Will of Manuel David Cox |
Submitted by
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Last will and testament In the name of God, Amen ! I, M.D.Cox being of sound mind and disposing memory, do hereby make, ordain and publish my last will and testament hereby revoking and making void any and all wills by me before at any time made. Item 1. It is my will that upon my death my body be decently buried by the side of my deceased wife in the spot or lot of land which I bought from Dan Harrison and set apart for the burial of our dead. Item 2. After my death my executors hereinafter named shall take charge of all my estate both real and personal, collect all debts due my estate and pay my just debts if any.After this shall be done, I want all my estate real and personal,all of which lies and is in the 6th Civil District of Lauderdale County Tennessee, brought together a full and accurate list of all the same ,real and personal and mixed , so that it may be seen from an inspection of said list what composes my estate and to the extent of the same. It is then my wish that so far as practical , my children and grandchildren or their personal representatives assemble themselves together and agree with my executors if they can, as to whether it would be the best for all concerned to divide said property giving to each his or her share in kind or whether it would be better to sell all the property, real and personal and reducing all my estate to money and divide that among them. It would be gratifing if they could agree. If however they cannot, then it is my will, that my said executors shall have full power and it shall be their duty to divide said estate as to them shall seem best and right under all the circumstances and in that event I solemnly charge them to act with discretion, fairness, justice and in the fear of the Lord. Item 3. In whatsoever way or by whatever method my estate may be divided, it is my will that all my said children and grandchildren of any child who may be dead , such grandchildren representing and taking such part of said as their parent would have taken if living, shall have as nearly absolutely equal portions as is practicable. To my daughters I leave their portion to them, their sole and seperate use freed and discharged from any debts, liabilities and contracts of their present or future husbands, and their said husbands or any future husbands if there be any shall have absolutely no right whatsoever in the wifes portion by virtue of their marital relation but said right is as each and every of them absolutely cut off and their said wife, my daughter shall have all rights of a femme sole with respect to said property, it's dispostion change or any other thing which she might or could do if she were an unmarried woman. And if my executors should by the method of division they adopt have to make deeds to any of my said daughters they shall observe and carry out my will in the making of said deeds.The buring place mentioned in Item 1. of this my last will is to be kept as a buring place for my family and their decendants and it is not desired to include that in the listing of my estate. Item 4. I hereby nominate and appoint my two sons Alex E. Cox and James M. Cox Executors of this my last will and testament and if for any reason either of said Executors is unable or refuses or fails to act, then the other may act alone and have all the powers herein bestowed and be subject to all the responsibilities devolving upon him as such executor and I hereby request that they shall employ the advice and counsel of a good lawyer. Reposing full confidence in the faithfullness and integrity of my said sons they are hereby released from giving bond as such Executor or Executors. This Apri 29th 1899 " M. D. Cox " Witnesses Blair Pierson B. A. Sinclair Proven by Blair Pierson and B. A. Sinclair as the last will and testament of M. D. Cox and ordered to be recorded this Oct 10th 1904. |
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© 1999 Lauderdale County Coordinator