Book 2, Pages 154-155
Filed and proven: November 1, 1875

Last Will and Testament…in the words and figures following to wit:

Know all men by this presents:

That I Maria S. Wells, a resident of Hawkins County, State of Tennessee knowing that it is appointed unto all men to die and desiring to deepen of my worldly effects, after my death according my wishes do make establish this my last will and testament hereby revoking void all other wills by me at any time heretofore made.

First — I give and bequeath unto my son Charles M. Wells the on half principle and interest of a note heretofore to wit: on the 13th day of May 1873 executed by him to me for the sum of twenty nine hundred ($2900) dollars payable one year after date with interest at the rate of eight per cent, per annum to the end that my son may thus be relieved, acquitted and exonerated from any ___ to my estate, for the payment of the one half principle and interest of said note.

I further give and bequeath unto my daughter, Marietta M. Carson the balance being the other half of the principle and interest of said note to be used and enjoyed by her, free from the control and marital right of her husband.

I desire that my executors shall collect the amount thus given my daughter and pay the same to her or secondly and preferable invest it for her sole and exclusive benefit as she may direct.

Secondly — I desire, direct and empower my executors to sell the house and lot where I now reside in Rogersville, Tennessee at public or private sale and upon such terms as they may deem the most advantageous and divide the proceeds equally between my son and daughter, Charles M. Wells and Marietta Carson to each of who I hereby give a half interest in the proceeds thus realized.

It is my wish and will that my daughter, Marietta M. Carson shall own and hold her share in the proceeds of said property as her separate estate to be enjoyed or disposed of free from the dominion, control and martial rights of her husband in as full and lawful a manner as any unmarried woman.And I direct that my executors shall pay such share to her, or profitable invest it for her sole and exclusive benefit as she may wish.

Thirdly — I give and devise unto my son-in-law John M. Carson a one third interest which I have in a certain (missing word) of land situated in the suburbs of the town of Rogersville, in the 10th civil district of said county adjoining the lands of C. A. Mitchell and wife, the heirs of Mrs. Alice G. Mitchell and others and containing by estimation three acres more or less (it being the same formerly owned by Thomas McDermott, Esq. To have and to hold unto him and his heirs forever in fee simple forever.

Fourthly — I hereby nominate, constitute and appoint Charles M. Wells and John M. Carson executors of this my last will and testament.

In testimony whereof I hereunto subscribe my name this 1st day of December 1874.

Maria Wells

Attest:

Hugh G. Kyle
Thomas McDermott

Transcribed by Betty Mize