Source: Sumner County Tennessee, Will Book Vol. 4, pages 327-330
I, Mary L. Martin of the County of Sumner and State of Tennessee being of sound and disposing memory desire to make and publish this writing as my last Will and Testament, hereby revoking and making void all other testamentary writing by me at any time made.
First: I hereby direct that all my Just debts be paid out of any money that may be on hand when I die.
Second: I desire my son Lea Martin to have all my house hold and Kitchen furniture of every Kind and description. By this I mean to include any and every thing in the way of necessary house furniture or for convenience or ornamentation which I may leave. I leave what he is to take of these things to his own exclusinve selection, to take all or only a part as he may choose.
Third: It is my will and desire that Just so soon after my death as is practicable that my Executors herein after named, will sell all my property of every Kind and description and convert the same into money, and the money to be by them equally divided as herein after directed. The real estate here being the farm where on I now live. Containing about 254 acres, and all other real estate of mine where ever situated, they may sell either publicly or privately. And upon such terms as they may deem best for those interested and they will make deeds to the purchasers and are fully empowered to do so by this Will. All my personal they may sell publicly or privately on such terms as they best.
Fourth: I desire the money arising from all [pg 328] sources to be equally divided between my son Lea Martin, the three children of my deceased daughter Sallie Dismukes and my daughter Bettie Fowlkes wife of H. P. Fowlkes of Franklin Tenn. As to Bettie Fowlkes I desire her part held by her husband in Trust, for the use and benefit of his wife during her life, with remainder to her children living at her death, during her life unless in case of real necessity. I desire her Trustee to let her have only the income on the principle for use as she may desire, saving the principle for her children at her death her husband continuing the trust for the children. At no time shall the same be liable for the trustees debts. In case of any of her children die before or after their mother, those surviving will take the part of such as may die. But my Executors in paying over to the above named Trustee for Bettie Fowlkes will charge her with (1400.00) fourteen hundred dollars. Which I let her have recently and before getting any thing she accounts for this as an advancement.
Fifth: As to the children of my deceased daughter Sallie Dismukes, there being three of them. I make these specific directions. I desire the money going to them to be by my Executors held from & after the time such sums may be collected until the Chancery Court at Gallatin shall meet in regular session thereafter when I desire them then to turn the same over to the Clerk and Master under the [pg 329] directions of the Chancellor, who will require him to give such bonds as may deem proper for the childrens protection, and all such sums to be by the Clerk & Master loaned or invested under the special directions of the Chancellor if loaned with notes renewed yearly or oftener if the Chancellor thinks best, if invested the investiture always held for these children exclusively. I do not desire even the interest paid over to them until they attain their majority each but to be loaned or reinvested for them, unless they become in real need of the same, in which case the interest may be used by the directions for their necessary support. I desire the interest always promptly collected & reinvested as directed. I desire all this done always under the Chancellors specific directions. If any of these children should die leaving any surviving, the latter to take the share of the one dying. This will provides for my entire estate to be divided into three equal shares, one for Lea, one for Bettie Fowlkes her life with remainder to her children, & one for Sallie Dismukes children, charging no share with any thing except Bettie Fowlkes share with the $1400.00 already advanced her.
Lastly: I desire Lea Martin & H. P. Fowlkes to be my Executors to carry out this Will, & they are not to be required to give any bond or security for any purpose [pg 330] as I have implicit confidence in their integrity. Dated this June 4, 1884. (signed) Mary L. Martin.
This will was written in the presence of Mrs. Mary L. Martin, in our presence & dictated by her and in her presence & at her request we witnessed the same as her last Will and Testament.
June 4, 1884.
Charles R. Head
R. K. Gillespie.
State of Tennessee
Sumner County Court November Term 1885.
The last will and testament of Mary L. Martin dec'd, was this day presented in open Court for
probate and
was duly proven by the oaths of Charles R. Head and R. K. Gillespie subscribing witnesses
thereto. Which
is received by the Court and ordered to be recorded. Lea Martin & H. P.Fowlkes the Executors
named in the
will appeared in open Court and accepted the execution of the same. No bond or security being
required by
the terms of said Will, they were duly qualified and the Clerk is ordered to issue them letters
testamentary.
H. P. Fowlkes the Trustee therein named appeared in open Court and accepted the same and was
duly
qualified no bond or security being required under the Will.
A Copy Test. (signed) O. H. Foster Clerk