Will of N. H. Harber - Dated 30 Oct 1945

I, N. H. HARBER, a farmer, of Crockett County, Tennessee, do make and publish this my last will and testament, hereby revoking and making void any and all other testamentary dispositions heretofore made by me at any time.

I: I direct my executors, hereinafter named, to pay all of my just debts out of the first money that comes into their hands as such executors, together with the special bequest hereinafter designated for my invalid son, CONNIE HARBER.

II: There are certain items of personal property which I desire certain members of my family to have. Therefore I give and devise to my daughter-in-law, BONNIE HARBER, the furniture that I refer to as my parlor room suit. To my daughter, EMMA FERN SKELTON, I give and bequeath one wardrobe. To HAZEL HARBER, my daughter-in-law, I give and bequeath my cedar chest. To my daughter, AGNES CROSSNOE, I give and bequeath one dresser. To my daughter BUNA MANSFIELD, I give and bequeath one wardrobe. To my grand-son, JERE SKELTON, I give and bequeath my watch and chain. I also give to my daughter EMMA FERN SKELTON my gold finger ring.

III: I direct my executors, hereinafter named, to hold in trust for the uses and purposes herein stated the sum of $500.00, and this $500.00 is set apart specifically for the benefit of my invalid son, CONNIE HARBER, who is now, and I am sure will continue to be, in the home for incurables at Memphis, Shelby County, Tennessee, and this $500.00 is to be paid by my executors for the support of this son, and to be paid monthly, quarterly, or in other regular payments as required by said institutions, or any other institution in which he may be an inmate, until it is exhausted, or so long as he may live, and should he die before said fund is completely expended, then the residue shall pass under the residuary clause of this will. Now I expressly provide that this fund of $500.00, unless there is sufficient mony on hand at my death or to be realized out of the personal property possessed by me at my death to set up this fund and pay all debts and expenses, then the respective tracts of land hereinafter referred to as being given to each of my children, except the tract given the said CONNIE HARBER are expressly impressed with a lien for the creation of such fund and in addition enough to pay all cost of administration.

III: [Should be IV] With regard to my real estate, I have on this date, had prepared and am now in the process of executing deeds to my respective children to that part of the farm lands owned by me which I desire that each child have, and I am placing these deeds in one of the banks where I have done business, or putting them up with my other important papers, but I am not having them recorded, and I direct my executors to deliver said deeds to the respective grantees, as soon after my death as may be practicable, upon the compliance on the part of each of said children with the provisions of this will respecting the creation of a fund of $500.00 mentioned in paragraph "III" of this will and the payment of the cost of administration of my estate, and to the end that the deeds may be delivered and the respective children become possessed of the lands described therein, I do give and devise to my respective children the lands so described in the respective deeds, impressed with a lien for the creation of said fund and cost of administration of my estate, as herein immediately set out. Now I contemplate that I will have sufficient funds with which to pay said special fund of $500.00, to pay all of debts, including the debts against said lands, and to pay the cost of administration of my estate, but should I have insufficient funds in cash and personal property not herein specifically devised, from which the executors realized sufficient cash, then each tract of said land, except the tract devised to my said invalid son, as set out in his deed, shall be and are hereby impressed with a lien, each in the same amount, sufficient to create a fund with which to set up the $500.00 fund into the hands of the Executors, and to pay all debts that I owe, including and debts secured by trust deed on said lands or any part thereof, except the land described in the deed to my said invalid son, which said tract shall not be impressed with any lien of any kind, and if such debts are secured by trust deed against same, then it shall be paid as other debts are paid, and each child except said invalid son shall contribute an equal amount, and such ones as do so, by so doing, will relieve their respective tracts of any lien whatever. Also, should there be sufficient money and personal property not herein specifically devised to set up said fund and to pay all debts, and a residue thereof, then such residue shall be equally divided to my six children CONNIE HARBER, BUNA MANSFIELD, HAMLETT HARBER, AGNES CROSSNOE, GORDEN HARBER and EMMA FERN SKELTON, each to share alike therein, and this provision shall also apply to any amount remaining in the $500.00 herein provided for, to be placed in the hands of my executors, in event of the death of the said CONNIE HARBER before said fund is expended, then residue to be equally divided between my said children.

IV: [Should be V] In reading the deeds it will be observed that there is not the same acreage in each tract, and this is due to the fact that I have tried to divide the land according to value rather than acreage, and the tract to my daughter BUNA MANSFIELD contains more acreage than any other. Now this is due to the fact that there is a part of this land in the drainage district, with some assessments against it, as such assessments shall not be considered a part of my debts, but I contemplate such may have to be paid by her. Therefore I have placed more acreage in her tract. Other tracts have improvements on some more than others and so I have not tried to make an equal acreage division.

V: [Should be VI] I hereby name and appoint my son GORDON HARBER, and my son-in-law HOMER CROSSNOE and MARVIN MANSFIELD as joint executors of this my will and testament, and having full faith and confidence in them, they are not required to give bond as such executors.

Witness my hand, this 30th day of October 1945.
N. H. HARBER

Witnesses:
HARRY KNOX
J. B. AVERY, SR.

Codicil:

I, N. H. HARBER, being of sound mind and disposing memory, do hereby add the following Codicil, making same a part of my will, and insofar as it conflicts with the provisions of my foregoing will, such provisions are revoked and/or modified, leaving all the other unrevoked provisions in effect.

After the payment of the $500.00 trust fund for my invalid son CONNIE, and the payment of the cost of the administration of my estate, then I do will, devise and bequeath to my beloved wife, MRS. KATHERINE FULLER HARBER, all of the remainder of the money, deposits in bank, postal deposits and bonds and all federal bonds of any kind, together with any money due me as rent from my real estate, and as hereinafter provided.

Now should my death occur after June 1, of the year in which I shall die, then I will, devise and bequeath to my said beloved wife the rents and profits from my real estate for that particular year, and the same to be paid to her either by the tenants or by my administrator. Should I die prior to June 1, in the year of my decease, then rents shall pass as does my real estate under the terms of this will and the deeds refferred to.

Now I expressly provide that there shall be no deductions from my personal property, money or what so ever it may consist of, with which to pay any debts on my lands, that is debt secured by any lien on my lands, but the lands shall be impressed with the lien sufficient to pay all such debts and those of my children, except my said son CONNIE, shall pay all debts secured by liens on all my lands at the time of my death, and they will take such lands impressed with such liens.

It is my further will that my body be buried in the Cemetery at Bathesday Church, in Crockett County, Tennessee, and in this connection I state that I am a resident of Crockett County, Tennessee, and my domicile shall and will continue to remain in Crockett County, Tennessee, not withstanding the fact that I spend most of my time in the State of Arkansas, the domicile of my present wife, but I have never voted in that state, nor done any act changing my domicile from Tennessee, and I expect to remain domiciled in Tennessee the remainder of my life, and that this will shall be probated in Crockett County, Tennessee.

Witness my hand this November 11, 1947
N. H. HARBER

Witnesses:
THEO J. EMISON
J. B. AVERY SR.