from the research of Sandy Daniel
I, G. W. Daniel, a resident of Perry County, Tennessee, having lived to reach a ripe old age, and being blessed with some property, and of sound mind and disposing memory, and desirous of disposing of my property in a manner which I have decided is best for me to do, do make and publish this my last will and testament, hereby revoking all former wills by me at (as written) any time made.
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I direct that all my just debts be paid out of any property which I may own at my death.
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I have heretofore deeded and sold and given to my son, Andrew Daniel, certain portions of my property real and personal which I wanted him to have, and now want him to have and hereby ratify and confirm to him as being the full and entire amount which I wish him to have of my entire estate at my death.
I have also, heretofore, sold, conveyed, and deeded to my grand-son-in-law, and my Grand-daughter, W. S. Dudley, and wife, Nellie Daniel Dudley, by deed, recorded in deed book L-12, page 39, of the Registers Office of Perry County, Tenn., dated Nov. 15, 1923, wherein a certain portion of my real estate was conveyed and deeded to them and also further and in addition to what was deeded and conveyed in that deed by a deed bearing date of Jan. 19, 1931, executed just prior to the execution of this will, I have executed to the said W. S. Dudley & wife Nellie Daniel Dudley, two more tracts of real estate being the north end of one thousand acre tract of land deeded to me by Thos. Young, and all of the remainder of said 1000 acres Thos. Young tract after excluding there from one tract of about 500 acres on the south end of it deeded by me to J. C. Daniel and wife and also about 75 acres more of it which was given over to my brother G. W. Daniel, conveying in said deed to them all of the remainder of that 1000 acre tract and also all of another tract of real estate joining that 400 acres deeded to them and lying and being just east of and adjoining the tract of land which I have heretofore deeded to them on Nov. 15, 1923, recorded on deed book R-12, page 39 and also certain personal property owned by me and set out in said deed being a time deposit Bank certificate on the Bank of Lobelville, Tenn. For $1000.00 date March, 14, 1930, made payable to W. S. Dudley and also a note for $400.00, executed to me by C. A. Daniel bearing date Jan. 1, 1931, due one year after date which was endorsed to said W. S. Dudley and wife by me and delivered to them and also all the household and kitchen furniture of every kind and description all plow tools and farming implements and one wagon owned by me and also one upright piano Marshall & Mendell make, all of which property real & personal is set out and fully described in said deed heretofore on this day executed to them reference to which deed is here made and I hereby ratify and confirm and formally adopt that conveyance in said and in both deed to them so as to constitute them the owners in fee and absolutely of all the property, real estate and personal property, set out and described in both of said deeds according to the terms, tenor and conditions therein set out, in so far as I now the right and authority to do.
And I also give and bequeath to my Great-Grand-Son, George W. Daniel, son of said W. S. Dudley & wife all right title claim, and interest which I may have or own in and to one pair of mules which I have heretofore conveyed to him and on which he has paid out the price agreed on, and I also give, Grant, devise, and bequeath to him, said Great-Grand-Son, all right title, claim, or interest which I may have in and to or won or claim to one Chevrolet Automobile touring car, or for any money I may have given or advanced to him to purchase same so as to constitute him the true and perfect owner of said automobile absolutely in fee, without any further charges or claims against him for the car or any amount I may have paid or advanced to him to buy same.
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It is my will and intention that my son Andrew Daniel shall have and hold what I havetofore (as written) given and deeded or sold to him as his property without having to account to any one of my heirs hereafter, and after my death for any portion of same, or the value or cost price of same, and that this is to be the full amount and all of my property and estate which he shall receive, and it is also my further intention and will that my Grand-Son-in-Law, W. S. Dudley and wife, Nellie Daniel Dudley shall have all that I have deeded to them in the two deeds mentioned under item two of this will as their absolute property in fee title, and unlimited in right and enjoyment, without having to account to any one of my heirs hereafter and after my death for any portion of same or the value or cost price of same and that they are to have and own all of this property out of my estate, under said
two deeds, and I wish to be understood and it is my will, wish, an desire that they the said W. S.Dudley & Wife, are not to be required to account to anyone of my other heirs for any portion or part of the value of all the property, real and personal which I have deeded to them, and I wish to be understood that it is my will and desire that what has been deed to them is not to be considered as an advancement of any kind, but that it is all considered and treated as a conveyance and sale, to them and gift without having to make any further accounting to any one of my heirs after my death for any portion of same, but that what is set out in the two deeds is to constitute the condition and consideration and basis upon which the (as written) take title to said property.
It is also my wish and desire that the said George W. Daniel is not to be charged up with the value of the property herein bequeathed and devised to him as an advancement, but he takes it without limitation and in absolute title without having to account to any one hereafter, at any time for the value of same.
And I hereby instruct my Executor and direct him to follow the two deeds executed to my said Grand-Son-in-law, W. S. Dudley, and wife, in the property which they are to receive and to follow the deed or deeds which I have made to my son Andrew Daniel in the property which he is to receive of my estate and to follow this will as to the property which my Great-Grand-Son, George W. Dudley is to receive of my estate. And I want it understood that it is my intention to convey away and dispose of all my property of every kind and description by the two deeds to said W. S. Dudley & Wife, and the deed or deeds to my son Andrew Daniel, and the bequest to my Great-Grand-Son, G. W. Dudley; and that no other person or relative or heir is to receive any portion of my estate, except as set out in said deeds above referred to, and in and under this will and testament.
I do not want any litigation over this my last will and testament, or the deeds of conveyance which I have heretofore executed as hereinabove set out and is my will and desire that any one or more of my said heirs or relatives who would be entitled to any portion of my estate, or who takes and holds under the said deeds referred to above, or under this will and testament, and who institutes any character of litigation to set aside or vacate or change this will or the deed shall not have any right title or interest in my estate.
I want it understood that is my will and desire that there will be no litigation over my estate after I am dead, and that I am making this will to fully explain my intentions and desires as to who shall have all my property and how it shall be wound up. I just want this will probated and no litigation over it, and all my property to be considered as disposed of under the deeds which I have heretofore executed and delivered as hereinabove set out and explained, and that this ratifies and confirms all of what is done by the deeds, and is intended to give effect and full explanation to said deeds, and I do hereby will, devise, and bequeath a full adoption, ratification, and confirmation of what is done under said deeds above referred to herein, and that G. W. Dudley shall take title to his property as set
out in this will and testament above.
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I hereby nominate and appoint Jno. A. Greer of Dyersburg, Tenn. as sole Executor of this my last will and testament.
In witness whereunto I hereunto set my hand this the 19th day of January, 1931.
G. W. Daniel
Signed by the said G. W. Daniel as and for his last will and testament in the presence of us the undersigned, who at his request and in his sight and presence have subscribed our names hereto as attesting witnesses the day and date above written.
A. Batton
E. L. Bandy