Book 2, Page 41
Proven: October 7, 1867

I Elizabeth Charles the widow of James Webster, deceased and last the widow of Wiley B. Charles, deceased, a resident of Hawkins County State of Tennessee being in a state of weak bodily health but claiming to be of sound mind and memory do make this my last will and testament revoking all others by me heretofore made.

First – Out of my estate so soon after my death as practicable my Executors will pay off my funeral expenses and just debts if any – and in regard to the residue of my estate I dispense of it as follows to wit: To Elizabeth Mays, my grand daughter and the child of John W. and Jane Mays, I give and bequeath one hundred dollars to be paid her by my executors two years after the date of her qualification, and to my daughter Jane the wife of the said John W. Mays I have heretofore given her a share of my estate, and I therefore give her nothing more of my estate.

To Ida Bell Bray, a reputed grand child of my own and a reputed child of my deceased son Eldridge Webster, I give and bequeath fifty dollars to be paid her by my executors out of my estate two years after the date of her qualification.

To the widow and children of my deceased son James Webster, I give no more of my estate, because he has had in his lifetime a full share of my estate.

To my son Alexander H. Webster, I give in addition to what I have heretofore given him fifty dollars to be paid him by my executors two years after the date of his qualification.

To John W. Webster, my son now absent from home I give in addition to what I have already given him fifty dollars to be paid him two years after the date of his qualification by my executors.

To Conrad L. Webster, my son now also from home I give in addition to what I have already given him fifty dollars be paid him by my executors two years after the date of his qualification.

To A. L. B. Webster, my youngest son and now at home, I give and bequeath a black mare colt now over a year old and five hundred dollars to be paid him by my executors out of my estate two years after the date of his qualification.

To my daughter Sally Bailey wife of James Bailey, who I’m now keeping house with, I give and bequeath all my household and kitchen property, consisting of two feather beds, two bureaus, one press, one cupboard, three tables, one clock, chest and all the contents and belongings except my cash and cash notes, accounts and debts which must go to my executor.

I ___ ___ that my said daughter shall have all my housekeeping furniture and my executor shall not sell the same with the condition that she continue to live with me and take care of me during my remaining days especially in my last sickness and if she shall not do this then the property so bequeathed to her as aforesaid shall go to my executors and be sold by him on a credit of twelve months to the highest bidder and the proceeds equally divided betwixt my grand daughters, Martha E. Bailey and Mary Jane Bailey who are the children of said daughter Sally and in addition to the foregoing bequest I also give to my said daughter Sally Bailey wife of said James Bailey one hundred dollars to be paid her by my executor two years after the date of her qualification.

I intend the bequest to aid Sally to be the separate property of herself and children aside from any sort of claim of said James Bailey. Now if any one of the before mentioned legatees to whom I have bequeathed any thing should die before receiving their said legacy, my executor shall pay the bequest of such deceased party over to my son John Webster, Conrad S. Webster, Sally Bailey, A. L. B. Webster or Elizabeth Mays and Alexander Webster or their survivors or legal representatives equally.

My personal property, that I may die seized and possessed of such as houses, cattle, hogs, sheep, bee hives, waggons, plows, harness, farming tools, grain, hay or any other articles not specially bequeathed will be sold by my executors to help raise a fund to meet the aforementioned bequests.

If should my estate in the hands of my executors prove to be more that will meet all the demands, I have fixed upon him heretofore that the surplus shall be divided amongst my legatees in the proportion I have bequeathed and on the other hand if there should be a deficit and not enough of my estate to meet all the aforesaid bequests I have made, I intend that each legatee should be valued accordingly.

I do hereby nominate and appoint James R. Bailey, my son in law and Orville Bailey ___ ___ one of them my executors to carry out the provisions of this my last will and testament

Elizabeth [X] Charles (her mark) (Seal)

Witnesses:

George D. Wagnor
Joseph H. Webster

I do hereby make George Wagnor the custodian of this my will

Elizabeth [X] Charles (her mark)

Attest:

A. S. Burem

Transcribed by Betty Mize