Source: Sumner County Tennessee, Will Book Vol. 4, pages 353 - 356
Being old and feeble and knowing that all men must die, I make this my last will and testament in the year of our Lord One Thousand eight hundred and eighty six:
It is my desire that all my just debts be paid. I also give unto my body a burying ground in the Orchard on the tract of land I now live on which burying ground shall not be sold. It is my will and I so authorize empower & direct my executors herein named to sell all my personal and real estate of which I may die seized and possessed wherever the same may be situated.
The terms of sale of the foregoing property shall be settled and agreed upon by my Executor and my son - in - law John W. Black and I give them full power and authority to sell the same and I give my Executors full power to make and execute all deeds [pg. 354] to the same. It is my will that my wife Martha W. Key shall have all she wants of my property so long as she may live and my Executor and John W. Black are to see that she is well taken care of if she out lives me.
It is my will and desire that my grandsons James and Leonidas McGaughey shall be entitled to a full share of my Estate to which my daughter Malvina McGaughey would be entitled if she were living to be equally divided between them the said James and Leonidas, I give to the said James and Leonidas McGaughey the above amount and no more of my Estate. I give unto my grandson James Mucklerath the son of my daughter Harriet Two hundred dollars and no more of my Estate. If he is living at my death this sum shall be paid him by my executors, but if he is dead and leaves no Children surviving him then my Executor shall not pay this amount to any one out of my estate. I, give unto my granddaughter Ophelia Key a daughter of my son William Key Two hundred dollars and I also give her one hundred dollars more to be paid her by my executors out of the share I give to my son William Key and no more of my estate. I give unto my step granddaughter Anna Overton Two hundred dollars and no more of my estate. I give unto James Overton my stepson Fifty dollars for his Kindness to me and no more of my estate. It is my will that after my Executor? [Pg. 355] has sold all of my property both real and personal and paid all of my debts and all of the legacies before named then all the rest residue and remainder of the proceeds of my estate shall be equally divided between my sons Balie P. Key, William Key, David Key, Joseph Miller Key and my daughters Sophia Malone, Tennessee Wooden Black, and the share of my daughters Malvina McGaughey to be equally divided between my grandsons James and Leonidas McGaughey it being my intention that James and Leonidas McGaughay shall be entitled to receive a full share of my Estate to which their mother would be entitled under my will if she were living.
It is my will that if I do not settle the damaged due me on account of the road bed of the old Cumberland and Ohio Railroad now owned by the Chesapeake and Nashville Railway which passes over and through my land that my Executors have full power and authority to settle the same and the proceeds to be applied & paid out by him under this will. It is my Will that all that portion of my estate which my wife Martha W. Key shall choose to keep and use for and during her natural life shall go into the hands of my executors and be paid out and applied by him in accordance with this will and my executor shall be cloathed with the same power to sell land and execute deeds provided my wife chooses to take [pg. 356] any land. It is further my will that if any or all of the legatees and devisees or any one or more of the legatees or devisees who shall not accept the provisions of this will or attempt to break this will shall not be entitled to receive one cent of my property of any kind.
Lastly I do hereby nominate and appoint my son Balie P. Key and my son-in-law John W. Black the executors to this my last will and testament and direct that no bond be required of them or either of them provided both do not qualify and accept as executors by the Court as I have the greatest confidence in both of them. It is my will that no one of my children be charged by way of advancement or otherwise for any sum or sums I have paid to them or for them or any gifts made to them, but that each shall have a full share as provided by this will.
June 11, 1886. (Signed) P. W. Key.
Witnesses.
Z. T. Key
J. M. Durham
State of Tennessee
Sumner County Court August Term 1886.
The last will and testament of P. W. Key decd was this day presented in open Court for probate
and was duly proven by the oathes of Z. T. Key and J. M. Durham subscribing witnesses thereto.
Which is approved by the Court and ordered to be recorded.
Copy Test O. H. Foster Clerk