Will of H. W. Hill
[Will Book 1, pages 292-293 (transcribed by Beverly Burton Culbreth)]


I, H. W. Hill, of South Pittsburg, Marion County, Tennessee, do hereby make, publish and declare this my last Will and Testament, in manner and form that follows:

FIRST. I direct that all my just debts and funeral expenses be paid as soon after my deceased as conveniently can be done.

SECOND. I give, devise and bequeath to my wife, Mary E. Hill, the right to use, enjoy and control, during her natural life-time all my property, real, personal and mixed, wheresoever situate, of which I may die seized or possessed, or to which I may be entitled at the time of my decease. my said wife, during her life-time, shall have the right, and is hereby authorized and empowered, to receive all the income from my said estate, either real or personal, and to have full possession of the same: a part of which income is to be paid over to my daughter, Carrie L. Hill, as hereinafter provided.

If necessary, my said wife is authorized and empowered to sue in her own name, or as Executrix, upon any note or notes, or contracts of any character, that may be left at the time of my decease, in order to enforce collection thereof. But in the event the principal of any note or notes be collected by her, the same shall be re-loaned, or put on interest, and a note taken therefor, payable to my estate.

In other words, my said wife shall have the right to use the income from all my said property during her life-time, subject to the provision contained herein, for my daughter, Carrie L. Hill. But she shall not have the right to dispose of any real estate, or to the principal of any debt or debts due my said estate, at the time of my death.

THIRD. From the income from my said estate, my said wife will first pay all taxes, insurance and repairs thereon, and all her expenses incident to the keeping-up of said property, From the remainder, she will pay to my daughter, Carrie L. Hill, one third (1/3) of the net income from my entire estate, and retain the remainder for her own support and maintenance, during her natural life.

FOURTH. It is my will, and I hereby direct and bequeath, that immediately after the death of my said wife, all my property, real, personal and mixed, shall go to, and be distributed equally between my daughters, Carrie L. Hill and Gertie H. Freas, to share and share alike.

Fifth. The above provision for my wife is to be in lieu of all right of Dower in my estate.

SIXTH. I nominate, constitute and appoint my wife, Mary E. Hill as Executrix of this my last will and Testament.

SEVENTH. Should any of the beneficiaries under this, my will, object to the probate thereof, or in any wise contest, or aid in contesting the same, or any provision thereof, or the distribution of my estate thereunder, then, in that, I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary shall be absolutely barred and cut off from any share in my estate.

IN WITNESS WHEREOF, I have hereunto subscribed my name, this Sixth (6th) day of December Nineteen Hundred and Seventeen (1917) in the presence of S. T. Haskew and J. B. Phillips, whom I have requested to become attesting witnesses hereunto.

H. W. Hill


THE FORGOING INSTRUMENT was subscribed, published and declared by H. W. Hill, as and for his last Will and Testament, in our presence, and in the presence of each of us, and we, at the same time, at his request, in his presence, and in the presence of each other, hereunto subscribe our name and residences as attesting witnesses, this the Sixth (6th) day of December, Nineteen Hundred and Seventee [sic- Seventeen] (1917).

S. T. Haskew   So. Pittsburg, Tenn.
J. B. Phillips   So. Pittsburg, Tenn.