Will of Morris K. Shoemake
[Will Book 1, pages 204-208 (transcribed by Beverly Burton Culbreth)]


I, Morris K. Shoemake, being of sound mind and disposing memory do make and publish this, my last will and testament.

 1 

I direct that all my just debts and funeral expenses be paid out of any monies left by me and if there is any monies needed other than that left by me at my death, I direct that my personal property left by me be sold and the proceeds applied to pay off balance of debts and funeral expenses. The remainder of my personal property is to be sold and the proceeds divided among the heirs of my body per stirpes.

 2 

I will and bequeath and give to my son, Thomas J. Shoemake in fee simple, subject to the charge hereinafter noted or in event of his death, to his children, the following real estate: being in the 5th, formerly old 4th civil district of Marion County, Tennessee and beginning on a small cedar on top of a hill with chestnut pointers, thence running north, 88 1/2° west, 48 1/2 poles to a stake in McFadden's line; thence North, 1° east with said line, 23 poles to McFaddens corner, thence North 881/2° West, 13 1/2 poles to a stake and pointers, thence North 1 1/4° east, 56 1/2 poles to a post oak with small persimmon pointers, thence south 88 1/2° east 51 poles to stake and pointers, thence south 1 1/4° west 83 poles to the beginning, containing 26 1/2 acres more or less and being the same property conveyed to me by James Rogers and wife. Thomas J Shoemake is to pay to Jennie Abbott, wife of Oscar Abbott the sum of fifty dollars within one year of my death and the same is a charge against the above described land and a lien on same to secure its payment. He may pay same before my death to Jennie Abott and take her receipt therefor.

 3 

I give and bequeath and will unto Gracie Shoemake, Tom Shoemake, Jr. and Pearl Shoemake, children of Jackson Shoemake, my son, subject to the charge hereinafter sat forth, the following land in fee simple and if either of said children die before I do their heirs to take same. said land is described as follows, Being in the 5th, formerly the 4th civil district of Marion County, and beginning on a stake with black oak, past oak and hickory pointers thence north 71 1/2° 83 poles to a stake in Turners line, thence south 22° west 36 1/2 poles to a stake at Wm F. Shoemake's corner that is land herein willed to W. F. Shoemake, thence with his line north 74 3/4° east 52 poles to a stake on the side of the hill near a well thence North 43 1/2° east 3 poles to a stake thence 84 1/2° east 40 poles to a stake in the original west boundry line, thence 2° east, 21 poles to the beginning, including the M. K Shoemake house, and containing 17 acres more or less. The said land above described is charged with one hundred and fifty dollars payable to David Shoemake $150.00 within 12 months after my death said sum and a lein is retained on said property to secure the payment of said sum of $150.00.

 4 

I will and bequeath and give unto Wm F. Shoemake and his heirs in fee simple, subject to the charge hereinafter set forth the following described real estate, being in the 5th, formerly the 4th civil district of Marion County, Tenn, and beginning on a mulberry in a ditch in Turners line, it being the northwest corner of Orpha Caldwell heirs tract hereinafter described, thence south 74 3/4° east 107 poles to a stake in the Ross line with black oak, post oak pointers also Joe Caldwell corner, thence with the center of the road as it meanders north 25° east 34 poles to a stake in said road, thence north 69 1/2° west 13 1/2 poles to a stake near a house on a line. Thence north 2° #2. east 10 poles to a stake at the lower edge of the orchards thence north 84 1/2° west 40 poles to a stake thence south 43 1/2° west 3 poles to a stake in the side of the hill near the well, thence north 74 3/4° west 52 poles to a stake in said Turner's line. Thence south 22° west 36 poles to the beginning and containing 25 acres more or less. W. F. Shoemake is to pay Jennie Abbott, wife of Oscar Abbott, the sum of twenty five dollars within one year after my death and the same is charge against the above described land and a lien is retained on same to secure the payment of said $25.00 to Jennie Abbott.

 5 

I will and bequeath and give to Mamie Caldwell, Fred Caldwell and Ethel Caldwell. children of Orpha Caldwell, my daughter and their heirs in fee simple, subject to the hereinafter set forth charge, the following described real estate, being in the 5th civil district formerly 4th civil district of Marion County, Tennessee, and beginning at a stake and pointers at Turner's southwest corner, in B. Alders line, thence north 89 1/4° east 116 poles to a stake and pointers in Ross'es [sic] line near the corner of a field, thence with Ross line north 4° east 8 1/2 poles to a stake with black oak and post oak pointers, thence north 74 3/4° west 107 poles to a Mulberry in a ditch in Turner's line, thence south 22° west 33 poles to the beginning and containing fourteen acres more or less. The said Mamie, Fred and Ethel Caldwell are jointly to pay Jennie Abbott twenty five dollars within one year after my death, and said $25.00 is a charge against said land and a lien on same to secure its payment is retained.

 6 

All other property of which I may die seized and possessed, either real or personal or mixed, now owned or hereinafter acquired by me is to be equally divided, that is per stirpes and ratably, between all my heirs.

 7 

I nominate and appoint my friend Miles H Merrett as the executor of this my last will and testment

In witness where of I, Morris K Showmake have hereunto set my hand on this the fourteenth day of April nineteen hundred and ten.

Mors K. Showmake (his mark)


signed by the said Morris K Showmake as and for his last will and testament, in the presence of us the undersigned who at his request, and in his sight and presence have authorized our names hereto as attesting witnesses, the day and date above written.


P. H. Thach
D. M. Tate
witness