contributed by Dick Wood

Marshall County Will Book 3, pages 221-222

Francis B. Woods Will (1877)

Know all men by these presents that I, Francis B. Woods of the County of Marshall and State of Tennessee being in reasonable health and of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.

As to my worldly estate, real, personal, or mixed, of which I should die possessed of or which I shall be entitled to at the time of my decease I devise, bequeath and dispose thereof in the manner following.

First my will is that my just debts and funeral expenses shall by my Executors here-in-after named be paid out of my Estate as soon after my decease as shall by them be found convenient.

Second. I give and bequeath to my three daughters Martha C. McGahey, Sarah E. Cannon and Jane Smith and their bodily heirs after them, equally divided in valuation between them, my tract of land known as the home tract on which I now reside bounded on the North by J. B. Woods, West by Michael Cannon, South by R. J. Orr and J. H. Miller, East by F. L. Woods, the division to be made by five disinterested men, with the assistance of a surveyor, the parcels of land then chosen by lot, the men to be named by my executors.

Third. That my cedar land be sold by my Executors either publicly or privately as they may deem best.

[Transcriber’s note: There is no paragraph numbered “Fourth.”]

Fifth. I order that all the stock on hand at my death of whatever kind, farming utensils, household and kitchen furniture except the beds and bed clothing, be sold at public sale to the highest bidder on a twelve credit, the purchaser going bond with approved security. The beds and bed clothing to be equally divided by lot between the children and not sold and also my books.

Sixth. The proceeds of the sales above provided between all my children.

Seventh. In the event that my wife Margaret Woods shall outlive me then this Will shall not be set up or probated during her natural life, but she shall have possession and control of the above named tract of land and all its appurtenances for her benefit and support during her life.

Lastly. I nominate and appoint my sons – Francis L. Woods, and John B. Woods, as my Executors to this, my last Will and Testament and I do empower said Executors to divide, sell, give title, reinvest in land to my Daughters and their bodily heirs if necessary.

In testimony whereof I Francis B. Woods have to this my last will and testament subscribed my name and affixed my seal this the 31st day of January in the year of of our Lord, 1877.

F. B. Woods {his Seal}

Signed and sealed in our presence who at his request have

subscribed our names as witnesses thereto.

Robert J. Orr – Jurat – 2-2-93

F. L. Woods ” – 12-14-92

STATE OF TENNESSEE)
MARSHALL COUNTY )

This day came Robert J. Orr & F. L. Woods the two subscribing witnesses to the forgoing will who after being first duly sworn proved the due execution of the same by the testator upon the day and date therein named. Whereupon the Court ordered the same certified and the will recorded.

Witness my hand and seal at office this March 17, 1893.

W. L. Wallace Clerk

____________________________

Francis Bedford Woods and his wife, Margaret Steele Morrison Woods are both buried at Round Hill Cemetery:

Bedford Woods Margaret Woods

Born February 14, 1809* Born March 9, 1810

Died June 21, 1892 Died August 15, 1895

* The Francis Harper Woods Family Bible Record gives Francis Bedford Woods’ date of birth as July 14, 1809. The tombstone may be in error or in poor condition and hard to copy.

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Marshall County Will Book 3, pages 519-520

Frank L. Woods Will (1909)

I, Frank L. Woods, being of a sound mind and a disposing memory hereby declare and publish the following as my last will and testament.

First. I direct that all my just debts including funeral Expenses be paid by my Executor.

Second. I give and devise to my son Ross A. Woods my five shares of Stock in the Valley Mill Company and also my house and lot situated in the town of Lewisburg, Tennessee and at the corner of Knob & Water Streets. They are now occupied by T. R. Daniels and family.

Third. I give and devise to my wife Susie Woods all the remainder of my personal Estate and also give and devise to her for and during her natural life my tract of land and improvements upon which we now live. Situated on the Belfast Pike near Lewisburg and at her death the said place is to go to my son Ross A. Woods, in other words, I give the place to my wife for life with remainder to my said son Ross A. Woods. But the reference to the said last named real Estate I direct now and do provide as follows: In the event my wife prefers not to live on the place I hereby Empower and direct my Executor to sell same at a price to be agreed upon between my wife and my Executor but not for less that its residual value and (not legible) such portion of the proceeds may seem best and the executor deed my wife Sue a house and lot within said town Suitable for a house for her taking title to secure a home for her during her life with remainder to my said son, and I will and devise that my Executor, Acting as trustee, invest the remainder of said proceeds in property or securities in such a way that there may be an income from some & that he, during the life of my wife, Collect and pay over to her the income from such investment or investments and at her death to Deliver to my said son any of the proceeds Still in his hands, and all property in which same has been invested.

Fourth. I nominate and appoint my friend R. A. McCord as Executor of this my will and also as my trustee for the purpose indicated herein.

Witness my hand this May 31-1909.

Frank L. Woods

We hereby subscribe our names as witnesses to the forgoing will at the request of and in the presence of the testator on this May 31, 1909.

J. L. Marshall

Otto McGahey

STATE OF TENNESSEE)
MARSHALL COUNTY )

This day of June the 18th 1909 came R. A. McCord and presented to the Court a paper writing purporting to be the last will and testament of Frank L. Woods, dec’d, and moved the Court to allow the same writing to probate, which prayer the Court is pleased to grant. Whereupon came Otto McGahey and Jno. L. Marshall the two subscribing witnesses unto said will and after being first duly sworn proved the due execution of the said will by the testator therein named upon the day and date therein written. Whereupon the Court ordered the same Certified and the will recorded all of which was accordingly done. And it appearing from the contents of said will that R. A. McCord is named as Executor to the will and he this day appeared in open Court and moved the court to allow him to Execute Bond & qualify as such. Execution which prayer the Court is pleased to grant. Whereupon petitioner called for sureties Jno. L. Marshall and Otto McGahey and was thence as such Entered into Bond in the sum of Two Thousand Dollars which bond was granted and approved by the court. Thereupon the Court ordered letters Testamentary to issue & petitioner be qualified as such Extr. Which was accordingly done.

[Transcriber’s note: a line is missing from the photocopy of the will, presumably the court clerk’s date and signature line]