Source: Sumner County Tennessee, Oct. 1870 - April 1891, Will Book Vol. 4
page 229
I James Tally do make and publish this as my last Will and Testament hereby revoking and declaring void all other wills by me at any time made.
First, I direct that my funeral expenses and all my just debts be paid as soon after my death as possible.
Second, I give and bequeath to my wife Mary Tally as a Dower interest in all what I have my real estate, my Homestead tract of land excepting what is known as the Murray tract of land and also that portion of land lying between the Murray tract and the lands owned by my son Oscar Tally, to have and to hold during her natural life at her death I direct that the same be equally divided among my children
Thirdly, I desire that all of my property both real and personal be equally divided among my children after making those account for what I have advanced them during my life all of which I have kept an account of or have papers to show the exact amount advanced to each one except in the case of Aron Stintson and his wife Sarah L. Stintson, to whom I advanced the sum of five hundred dollars during their natural lifes(sic).
Fourthly, I desire that the sum of one hundred and twenty one dollars and eighty cents to be paid out of my estate to the heirs of Judea Sloan (my Daughter) over and above their int(? interest?) the same this being the amount in my hands belonging to them coming from the (pg 230) estate of their Father Joseph Sloan and their mother Juda Sloan.
Fifthly, I do hereby authorise(sic) and empower my Executor with authority in due time after my death to publicly sell all of my property both real and personal the personal property to be sold on a credit of twelve months unless it be small sums which will be sold for cash my real estate I direct to be sold by my Executor publicly for distribution upon a credit of one and two years notes with good personal security being required with such cash payment as may be deemed sufficient by my Executor he being required to give bond in double the amount of my property both real and personal (to be sold for distribution) before he is qualified for the discharge of his duties.
Sixthly, I hereby nominate and appoint John M. Durham my Executor to this my last Will and Testament. Signed Nov. the 24th. 1874.
(signed) James Tally
Attest.
J. W. Black
W. M. Durham
State of Tennessee
Sumner County Court January Term 1882.
The last Will and Testament of James Talley? deceased, was this day presented in open Court for probate
and was duly proven by the oaths of J. W. Black and W. M. Durham. Subscribing witnesses thereto which is
received by the Court, and ordered to be recorded. And the death of John M. Durham, the Executor named
in the Will being suggested the Court. R. B. Durham, was appointed Administrator with the Will annexed: he
appeared in open Court and acknowledged the same. Thereupon came said (pg 231) R. B. Durham,
together with his securities B. J. Talley, and J. W. Black, into open Court and entered into and
acknowledged their bond to the State of Tennessee, in the penal sum of Three thousand Dollars,
conditioned as the law requires and said R. B. Durham, as Administrator aforesaid was duly qualified.
Copy Test. O. H. Foster Clerk