Will of John W. Lyon - Dated 25 July 1892

In the name of God Amen. I, JOHN W. LYON of the County of Crockett and State of Tennessee - see - being in usual health and sound in memory do hereby make this, and publish the same as my last Will and testament, revoking all other Wills, heretofore made by me, this 25th day of July A.D. 1892.

First: I direct all my Just debts contracts and legal obligations be met and paid off out of the first moneys coming into the hand of my Executors whom I will hereinafter nominate, or as soon after their qualification as practicable.

Second: I give and bequeath to my daughter SARAH FRANCIS TAYLOR, and equal share of all the property of my estate with my other children whom I will hereafter name. This bequest is to my said daughter free from the marital claims of her husband, and for and during her natural life, and at her death to her bodily heirs share and share equally, except as to her oldest son WILLIAM THOMAS POWELL, who is to have paid to him out of this bequest the sum of Ten dollars anually until her death or until her youngest child is twenty one years old, and then the residue to be equally divided between all of her children.

Thirdly: I give and bequeath to my son JAMES B. LYON an equal share of all my property of every description and kind for his use, during his natural life, and at his death the same to belong to his then living children or their issue and to vest immediately regardless of his marriage or his then existing Condition, Nor shall the said J. B. LYON have any power to convey said property, and the same shall not be subject to execution by his creditors or homestead or dower to his Widow.

Fourthly: I give and bequeath to my daughter EMMA BOOTH and equal share in my estate, with other children or their issue to her own use free from the martal claims of her husband, and exclusively to her own separate use, during her natural life and at her death to her bodily heirs share and share alike.

Fifthly: I give and bequeath to my Son SOLOMON H. LYON an equal share in all my estate of every description during his natural life and then to his children if he has any, if none then his brothers and Sisters of the whole or half blood and that JOHN BOOTH and JAMES B. LYON be and they are hereby nominated as trustees to manage his said bequest. He the said SOLOMON being incapable to manage and control his estate.

Sixthly: I give and bequeath to the children of MRS. A. N. S. TERYS dec. ANNIE, LEE, EFFA, JAMES BUCK TERRY one equal share with my said children all of the property in my estate free from the claims of their father, and I hereby appoint JAMES B. LYON and JOHN BOOTH as trustees for said children, to manage and control said bequest, provided however, their father JOHN T. TERRY as long as he resides in this county and live upon said lands until these children become twenty one years old, or until he marries again his claim will cease at either occurrence, otherwise he can live on it & control it.

Seventh: I direct that the County Surveyor in conjunction with two other good men to be elected and appointed by said children or a majority of them be appointed as commissioners to lay off and divide my lands that I may die seized and possessed of, and divide them as near equal in value as they possibly can, and then have a disintirested party to draw by numbers designating the lots and children, So that each one may get an equal amount in value and the said division presented to the County Court for Confirmation and registration Provided however, the several shares shall not be divided until the youngest Child becomes Twenty one years of age. That is the division for instance, of the TERRY children shall not be made between them until the youngest one is of age.

Eight: I hereby nominate and appoint JOHN BOOTH and JAMES B. LYON as Executors of this my will and testament, and I want to fix their Salary or fees for their trouble at two dollars each for them per day, for the time actually engaged in the discharge of their duties as Executors, to have no more, no less. Given under my hand this July 25th 1892. J. W. LYON

Witnesses:
B. H. HARMAN
J. B. HUMPHREYS

I JOHN W. LYON do hereby add the following as a Codicil to the foregoing last Will and testament:

I direct that Section seven which says that the division is not to be made until the youngest child of TERRYS become 21 years old, that the same apply to all of my children, that each ones share remain one undivided share, until the youngest child of theirs becomes 21 years old.

Second: I add further, that in case any of my children are indebted to my estate at the time of my death shall be set off with the bequest that I make such a one, and it matters not as to the Statute of limitation such must not run as against this gift the deduction must be made before such one is entitled to any bequest, and furthermore J. B. LYON and JOHN T. TERRY be charged nothing for rents, and they are not have anything for any buildings or improvements made on the lands they now live upon, neither are they permitted to move any buildings off of said land. They may put on, and furthermore, this bequest to J. B. LYON is intended to clear it free from the claims of his creditors, if any he has, at the time of my death or afterwards.

Also I direct that after the lands have been divided , The timber on each division shall not be sold off the land, until the expiration of the limitation, that is when the respective children become 21 years of age.

Given under my hand this October 17th 1892 In the presence of B. H. HARMAN and J. B. HUMPHREYS.
J. W. LYON

Witnesses:
B. H. HARMAN
J. B. HUMPHREYS

Attest, a true copy
D. B. DODSEN, Clerk