Source: Sumner County Tennessee, Will Book Vol. 4, pages 494 - 497

State of Tennessee
To the Honorably Judge of the County Court of Sumner County, Holding and Presiding at Gallatin Tennessee.

Whereas in our Supreme Court of Errors and Appeals at Nashville, at its December Term 1890, it was adjudged and ordered in the cause

John W. Franklin
Vs
Ed N. Franklin

Appealed to our said Court from the Circuit Court of Sumner County, that the paper writing in question in said cause be admitted to probate as the last Will and Testament of J. N. Franklin deceased.

These are therefore to require you, the Court as aforesaid that proceed with the execution of this Judgement of our said Supreme Court try? admitting said paper writing which accompanies this order to probate as the last Will and Testament of J. A. Franklin decd.

Witness A. V. Goodpasture Clerk of our said Court at office in Nashville the first day in December 1890.
A. V. Goodpasture
Clerk

State of Tennessee
Be it remembered that at a Supreme Court of Errors and Appeals began and held at the Capital in the City of Nashville on the First Monday in December A.D. 1890, it being the first day of December 1890, Present, the Hon Chief Justice Peter Turney and Associate Justices W. C. Caldwell, Horace H. [pg 495] Lurton?, B. J. Lea and D. L. Snodgrass when the following proceedings were had to-wit:
Friday March 6th. 1891.

John W. Franklin
Vs
Ed N. Franklin

This cause was this day heard before the Supreme Court at Nashville upon a transcript of the record from the Circuit Court at Gallatin, when it appears that there is no error in the judgement and proceedings of the Court below and the same is in all things affirmed.

It is therefore adjudged that Ed N. Franklin recover of John W. Franklin and his sureties Ernest Franklin, R. L. Franklin, S. F. Wilson, J. J. Turner and B. D. Bell the Court below, for which ? may issue. It is ordered that the paper writing in question be sent back with a certified copy of this judgement to the County Court of Sumner with direction that the same be admitted to probate as the last Will and Testament of J. A. Franklin dec'd.

Office of Clerk of the Supreme Court for the middle division of the State of Tennessee.
I A. V. Goodpasture Clerk of said Court, do hereby certify that the foregoing is a true perfect and complete copy of the Judgement of said Court pronounced at its December Term 1890 in the case of John W. Franklin against Ed N. Franklin as appears of record now on file my office. In testimony whereof I have hereunto set my hand and [pg 496] affixed the Seal of the Court, at office in the Capital at Nashville on this the 8th. day of April 1891.
A. V. Goodpasture
Clerk

WILL
Washington Ga. Octo 1871
This is my last Will and Testament.
I will and bequeath to my Bro Edw'd N. Franklin my entire estate Including my interest in my uncle Jno. Armfielf estate, my Shot gun, Winchester Rifle, Watch, Gold Headed cane, and any thing that is mine. He is to have the interest arising from a proper investment of the money from my uncles estate to do with as he pleases but the principal is to go to his children in case he has any.

In case he dies with-out heirs I want my Sister Mrs. Adele Van Bibber to have it on same conditions. I appoint my Bro. Edw'd N. Franklin to qualify as my Administrator and act without bond. I want him to buy a ticket to Louisville Ky for Alice and give her five hundred dollars.

J. A. Franklin

County Court Sumner County April Term 13th. 1891.
A paper writing declared by legal verdict in the Circuit Court of Sumner County Tennessee and which verdict was affirmed by the Supreme Court of Tennessee to be the last Will and Testament of J. A. Franklin deceased was this day presented in open Court for probate together with the Decree and order of the Supreme Court thereon, duly certified under seal by the Clerk of said Court directing that said paper writing be admitted by this Court to probate. It is therefore ordered adjudged and decreed that said paper writing [pg 497] be recorded as said last Will and Testament of J. A. Franklin deceased, together with the said decree and order of the Supreme Court thereon: And Ed N. Franklin named in said Will as the Administrator of said estate and being excused from giving bond as such appeared in open Court and accepted the same when he was duly qualified as Executor of said Will and Estate and Letters Testamentary ordered issued to him.
A true copy
Harris Brown Clerk

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