contributed by Dick Wood, December, 2004

James E. Boyett’s Will (1887)

Marshall County Will Book C, pages 121-122

I James E. Boyett of Marshall County Tennessee do make and publish this my last will and testament hereby revoking all other wills that I may heretofore have made.

It is my desire that after my death my executors herein after named pay all my indebtedness of every description as early as possible out of any money that comes into their hands.

2nd.

Should my personal property be insufficient to pay my funeral expense and other indebtedness then I authorize to sell such portion of my real estate as may be necessary for that purpose and they are fully empowered hereby to advertise and sell said land either publically or privately as they may deem best for the interest of my estate and to make and execute all necessary deeds and perform all and everything that is necessary to convey title to the purchaser of said land without the expense of going to any Court of Law or equity.

3rd.

It is my will that my wife Mary F. Boyett have and retain possession and control of all the remainder of my property of every kind and description during her natural life and at her death my executors will sell all of said property that may then be on hand and divide the same equally among my children then living or their representatives of each according to the laws of descent and distribution.

4th.

I nominate and appoint my brothers W. F. Boyett and Jesse Boyett as executors of this my last will and testament and in the event either one of them should die or refuse to act as such executor then the other one is empowered to act just as though both were acting with all the powers given to both.

This April 25th 1887.

his
James E. X Boyett
Mark

Attest: Henry K. Moss

F. E. Ewing

STATE OF TENNESSEE )
MARSHALL COUNTY )

County Court June Term 1887

This day a written instrument purporting to be the last will and testament of James E. Boyett, dec’d, was presented to the Court in open session for probate and Henry K. Moss and F. E. Ewing the subscribing witnesses thereto appeared in court and after having been duly sworn proved the due execution of said will by the testator upon the day and date therein mentioned and the same was by the court ordered to be certified and recorded.

Witness my hand at office this the 6th day of June 1887.

Jo McBride Clerk

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Edeth Boyett’s Will (1893)

Marshall County Will Book C, page 239

I Edith Boyett make this my last Will. I give my brother James E. Boyett wife and children the land I own North of Lewisburg and Mooresville Turn Pike, about four acres. I will to Jessee, W. F. & Chellie Boyett all my interest in the home place which is on South of the land. I will to Anne Maud Boyett my new bed and I want all the residue of my property of every description equally divided between Jessee, W. F., Chellie and my sister-in-law, N.F. T. Boyett and I hereby appoint W. F. Boyett to see that this will is executed.

Aug 3rd 1893

her
Edith X Boyett
mark

S. T. Hardison

R. L. Phillips

STATE OF TENNESSEE)
MARSHALL COUNTY )

This day came S. T. Hardison & R. L. Phillips the two subscribing witnesses to the forgoing will who after first being duly sworn proved the due execution by the testator upon the day and date herein named. Whereupon the Court ordered the same certified and the will recorded.

Witness my hand at office May 7, 1894.

W. L. Wallace Clerk

By J. R. Nance D. Clerk

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Chellie Jane Boyett’s Will (1898)

Marshall County Will Book C, page 313

In view of the uncertainty of life and the certainty of death, I make this my last will hereby revoking all former wills.

I will my brother, W. T. Boyett, my undivided interest in home place upon which we now reside, my interest being nearly one fifth of the place, Consisting of my inherited interest from my father and two sisters who have died without issue. Also a small tract of land inherited from my Aunt Parthena Boyett Situated on both sides of the Mooresville, Tenn. Aisle [looks like; is this word correct??] After my debts are all paid I want my personal property divided equally between my brother Jesse Boyett, Pricilla Owenby, and Florine [wording??] Boyett except my household furniture and clothing. I direct my brothers Jesse and W. T. Boyett to divide as suits them. And I hereby appoint W. T. Boyett to execute this will.

March 4th 1898

her
Chellie Jane X Boyett
mark

Witness: R. L. Phillips

B. M. Collins

STATE OF TENNESSEE )
MARSHALL COUNTY )

This day personally appeared R. L. Phillips and B. M. Collins, the two subscribing witnesses to the hereunto attached will, who after being first duly sworn as the law directs, 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 June 6th 1898.

W. L. Wallace, Clerk

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Jesse Boyett’s Will (1895)

Marshall County Will Book C, pages 373-374

Marshall County, Tennessee Will Book 3

pages 373-374

In view of the certainty of death I hereby make this my will.

I desire my sister Chellie and brother W. T. Boytt to have all my household and kitchen goods and furniture of all descriptions.

I hereby will and convey to my brother W. T. Boyett a tract or parcel of land North Mooresville pike containing about four acres.

I hereby direct that the tract of land known as the Lincoln land containing one hundred and nine acres and bounded by Barron Talley Pike and public road should be sold and the proceeds with any of my other effects not above described should be equally distributed between my sister Pricilla Ownby, my brother James Boyett – Boyett children, my sister, Chellie, and my brother, W. T. Boyett.

I hereby appoint W. T. Boyett and S. T. Hardison my executors to execute the above will and they are hereby autorized to execute the same without bond or in any manner asking the intervention of the Court. They are authorized to sell the land above mentioned publically or privately on such terms and in such time as they may deem best for the legatees and to make necessary deeds of conveyance to same.

December 17, 1895

Witness: Jesse Boyett

John M. Davis

R. L. Phillips

*See Codicil

STATE OF TENNESSEE)
MARSHALL COUNTY )

Personally appeared in open Court this day November 11 – 1901, John M. Davis and R. L. Phillips the two subscribing witnesses to the attached will of Jesse Boyett who after first being duly sworn proved the due execution of the said will by the testator therein named upon the date which it bears. Also on this day personally appeared in open court J. S. Ewing and J. C. Adams the subscribing witnesses to the Codicil to the will of Jesse Boyett, who after being first duly sworn proved the due execution of the said Codicil by the testator therein named upon the date which it bears.

Whereupon the Court ordered that the same be certified and both the Will and the Codicil thereto be recorded and the Executors therein named be qualified accordingly .

WITNESS my hand at office this November 4th 1901.

O. H. Orr, Clerk

*Sept. 17-1898. Codicil to Jesse Boyett’s Will

Since my sister Chellie has died it is my will and dessire that the Portion devised to her be given my brother W. T. Boyett and Also that part given me by my sister Chelly be given to my said Brother W. T. Boyett.

Jesse Boyett Test:

J. S. Ewing

J. C. Adams