MONROE COUNTY, TN - WILLS - Johnston Washington Howard, 2 Apr 1888 ----¤¤¤---- Johnston Washington Howard (1808-1889) Will Monroe County TN County Clerk’s Office, p. 862 Written 2 April 1888 Probate: after 29 August 1889 In the name of God Amen I Johnston W. Howard of the County of Monroe and State of Tennessee being old and well stricken in years but of sound mind and disposing memory, convinced of the uncertainty of Life and the certainty of death and desiring to so dispose of my estate so as to avoid trouble and litigation among my heirs after my death do make and publish this my last will and testament in the words and figures following to wit. 1st It is my will and desire that my burial expences and all my just debts against my estate be paid as soon after my death as practible out of any moneys that may be found on hand at time of my death or that may arise from sale of personal property as here in after provided for 2nd To my daughter in law Martha Howard wife of my son George S. Howard and her heirs forever I give and bequeath all the land which I bought from Thos. H. Callaway on Dec. 15, 1840, and described in his deed to me of said date except (160) one hundred and sixty acres of said land which I sold to James Houston, and (100) one hundred acres which I sold to Jos White and which two said tracts are particularly described in my deeds to them respectively, and further excepting all of that portion of said Callaway Lands lying East of a Conditional line which I now make to wit. Tennessee river at the "old Mill" and running with the middle of the road in a south westerly direction, towards the school house to the foot of the hill before reaching the school house, thence with the middle of a right hand road to the main big road. Then with the middle of the big road nearly north to the old "Bar post" then with the middle of the Left hand road nearly a west course. About (200) two hundred yards and then leaving the road & running a north westerly course. A strait line to the nearest point on the line of the Callaway Campbell lands. I also give and bequeath to my said daughter in law Martha Howard (80) eighty acres of land in the Pine that's lying isolated from my other lands and adjoining lands of C C Jones Miss Ann McGhee lands and others and also my undivided one half interest in the goods wares and merchandise cash, notes, accounts and debts coming to the firm of Latimore and Howard except however a sufficient amount there ? to pay off and discharge a note which my son George S. Howard holds against me for about ($800) eight hundred dollars and some interest. And if there should be an account against me in said store it must also be paid out of my said one half interest before paying this bequest. 3rd to my two daughters Mary M Henderson and Prudie C May I give and bequeath in equal shares to the two tracts of land which I purchased from Charles Donahoo and fully described in a deed executed [part missing] the Callaway lands and off on the East side by the conditional line named in the second clause of this will. My said two daughters may either divide said lands equally in kind between them, or sell the lands and divide the money and to each of these two daughters one bed and furniture. 4th to my son Robert C Howard I give and bequeath the (80) eighty acres of land which I bought from John H Johnston lying east of my home place and adjoining the lands of John H Johnston the south. On this tract there is a small grist mill the proceeds are profits of which after keeping up the mill I desire should be equally divided between said Robt C Howard and my daughter Betty J Snead during her natural life after her death the whole to go to said Robert C Howard also to said Robert C Howard I give and bequeath a tract of timbered land containing thirty or forty acres bounded north by lands hereinafter bequeathed to Bettie J. Snead, east by Russell heirs, south by lands hereinafter bequeathed to Joseph H. Howard and west by the great wood leading from Madisonville to Sweetwater. 5th To my daughter Bettie J. Snead I give and bequeath a certain tract of land upon which she now lives and bounded as follows to wit Beginning at the north west corner of lands herein after bequeathed to Louisa Jenkins and running N 89o E 119˝ rods to Forkners corner, thence S 1o E 189 3/5 rods to a stake thence S 67 ˝ o W 136 rods to a stake; and thence N 1 o West 250 rods to the beginning Containing 164 acres more or less. Said Bettie J Snead is to have one half the profits of my grist-mill during her lifetime as herein before stated. She is also to have one feather bed and a bed stead and a one fourth part of all bed clothing bedding pillows etc found on hand at my death as herein provided. And she is to have one hundred dollars in money to be paid to her by my executors out money arising from the sale of 130 acres of land as explained hereafter. 6th To my daughter Nancy Louisa Jenkins I give and bequeath a certain tract of land upon which she now resides and bounded as follows to wit, Beginning on the North W Corner of Morris Howard land and running S 1 o E 189 rods to a stake, thence N 89 o E 153 rods to a stake thence N 1 o W 252 rods to a stake thence S 89 o W 65 rods to a stake, thence South 1 o E 63 rods to a stake thence S89 o W 38 rods to the beginning. Containing 147 1/4 acres more or less. Also I bequeath to my said daughter Nancy Louiza Jenkins one good feather bed & bed stead and one forth part of all bed cloth pillows etc. which may be found on hand at my death. 7th It is my will and desire that my Executors hereinafter named shall cut off from the West side of my home place where I now reside 130 acres of land adjoining the lands herein before bequeathed to Louisa Jenkins and Bettie Snead on the north and Chambers and Hale on the West, to be cut of by a straight line running East and West through the farm and this 130 acres I desire shall be sold. If my two sons Jos J. Howard and Robt C Howard or either one of them see proper to take it at $10.00 per acre I will that they or either of them may take it at that [part missing] thereof pay to my grand children Callaway Denton, Nancy Denton and Dorcas Stephens each one hundred dollars and to John Otto Denton two hundred dollars and to my daughter Bettie J Snead one hundred dollars and the remainder of such proceeds to by daughter Prudie C May. In case my two sons Jos J Howard and Robt C Howard should fail or refuse to take said 130 acres of land at the price named $10.00 per acre then I desire that my executors shall sell the same to the highest bidder requiring one fourth of the purchase money in hand and taking note for the balance with good personal security bear my interest from date and falling due in from date and retaining a lien on the land to further secure the purchase money. And as fast as said purchased money is colleted pay the same to my said grand children as they become of age and balance to said Prudie C May after giving the one hundred dollars to Bettie J Snead and herein before provided; In case said Robt C and Jos J Howard should elect to take said 130 acres of land as above provided they may have the same terms as to time as herein before specified for other purchasers. 8th to my son Joseph H. Howard I give and bequeath all the balance of my home place not herein before otherwise disposed of. 9th I hereby nominate and appoint my two sons George S Howard and Jos J Howard my Executors to execute and carry out the provisions of this my last Will and Testament. 10th There are now on hand belonging to me our good beds bedsteads and a good supply of bedding and bed cloths. These I desire shall be equally divided among my four daughters Mary M, Bettie J, Nancy L and Prudie C giving to each a feather bed and bed stead and a one fourth part of all bed cloths pillows etc. found on hand at the time of my death. These are the same beds & bedding mentioned in foregoing bequests. All other personal property found on hand belonging to my Estate I desire that my said Executors shall sell at public sale to the highest bidder on a credit of twelve months and out of the proceeds of such sale they shall first pay all just [part missing] Estate and all ? Charges and expenses incident to the winding up of my Estate and Secondly divide the remainder among all my heirs according to their respective degree of relationship. Signed and acknowledged this 2nd day of April 1888. J. W. Howard Johnston W. Howard signed and acknowledged the foregoing instrument in our presence and requested us to witness the same as his last Will and Testament. Gus Walker W. E. Howard S. P. Hale April 2, 1888. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Joe Howard jhhoward@comcast.net ___________________________________________________________________