TNLINCOL Daniel P. Holman Will c1896
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From:           	LINDA2YOU@aol.com
Date sent:      	Sun, 8 Apr 2001 23:30:24 EDT
Subject:        	Will of Daniel P. Holman, for the archives
To:             	hbladm1@UCONNVM.UConn.Edu, LINDA2YOU@aol.com

                                     WILL OF DANIEL P. HOLMAN, 
deceased

I, Daniel P. Holman, of Lincoln County, State of Tennessee, do make and
publish this as my last will and testament hereby revoking all others by
me at any time made. First - I direct that my funeral expenses and all my
debts be paid as soon after my death as possible out of any moneys that I
may die possessed of or may first come into the hands of my executor.
Second - I give and devise to W. C. Morgan, in trust for the uses and
purposes hereinafter named, all the real estate of which I may die seized
and possessed and hereinafter mentioned and described, to be by him and
his successor, if any, for the use and benefit and with the limitations
and powers hereinafter stated.  That is to say, It is my will and  I do
direct that said Trustee shall, after my death take possession and control
of all my real estate, rent and collect the rents accruing from the same
and after paying all necessary repairs and improvements, to keep the
property in good tenantable condition and pay all taxes that may be
assessed against the same by law, and pay off any debts that may remain
unpaid, against me or my estate, and he shall pay over and dispose of the
remainder if any, for the use and benefit of my children as hereinafter
directed, to wit:  For the use and benefit of my son, W. D. Holman, he
shall use the net proceeds arising from the rents of the house and lot
where he now resides in the town of Fayetteville and also the net proceeds
of the house and lot in said town of Fayetteville known as the South third
of the Fleming lot. For the use and benefit of my daughter Sophronia Jane
Gray, he shall use the net proceeds arising from the rents of the house
and lot where she now resides in the town of Fayetteville, which is
bounded as follows: North by my residence, known as my home place, and a
lot owned by J. T. Gilmore (col'd), East by the Fleming lot, South by an
Alley and West by a street. For the use and benefit of my daughter Sarah
Holman, he shall use the net proceeds arising from the rents of the house
and lot where I now reside, in the town of Fayetteville, known as my home
place, which I purchased of James B. Carty and also the lot on which there
are three tenement houses in said town, which I purchased from Southworth,
Morgan and Neill. For the use and benefit of my  son James I. Holman, he
shall use the net proceeds arising from the rents of the house and lot in
the town of Fayetteville, known as the "Gracy lot No. 4" which I purchased
at a sale made by D. W. Clark as Clerk of the Chancery Court of Lincoln
County, and also the house and lot in said town known as the middle third
of the Fleming lot. For the use of my daughter, Mary Frances Perry, he
shall luse the net proceeds arising from the house and lot in the town of
Fayetteville, known as the "Gracy lot No. 2" purchased by me at a sale
made by D. W. Clark, Clerk of the Chancery Court of Lincoln County, and
also the house and lot known as the North third of the Fleming lot. For
the use and benefits of son, R. A. Holman, he shall use the net proceeds
arising from the rents of the house and lot on the north side of Market
Street, between the Public Square and Dick White College in the town of
Fayetteville and known as the "Albright house and lot", and also the house
and lot near Dick White College known as the "R. A. Holman house and lot".
For the use and benefit of Mattie Huggins (col'd) he shall use the net
proceeds arising from the house and lot near the Col'd Baptist Church in
the said town of Fayetteville known as the "Fletcher lot". The Trusteeship
herein before made and established shall for and during the natural lives
of my said children and of said Mattie Huggins, col'd., respectively, and
at the death of each of my said children and said Mattie Huggins (col'd)
the property herein given for his or her benefit, shall be sold by my
executor on such time and terms as he may deem advisable and execute to
the purchaser all proper conveyances for the same and he shall distribute
the proceeds of the property among the children of such deceased child
equally, and in the event of the death of the of any of the children of
such child prior to the death of his or her parent, then the child or
children shall take the share which the parent would have taken, if
living, according to the laws of descent and distribution in the State of
Tennessee. Third - It is my will that, if either of my said children shall
die without child or children surviving them, the property held in trust
for such child or children shall be sold by my executor on such times and
terms as he may deem best and proper, and he shall distribute the proceeds
among my children according to the law of descent and distribution in the
State of Tennessee.  And, at the death of said Mattie Huggins, col'd., I
direct that my executor shall sell the property herein set apart, and held
in trust for her, in such time and terms as he may deem best, and
distribute the proceeds equally among my children according to the laws of
descent and distribution in the State of Tennessee. Fourth - After the
payment of my funeral expenses and debts, as provided for in item one of
this, my will, I direct that my executor shall distribute equally among my
children any money or personal property or the proceeds of the sale of any
personal property that may remain in his hands. Fifth - I hereby nominate
and appoint my friend W. C. Morgan of Fayetteville, Tennessee Executor of
this my last will and testament and Trustee for the purposes herein before
stated, and having confidence in his integrity, I hereby excuse him from
giving bond or security as such executor and Trustee, and in the event of
his failure to accept the Executor and Trusteeship herein provided for, or
in the event of his death or resignation, I authorize and direct that the
County or Chancery Court of Lincoln County shall appoint some suitable
person de bonis non  with the will annexed and Trustee with the powers and
duties herein before confined on the said W. C. Morgan. In witness
whereof, I do, to this, my will, set my hand, this the 7th day of
November, 1893. Signed and published in our presence,                     
D. P. Holman and we have subscribed our names hereto in the presence of
the testator, D. P. Holman and at his request.  This the 7th day of
November, 1893. R. E. Davidson                  H. K. Bryson

                                     CODICIL

I, D. P. Holman, of the town of Fayetteville, Lincoln County in the State
of Tennessee, do make and publish this a codicil to my last will and
testament, dated November 7, 1893, and witnessed by R. E. Davidson and H.
K. Bryson, to wit: First - It is my will and I do direct, that in the
event of the death of my children or either of them, leaving no male child
or children surviving them, the property held in trust for them, as
provided in my said will, dated and witnessed as above stated, shall be
sold by my Executor as therein provided - except as hereinafter mentioned
- and the proceeds of the portion of such deceased child or children - if
any - to descend to and be inherited by his, her, or their male child or
children, if more than one to be divided between or among them equally -
if more than one.  It is my intention by this codicil to so change my said
will as to disinherit my female grandchildren and that my properties shall
go to and be inherited by none but my male grand children, and this
codicil shall be construed responsive thereto. Second - In the event of
the death of my children or either of them, leaving no male child or
children, the proceeds of the portion of the deceased child or children
shall be divided equally amongst my male grand children then living,
taking the parts that his or their parent would have taken if he had been
living at the time of the death of said deceased brother or sister dying
leaving no male child and in the absence of the will. Third - It is my
will and I so direct that any my executor and the Trustee, named in my
will shall sell, at my death, the houses and lots set apart in my said
will, to my son R. A. Holman, on such times and terms as he may deem best,
and after paying, out of the proceeds of the sale of the same, any and all
debts together with my funeral expenses, that I may die leaving unpaid, he
shall reinvest the remainder in real estate in the City of Nashville,
Tennessee, taking the deed in his name as Trustee, for his, said R. A.
Holman's use and benefit during his natural life, free from all his debts,
past or future, and at his death said property shall be sold by said
Trustee and the proceeds to go to his male child or children equally -
then living, but if he should leave no male children or child, in the
event the proceeds of the sale of said interest shall go to my male grand
children that may then be living - children of my other children - each
taking his distributive portion - thereof, that his parent would have been
entitled to, had he been living, inheriting under this will. Fourth - It
is my will and I so further direct that my said son R. A. Holman, shall be
reimbursed, with whatever amount that may be used out of his portion of
the proceeds of the sale of said two houses and lots, in the payment of my
debts and funeral expenses - if I should leave any - by my executor - out
of the interest or portion herein before willed to my daughter Sarah -
after her death, before any division is made of her portion amongst the
other heirs, as herein before provided. Lastly - It is my will and I so
direct that in the event that either of my children should dissent from
this my will, he, she, or them so dissenting shall be disinherited and
his, her or their portion or portions shall be distributed among those
accepting under  my will, to be distributed amongst them as herein before
provided - if none should except. In witness whereof I do, to this my
codicil to my will set my hand this the 14th day of March 1896. Signed and
published in our presence                          D. P. Holman and we
have subscribed our names in the presence of the testator D. P. Holman and
at his request. This March 14th 1896 S. M. Clayton       J. W. Davis

State of Tennessee
Lincoln County

I, J. E. Poindexter, Clerk of the County Court of said County, do hereby
certify that the last will and testament of D. P. Holman, deceased, was
this day duly probated in open court by the sworn testimony of R. E.
Davidson and W. K. Bryson, the two subscribed witnesses thereto, and the
codicil thereto was proven by the sworn testimony of S. M. Clayton and J.
W. Davis, the two subscribed witnesses thereto, and it was ordered by the
Court that said Will and Codicil thereto - be admitted to record as the
last will and testament of D. P. Holman, deceased, and I do certify that
the foregoing is a full, true, and perfect copy of the same.

Witness J. E. Poindexter, Clerk of said Court, at office, this the 22nd
day of December, 1896.


     J. E. Poindexter, Clerk