Sally Casteel Will
Bedford County TN Archives Wills…..Casteel, Sallie 1907
File contributed for use in USGenWeb Archives by: Osiris Johnson sigh [at] hawaii [dot] rr [dot] com September 23, 2005, 4:46 am
Source: Bedfore Will Book, P. 281, Written: 1937; Recorded: 1908
Will of Sallie Casteel, p. 281
I Sallie Casteel do make and publish this as my last will and testament, revoking and making void all former
wills made by me.
First I direct that all my debts including burrying expenses 1st be paid as soon as practicable.
Second I and bequeath to my nephew Manual Casteel a tract of land in Lincoln County Tenn known as the Dooley
place containing about 90 acres to have and to hold during his life, and at his death fo to his heirs. But if I should
sell or dispose of said land then and in that event I direct that he (Manual Casteel) have $1500 on the same conditions,
that is during his life and then to his heirs.
Third I give and bequeath to my great nephew D. C. Casteel a small teact of land in Lincoln County Tenn containing about 15 acres known as the Turley Place.
Fourth I direct that remainder of my property be sold and divided as followes.
Fifthly to my brother Preston Casteel $1.00 and no more. To my great neace Viz Patterson $50.00 and no more. To my neace Partheny Mullens $25.00 and no more. To Jno. Casteel and Jim Casteel (sons of Pres Casteel) $1.00 each and no more. To Jno Casteel (son of my bro Blackston Casteel) $50.00 and no more. To Blackstone Casteel $100.00 to Bettie Wise (daughter of my bro William Casteel) $1.00 and no more. And the remainder of my estate I direct it devided equally between my nephews and neaces heirs of bro William, Abe & Pres Casteel my nephews Jno Casteel’s heirs getting what their father would have gotten were he living except those those already provided for and I direct that Wiley and Callie Allen have $50. extra.
Sixth I direct that if any of my heirs should become dissatisfied of my will and bring any law suit that be absolutely barred from getting any part of my estate.
Seventh I nomanate and appoint K. J. Reagor my Executor of my will.
This Oct 28, 1907 her
Witness Sallie X Casteel
- B. Reagor mark
- M. Mullins
State of Tennessee,
Beford County
I P. C. Steele Clerk of the county court of said county hereby certify that the above and foregoing is a full true and perfect copy of the last will and testament of Sallie Casteel deceased as admitted to probate and as shown by the original will now on file in my office.
Witness my hand and seal at office this March 13th 1908.
- C. Steele Clerk
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Will of Sallie Casteel, p. 443-445
Monday Oct 23rh, 1911
State of Tennessee,
Bedford County
Be it remembered that at a special term of the Chancery Court at Shelbyville, begun and held in the Court House on this Oct 23, 1911 in persuance of a call duly made and entered, court met pursuany to adjournment, was regularly opened by S. T. Powell, D. S. with his honor Walter S. Bearden, Chancellor & Ets., present and presiding. When the following proceeding were had, to wit.
Monday Nov 13th, 1911
- C. Casteel, et als, } Decree
vs } This cause coming on to be further heard before
- C. Casteel, et als. } Hon Walter S. Bearden, Cancellor & etc., was heard on this the 15th day of November, 1911, and former days of the term, upon the bill, amended and supplemental bill, answers and exhibits, proof and upon the whole records, and upon argument of counsel, from all of which it appears to the court that Sallie Casteel died at her home in Bedford County, Tenn, on the 3rd day of March, 1908, that after her death there was probated in common form in the County Court of Bedford County, a paper writing purporting to be her last will and testament, which having been contested, was, upon an issue of devisavit vel non, adjudged not to be her will and testament, a paper writing alledged to have been duly executed by her on the 2nd day of September, 1902, signed by her and attested by two competent and disinterested witnesses, and perporting to dispose of all her estate, real and personal, in the manner set forth in a paper writing marked exhibit “A” to the desposition of B. E. Noblett; and it further appears that a paper writing of which said exhibit is a literal copy, was so executed by her on said date, and that the same was destroyed by burning be her, the said Sallie Casteel, on the 9th day of November, 1907 but the court is of opinion and so decrees that said burning did not amount in law to, under the facts in proof, and was not, for reasons assigned in a memorandum opinion filed with the cause, a revocation.
It is therefore, by the court ordained, adjudged and decreed that said paper writing was and is the last will and testament of Sallie Casteel, deceased, and that the paper attached as exhibit “A” to the deposition of B. E. Noblett is a literal copy thereof and is in the words and figures following to wit; “Know all men by these presents that I, Sallie Casteel, being in good health and of sound and disposing mind and memory make this my last will and testament, hereby revoking all former wills by me at any time heretofore made.
1st. It is my will that all my just debts and funeral expenses be paid by my executor herein after named as soon after my demise as may be found convenient by them.
2nd. It is my will that Mannin Casteel be paid by my executor fifteen hundred dollars in cash also Dooly Tract of land containing 116 acres more or less a remainder interest deed being this day duly executed to him, also family pictures, the complete bed in parlor and bureau containing my papers.
3rd. It is my will that D. C. Casteel be paid five hundred dollars by my executor and also Turley Tract of land in Lincoln Co., containing about 35 acres, also my homeplace with improvements containing about 65 acres, upon condition that he living in my yard and gives me attention during sickness and health, and feed physician and his horse when I need medical attention, a remainder interest in said lands being this day duly executed.
4th. It is my will that Blind Jim Casteel be paid by my executor six hundred dollars in cash.
5th. It is my will that Ben Casteel be paid six hundred dollars by my executor in cash.
6th. It is my will that Wm. Casteel be paid by my executor four hundred dollars in cash.
7th. It is my will that Press Casteel be paid by my executor four hundred dollars in cash.
8th. It is my will that Phobe Tune be paid by my executor four hundred dollars in cash.
9th. It is my will that Parthey Mullins be paid twenty-five dollars in cash.
10th. It is my will that Vick Patterson be paid by my executor three dollars in cash.
11th. It is my will that Bettle Wise have no part, lot or partition in my estate, neither real nor personal, being wholly barred.
12th. It is my further will that all my property real or mixed, not bequeathed in foregoing will, ordered be converted into cash, this with remaining cash to be equally divided between the participating heirs named in this will.
Lastly, I nominate and appoint B. E. Noblett of Boonville, Tenn as executor of
my last will and testament.
Sept 1st, 1902″
And that the same was signed by the said Sallie Casteel and published by her in the presense of M. G. Noblett and G. W. Phelps who becamse subscribing witnesses thereto at her request, and it is further ordered, adjudged and decreed that the said paper writing set forth as aforesaid be set up and established as the last will and testament of Sallie Casteel, deceased; and that the same be certified there to be proceeded on and under as the last will and testament of Sallie Casteel deceased; and that B. E. Noblett named as executor therein be allowed to be qualified as such under said will, or in case he shall fial to qualify, then that such other person as may be law be allowed to administer on said estate of Sallie Casteel, deceased, with the will annexed, be appointed and qualified.
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
Court adjourned until Court in Course,
(signed) Walter S. Bearden, Chancellor.
State of Tennessee
Beedford County,
I, E. W. Bearden, Clerk & Master of the Chancery Court at Shelbyville, Tennesse, certify that the within and foregoing is a true and perfect copy of so much of the decree of Nov 13th, 1911, in the case in Chancery Court of “D. C. Casteel et ale, Vs. H. C. Casteel et als” as relates to the setting up of the will of Sallie Casteel, deceased, in said cause the original of which remains on file in my office and is entered of record in Minute Book “P” pp 173 et seq, of said Court, reference being made to same for all purposes. Under the appeal prayed and granted by certain defendants from said decree, I further certify that the first cedendo and decree of the Court of Civil Appeals, affirming said decree of the Chancellor was received and filed on Apr. 9th, 1913 and was entered in Rule Docket “H” page 181 reference being here made to same.
Witness my hand and seal at office in Shelbyville, Tenn.
This April 18th, 1913.
- W. Bearden, Clerk & Master