Will Book 4

1880 - 1889

Page 144-45 I, Thomas Lee being of sound mind to make and ordain this to be my last will and testament towit: First, I devise that my funeral expenses shall be paid out of any money that I may have and that a suitable monument be placed on my grave - the quality and design of which shall be determined by my executor and my wife, if she should survive me. Second, I give to my niece and adopted daughter, Sarah Smith, who lives with me, One Thousand Dollars in money, which shall be held in trust by my executor for the sole use and benefit of the said Sarah Smith and her heirs and be invested by my said executor as he may think best and the interest on the same paid to the said Sarah Smith annually.  Should my executor think it best and for the interest of Sarah Smith at any time, to invest the money hereby bequeathed in real estate.  I hereby authorize him to do so, but with the title to be so made that the trustee can control and manage the same for the sole use and benefit of the said Sarah Smith and her heirs, and as he may think best. Third,  I give to my wife Anna, the house and lot on which I now live and all my household and kitchen furniture which I may own at the ___ of my death, and all the money and other property of any character which I may own at my death, after the payment of the legacy of One Thousand Dollars above, bequeathed to my niece Sarah Smith and the payment of my funeral expenses and all of which however is to be held in, but for my said wife by my executor.  The money is to be invested by my executor as he may deem best for my said wife, and the interest paid to her annually, or offered if it should be collected ___? I desire that my executor as trustee of my wife shall consult her wishes in the management of the money and property hereby bequeathed to her and where in her opinion he can carry out her wishes without detriment to her interest.  I wish that he should do so. My wife has been a faithful dutiful and affectionate wife and having great confidence in her good sense and judgment I will that the property hereby given her may be disposed of by her by will at her death.  I bequeath to her the care and protection of my niece and adopted daughter, Sarah Smith, believing that the will do her duty by her and provide for her as she thinks right. I appoint my friend Grant Green, executor of this my last will and testament and having confidence in him it is my will that he shall qualify as my executor and act as trustee for my wife without going any bond or bonds and it is my wish that the court shall not require him to give any bonds. Given under my hand and this 8 day of August 1878. Thomas Lee Witness: A. W. Overton W. A. Julian Franklin County Court Monday, September 5, 1887 A writing purporting to be the last will and testament of Thomas Lee, deceased was produced to court and proven by the oath of A. W. Overton one of subscribing witnesses thereto who also proved the testation of W. A. Julian, the other subscribing witness thereto.  Whereupon said writing was entered to be recorded for this last will and testament of said decedent, this is now done accordingly. N. B. Smith, cfcc