LOUDON COUNTY, TN - WILL - Henry Bogart Will, 12 Sep 1871 ==================================================================== 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: Brenda Duff ==================================================================== Last Will and Testament of Henry Bogart, deceased In the name of God, Amen: I, Henry Bogart of the County of Loudon, State of Tennessee being of sound and disposing mind, and memory, do make and publish this as my last will and testament, hereby revoking and making void all wills by me at any time heretofore made. First, It is my will and desire that all my just debts and funeral expenses shall be paid as soon after my death as practicable, out of any money I may have at the time of my death or out of the first that may be received by my executor. Second, I will and desire to my beloved wife Lucinda Bogart, (should she survive me) for and during the term of her natural life one third of all the real estate I may own at the date of my death. The one third so devised to my wife shall be allotted to her so as to include my dwelling house, out buildings __ should she so desire. Third, I will, bequeath and devise to William W. Bogart, Henry M. Bogart, Nancy Webb, Elizabeth Fry, Mary Evaline Wilson, Margaret L. Eldridge, Lucinda Wilson, and the children of my deceased son Hiram Bogart, all of the rest and residue of the property I may own at the time of my death, of what kind or nature so ever real personal and mixed and choses in action. The property in this clause devised , is to be so divided, that each of my above named children shall receive one eighth thereof and the children of my deceased son Hiram, jointly one eighth. Fourth, Should my wife survive me and take under the second clause of this my will it is my wish and I do here so direct and devise that after her death the third of my real estate limited to her for life, shall be divided among the devises named in the third clause, in the same proportions as the property therein disposed of—that is, each of my said children shall receive one eighth and my said grand- children, jointly, one eighth. Fifth, Should either of my children above named die during my life time it is my will that the share of such one shall go to his or her child or children; but if either should die without child or children living at his or her death, then the shares provided herein for the one who may so pre-decease me shall go to my other children and grand-children mentioned in the third clause and to be divided as therein indicated. As to my said grand-children I give to them as a class and should either die* before the property herein given rests* the survivors are to take. Sixth, It is my wish and I here declare it to be my will that neither my daughter Jane Brazeale nor her husband Willis L. Brazeale shall have any part or parcel of the estate I may own at my death—they having already received more than either of my other children and certainly more than they deserve. Lastly, I nominate and appoint Henry M. Bogart Executor of this my last will and testament. The interlineation in the fifth clause was done before signing. In witness whereon I do to this my last will set my hand and seal. This the 12th day of September 1871. Henry Bogart Signed sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator this 12 th day of Sept. 1871. Jackson West James H. West State of Tennessee} County Court of Loudon County Loudon County } Tenn. July term 1889. An instrument of writing purporting to be the last Will and Testament of Henry Bogart, deceased was presented in open Court for probate. There upon came James H. West one of the subscribing witnesses to said instrument who being duly sworn desposed and said that he was acquainted with said Henry Bogart deceased previous to and at the time of his death , that he signed said Instrument in his presence of his request and that he declared the same to be his last Will and Testament and at the time of his so doing said Henry Bogart was of sound mind and disposing memory to the best of his knowledge and belief. Jackson West one of the subscribing witnesses to said instrument being dead, J.J. Duff, W.J. Wells and H.M. Bogart three credible witnesses came into open Court and being duly sworn, and having examined said paper writing disposed and said that they were acquainted with the said Henry Bogart deceased and that they verrily believe the signature to said writing to be his hand, and also that the signature of Jackson West thereto is his genuine signature Thereupon said writing was declared to be the Last Will and Testament of Henry Bogart deceased and ordered to be recorded. A.S. Henderson Clerk