Will of James Franklin

Will of James Franklin
Signed 30-June-1890
Probated September Term 1891

Transcribed and Contributed by Jim Price
© 2005

Source: Sumner County Tennessee, Will Book Vol. 5, pages 12-14

Page 12

I, James Franklin of Sumner County Tennessee being of sound mind and memory do make and publish this my last will and testament hereby revoking and making void all others Wills or testamentary dispositions heretofore by me at any time.

Item First. I will and direct that all my just debts be paid, as soon as can be done conveniently by my executrix.

Item Second. I will and bequeath to my daughter Bessie Franklin Read wife of John Read, one thousand dollars, to be received held and enjoyed by her, to her sole separate and exclusion use, free from the debts contracts liabilities, control and marital rights of her said husband John Read.

Item Third. I give and devise and will and bequeath all my estate of every Kind and description whatsoever real personal and mixed, to my wife Bettie P. Franklin and my son Harry Franklin, equally but to be held as herein provided, That is to say, I desire my breeding establishment "Kennesaw Farm" which at great expense and care I have brought to its present condition to be maintained and continued to that end, begive (ink blot, not sure if the (be) is right?)and devise my said farm and all my (blot again) property real personal and mixed to my said wife as (pg. 13) Trustee and Executrix to have, hold and manage until my boy Harry shall attain the age of twenty one years, for the equal benefit alike of herself and my said son.

But in the event Harry dies without issue surviving him before he attains the age twenty one years, then and in that event the moiety or share devised and bequeathed to him hereby shall go to and belong to and be property of his mother, my said wife.

But if Harry lives to attain the age of twenty one years, if at that period he and his mother do not agree that it is best for them to continue said establishment, I will and direct that my wife as Trustee and Executrix shall sell and dispose of said Kennesaw Farm and the stock thereon, and also all other property held for division by her and the proceeds be divided equally between her and Harry my son. And to the end that this may be done I confer the fullest power and authority upon her to sell either publicly or privately or for cash, and upon reasonable terms of credit, as in her judgment may be best.

Item Four. In the meantime that is before Harry attains twenty one years of age, if in the judgment of my wife said Kennsaw Farm and its stock &c" and my other property also should be sold, then by and with the consent of Harry to be expressed in writing, I authorize and empower her to make sale thereof in the same manner and upon the same terms as are set fourth and provided herein before in section or Item Third here of.

Item 5. It is my desire that said establishment be properly kept up as its reputation and character deserve, if the same can be done, but my wife and Harry are to be supported out of the same and Harry properly educated as well. I feel assured that my wife and son will remain together and live and (pg. 14) labor for each other, and for the interest of each other, as becomes, an affectionate mother and dutiful son; and for this reason among others I dispose of my property as I have done.

Item Sixth. I nominate and appoint my said wife to be the Executrix of this my will; and I hereby exempt and relieve her from giving bond or secutrity [sic] as Executrix or Trustee. This June 30th 1890.

(signed) James Franklin

Executed and published in our presence and witnessed by us in the presence of James Franklin and in the presence of each other at his request at Nashville Tenn. this June 30th 1890.
John J. Vertrees
Walter Franklin
Oct 28th 1890
Since returning from Hot Springs I have read over the within will and now approve and republish it in every respect.
(Signed) James Franklin

State of Tennessee
Sumner County Court September Term Sept. 10th 1891.
A paper writing purporting to be the last Will and Testament of James Franklin deceased was this day produced in open Court for probate and duly proven by the oaths of John Vertrees and Walter Franklin the subscribing witnesses thereto, when it is received by the Court and ordered recorded and filed as the said last Will and Testament of James Franklin deceased. And Mrs. Bettie P. Franklin being named in said Will as the Executrix of same, and being excused in said Will from giving bond as said Executrix, appeared in open Court and accepted the same when she was duly qualified and letters Testamentary ordered issued to her.
A true copy attest.
Harris Brown CLK



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