HUMPHREYS COUNTY, TN - WILLS - James T. Cooley, 9 Nov 1931 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: James H. Miller jmiller@ix.netcom.com ==================================================================== LAST WILL AND TESTAMENT OF J. T. COOLEY, DECEASED ------------------------------------------------------------------------------ IN THE NAME OF GOD, AMEN I, J. T. Cooley, of Waverly, Humphreys County, Tennessee, being of sound and disposing mind and memory do hereby make, publish and declare this my last Will and Testament in the manner following, that is to say: FIRST. I desire that my executor hereinafter named shall pay all of the debts due and proven against my estate including expenses of last illness and burial expenses. SECOND. I will and bequeath to my beloved wife, Mary Lou Cooley, during her natural life or widowhood, all of my real property located in Waverly, Tennessee and all of the personal property contained therein and also an undivided one seventh interest in and to all other real estate or personal property owned by me at my death, but after her death I desire that said property be divided or held as hereinafter provided. THIRD. After the death of my beloved wife I will and bequeath to my daughter, Nina Elizabeth Cooley, the full use and occupancy or for rental purposes my homestead and its contents at my death or at the death of her mother during her natural life so long as she shall remain single or unmarried but in event of her death or marriage said homestead shall be divided equally, as well as its contents between my six children or their heirs as hereinafter mentioned. FOURTH. During the life of my wife, Mary Lou Colley, my said children hereinafter mentioned shall receive a one seventh interest in all of my real estate and personal property not heretofore conveyed but at the death of my wife shall receive each a one sixth interest subject to the bequests hereinbefore mentioned. Said children being named as follows: Lillian Cooley Denty, James Wesley Cooley, Sybil Cooley Pruett, Nina Elizabeth Cooley, Dennis Galloway Cooley, and Hershel Henry Cooley. Said real estate to be divided as hereinafter mentioned, provided said heirs or either of them may desire to divide the same. FIFTH. The lands divised and bequeathed as well as the personal property mentioned in clause four herein divised and bequeathed to James Wesley Cooley shall be charged with the amount of fifteen hundred ($1500.) Dollars representing notes signed by me as surety for him, or in the amounts of said notes less any payments made by him before my death or a division of said estate, and the amount of one hundred twenty-five ($125.00) Dollars shall be deducted frome the bequest made to Hershel Henry Cooley and the amount of one hundred sixteen ($116.00) Dollars from the bequest made to Nina Cooley, less any amounts paid by them prior to my death or a division of said estate, and all amounts due by Dennis Cooley to said estate shall be deducted from his share. SIXTH. My executor hereinafter named shall have full authority to sell any part of the farm lands owned by me at my death, either at public or private sale, after the same has been appraised as hereinafter provided, for the purpose of paying any of my debts including expenses of last illness, funeral expenses and the debts due by me as surety for the three beneficiaries above mentioned, and said executor shall have full authority to rent and collect the rentals from any part of said estate coming into his hands and to do such other things as he may deem necessary in performing his duties as such executor. SEVENTH. Said seven beneficiaries or a majority of them, if a division of said property is desired, shall select three disinterested appraisers familiar with the values of real estate in Humphreys County, Tennessee and said appraisers shall be empowered to divide said lands, if a division is desired, among said beneficiaries in such parcels as will as nearly as possible make a fair and even distribution to each of said beneficiaries as may be their respective parts hereinbefore divided, bearing in mind the deductions mentioned in the fifth clause of this will. EIGHTH. I hereby nominate and appoint Dennis Galloway Cooley the exceutor of this my last will, to serve without bond. NINE. I hereby revoke all former wills by me made and declare this to be my last will and testament. In witness Whereof, I have hereunto set hand and seal this 9th day of November, 1931. J. T. Cooley ----------------------- The foregoing instrument was signed and subscribed by J. T. Cooley in our presence and in the presence of each other. Witness H. M. Cooley Witness Nelle L. Cooley CODICIL I hereby make this Codicil to my Will, above written. I desire that my executor, named in the will heretofore written, shall continue, after the statutory period has expired, to serve as such executor as named in said Will until all of my debts have been paid, due by my said estate, either on my personal or real property and until said estate has been divided or wound up and distributed as hereinbefore provided in this my Will. That in all other respects my said Will hereinbefore written shall remain as written. J. T. Cooley -------------------- The foregoing Codicil to this foregoing instrument was signed and subscribed By J. T. Cooley in our presence and in the presence of each other, This Aug 7, 1933. Witness Hester Cooley Rochelle Witness H. M. Cooley State of Tennessee) Humphreys County ) Then on this the 27th day of March, 1939 was the foregoing instrument presented for probate and registration. The same was duly probated on the ------------------------------------------------------- and recorded as above shown.