TNLINCOL Amos Anderson Will c1875

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From:           	LINDA2YOU@aol.com
To:             	George@waller.org
Subject:        	Another will for the archives
Date sent:      	Mon, 9 Apr 2001 02:40:15 -0400 

 Amos Anderson, deceased

I, Amos Anderson, being of sound mind and disposing memory, do make and
publish this my last will and testament, hereby revoking all other wills
by me at anytime made.  It is my will . . . 1st - That all my just debts
be paid out of my personal property which is hereby directed to be sold by
my Executor and the debts to be collected now due me, and the proceeds of
the lands hereinafter directed to be sold, if the personal property and
the debts due me should be insufficient to pay the

debts.
2nd - I will and bequeath to my son William Anderson the tract of land on
the west side of the Fayetteville and Shelbyville Turnpike, opposite
George A. Cowan's farm, about three miles from Fayetteville and known as
the Sharpe place containing about 92 acres, and being the place on which
Sam Chilton now lives, for and during his natural life or so long as he
may live on the same, or cultivate and use it for the benefit of himself
and children, he not to have possession before 1st January 1876, said life
estate not to be liable for any debts he may have heretofore contracted or
 may hereafter contract, and the said William Anderson shall have no power
to dispose of said life estate by sale or otherwise, and at his death, or
whenever he shall fail to use and cultivate said land for the use of
himself and children, or have it done, then said land is to go to his
children in the same manner they would inherit under the laws of dissent,
but free from any debts or liabilities of my said son. 3rd - I will and
bequeath all the balance of my property both real and personal to my
daughter Mary Eliza, and my three grandchildren - to wit - William A..,
James M. and Milton C. Gamble, my daughter to receive one half and my said
grandchildren the other half and should either of said grandchildren die
before arriving at the age of twenty one years without

children, or die without children living at the time of such death, or
born in lawful wedlock within nine calendar months after such death, then
I will the share or shares of such to the surviving brother or brothers -
and should all of said grandchildren die without children as above
designated, then

their said share in my estate is to revert and be equally divided
between my 
daughter Mary Eliza, and the children of my son William - my daughter to

receive one half and the children of my said son the other half.  This
bequest is made with the following restrictions and limitations - I will
to my beloved wife Malinda all my personal property exempt from execution
by law, and the home tract of land upon which I now live, for and during
her natural life, and I direct my executor to have a years support set
apart for my wife out of the growing crop, or out of the provisions on
hand at my death. 4th - I will and direct that my executor, hereinafter
mentioned, sell the lands hereinafter mentioned, at my residence to the
highest bidder, on a

credit of one, two and three years, after giving notice for at least
twenty 
days by printed handbills, posted at ten or more public places in the
county, taking notes of the purchasers with two or more good and
sufficient sureties, retaining a lien on the land for the payment of the
purchase money. Said sale to take place as soon after my death as in the
discretion of my executor will best promote the interest of my estate. The
land so directed to be sold being the lands I purchased from William and
M. H. Conaway containing about ninety acres and a tract of about 100 acres
situated on Pea Ridge, dist. No. 22 and being the land purchased fron
Thornton Flynt and Jo. Pruett.  And further direct if my wife should elect
not to retain all the personal property provided for her in the foregoing
clause, then I direct my executor to sell the same, and after paying all
my just debts, if anything should remain, divide the same as above
bequeathed.  And I further direct if the personal property is not
sufficient to pay my debts, my executor will use a sufficiency of the
proceeds of the above land to pay off the debts that may remain unpaid
after exhausting the personal property, and at the death of my wife, my
executor will sell the tract of land above bequeathed to her upon the same
terms above bequeathed; or if she should consent, at anytime, that the
same might be sold before her death, my executor will proceed to sell the
same upon the same terms as above directed, and the proceeds when
collected he will loan out at the best legal rate of interest he can and
pay over to her annually the interest derived from said fund.  And if she
should so elect to have said land sold, my executor will pay over to her
out of any funds he may have on hand arising from the sale of the other
lands or any other funds in his hands from time to time, during the
interval of immaturity of the

notes for said land, and on which no interest would be made, an amount
equal to the interest on said fund if collected and loaned out and at her
death distribute the said fund as above bequeathed. The shares of said
Gamble children, my executor will pay over to their regularly appointed
guardian, and the share of my daughter, Mary Eliza, he will pay over to
her for her sole and separate use, free from the control and debts of any
future husband she may have. 5th - I nominate and appoint my friend D. P.
Holman my executor to carry out and execute this my last will and
testament, not requiring of him bond and security. The interlineations on
page 1, 2 and 6 were made before signing.

Signed and acknowledged in our presence,                 A. Anderson
this July 8th, 1875, and witnessed by us
at the request of Testator.
L. L. Stone
G. R. Cowan
State of Tennessee
Lincoln County                  

 I, P. D. Boyce, Clerk of the County Court of Lincoln County, Tennessee,

certify that the foregoing will of Amos Anderson was this day duly
probated 
by the oaths of G. R.
Cowan and L. L. Stone, the subscribing witnesses thereto, who being duly

sworn depose and say that they were personally acquainted with the
Testator, 
the said Amos Anderson, dec'd., and that he signed and acknowledged said
will in their presence to be his last will and testament, and that they
signed the same as the subscribing witnesses thereto at the request, and
in the presence of the Testator, the said Amos Anderson, dec'd. and that
at the time of the signing and acknowledging the same, he,  the said
Testator, was of sound mind and disposing memory and that the testator is
now dead, and that the same was admitted to record as the last will and
testament of the said Amos Anderson, dec'd. Witness P. D. Boyce, Clerk of
said court at office this 2nd day of August 1875.
   P. D. Boyce, Clerk