contributed by Dick Wood, December, 2004

Sallie McGahey’s Will

Marshall County Will Book 3, pages 95-96

I Sallie McGahey of the County of Marshall and State of Tennessee being of sound mind and good memory do make this my last will and testament, viz.

That whereas I am possessed of a tract or parcel of land the same being described in the deed of partition among the heirs of David McGahey, bounded on the North by the lands of [not legible] and the seventy five acre entry and the South by Kerr’s lot and the Simmons land, on the East by the Kerr lots and the Bills land and on the West by the Magaret Simmons land.

Also I am possessed of one half of the seventy five acre entry the same being undivided, and all of which I will and bequeath to my son Alfred McGahey.

In testimony whereof I hereby affix my hand and seal.

her
Sally X McGahey
mark

Executed in the presence of

Jurat June 1st 1885 D. S. Harmond

” ” ” ” James K. Endsley

STATE OF TENNESSEE)
MARSHALL COUNTY )

County Court June Term 1885.

This day appeared in open court D. S. Harmond and James K. Endsley the subscribing witnesses to the forgoing will; and after being first duly sworn proved the due execution of said will by the said testator upon the day and date therein mentioned and the Court ordered the same to be certified and recorded which is accordingly done.

Witness my hand and seal this the 1st day of June 1885.

Jo McBride Clerk

[Transcriber’s note: Note somebody wrote in “Sally” down where she “signed” with her mark.]

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Leah McGahey’s Will (1896)

Marshall County Will Book 3, pages 296-297

STATE OF TENNESSEE )
COUNTY OF MARSHALL)

Know all persons by these presents that I Leah McGahey of the county and state aforesaid, being of sound mind and good memory do make this my last Will and Testament hereby revoking all wills by me at any time made.

First – I direct that all my debts if I owe any and my funeral expenses including neat tombstones be paid out of any moneys of which I may die possessed.

Second – I will and direct that my household goods be equally divided among Margaret McGahey, Sally Duckworth and Kink K. Kerr and that my livestock, farming implements, tools of all kinds be sold and the proceeds of the same be equally divided among the above named parties.

Third – I bequeath my real estate to my sister Margaret McGahey during her lifetime.

Fourth – After the death of my sister above named I will and direct that my land be divided into five equal parts. One part to K. K. Kerr and one part to Leora Duckworth. One part to Ogla Duckworth, one part to Burney and Ross Luna jointly, and one part to Horace Duckworth.

The part I bequeath to Horace Duckworth is only during his lifetime and at his death it shall be divided among the other heirs to whom I have bequeathed the other parts.

Fifth – The bequest of my lands shall be subject to these conditions Viz. that my land shall not be sold out of my family above named and any of my heirs selling his or her part to ootside parties shall forfit his right to the same and I direct that said part shall be equally divided among the other legatees.

The second condition is that whoever owns the part containing the forest trees above my spring and extending above my house should cut down and destroy the same he shall forfit his right to his or her part and it shall be divided among the other legatees.

This first day of October A. D. 1896.

Leah McGahey {her Seal}

Attest: W. J. Rambo

STATE OF TENNESSEE)
MARSHALL COUNTY )

This day came W. J. Rambo the subscribing witness to the forgoing will and after being duly sworn according to law proved the due execution of the same by the testatrix upon the day and date therein named. Whereupon the Court ordered the same certified and the will recorded.

Witness my hand at office this March 1 – 1897

W. L. Walker

By ? H. Orr, D. C.

Her tombstone at Round Hill Cemetery reads: Leah, dau of David McGahey / Mar 28, 1824 – Dec 23, 1896 / Age 72 yrs., 9 mos., 17 days

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Miss Margaret McGahey’s Will (1905)

Marshall County Will Book 3, pages 498-499

STATE OF TENNESSEE)
MARSHALL COUNTY )

Know all parties interested that I Margaret McGahey of the County of Marshall and the State of Tennessee being advanced in years but of sound mind do make this my last will and testament.

First – I direct that all my Debts and funeral Expenses be paid, and my Executors purchase and erect a New tomb stone at my grave.

Second – To Carrie Kerr Elderidge I give all the lands I have lying West of the public road to be hers during her lifetime, deed then to go to her children. But should she die leaving no living children then it is to be sold and divided Equally among the heirs hereinafter named.

Third – I direct that three hundred Dollars to be set aside out of the remainder of my estate to be used in the Building a Dwelling on Carry Aldrich’s land and my Executors are to see that it is used for building a dwelling and for no other purpose.

Fourth – All the lands I have on the East side of the public road, together with all my personal property except the household and kitchen furniture be sold to the highest bidder and the money divided from this sale together with all other moneys I may have after the bequest of three Hundred Dollars has been set aside, be divided Equally between the following parties: Leora Duckworth, Olga Duckworth, Ross Luna, Hobart Duckworth, Dewey Duckworth, Carrie Kerr Elderidge and Otis McGahey.

Fifth – My household and kitchen furniture to be Divided among the above named heirs except my books which go to Leora and Olga Duckworth and Otto McGahey equally.

Sixth – I appoint Leora Duckworth & R. M. Luna Trustees of the interests of Hobart and Dewey Duckworth and I direct these trustees to use this money in Educating their children and should one of them die then the Extra fund is to be used in Educating the one living and should both die leaving money in your hands then I direct you to divide it equally among the heirs named in this my will.

Seventh – Should any of the heirs herein named die prior to the Execution of this my will, then his or her interest is to be divided among those living.

Eighth – I appoint R. M. Luna and Otto McGahey my Executors without bond.

Witness my hand and signature this the 30th day of October 1905.

Margaret McGahey

Executed in our presence and for the purpose therein named

S. G. C [Not legible] Witness

W. H. Hardison Witness

STATE OF TENNESSEE)
MARSHALL COUNTY )

This day came R. M. Luna and Otto McGahey and presented to the court a paper writing purporting to be the last will and testament of Miss Margaret McGahey dec’d and moved the court to allow the same admitted to probate which prayer the Court is pleased to grant. Whereupon came S. G. C[not legible] & W. H. Hardison the two subscribing witnesses to the said will and after being duly sworn proved the due execution of the same by the testatrix therein named and upon the day and Date therein written. Whereupon the Court Ordered the same certified and the will recorded.

Witness my hand at office in Lewisburg, Tennessee on this the 2nd Day of December 1908.

A. W. Wysong Clerk

Her tombstone at Round Hill Cemetery reads: Margarette / Dau of David McGahey / Oct 19, 1837 / Nov 27, 1908