Will of Lee Shute

Will of Lee Shute
Signed 14-Dec-1875
Codicil August 1877 Probated Feb Term 1879

Transcribed and Contributed by Jim Price
© 2004

Source: Sumner County Tennessee, Will Book Vol. 4, Pages 177 - 182

I Lee Shute do make and publish this as my last will and Testament, and I do hereby revoke any former will made by me.

Item 1st.: My home place in Sumner County, on which I now reside, contains about 750 acres.

Now I direct that said tract of land be divided by beginning at an elm tree in the South west corner of said tract on Black Dunn's North boundary line, and running thence N 88 degree E. at line through said tract of land to Zackariah Tally's south boundary line, this division will throw about 250 acres on the north side of said dividing line, and will have about 500 acres on the South side of said line, on which are situated my dwelling & improvements. Now I direct and empower my executors to sell said 250 acres situated on the North side of the dividing line as above described, and I give the proceeds of the sale of said 250 acres to my three children, J. M. Shute, W.D. Shute, and Annie Mills, to be divided equally among them. And I give to my son J. M. Shute, the 500 acres of land situated on the south side of the dividing line as above described, on the 500 acres given to J.M. Shute are situated my dwelling & improvements, but out of this 500 acres I reserve 1/2 acre of land upon which is situated the family burial ground and I direct & request that said 1/2 acre may never be sold.

Item 2nd.:I give to my son J. M. Shute a tract of land in Sumner County Dis. No. 9, containing about 120 acres being the land conveyed to me by Latimer & wife. I also give to my son J.M. Shute my tract of land in Wilson (pg 178) County which contains about 18 acres and adjoin the lands of Richard Smith & others. I also give to my son J.M. Shute a lot in the south part of the City of Nashville fronting 54 feet on Wharf avenue. Said lot was conveyed to me by A.G. Dunn.

Item 3rd.: I have heretofore given to my son W.D. Shute a tract of land in Davidson County containing 34? (at edge of paper) acres of land, and I now give to my son W.D. Shute my stock in the Nashville & Chattanouga Rail Road Co. 34 & 3/4 shares.

Item 4th.: I have heretofore given to my daughter Annie Mills a tract of land in Sumner County of 394 & 1/2 acres and I now give my daughter Annie Mills my houses and lot in Saundersville Sumner County, the lot contains about 2 A. 33. Poles and is the same formerly owned by Lee S. Dunn.

Item 5th.: I direct and empower my executors to sell my lot in the City of Nashville fronting 100? feet on Maple street which was conveyed to me by A.G. Dunn. And I give the proceeds of the sale of said lot on Maple street to my son W.D. Shute and my daughter Annie Mills to be equally divided between them.

Item 6th.: One half of all the live stock now on my home place belongs to my son I.ME. Shut. I give my interest (which is one half) in said live stock to my son WE.DO. Shut and my daughter Annie Mills, to be equally divided between them.

Item 7th.: Out of the residue of my estate, I give two thousand dollars to my son W.D. Shute, and two thousand dollars to my daughter Annie Mills, in order to make them equal to J.M. Shute, and the residue of my estate should not be sufficient to pay to W.D. Shute and Annie Mills each the said sum of $2000., then I direct that the same shall be paid to them out of proceeds (pg179) of the sale of the 250 acres of land, above directed to be sold.

Item 8th.: After the payment of the $2000. to W.D. Shute and $2000. to Annie Mills. I give all the remainder of my estate to be equally divided among my three children J.M. Shute, W.D. Shute, and Annie Mills.

Item 9th.: I do hereby nominate and appoint my sons J.M. Shute and W.D. Shute executors of this my last will and direct and request that shall not give bond and security for the performance of their duties as said executors.

Item 10th.: I give to my son J.M. Shute my stock in the Nashville and Gallatin Turnpike Company. I also give to J.M. Shute all my interest in the farming implements and household and kitchen furniture on my home place.

This the 14th day December 1870.
(signed) Lee Shute
Signed and published in our presence,
and we have subscribed our names
hereto in the presence of the testator.
This the 14th day of Dec. 1870
(signed) B. F. Allen
Geo. W. Allen

I Lee Shute do make and publish this as a Codicil to my will dated Dec. 14th 1870

Item 1st.: I will and direct that the dividing line in the 1st. clause of my said will be changed. And shall run as follows; beginning at a rock in the corner of a plank fence. Mrs. Felix Talley's South West corner, about 200 yards West of the Rail Road tank, running thence westwardly so as to strike the North East corner of an old black smith shop, thence with at rail fence westwardly to the middle of the (pg180) public road which runs from Hendersonville to Shackle Island, thence to Black Dunn's North East corner, thence West with Dunn's line to a large elm tree in Black Dunn's line. This will throw about 250 acres on the North side of the above described line. I direct and empower my executors to sell said 250 acres on the North Side of said line. The proceeds of said 250 acres are to be distributed as I shall hereafter direct in the Codicil. And I here revoke all that part of my will in the 1st. clause which disposes of the proceeds of the 250 acres, and which gives the 500 acres on the South Side of the above line to J.M. Shute.

Item 2nd.: I give the proceeds of the sale of the above mentioned 250 acres of land as follows, and direct that said proceeds be paid as here provided. One third of the same to W.D. Shute, one third to my daughter Mrs. Annie Mills to her sole and separate use from the debts and control of her husband. And the remaining third in trust to W.D. Shute during the life of said J.M. Shute provided said J.M. Shute continues soberly, but if he becomes insolvent or bankrupt then I direct said trustee to pay over the interest on said one third to the wife of said J.M. Shute during her life or widowhood. I direct the remainder of said one third of the proceeds, after the death of J.M. Shute, and after the death of his wife or her marriage if she survive him to be paid to the children of J. M. Shute, and the heirs of any of said children who may be dead leaving issue. The above clause is not intended to restrict the trustee W.D. Shute to the payment of the interest on said third to J.M. Shute, but said trustee may whenever he deem it expedient or proper pay (pg 181) over any part or all of said one third part of the proceeds of said 250 acres of land to J.M. Shute.

Item 3rd.: The dividing line described in the 2nd. Item of this Codicil, leaves on the south side of said line about 500 acres of land, on which is situated my dwelling house. I give and desire said 500 acres of land on the south side of said line to my son J.M. Shute during his life free from his debts and liabilities, and with the proviso that if he becomes insolvent or bankrupt, then the life estate of said John M. Shute in said land shall cease, and his wife shall hold and have the use and profits of said land during her life or widowhood if she survive said John M. Shute, but if John M. Shute should become insolvent or bankrupt and should have no wife living then said John M. Shute shall hold and control said land for the remainder of his life for the use and benefit of his children. After the death of my son John M. Shute, and the death or marriage of his wife, if she survives said John M. Shute, I give said 500 acres of land to the children of my son John M. Shute, the children who may be dead to be represented by their legal heirs.

Item 4th.: Having made some sales, and given off to my children, enough to make them equal. I here revoke and set aside the Item 7th. of my original Will.

Item 8th.: I direct and authorize my executors to sell my interest in the Bradford tract of land which was conveyed to me by deed made by Heivitt (Hewett?) Shute. And pay the proceeds as follows, one third to W.D. Shute, one third to J.M. Shute and one third to my daughter Annie Mills to her sole and separate estate from the liabilities and control of her husband.

Item 6th.: I request that my son W.D. Shute act as trustee as provided for in the 2nd. Item of this Codicil. (pg 182) And direct that he shall not be required to give bond or surety as said trustee, upon the death of said W.D. Shute, I direct that John M. Shute my select and appoint another trustee who shall not require to give bond or surety as trustee. I have made said provisions in the 2nd Item of the Codicil, not from any want of confidence or, want of affection for my son John M. Shute, but for fear that my son, in his goodness of heart may become involved as surety for others, and I desire to secure a home for his family or the farm now occupied by me.

Item 7th.: My Will dated 14th Dec. 1870 is to remain in full force, except as altered by this Codicil.

This the 15th day of August 1877.
(signed) Lee Shute
Signed and published in our presence, and we have subscribed our names hereto in the presence of the testator. This Aug. 15 1877
B. F. Allen
Geo. W. Allen

State of Tennessee
Sumner County February Term 1879
A paper writing purposing to be the last Will and testament of Lee Shute dec'd together with a Codicil thereto was this day produced to the Court for probate when the same both will and codicil was duly proved by the oaths of both G.W. Allen and B.F. Allen subscribing witnesses thereto and the same was ordered to be recorded, John M. Shute and W.D. Shute, Executors named in said will appeared in open Court and accepted the execution of the same, no bond being required the Executors were duly qualified.
Copy Attest. O. H. Foster Clerk



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