Will of H. S. Moody - Dated 22 Sep 1873

HENRY MOODY'S WILL
PROBATED NOVEMBER TERM 1873
SEE MINUTE BOOK A PAGE 316

I, H.S. MOODY, OF THE COUNTY OF CROCKETT AND STATE OF TENNESSEE, BEING OF SOUND AND DISPOSING MIND AND MEMORY DO MAKE, ORDAIN AND DECLARE THIS MY LAST WILL AND TESTAMENT, HEREBY REVOKING AND MAKING VOID ALL OTHER WILLS BY ME AT ANY TIME HERETOFORE MADE.

ITEM 1st: IT IS MY WILL AND DESIRE THAT MY EXECUTOR HEREINAFTER NAMED SHALL PAY ALL MY JUST DEBTS AS SOON AS PRACTICABLE.

ITEM 2nd: I GIVE AND BEQUEATH TO MY BELOVED WIFE ELIZABETH M. MOODY FOR AND DURING THE TERM OF HER NATURAL LIFE OR WIDOWHOOD, ALL MY HOME TRACT OF LAND UPON WHICH I NOW LIVE, THE SAID TRACT IS MADE OF THREE DISTINCT TRACTS AMOUNTING TO SEVEN HUNDRED ACRES, ALL ADJOINING. ALSO ALL THE HOUSEHOLD AND KITCHEN FURNITURE, FARMING UTENSILS, ALL THE CATTLE, HOGS, SHEEP AND TEN HEAD OF HORSES, ALL OF HER OWN CHOOSING. ALL THE CORN FODDER AND PROVENDER AND GRAIN OF EVERY DESCRIPTION. I WISH THE HANDS ON THE FARM TO BE FURNISHED WITH SURPLUS OR SUCH NECESSARIES AS WILL ENABLE THEM TO WORK THE FARM FOR ONE YEAR. THEY (THE HANDS) PAYING MY WIFE ELIZABETH M. OUT OF THEIR PARTS OF THE CROP, ALL AMOUNTS FURNISHED THEM. ALSO THE PROCEEDS OF THE FARM TO GO TO THE SUPPORT AND MAINTENANCE OF MY WIFE AND THE SUPPORT AND EDUCATION OF MY CHILDREN (WHO MAY LIVE WITH THEIR MOTHER ON THE FARM) UNTIL THEY HAVE ARRIVED AT THE AGE OF TWENTY-ONE OR MARRIED.

ITEM 3rd: I GIVE TO MY SON JAMES S. MOODY ONE SORREL COLT, THREE YEARS OLD, VALUED BY ONE AT ME HUNDRED AND FIFTY (150) DOLLARS. I GIVE TO MY DAUGHTER ELIZABETH J. LOVING, THE SUM OF ONE THOUSAND DOLLARS AND ONE SORRELL COLT, THREE YEARS OLD, VALUED BY ME AT ONE HUNDRED AND FIFTY DOLLARS, THIS VALUATION SHE ACCEPTED AND RECEIVED INSTEAD OF THE COLT. I GIVE TO MY DAUGHTER MARTHA J. MOODY ONE MOUSE-COLORED COLT, ONE YEAR OLD TO BE VALUED TO HER WHEN SHE TAKES SAID COLT IN POSSESSION, MARRIES OR BECOMES TWENTY-ONE YEARS OLD. IT IS MY WILL THAT MY AFORESAID CHILDREN, JAMES S. MOODY, ELIZABETH LOVING AND MARTHA J. MOODY BE CHARGED WITH RESPECTIVE AMOUNTS TO THEM IN THE DIVISION OF MY GENERAL ESTATE.

ITEM 4th: IT IS MY WILL AND DESIRE THAT MY WIFE GIVE TO EACH OF MY CHILDREN HEREINAFTER NAMED WHEN THEY BECOME OF AGE OR AT SUCH TIMES AS SHE THINKS BEST, A HORSE OR AN AMOUNT OF MONEY EQUAL IN VALUE TO THAT GIVEN TO JAMES S., MARTHA J. & ELIZABETH J. LOVING. SHOULD MY WIFE NOT BE ABLE TO DO THIS THEY MUST HAVE THE AMOUNT FROM MY GENERAL ESTATE AND BE CHARGED WITH THE SAME.

ITEM 5th: IT IS MY DESIRE THAT THE REMAINDER OF THE HORSES BE SOLD AT SUCH TIME AS MY EXECUTOR MAY THINK BEST.

ITEM 6th: IT IS MY WILL THAT THE REMAINDER OF MY ESTATE CONSISTING OF REAL ESTATE NOTES AND RAILROAD STOCKS TO BE DIVIDED EQUALLY AMONG ALL MY CHILDREN, J.S. MOODY, ELIZABETH J. LOVING, MARTHA J. MOODY, THOMAS E. MOODY, DAVID S. MOODY, WILLIAM S. MOODY, MONROE E. MOODY, HENRY S. MOODY AND JOHN D. MOODY, SHARE & SHARE ALIKE.

ITEM 7th: I HOLD THREE NOTES AGAINST A.J. LOVING, THE PRINCIPLES OF WHICH AMOUNTS TO TWENTY SIX HUNDRED DOLLARS, ALSO THESE NOTES AND LOANS I WISH NOT COLLECTED UNTIL THE TWENTY-FIFTH OF DECEMBER 1875, PROVIDED SAID LOVING WILL MAKE PRINCIPLES AND INTEREST SECURE, OTHERWISE THEY MUST BE COLLECTED AS SOON AS PRACTICABLE.

ITEM 8th: IT IS MY WILL THAT AT THE DEATH OF MY WIFE, THE LAND LOANED HER SHALL GO TO MY CHILDREN ABOVE MENTIONED, SHARE & SHARE ALIKE WITH ALL THE PERISHABLE PROPERTY ON THE PLACE SOLD AND PROCEEDS EQUALLY DIVIDED AMONG MY CHILDREN.

ITEM 9th: IT IS MY WILL SHOULD MY WIFE MARRY THAT THE LAND LOANED HER BE EQUALLY DIVIDED AMONG ALL MY CHILDREN AND THE PERISHABLE PROPERTY ON THE FARM OF EVERY DESCRIPTION BE SOLD TO THE HIGHEST BIDDER AND FIVE HUNDRED DOLLARS OF THE PROCEEDS BE GIVEN TO MY WIFE ELIZABETH MOODY AND THE REMAINDER EQUALLY DIVIDED AMONG ALL MY CHILDREN.

ITEM 10: IT IS MY INTENTION THAT MY CHILDREN SHALL INHERIT MY PROPERTY, SHARE & SHARE ALIKE AND NOTHING IN THIS INSTRUMENT MUST BE CONSTRUED DIFFERENTLY.

ITEM 11th: I HAVE ONE-HALF INTEREST IN A HOUSE AND LOT AT BELLS DEPOT DEEDED TO NOEL AND MOODY AND WISH THOMAS E. NOEL TO HAVE THE PRIVILEDGE AND POWER OF SELLING THE SAME WHEN HE THINKS BEST AND TO MAKE A DEED FOR THE SAME, HE PAYING OVER TO MY ESTATE ONE-HALF THE AMOUNT IT SELLS FOR.

ITEM 12th: I DESIRE MY BROTHER DAVID S. MOODY TO ACT AS GUARDIAN FOR MY CHILDREN AND TO HAVE THE POWER TO EMPLOY A TEACHER FOR THEM AT A STATED SALARY IF HE THINKS BEST.

LASTLY, I HEREBY APPOINT THOMAS E. NOEL, MY EXECUTOR FO THIS MY LAST WILL AND TESTAMENT, IN TESTIMONY WHEREOF I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY SEAL TO THIS MY LAST WILL AND TESTAMENT IN THE PRESENCE OF THE UNDERSIGNED WITNESS WHO HAVE WITNESSED THE SAME IN MY PRESENCE AND THE PRESENCE OF OTHERS, ON THIS THE 22 DAY OF SEPTEMBER ONE THOUSAND, EIGHT HUNDRED AND SEVENTY-THREE (1873).

H. S. MOODY (SEAL)

TEST:
HOWELL BRANCH
JOHN N. BRANCH
(PROBATED NOVEMBER TERM 1873)