Will of David S. Tate
[Will Book 1, pages 230-233 (transcribed by Beverly Burton Culbreth)]


I David S. Tate of South Pittsburg, Tennessee, being of sound mind and disposing memory, do hereby, make, publish and declare this, my last will and testament, hereby revoking all wills heretofore made by me.

First:  I direct that my executor, herein after appointed, shall as soon after my death as convenient [sic], pay out of my estate, all just debts owed by me at the date of my death

Second:  I devise and bequeath to my executor herein after appointed, in trust the following real estate: 1st the house and lot bought by me from Joe Clark, situated in Hardy's addition near the start of the Dixie Portland Cement Company, in Marion County, Tennessee. 2nd. the house and lot bought by me from John Hammock, situated near the Midway Store, in Deptford, Tennessee. My said Executor is hereby authorized and empowered to sell and convey said property and make a warrantee deed thereto at what ever time he deems best to do so, and will hold to the proceeds thereof and pay the same over to Thelma Louise and Lydia Reynolds, from time to time as he thinks best, for the best interest of said children.

I also direct my said executor to pay to the said Thelma Louise and Lydia Reynolds, One hundred ($100.) dollars each in money in addition to the proceeds of the sale of aforesaid real estate.

I give, devise and bequeath unto my beloved wife, Mae, the lot situated just south of the two-story residence situated on Cedar Avenue, just south of the sewer in the town of South Pittsburg, Tennessee the said house and lot having been previously conveyed to my said wife. I also direct my Executor hereinafter appointed, to pay my said wife, five hundred($500) dollars in money out of my estate at such time as he finds it convenient to do so, and in addition to this she is to have the full proceeds of the life insurance policy which I hold in which she is made beneficiary.

I also direct my said executor to pay to my said wife out of my estate at such time as he finds convenient to do so, five hundred($500) for the benefit of and to be used for the support and education of my little daughter, Glena.

It is also my will that my beloved son Dave, and daughter Lydia, shall have the full proceeds of the life insurance policy which I hold on my life, in which they are made the beneficiaries. The title of all my remaining real estate is hereby vested absolutely in my said executor, with power to sell and convey the same and he will also take charge of personal property and make such disposition of it as he deems best to the interest of my estate.

My said executor is also authorized and directed to collect all accounts, notes and other indebtedness due me, and if necessary to do so, he is authorized and directed to bring suit therefore. All moneys now in the bank belonging to my estate shall be under his control as such executor.

The proceeds of the sale of the home place and any other real estate not herein disposed, and the sale of all my personal property and the cash now on hand belonging to me, or any funds hereafter coming into the hands of my executor, as part of my estate, will be distributed equally among my three children. Dave, Lydia and Glena, after paying all expenses incident to the winding up of the estate, paying all debts, owed by me, and erecting a monument at my grave.

My said executor will pay to my wife Mae at such time as is convenient for him to do so, the funds going to my daughter Glena, and my said wife is authorized to use the same for support and education of my said daughter, as she deems to be best to her interest and she shall not be required to give any bond or to otherwise to account for such moneys.

My said executor will pay the accounts going to my said daughter Lydia, direct to her as such times as is convenient for him to do so, but he shall hold the accounts to my son Dave and pay the same to him as is to his best interest to do so, for his education and support and it is left absolutely to the discretion of my said executor when these amounts shall be paid to my son, and when any amount is paid to either of my said children, or any other legatee herein, the responsibility of the executor shall thereby cease.

It shall be left to the discretion of my executor as to when any of the real estate herein disposed of shall be conveyed, and my said wife together with any of my children who may see proper to live with her, shall have the right to occupy the home place free of rent until my said executor sees proper to dispose of it as herein provided. My executor shall look after all of my property, and see that the taxes are paid thereon and make suitable repairs and carry Insurance on the same, and pay the expenses thereof out of my estate.

Lastly I nominate and appoint as the sole executor, of this my last will and testament, John L. Raulston, of South Pittsburg,Tennessee.

This October 1st, 1915

David S. Tate

witnesses
D. A. Tate
J. L. Raulston

We D. A. Tate and Joe L. Raulston, at the request of David S.Tate and in his presence and in the presence of each other, do hereby subscribe our names hereto as witnesses to the last will and testament of the said David S. Tate.

This October first, 1915

D. A. Tate
J. L. Raulston