Will of William Young
Signed 28-Feb-1879
Codicil 22-May-1879
Probated April 1880

Transcribed and Contributed by Jim Price
© 2004

Source: Sumner County Tennessee, Will Book # 4 Oct 1870 --- April 1891, pages 331 - 333

William Young of the County of Smith and State of Tennessee being of sound mind and disposing memory, do make, ordain, and publish this as my last will and Testament, hereby revoking and making any and all Wills by me at any time heretofore made.

I desire, and direct, all of ny just debts to be paid out of the first monies which may come into the hands of my Executors hereinafter named.

I give and bequeath to my Daughter Eugena Laura Hart, wife of H. W. Hart, my old Home place situated in Smith County Tennessee, and formerly known as the Cox; F. C. Cornneill tract of land it being the same place on which I have lived and resided for a number of years, together with all household and Kitchen furniture, live Stock of every description and farming emplement on said farm for her Sole and Separate use and not to be Saubject to the debts, contracts, or liabilities of her present, or any future husband she might have. This special gift and bequest to my Daughter Eugena Laura Hart is made because I have heretofore given by deed to my other Daughter Lucy E. Allen, wife of Van H. Allen a tract of land in Sumner County Tennessee near Gallatin and known as the Blackmore tract of land.

After the special bequest to my Daughter Eugena Laura Hart of my old home place, it is my will and desire that all the other real estate of which I may die Seized and possessed of be equally divided between Allen, share and share alike according to value and vested in them for their sole and separate use free from the debts, contracts and liabilities of either of their present or any future Husbands either of them might have, and also to be free from any right of (contery) of their present or future husbands.

It is my will and desire that my Great Grandson, Young Alexander Selkirk Hart be given a good English education and that the same be paid for out of my personal estate, and for that (purpose) I hereby vest in my Brother Hailey S. Young of Macon County in trust for my said Grandson a Sum sufficient out of my personal estate as will be sufficient to give said education and to be (expended) by my Said Brother to the Best advantage in the education of my said Great Grandson.

It is my will and desire that the (tuition) for the education of my Great Grand Daughter, Lucy Hart be paid out of my personal estate and the Trustees of my personal estate hereinafter named are directed to pay the same said education to be to the extent of a good common School Education

It is my will and desire that all the real of my personal property consisting of notes, bonds, Stocks, and chosen in action be equally distributed between my Daughter Eugena Laura Hart and Lucy E. Allen, but in order that they may realize the full benefit of the same. I hereby vest the same in my Brother H. S. Young of Macon County and James Alexander of Sumner County in Trust for my said Daughters, to be paid them by said Trustees as circumstances may require for their support and comfort and the education of their minor children and said Trustees are directed as they collect the monies due me to vest the same in good and solvent bonds.

I do hereby nominate constitute and appoint my Brother H. S. Young of Macon County Tennessee and James Alexander of Sumner County my Executors to this my last Will and testament and direct that no security be required of them by the County Court as my confidence of their integrity is implicit.

I hereby nominate and appoint my Nephew M. B. Young of Jackson County Tennessee as advisory and counsel of my said Executors who will assit them in winding up my unfinished and unsettled business. And it is my request that my Executors confer upon my son-in-law, H. W. Hart full and ample authority to assit (sic) them in winding up my business in Jackson, Smith, and Macon Counties. In witness whereof I have hereto set my hand on this the 28th day of February 1879.
( signed ) Will Young

Signed and published in our presence and we have hereunto subscribed our names as witnesses in the presence of the Testator and at his' segest and in the presence of each other on this 28th February 1879
( signed ) T. H. Mason & M. B. Young

I William Young of the County of Smith and State of Tennessee do hereby make and publish this as a Codicil to my last will and testament bearing date the 28th February 1879. I hereby revoke the Clause in said will requesting my Executors, H. S. Young and James Alexander to confer upon my son-in-law, H. W. Hart, full and ample authority to assit (sic) them to wind up my business in Jackson, Smith, and Macon Counties.

I will and bequeath to Sallie Hart wife of my Grand Son H. E. Hart cooking stove and (bessells??) Bed Bed stead and clothing. Beauro now in my old Mansion house in Smith County. I will to my Daughter E. S. Hart my eight day clock and mill and direct that all my other house hold Kitchen furniture be divided between my two Daughters, Lucy E. Allen and E. S. Hart also all my other personal property on my said -----? In Smith County. I will and direct to be equally divided between my two said Daughters Lucy E. Allen and E. S. Hart share and share alike to be agreed upon by them said property to vest in each of my said Daughters for their sole and separate use free from the debts, liability and control of their present or any future husband they may have, it being my desire that no sale be had of my personal property.

I have heretofore given by deed to Martha Young, wife of M. D. Young a portion of a tract of land lying in Smith County Tennessee on the waters of Baffals Creek and known as the Gastin tract land. I will and bequeath the remainder of said tract of land to William B. Young, Milton D. Young and John M. Young. Share and share alike, this May 22nd 1879.

Signed and published in our presence and we have hereunto subscribed our names as witness in the presence of the Testator and at his request and in the presence of each other on this 22 May 1879
D. A. Witt
T. H. Masom
W. B. Young

State of Tennessee
Sumner County Court April Term 1880
This day was produced in open court a paper writing, William Young dec'd dated 28 February 1879 and witnessed by T. H. Mason, F. Y. Aventh ? & W. B. Young and also a codicil to the same, dated May 22nd 1879 and witnessed by D. A. Witt, T. H. Mason, and W. B. Young, when the Will was duly proved by the oaths of T. H. Mason and F. Y. Averitt two of the subscribing witnesses thereto and the codicil was duly proved by the oath of T. H. Mason, one of the subscribing witnesses thereto which Will and Codicil is ordered to be recorded. Also appeared in open Court H. S. Young, one of the Executord appointed in said will and renounced the execution of the same but he accepted the trust imposed upon him by the fourth clause of said will providing for the education of Great Grandson, Young Alexander Selkirk Hart, and also appeared in open Court James Alexander, the other Executor named in said Will and accepted the Executorship and trust imposed upon him by said Will and was duly qualified as such the Will providing that no bond should be required of him.
Copy Test (signed) O. H. Foster Clerk



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