Source: Sumner County Tennessee, Oct. 1870 - April 1891, Will Book Vol. 4
I Samuel Nickelson do make and publish this my last Will and testament hereby revoking all other wills by me at any time made.
1st., I direct that as soon after my death as possible all my just debts and burial expenses be paid out of the first money that shall come into the hands of those whom I may hereafter appoint to execute this my will.
2nd., I will and desire to my beloved wife D. V. Nickelson for and her natural life or widow hood all of my estate both real, personal and mixed where ever the same may be all of the same being in this (pg 152) State save? a one half interest in a farm of seven hundred and thirty two acres or there abouts in the County of Landersdale, State of Alabama my object being in thus conveying all of my estate to my wife for life that she may have ample means and not be embarrassed in the raising and educating our children. It is therefore my will and I do direct that so much of the rents, profits, interest and income from my said estate be so applied as may be necessary for that purpose: the principle thereof not to be trenched upon for that purpose unless absolutely necessary. I further desire and it is my will that all of my children remain together and live with my wife enjoying the benefits of my estate as aforesaid until they respectively arrive at mature age and marry.
3rd., Should my beloved wife after my death at any time marry again, then it is my will and I so direct that all of my estate of ever kind be divided into eight equal shares and given as follows: My wife D. V. Nickelson one share. My son A. O. P. Nickelson one share. My son W. R. D. Nickelson one share. My son S. B. Nickelson one share. my daughter L. V. Nickelson one share. My daughter Ophelia Nickelson one share. My daughter Victoria Nickelson one share and my son Edwin F. Nickelson one share.
4th., Should my wife never marry but remain my widow during her life then it is my will and I so direct that after her death all the remainder of my estate devised herein to my wife D. V. Nickelson in clause two for life be divided in seven equal shares and distributed as follows among my children: A. O. P. Nickelson one share. W. R. D. Nickelson one share. S. B. Nickelson (pg 153) one share. L. V. Nickelson one share. Ophelia Nickelson one share. Victoria Nickelson one share and Edwin F. Nickelson one share. It is my further will and I so direct that all the interest herein given and bequeath of my estate to my daughters L. V. Ophelia and Victoria respectively be theirs to their sole and separate use, each of their respective shares free from the debts, contracts and liabilities of their husbands should they ever marry.
5th., I have on hand a lot of Tennessee money known as the Torbitt issue which those whom I shall hereafter appoint to execute this will and directed to sell and invest the proceeds in Sumner County bonds issued to and in aid of the Cumberland & Ohio Rail Road Co. they my said Executors to exercise a sound dis caution? in selling said money so as not to sacrifice it but realize the most for it possible and these bonds when purchased to constitute a part of my estate and pass to my wife and children under the foregoing clause of this Will.
6th., I am the owner of a Manufacturing establishment in the town of Gallatin Tenn. situate on the Rail Road Avenue known as the Gallatin Eagle Woolen Mills that has cost me a large sum of money and is now in operation. After death it is my will and I do so direct that their operation be continued by my Executrix and Executor whom I will hereafter appoint. The profits arising from the operation of the same to be used as directed in clause two in conjunction with the other incomes or interest, rents and profits of my estate to the maintenance of my wife and children (pg 154) and the education of my younger children: My son A. O. P. Nickelson how ever to have first out of the profits of operating said factory the sum of forty dollars per month for his services in the management and control of the same by him. If however at any time the operating and running of said Mills should cease to be a source of revenue and unprofitable and likely so to continue then and in that event, I direct that the said Mills consisting of the lot houses upon the same machinery and all fixtures be sold by those whom I shall hereafter appoint to execute this will at the sum of ten thousand dollars (prviolity)? and make deed to the purchaser for the same and if upon a fair trial and reasonable effort to sell at that price the same cannot be done then they are authorized to sell the same for the sum of eight thousand dollars upon a sale at either price then those to execute this Will are directed to invest the proceeds in Sumner County bonds issued to the Cumberland & Ohio Rail Road Company and if they can not be had in some other securities equally safe and good such investment to constitute a part of my estate and pass to my wife and children under the foregoing provisions of the will.
7th., I nominate and appoint my beloved wife D. V. Nickelson and my son A. O. P. Nickelson my
Executrix
and Executor to execute the provisions of this my last Will and testament and having the utmost
confidence
in them. I do not require them to give the usual bond recomed by law the Court will not therefore
require
the same of them when they shall offer this will (pg 155) for probate. All erasures and
interlineations? made
before signing.
In witness whereof I do to this my will set my hand the 24th. of April 1877.
( signed) Samuel Niskelson
Signed and published in our
presence and we have subscribed
our names hereto in the presence of
each other and of the Testator and
by his request this 24th. of April 1877.
W. B. Conn
James House
State of Tennessee
Sumner County Court June (13th) Term 1877.
The last Will and testament of Samuel Nickelson dec'd was this day produced in open Court for
probate
and duly proven by the oaths of W. B. Conn and James House subscribing witnesses thereto
which is
received by the Court and ordered to be recorded. Thereupon Mrs. D. V. Nickelson and A. O. P.
Nickelson
the Executrix and Executor named in said will appeared in open Court and accepted the execution
of the
same. No bond being required the Executrix And Executor were duly qualified.
Copy Attest. Jesse Cage Clerk