Will of Joseph Wallace
Signed 31-Mar-1885
Probated April Term 1885

Transcribed and Contributed by Jim Price
© 2004

Source: Sumner County Tennessee, Will Book Vol. 4, pages 317-321 & 458 - 443

I, Joseph Wallace do make and publish this as my last Will and testament.

Item 1st.
I give to my son Jo Walter Wallace that part of the land in Sumner County, which I bought from Samuel Wallace's estate Known in Nimmo's Survey and plat as lots No.'s 3 & 4. Lot No.3. contains 69.30/100 acres and lot No.4. contains 72.3/10 acres. Said two lots are bounded on the North by the tract I gave J. R. Wallace on the West by the land I gave Mary J. Wallace [pg 318] East by my home place and R. Moody and on the South by Joseph Laws. I also give Jo Walter Wallace a tract of timbered land, bounded as follows. Begining on a Black Oak, Wm Pash and Wm Capps corner, thence West to Gallatin and Bracken town road thence N 114 poles to a mud hole on what is Known as the Old Kentucky line, thence S 89(degrees) W with blazed line to where it intersects Pash and Capps line, thence East to white oak Pash & Capps corner, thence South with line to the Begining. I also give to Jo Walter Wallace 142 acres on the South West corner of my prairie land in Hill County Texas, and 42 acres of my timbered land in said County bounded on the West by J. E. Wallace and on the East by J. R. Wallace.

Item 2nd.
I give to my son George Wallace 142 acres on the N.E. corner of my prairie land in Hill County Texas, bounded on the South by the land I gave Mary J. Wallace on the West by Lydia Love's part. I also give George Wallace 42 acres off of S.W. corner of my timbered land in said Hill County Texas.

Item 3rd.
I give my son James Edgar Wallace 122 acres off of the N.E. corner of my home place to be laid off as follows. Begining at a (point?) 3 poles N.E. of a corner rock between me and Milus Elliott, thence East to line between Empson Wallace purchase and Sany? Stewart being Known as the Same Stewart lane, thence North for completion. I also give James Edgar Wallace a tract of timber land land (repeat) in Sumner County containing 25 or 30 acres, bounded as follows. Begining at a mud hole on what is Known as the old Kentucky line, thence S. with Gallatin [pg 319] and Bracken town road to Baskersville's line corner to J. W. Wallace, thence E to the top of the ridge, thence with new marked line to the old Kentucky line, thence W 95 (degree)to the Begining. I also give to my son James Edgar Wallace 142 acres of my prairie land in Hill County Texas, said 142 acres is on the N.W. corner of my said land. I also give James Edgar Wallace 42 acres on the N.W. corner of my timbered land in said Hill County Texas.

Item 4th.
I give to my daughter Mrs. Lydia Love to her sole and separate use 46 acres of land in Sumner County it being the tract of land which was conveyed to me by Empson Wallace. But my wife has a life estate in said 46 acres of land, and Lydia Love is not to come into possession of said 46 acres of land until the death of my wife. I also give to my daughter Lydia Love a tract of land of 24 or 25 acres in the Sumner County bounded on the East by Wm Campbell and Wm Love on the S by T. Love. on the N by Susan Jones, on the West by John Rutledge. I also give to my daughter Lydia Love a tract of ridge or timbered land in Sumner County containing 30 or 40 acres, bounded as follows. Begining at a Black Locust & Poplar, thence S 40 poles to a stake, thence # 80 poles to an Elm, thence N 50 poles to a stake with pointers, thence W 140 poles to a stake with pointers, thence S 20 poles to a stake thence E 40? pole to Begining. I also give Lydia Love two tracts of land in Hill County Texas to wit; 142 acres on the N.E. corner of [pg 320] my prairie land and 42 acres on the N.E. corner of my timbered land. All of the land given to Lydia Love is given to her sole and Separate use.

Item 5th.
I give to Jo Walter Wallace five hundred dollars.

Item 6th.
I give to James Edgar Wallace five hundred dollars.

Item 7th.
I give to my beloved wife Elizabeth Wallace all of the remainder of my home place, after my devise of 122 to James Edgar Wallace and the 46 acres given as above to Lydia Love. I also give to my wife Elizabeth all of my personal estate of every kind, after the payment of the two legacies of $500. each to Jo Walter and James Edgar Wallace.

Item 8th.
I have made deeds to my son J. R. Wallace and my daughter Mary J. Wallace, of the lands which I intended to give them. and I have given to them respectively the lands described in their respective deeds.

Item 9th.
I appoint my wife Elizabeth Wallace Executrix of this my will and direct that she shall not be required to give bond and security as said Executrix.

This the 31st. March 1885. (signed) Jo Wallace

Witness,
B. S. Allen
Thos M. Woodlson

State of Tennessee
Sumner County Court April Term 1885.
The last Will and testament of Joseph Wallace dec'd was this day presented in open Court for probate, and was duly proven by the oaths of B. F. Allen and Thos M. Woodson subscribing witnesses thereto, which was received by the [pg 321] Court and ordered to be recorded. There upon Elizabeth Wallace the Executrix named in the Will appeared in open Court and accepted the same, bond and security not being required of her by the terms of the said Will. The said Elizabeth Wallace as Executrix aforesaid was duly qualified and the Clerk of this Court will issue to said Elizabeth Wallace letters of Executrixship.
Copy Test: (signed) O. H. Fister Clerk

Source: Sumner County Tennessee, Will Book Vol. 4, pages 458 - 443

Lawsuit on Joseph Wallace Will

State of Tennessee}
Sumner County } County Court Apl.Term
April 29th. 1889.

Mrs. Elizabeth Wallace Executrix
Vs
Thos. R. Love & wife Lydia love & Geo. G. Wallace.

In this cause the Will of the late Joseph Wallace decd, was returned from the Circuit Court of Sumner County with the action thereon of said Court which is ordered to be recorded and is as follows.
State of Tennessee
Sumner County
Be it remembered that at a Circuit Court begun and held at the Court House in the town of Gallatin in the County of Sumner on the Third Monday in October in the year of our Lord eighteen hundred and eighty eight and of American Independence, the one hundred and 13th., present and presiding the Judicial Circuit, the following proceedings were had and entered of record to-wit.
October Term 1888, 15th. day of October 1888.
Mrs. Elizabeth Wallace Executrix.
Vs Court. Will
Thos. R. Love and Wife Lydia Love & Geo. G. Wallace.

Came the parties to this cause and also the following Jury of good and lawful men of Sumner County to-wit, W.M. Cummings, C. M. Cummings, J.W. Ward, T.G. Wright, Simon McGee, J.N. Mitchems, Wm. Callender,, A.F. Carter, Alex Keen, N.B. Harrison, J.M. Pearson and G.W. Pearson who being elected, tried and sworn the truth to speak on the issues Joined upon their oath do say that the writing men-[pg459] tioned in the issue, is the last Will and Testament of Joseph Wallace, deceased. Therefore it is adjudged by the Court that said writing is the last Will and testament of the said Joseph Wallace deceased, and that the plaintiff shall recover of the defendants and also on her motion of J.J. Turner and W.C. Dismukes secty, their security for the prosecution of this suit. The costs herein accrued, and that the Clerk certify a copy of the record in this cause to the County Court of Sumner, together with the ordered by the Court that all the costs of this cause be paid out of the proceeds of the sale of lands that were sold under a decree of the Chancery Court of Sumner County, that are now or the first proceeds of said sale as shall come into the hands of the Clerk of said Chancery Court, in the case of Thos. R. Love and wife Lydia Love vs Mrs. Elizabeth Wallace Executrix and the Clerk of this Court will make out and certify the same to the Chancery Court for payment as soon as practicable. And if the costs shall not be paid in this way then execution shall issue for said costs against said defendants, and their said securities.
A true copy.
Attest
Wm. Hall Clerk

I, Joseph Wallace do make and publish this as my last Will and testament.

Item: 1st. I give to my son Jo Walter Wallace that part of the land in Sumner County which I bought from Samuel Wallace's estate Known in Nimmo's survey and plat as Lots No.s 3 and 4, Lot No 3 contains 69&30/100 acres and Lot No 4 contains 72&3/10 acres, said [pg 460] two lots are bounded on the North by tract I gave J.R. Wallace, on the West by the landI gave Mary J. Wallace, East by my home place and R. Movdy and on the South by Joseph Laws. I also give Jo Walter Wallace a tract of timbered land bounded as follows. Beginning on a black oak Wm Pash and Wm Capps corner, Thence West to Gallatin and Brackentown road, Thence N 114 poles to a mud hole on what is Known as the old Kentucky line, Thence S. 89(degrees) W. with bla??ed line to where it intersects Pash & Capp's line. Thence East to white oak, Pash & Capp's corner . Thence South with line to the beginning. I also give to Jo Walter Wallace 142 acres on the South West corner of my prairie land in Hill County Texas and 42 acres of my timbered land in said County bounded on the N. by J. E. Wallace and on the East by J.R. Wallace.

Item:2nd. I give to my son George Wallace 142 Acres on the N.E. Corner of my prairie land in Hill County Texas, bounded on the South by the land I gave Mary J. Wallace and on the West by Lydia Love's part. I also give George Wallace 42 acres off of S.W. corner of my timbered land in said Hill County Texas.

Item: 3rd. I give my son James Edgar Wallace 122 acres off of the N.E. corner of my home place to be laid as follows: Beginning at a point 3 poles N.E. of a corner rock between me and Milus Elliott, thence East to line between Empson Wallace purchase and Sam Stewart, being known as the Sam Stewart lane, thence North for compliment.

I also give James Edgar Wallace a tract of timbered land in Sumner County, containing 25 or 30 acres, bounded as follows, Beginning at [pg 461] mud hole on what is known as the old Kentucky line, thence S. with Gallatin and Brackentown road to Baskerville's line corner to J.W. Wallace. Thence E. to the top of the ridge. Thence with new marked line to the old Kentucky line. Thence W. 95 (degree) to the beginning.

I also give to my son James Edgar Wallace 142 acres of my prairie land in Hill County Texas said 142 acres is on the N.W. corner of my said land. I also give James Edgar Wallace 42 acres on the N.W. corner of my timbered land in said Hill County Texas.

Item: 4th. I give to my daughter Mrs. Lydia Love to her sole and separate use 46 acres of land in Sumner County, it being the tract of land which was conveyed to me by Empson Wallace, but my wife has a life estate in said 46 acres of land, and Lydia Love is not to come into possession of said 46 acres of land until the death of my wife. I also give to my daughter Lydia Love a tract of land of 24 or 25 acres in Sumner County bounded on the East by Wm. Campbell and Wm. Love, on the S. by T. Love, on the N. by Susan Jones, on the West by John Rutledge, I also give my daughter Lydia Love a tract of ridge or timbered land in Sumner County, containing 30 or 40 acres, bounded as follows, Beginning at a black locust, thence E. 80 poles to an elm, Thence N. 50 poles to a stake, with pointers, Thence W. 140 poles to a stake with pointers, Thence W. 140 poles to a stake, Thence E. 40 poles to beginning. I also give Lydia Love, two tracts of land in Hill County Texas to wit; 142 acres on the N.E. corner of my prairie [pg 462] land and 42 acres on the N.E. corner of my timbered land, all of the land given to Lydia Love is given to her sole and separated use.

Item: 5th. I give to Jo Walter Wallace Five Hundred Dollars.

Item: 6th. I give to James Edgar Wallace Five Hundred Dollars.

Item: 7th. I give to my beloved wife Elizabeth Wallace, all of the remainder of my home place after my devise of 122 acres to James Edgar Wallace and the 46 acres given as above to Lydia Love. I also give to my wife Elizabeth all of my personal estate of every kind, after the payment of the two legacies of $500.00 each to Jo Walter and James Edgar Wallace.

Item 8th. I have made deeds to my son J.R. Wallace and my daughter Mary J. Wallace of the land which I intended to give them, and I here give to them respectively the lands described in their respective deeds.

Item: 9th. I appoint my wife Elizabeth Wallace Executrix of this my Will and desire that she shall not be required to give bond and security as sais Executrix.
This the 31st. March 1885
Jo Wallace
Witness
R.F. Allen
Thos. M. Woodson
A true copy
Attest
Harris Brown Clerk



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