Source: Sumner County Tennessee, Will Book Vol. 4, pages 262-269
I George T. Brown of Sumner County Tennessee being of sound mind and memory do make and publish this as my last Will and Testament.
First: It is my will and desire, that, after my death and that of my wife, my daughter in law, Mrs. Johnnie Brown wife of my deceased son Benjamin C. Brown, have my house tract of land on which I now live, known as the Bailey tract containing one hundred acres more or less, for her natural life ? to her sole and seperate use, free from the debts control and contracts of any future husband she may have, as a home and place of support for herself and her three children, by my said son, Benjamin C. and at her death and that of myself and my wife said tract of land is to belong? equally to her said three children by my said son.
This devise and gift is made in accordance with and to carry out a contract which I made with my said son Benjamin C. before his death; and the contract was that he and family were to come and [pg 263] live with me and assist me in managing and operating my farming business out of which myself and my wife were to be supported during our joint lives and in addition to which I was to have one half the profits made in our farming, the taxes and the expenses of the farm to be borne equally, and this contract the wife of my said son Benjamin C. agrees to carry out.
But it is understood and such is my will and desire that one half of one acre, for a family burial ground is reserved for the use of any member of the family for family burial purposes.
Third: I have heretofore given to my children property in the following amounts and proportions, to wit; to my daughter, Amanda, wife of John Harris, property worth, or which I valued at eighteen hundred & twenty dollars ($1820.00): to my daughter Susan now the wife of O. P. Butler, property worth, or which I valued at nine hundred & twenty ($920.00): to my son Charles H. Brown, property worth, or which I valued at sixteen hundred and forty ($1640.00) dollars:
To my son George T. Brown, property worth, or which I valued at twelve hundred and twenty five ($1225.00) dollars: To my son William Brown, property worth, or which I valued at one thousand ($1000.oo) dollars:, To my son Reuben Brown property worth, or which I valued at sixteen hundred and twenty ($1620.00) dollars:, And to my son Clifton Brown, property worth, or which I valued at seventeen hundred and two ($1702.00) dollars:, Now it is my will and desire to give all my real property not herein before given to the wife of my deceased son Benjamin C. & her children by him, consisting of three hundred acres more or less, situated on the East Fork of Bledsoes creek in Sumner County and adjoining the land given to the wife of: Benjamin C. & her children by him, to my daughter Susan Butler, to my daughter in law, wife [pg 264] of my deceased son William and her three children by him and to Georgie Franklin wife of Ernest Franklin and only child of my deceased Son George T. Brown, and they will take it as being worth six thousand ($6000.00) dollars, or twenty dollars per acre: and they will take it charged with the duty of paying each one of the children of my daughter Susan, of my son William & of my Son George T. seven in all, one hundred dollars; they will also take it charged with the duty of paying whatever of my debts my personal property means and effects may be insufficient to pay. They will also take it charged with the duty of paying to themselves and to the others of my children or their representatives, except the representatives of my deceased son Benjamin C. in such sum or amounts as will make all equal taking the advancements or property herein stated as having been given as the amounts respectively received by each and the three hundred acre tract herein given to them as being worth six thousand dollars. But? this six thousand, given to them being reduced by the seven hundred dollars required to be used in paying each of the children of my daughter Susan, of my son William, and my son George? one hundred dollars. That is; I give to my son William and to the daughter of my son George T. all my real estate, except what is herein given to the wife and children of my son Benjamin C. but it is given to them as a six thousand dollars legacy or bequest and as of this value, it is charged with the payment of one? hundred dollars each to the children of my daughter Susan, to the children of my son William, and to? the child of my son George T. and with the payment of whatever debts my personal means may lack of paying and them with the duty and charge of equalization among themselves, and the others of my children [pg 265] or their representatives, except the representatives of Benjamin C. upon the estimate of advancements herein given.
Further it is my will that the wife of my Son William, have his share or interest in the balance of my real estate to her sole and seperate use, during her natural life and at her death said share or interest to his children to wit; Harris, George and Alice equally. The interest or share of Alice going to her to her sole and seperate use free from the debts and contracts of any husband she may at any time have. Georgie the wife of Ernest Franklin will take and hold her share or interest to her sole and seperate use, free from the control, debts and contracts of her present or any future husbands.
It is my wish that my daughter Susan, the representatives of my son William and of my Son George T. take this land charged as above and divide it among themselves, paying to themselves and to the other of my children, and otherwise as above directed, so as to make all equal. But if they can not or will not do this then it is will and desire that my executors sell this remainder of my real estate, either publicly or privately, in seperaty parcels so that my children can thus buy it if they desire, provided they can do so for twenty dollars or more per acre, and in the event they sell, they will pay one hundred dollars each to the children of my daughter Susan, to the children of my son William, to the children of my son George T. then whatever balance of my debts my personal effects may lack of paying, and then appropriate the balance so as to equalize all my children or their representatives upon the basis of advancements herein given it being understood that the wife and children of my son Benjamin C. is seperately and independently provided for in the devise of the home tract to them [pg 266] as herein stated.
In the event the Executors cannot sell the land for twenty dollars per acre, then my daughter Susan, the wife and children of my son William, and the child of my son George T., being unable to divide it in (blank space) among themselves, charged, as above may sell the same for partition among themselves last they will be required to equalize themselves and the other of my children or their representatives, except the representatives of Benjamin C. upon the basis of the land being worth twenty dollars per acre, and with reference to the estimate of advancements herein stated.
Fourth: it is my will that my executors sell all my personal property except my household furniture, bed clothing, etc. which they will divide as nearly equal as they can among all my children or their representatives unless it is necessary to sell the same to pay debts and they will divide the proceeds after paying the expense of winding up my estate equally among all my children or their representatives except the repersentatives of my son Benjamin C..
Fifth: I hereby nominate and appoint my son Charles H. Brown, my son Reuben Brown and my son-in-law John B. Harris, as my executors and it is my will that they act without being required to give any bond.
This March 6 1881. (Signed) G. T. Brown
We attest this as the last will and testament of G. T. Brown at his request and in his presence he
signing the same in our presence saying that it was his will and that he desired us to attest as such,
this March 6 1881.
G. K. Smith
S. F. Wilson
I hereby make and publish this as a codicil [pg 267] my last will and testament, made and
executed by me, March the 6th 1881.
First: I desire my said will to be and to remain as it is except as herein stated and declared.
Second: I direct, that my property given in second clause of my said will, to my daughter in law, Mrs. Johnnie Brown, wife of my deceased son Benjamin C. Brown, be given to her during her widowhood, instead of during her natural life: and upon her marriage I direct said property given to her in second clause of my said will to become the property of her said three children by my said son Benjamin C. or the survivors of them. And in the event of her marriage, during the minority of her said three children, or the survivor of them.
I direct that my sons C. H. Brown & R. D. Brown, herein stated to said Mrs. Johnnie Brown during her widowhood and control and manage said property as to them may seem best; for the use & benefit of said three children or the survivors of them, during minority. I also desire and direct that they qualify and act as such trustees without being required to give bond. And in the event it becomes necessary for them, during their minority under this codicil to my said will, it is my will that they be paid for their services as such out of said property or its products a reasonable sum, not to exceed two hundred dollars each. It is to be understood and surrounding it or on which it is situated is not to be included or considered a part of the tract given as herein to Mrs. Johnnie Brown and her said three children by my son Benjamin C. but said Store House and ground amounting to an acre and a half or two acres is to be included in [pg 268] the other tract.
Third: I direct that my daughter Amanda Harris have the piano I bought for her when a girl and which is now at my old home place where I now reside.
Fourth: I direct my executors named in my said will or the survivor or survivors of them to act as such and without bond.
Fifth: I direct and request my two sons or the survivors of them herein named and requested to act as trustees for the three children or the survivor of them of Mrs. Johnnie Brown, to act as such, in the event mentioned herein, and as stated, to act without giving bond.
Sixth: in all other respects I desire my said will to remain and to be carried out as therein directed.
This April 27 1883. (signed) George T. Brown.
We the undersigned have attested this as a Codicil to the will of Geo T. Brown, whose name is
signed above, at his request and in his presence he requesting us to attest it as such.
This April 27 1883
William T. Day
George M. Gillespie
State of Tennessee
Sumner County Court July Term 1883.
The last Will and Testament of G. T. Brown, dec'd; was this day provided in open Court for
probate and was duly proven by the oaths of G. K. Smith and S. F. Wilson subscribing witnesses
thereto, also at the same time and place was presented a Codicil to said Will which was proven by
the oaths of William T. Day and George M. Gillespie, subscribing witnesses thereto which being
approved by the Court: Said Will and Codicil are ordered to be recorded.
Thereupon came into open Court Charles H. Brown, Reuben Brown & John B. Harris, [pg 269] the executors named in said will & accepted the execution of the same and no bond being required they were qualified and it is further ordered that Letters of Executorship be issued them.
Copy Test O. H. Foster Clerk
Note from Jim Price:
Brown Cemetery
Brown, George T. 29 December 1807 - 7 June 1883
Brown, Amanda wife of G. T. Brown 10 January 1809 - 5 March 1882