Will of Elias S. JENKINS, deceased

Know all men by these presents, that I, Elias S. JENKINS of Weakley County, Tennessee, being of sound mind, but in feeble health, do make and publish this my last will and testament, revoking all former wills by me at any time made.  

1st, I direct that all my just debts and funeral expenses be paid as soon after my death as possible.  

2nd, I loan to my wife Hasky Ann JENKINS, for and during her natural life or widowhood, all of my estate, both real and personal.  

3rd, and at the death or marriage of my said wife, I direct that my estate, both real and personal, be divided equally between all of my children, share and share alike, subject to the hereafter restrictions.  Lora Ann and Isaac D. ELLIOTT, to take the share that their deceased mother, A. F. A. ELLIOTT would take if living.  And W. T. D. WINSTON, James Augustine WINSTON, and Cicero A. WINSTON, to take the share that their deceased
mother, M. L. C. WINSTON would be entitled to if living, with the hereinafter restrictions and limitations; each account in the settlement of my estate for the hereinafter advancements, and such other advancements as I may hereafter make to them or any of them before my death, to wit.  I charge the three children of my daughter Mary L. C. WINSTON, now deceased, with two hundred acres of land at $4.50 cents per acre, or $900.00 and personally, $70.00.  I charge the two children of my deceased daughter A. F. A. ELLIOTT, with two notes against their father, William ELLIOTT,  payable to me on demand, one executed December 28th 1855 for $364.00; the other executed November 13th 1858 for $23.00, payable on demand without interest.  I demand payment on said note in the presents of T. P. WHITE, April 1st 1867.  I therefore charge said children with said notes with interest on the same from April 1st 1867, and direct my Executors to hand over said notes to the Guardian of said two children immediately after my death.  I charge them with other personally advances to their mother $153.00.  I charge them with one hundred acres of land conveyed to them by me by deed dated May 6, 1871, at $4.50 cents per acre of $450.00.  I charge my daughter E. C. ELLIOTT, the present wife of William ELLIOTT, with personally advanced to her $53.00.  I charge her with 252 3/4 acres of land conveyed by me to her by deed dated May 6, 1871 at $4.50 cents per acre or $1137.37 1/2.  I charge W. T. C. JENKINS $450.00 cash paid him for one hundred acres of land which I had conveyed to him as an advancement, and which he conveyed back to me, for which I paid him $450.00.  I charge him with other property and money $525.00.  I charge him with 39 3/4 acres of land conveyed to him by deed dated May 6, 1871, at $331.12 1/2 cents.  I gave him a mule and some other things while he was a soldier in the late
war for which I charge nothing.  I charge Ducetius JENKINS with one saddle at $19.00; one bed, bedstead and bed clothing at $25.00; one gray filly at $125.00; one trunk $5.00.  

4th, I give my Bible, hymnbook and medical book to my wife.  The balance of my books to my two sons, W. T. C. and Ducetius JENKINS, to be equally divided between them according to value, and if they cannot agree upon a division, I direct that my friends W. R. ROSS, E. J. LOONEY, T. P. WHITE and H. G. HESTER, make a division which shall be final.  

5th, I reserve one acre of ground to include my present graveyard and to run up and down the ridge of land of the same width north and south of the present graveyard, for a  family graveyard, for my family forever.  

6th, I direct that my son Ducetius, shall have in the division of my real estate, two hundred acres of land at $5.50 cents per acre, off the west border of my tract.  

7th, That part of my estate given to the children of my deceased daughter, M.L.C. WINSTON, I give to them with the following restrictions and limitations, to wit.  Should either of them die without lawful issue, then the share
of that one is to go to the other two, and should another one die without lawful issue, that one's share to go to the survivor, and should they all three die without lawful issue, then that portion of my estate so given to them, to revert back to my estate, so that their father James M. WINSTON shall never reap the benefit of said property.  

8th, If my said wife shall desire to sell any of my said property loaned to her for life, either real or personal, I hereby authorize and empower her to do so, and to use the proceeds at her own discretion, so as not to produce unequality among my children, and I hereby empower her to convey by deed such real estate proceeds however, that such sales shall be made with and by the consent and advice of my special friend W. R. ROSS, E.J. LOONEY, T.P. WHITE and G.H. HESTER, of a majority of them.  

9th, Should any of my children or grandchildren dissent from this will, and the same shall finally be set up and established, then I direct that the portion of my estate given to such child or grandchild so dissenting, be charged
with the expenses of the suit and attorney fees on both sides in establishing said will.  

10th, Should any dispute arise in the construction of this will, then I direct that my friend W.R. ROSS, shall construe the same and his construction shall be final.  

11th, I appoint W. R. ROSS, E.J. LOONEY, and T.P. WHITE and H.G. HESTER, Commissioners, to divide my real estate after the death of my wife, taking advancements into consideration, any three of whom may act.  And should either of them be dead or removed from this Weakley County, I direct that the place be filed by the County Court of Weakley County, and I direct that their division shall be final and conclusive.  

12th, I appoint my wife Hasky Ann JENKINS, Executrix of this my last will and testament, and direct that she shall not be required to give security for the performance of the trust this confided to her.  I direct that my son Ducetius shall have one year's schooling after the expiration of the present year, to be paid for our of my estate.  The reason I give my books to my sons is that my daughters have had an advantage of my said sons in education.  I direct that the portion of real estate which I have conveyed or which may be set apart after the death of my wife, to Isaac D. ELLIOTT and his sister Lora Ann ELLIOTT.  To E. C. ELLIOTT, the present wife of William ELLIOTT, to operate as a life estate or loan for and during their respective natural lives, remainder to their respective heirs forever, with the following restrictions and limitations, to wit. Should Isaac D. ELLIOTT or Lora Ann ELLIOTT, or either or both of them die without lawful issue, then and in that event, I direct that their shares shall go to the children of my daughter E. C. ELLIOTT and should either of the children or all the children of said daughter E.C. ELLIOTT, die without lawful issue, I direct that the share of such child or children so dying, shall go to the said Isaac D. and Lora Ann ELLIOTT, or that one of them their surviving or their heirs, and should both of said families become extinct, I direct that the real estate thus conveyed or set apart to them, shall revert to my estate, so that their
father William ELLIOTT, shall not reap the absolute benefit of said real estate.  Given under my hand and seal, May 6, 1871.  I also direct that in the event any portion of my real estate should be set apart to the children of my deceased daughter M.L.C. WINSTON, after the death of my wife, that said real estate take the same course provided in this will for the real estate conveyed to their mother.  I hereby appoint my son-in-law William ELLIOTT, Trustee for his children, by his first and second wives, and request him to act as Guardian or Trustee for them in the management of the real estate which I have conveyed to them and which may be set apart to them out of my real estate after the death of my wife.  Also to the personalty set apart in this will to Isaac D. and Lora Ann ELLIOTT.  This will made in the handwriting of W. R. ROSS, was made before assigning the same this May 6, 1871.

Attest:
T. J. LITTLE
D. C. JOHNSON
                            E.S. JENKINS
 

By the 6th clause of this my last will and testament, I have given to my son Ducetius JENKINS, two hundred acres of land off the west bound of my land to be charged to him at $5.50 per ace.  I have this day made him a deed in fee to 70 1/2 acres of said 200 acres.  My will now is that he have the use of the remainder of said 200 acres, to wit 129 1/2 acres for and during his natural life only.  At his death, I give and bequeath the 129 1/2 acres of land to his daughter Eller, and such other lawful children and child or their lawful issue as he may leave surviving him,
and in the event that he should have no issue surviving him, and in the event that shall all die without issue, then and in that event, it is my will that said 129 1/2 acres of land shall revert back to my estate,
this February 27th 1874.
Attest:
W.R. ROSS
J. R. THOMASON
                                   E. S. JENKINS
Produced in open court and duly recorded this 6th day of October 1875.
                                    E. J. LOONEY, Clerk