds, money, notes and live stock, all of which I wish equally divided between the said four children of my niece and adopted daughter Mary E. Frazier; the said William B. Frazier to receive his one fourth interest in all of my said estate both real and personal less the value of said lands.
Item 6. If I do not have the same on hand at my death I wish the interests of Bright and Birdie to be invested in some safe and paying securities until they attain their majority only the interest accuring from the same to be consumed during their minority.
Item 7. I nominate and appoint my nephew John S. Bender my Executor not requiring him to give bond and security as such. I further direct that my Executor in all cases when he may need legal advice and assistence to apply to W. S. Munday who has been my attorney and solicitor for several years.
Item 8. I appoint my nephew Jno S. Bender guardian for Bright and Birdie Bender should they be
minors at the time of my death. This the 16th. day of December 1884.
(signed) Burrell Bender
( Note, name Burrell has only one L in the beginning, JP)
Signed and acknowledged in our
Presence and in the presence of the Testator.
[page 478]
at his request and in the presence of each other
we have subscribed our names as Witnesses.
This 16th. day of Dec. 1884
Chas. W. Trousdale
T. J. Holder
State of Tennessee
Sumner County Court Dec. Term Dec.19th. (year not showing)
The last Will and Testament of Burrell Bender deceased was this day produced in open Court
for probate and duly proven by the oaths of Chas W. Trousdale and T. J. Holder the two
subscribing witnesses thereto, when the said Will was received by the Court and ordered filed and
recorded as the said last will and testament of Burrell Bender deceased. And J.S. Bender being
named in the said Will as the Executor thereof appeared in open Court and accepted said
appointment and being excused in said will from giving bond or security as said Executor was
duly qualified and letters Testamentary thereof ordered issued to him.
A copy Attest
Harris Brown Clerk