Book A, Transcript Pages: 435-436

I David Green of the County of Carroll Tennessee being in good bodily health and of sound and disposing mind and memory calling to mind the frailty and uncertainty of human life and being desirous of settleing my (p. 435) worldly affairs and directing how my estate shall be disposed of after my decease while I have capacity to do the same I do make and publish this my last will and testament, hereby revoking and making null and void all other last wills & testaments by me heretofore made and all my estate both real personal and mixed of which I shall die seized & possessed or to which I shall be entitled to at the time of my decease, I devise bequeath and dispose of in the manner following to wit,

1st My will is that all my just debts and funeral charges shall be paid out of my estate as soon after my decease as shall be deemed convenient

2nd I give devise and bequeath to my beloved wife Adaline F. Green one third part of entire estate both personal real and mixed to have and to hold the same to her and her executors and administrators and assigns forever in the following manner. The said one third part is to be ascertained and set apart to her in the manner deemed most advisable by the parties in interest and she is to have entire use and control of the aforesaid property and all profits and benefits ariseing therefrom during her natural life free from the use and control of any future husband or other person with full power to use it and consume it if necessary for her support and to that end she may sell exchange or otherwise dispose of said property or (p. 436) any part thereof and make good titles to the same and any property or other effects received in exchange or that is purchased by monies derived from the sale of any of the before devised property or by monies originating as profits from the use of said property shall be held in like manner by her free from the use and control of any one subject alone to her control and necessary benefits and she may dispose of the same at her death in any manner she thinks proper

3rd I give and bequeath to my nephew W. E. Cavitt one third part of my entire estate both real and personal and mixed together with all profits & benefits arising therefrom for and during his natural life free from any debts or liabilities he now has or may hereafter contract and intrust for the benefit of his children to be shared by them at his death as tenants in common any of the profits of said estate may be used by him during life for the necessary support of himself and family

4th I will that the remaining one thrid part of my entire estate at my death shall go to David Ann Mays nephew of my wife and son of Joel F Mays together with all profits and benefits arising therefrom for and during his natural life free from any debts or liabilities he now has or may hereafter have and in trust for the benefit of his children to be shared by them at his death as tenants in common any of the profits of said estate may be used by him during life for the necessary support of himself & family

5th If W. E. Cavitt should die without leaving any child or children or the children of such a child or children then it is my will that the Estate herby bequeathed to the said W. E. Cavitt shall go to David Ann Mays or if he is dead then to his heirs

6th If David Ann Mays dies without a child or children or without the children of such child or children, then it is my will that the portion of my (p. 437) Estate hereby bequeath to the said David Ann Mays shall go to W. E. Cavitt or if he is dead then to his heirs

7th If both E. E Cavitt & David Ann Mays shall die without heirs then the portion of David Ann Mays shall go to his brothers those of the whole blood and the portion of W E Cavitt shall go to William Carrustes Lewter a son or Orland Lewter

8th If my mother should need any assistance or property of any kind during her life the same is to be furnished her from my plantation

9th I nominate and appoint Adaline T Green to be the Executor of this my last will and testament

In testimony whereof I have hereunto subscribed my name and affixed my seal This 14th day of February 1862

David Green

State of Tennessee ) November Term 1865
Carroll County)

At the above term of said Court a paper writing purporting to be the last will & testament of David Green Decd was probated and ordered to be recorded of which the foregoing is a copy Test

W. H. Graves Clerk

This text was transcribed by Jere Cox from the typescript entitled Tennessee Records of Carroll County Will Book “A” September, 1822 – 1864 (approximately) created in 1937 under the Works Progress Administration.

Corresponding Resource: FamilySearch has a microfilm copy of the WPA transcript of Will Book A available to view on-line (click here).  A free FamilySearch login is required to view microfilm.

Jere Cox was an early Carroll County TNGenWeb coordinator.  We do not intend to violate Jere’s copyright interests by including the transcription here, but we want to make sure his efforts remain available for future researchers.