Source: Sumner County Tennessee, Oct. 1870 - April 1891, Will Book Vol. 4
page 157
I Hugh Kirkpatrick do make and publish this as my last Will and Testament hereby revoking and making void all other wills by me at any time made.
First, I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any moneys(sic) that I may die possessed of or that may first come into the hands of my Executor.
Second, I direct that the notes of hand due me at my death shall be applied to the payment of my debts and if there be not a sufficient amount to satisfy said debts then my Executor shall proceed to sell such of my personalty(sic) as my legatees shall select for such purpose and if there be a residue of (pg 158) said notes after paying said debts then it shall go as hereinafter directed.
Thirdly, I direct that the balance of my estate, both real and personal property of every description shall eisune? to my beloved wife Pelina Kirkpatrick during the time of her natural life provided however that if she marry, then said property both real and personal shall revert to my heirs at law at the death of my wife. I direct that my said estate shall be sold and divided among my heirs at law but nothing in this my last Will and testament shall be taken to mean that those of my children to whom I have deeded property shall not share equally with the others of my children or their representatives but it is my will that they share and share equally in the remainder at the death of my wife.
Fourtly(sic), I direct and desire that my grandson James A. Thomhill have a certain ball faced horse colt near two years old now but nothing herein shall exclude him from his share of the remainder of my estate at my wife's decease.
Lastly, I do hereby nominate and appoint F. K. Taylor my Executor.
In witness thereof I do to this my last will set my hand and seal. This 25th. day of Jany 1877.
(signed) Hugh Kirkpatrick
signed sealed and published in
our presence and we have
subscribed our names hereto in the
presence of the Testator this 25th. Jan 1877.
F. K. Taylor
James Montgomery
page 159
State of Tennessee
Sumner County Court August Term 1877.
The last Will and Testament of Hugh Kirkpatrick dec'd was produced in open Court for probate
and duly
proven by the oath of James Montgomery one of the subscribing witnesses thereto which is
received by the
Court and ordered to be recorded. F. K. Taylor the Executor named in the will appeared this day
in open
Court and accepted the execution of the same. Thereupon the said F. K. Taylor together with his
securities
D. L. Kirkpatrick and W. F. Hutchinson appeared in open Court and entered into and
acknowledged their
bond to the State of Tennessee in the penal sum of five thousand dollars conditioned as the law
directs and
said Taylor was duly qualified.
Copy Attest. Jesse Cage Clerk