Will of James B. Arendale
[Will Book 1, pages 50-51 (transcribed by David Johnson)]


I James B. Arendale of the County of Marion and State of Tennessee Knowing the uncertainty of Life and the certainty of death and being of sound mind and disposing memory have this day made and published this my last will and testament:

1. I desire and direct that all my just debts be first paid out of any money on hand and if not Sufficient money on hand at the time of my death to pay my debts then my Executor will Sell personal property enough to pay the same or will collect money and my Notes and accounts for that purpose as he may deem best

2. I have sold my farm in Jackson County Ala to Dr. Wm James for $2500.00 on credit of five years taking his five several promissory notes for $500.00 Each due in one two three four and five years with interest from date of maturity of Each Mote[sic] out of the first money collected on these notes I desire my Executor to retain Eight hundred dollars ($800.00) any interest that may accrue on the notes for the purpose of paying my debts and if money then Sufficient to pay debts the ballance of said Eight hundred dollars and interest aforesaid I give and bequeath to Jo J. Arndale[sic] Minnie S Arndale Lula L. Arndale and Mary P. Arndale in equal proportions,

The balance of the purchase price of Said land I give and bequeath to as follows to my daughter Cate A. James Wife of Dr James five hundred Dollars.

to my son Thos. J. Arndale five hundred Dollars.

to my Son [should be daughter] Mary A. Harris wife of William Harris five Hundred Dollars.

to my Son Daniel Arndale Two Hundred Dollars. I have already given and advanced to my son Daniel Arndale considerable money and sent him to School and realy don more for him than I will Evry be able to do for any other of my children and he must be content with Two Hundred Dollars. Condition named below I have be Told that my Son Daniel Who now lives in Illinois claims that I am Indetted to him in about the Sum $100.00 Dollars this Claim I Do not reconnise as Just. if my Son Should Sue My Executors and recover Judgement against my Estate then this Legacy is to be reduced by the amount of Such Judgement No Intrest in any Eavant to be paid on any of the Legacies to Mrs. James Harris Thomanes[sic "Thomas?"] J. & Daniel Arndale and the Said Legacies are to be paid only out of Proceeds of Land Notes aforesaid and not out of any other of my Estate and only after the Eight Hundred Dollars $800.00 and Intrest aforesaid or paid and if for any reason there is a Loss in the Calculation of Said notes the Loss is to be Borne by the Legatees aforesaid to wit, Mrs. James Harris Daniel Thomas J Arndale in propotion[sic] to the amout[sic] of there Respective Legacies

third I give and bequeath all my personal property after payment of any debts and the specific Legacies above named to Mary P. Arendale J. J. Arndale Minnie S. Arendale & Lula L. Arendale Share and Share alike.

4th I devise unto Mary P. Arendale, Jo J Arendale, Minnie S Arendale, and Lulla L Arendale all the real estate of which I may die seized and possessed in Marion County Tennessee or else whare share and share alike Said devises to take the fee simple of said land.

5th My son Jo J Arendale is now the owner of the following personal property two Black Mules, one horse 4 years old, one Small yoke of steers, one black cow and calf this statement is made to save trouble and show the others interested that I have no claim of said property

6th I nominate and appoint My Son Jo J Arendale the Executor of this will and having confidence in his judgement and integrity is excused from giving bond as such Executor this the 29th day of April AD 1885

James B Arendale (his mark)

we have witnessed the above will and the reqest[sic] of the Testator, And have Subscribed our names as witnesses in the present of each other and in the presents of said testator on this the 29th day of April AD 1885

Albert McLellan
A J Jenkings

Sworn to and Subscribed Before me July 4 1886
W F Lewis Clk