Dysart Wills from Books B & C
contributed by Barbara Collin
Gideon B. Dysart’s Will (1878)
Marshall County Will Book B, pages 147-148
State of Tennessee}
Marshall County}
I Gideon B. Dysart do hereby make my last will & testament, in good health & sound mind.
1st:
In the first place I will that all my just debts be paid out of the first money that is collected.
2nd:
In the second place I will my wife Salina H. Dysart the land known as the “Widow Dysart Tract” containing about one hundred acres, during her life, also the use of one half of the houses we now live in & all the household & kitchen furniture she had when we were married; also her wardrobe & desk; half dozen chairs also my horse Charlie & buggy & harness; and one cow & calf & what sheep & hogs that is on hand & if there is money enough after the debts are paid to have the use of Five hundred dollars her life time & at her death to be divided equally among my children.
3rd:
In the third place I will my daughter Mary S. Ewing & the heirs of her body the land known as the “D. G. Little Farm” containing about one hundred & forty acres.
4th:
In the fourth place I will my daughter Sarah A. Glenn & the heirs of her body the South west corner of the A. B. Ewing tract running west with McLary’s line to a cedar stump in the W. B. Brown’s west boundary line; thence north to the road that runs by the Wigg’s farm; thence west to the line known as the Barret [Barnet?] Ewing west boundary line thence north with said line to the North East corner of a little field north of my house; thence west to the seven acre field; thence north to the corner of said field thence west to F. L. Ewing’s East boundary line, thence South to the beginning containing about one hundred and thirty two acres.
5th:
In the fifth place I will to my daughter Elizabeth D. B. Thomas & the heirs of her body the balance of my land lying north of the land that I willed to Sarah A. Glenn containing about one hundred & thirty two acres & if either party or any one of them is not satisfied & should bring suit, all costs shall be paid out of their part.
I appoint James A. Ewing Robert N. Glenn and William L. Thomas as ececutors of my will.
In witness whereof I set my hand & seal this the 12th day of October 1878.
Gideon B. Dysart
Witnesses
J. T. Wiggs
J. A. Bills
State of Tennessee}
Marshall County}
This day personally appeared in open court J. T. Wiggs & J. A. Bills the subscribing witnesse to the foregoing will who after having been duly sworn proved the due execution of the same by the testator upon the day & date therein named.
Witness my hand at office in Lewisburg this the 1st day of Aril 1889.
Jo McBride clerk
remainder of wills contributed by Dick Wood
R. C. Dysart’s Will (1865)
Marshall County Will Book B, pages 190-191
STATE OF TENNESSEE)
MARSHALL COUNTY )
I Robert C. Dysart do make this my last will and testament hereby revoking all other wills made by me heretofore.
First. I order that my funeral expenses and debts be paid out of any money of which I may die possessed or the same to be paid by my Executor out of the funds he may collect.
2nd. I order that all my household furniture be kept for the use of my children the same to be stored away in my house unless my Executor or guardians of my children may hereafter deem it best to have them sold.
3rd. I bequeath to my son William E. Dysart the horse that he claims also I bequeath to him my gold watch the same to be charged to him at a fair valuation.
4th. I order that all of my other personal or perishable property be sold by my Executor and the proceeds added to the estate.
5th. I order that no division be made of my land until the oldest of my children become of age, then the same to be equally divided among them in lots of equal valuation.
Lastly I do hereby nominate and appoint R. S. Montgomery my Executor.
In testamony whereof I do to this my will set my hand and seal. This 29th day of April 1865.
R. C. Dysart {his Seal}
Signed, executed and published in our presence and we have subscribed our names hereto in the presence of the testator this 29th April 1865.
John Ramsey Jurat May 6th 1865
James P. Dysart ” ” ” ”
STATE OF TENNESSEE)
MARSHALL COUNTY )
Personally appeared here in open Court John Ramsey & James P. Dysart, subscribing witnesses to the forgoing will who after first being duly qualified proved the due execution of the forgoing will as Law directs.
Witness my hand at office May 6, 1865.
R. L. Adams Clerk
John Dysart’s Will (1870)
Marshall County Will Book B, pages 277-278
STATE OF TENNESSEE)
MARSHALL COUNTY )
I John Dysart a citizen of the State and County aforesaid, being of sound mind and in my proper senses do make this my last will and testament, hereby revoking all former wills by me made.
After defraying my funeral expenses and paying off my just debts, I will and bequeath to my beloved wife Rachel and my eight children, viz: Salina Jane Dysart, Martha W. Brown, Mary C. Coffey, John H. Dysart, W. H. H. Dysart, Emily A. Preslar, and Margaret A. F. Dysart one equal share each in my personal property = after giving to my wife and Son, Dunlap the following property – extra (viz.) to my wife all my household and kitchen furniture, one cow and calf, one waggon and harnys, two horses and a year’s provisions, to my Son Dunlap a young bay mare.
In the division of my personal property, after setting forth the above to my wife and son Dunlap I order that the amounts which I have here after to my children (as follows).
To Salina Jane Dysart ($175) one hundred and Seventy five dollars, Martha H. Brown ($225) Two hundred and twenty five dollars, Emily A. Preslar ($340) Three Hundred and forty dollars, Mary C. Coffey ($385) Thre hundred and Eighty five Dollars and Margaret A. F. Dysart ($160) One hundred and Sixty dollars be credited with the amount due to each of them in this division of the personal Estate and the remainder of each one’s account to be cancelled in the division of the land or real estate as Shall be hereafter mentioned.
I will and bequeath to my three sons, John H., W. H. Harrison, and Marshall Dunlap, all the land of which I am possessed consisting of four hundred acres more or less Subject however to the following provisions and limitations. I value all the land in the aggregate Sum of Four thousand Dollars.
Now my sons may pay to my five daughters the balance of five hundred dollars to each which balance is found by dividing the amount due from each after the division of the personal Estate from the five Hundred dollars.
The aggregate amount to be paid to my daughters by my three sons Shall be as follows – Six hundred dollars to be paid in three years after my death the balance in five years my__________ My sons must also hold the land subject to the Support and maintainence of their Mother or what would in Law amount to a Dower.
Now when such provisions shall have been satisfied or such conditions Shall have been fulfilled, then said land shall belong equally and absolutely to my three sons – in common or divided among them as they may think best.
I hereby constitute and appoint _________(a long blank space)________________
to be the Executors of this my last will and testament.
In testimony Whereof I hereto set my hand and seal this 15th day of December 1870. John Dysart
Test—- R. S. Montgomery Jurat Aug 7/71
J. S. Nowlin ” ” ”
STATE OF TENNESSEE)
MARSHALL COUNTY ) County Court August Term 1871.
Personally appeared here in open Court R. S. Montgomery & Dr. J. S. Nowlin the subscribing Witnesses to the forgoing will who after first being duly sworn, proved the due execution of the same as the law directs – which was by the Court ordered to be recorded.
Witness my hand at office in Lewisburg; this August 7th 1871.
R. L. Adams Clerk
Maggie F. Dysart’s Will (1871)
Marshall County Will Book B pages 301-302
I Margaret Dysart being of sound mind and in full exercise of my reasoning faculties, do make this my last will and testament hereby revoking all other wills heretofore made by me.
1st. I order that my funeral expenses and my debts to be paid out of the monies I may have at my death.
2nd. I will and bequeath the Sum of Eighty Dollars to be expended in purchasing and erecting Suitable and Similar head stones over the graves of myself, my Father, my Aunt Smith Dysart, and my Cousin, Cornelius Dysart.
3rd. I will and bequeath the Sum of Forty Dollars to be given as follows: Ten Dollars to the Bethberia Bible Society, ten to the Missionary Board of the Presbyterian Church to which I belong – ten dollars to the Sustentation Board of said church and ten dollars to the board of same.
4th. I will and bequeath Five Dollars to each of my sisters (viz) Jane Dysart, Martha Brown, Mary Coffey, and Emily Preslar.
5th. I will and bequeath to my brothers John H. Dysart and W. H. H. Dysart each the Sum of one hundred dollars it being my last part of the amount which they agreed to pay to their sisters in addition to what was given them by my Father in his will.
6th. I will and bequeath to Dunlap M. Dysart, my youngest brother, all the remainder of my property which Shall be left after giving the above amounts to the persons and purposes therein mentioned and specified.
7th. I do hereby nominate and appoint________(blank)____________to be the executor of this my last will and testament.
In testimony whereof I have set my hand and Seal this 1st day of Sep 1871.
Margaret F. Dysart {her Seal}
Witnessess: J. S. Nowlin Jurat April 2/72
D. M. Logan ” ” ” ”
STATE OF TENNESSEE)
MARSHALL COUNTY ) County Court April Term, 1872.
Personally appeared here in open Court Dr. J. S. Nowlin & D. M. Logan Subscribing witnesses to the forgoing will, who after first being duly sworn, proved the due execution of the same as the law directs – Which was by the Court ordered to be recorded after being certified.
Witness my hand at office this April 2/72.
R. L. Adams Clerk
Mary B. Dysart’s Will (1872)
Marshall County, Tennessee Will Book B, pages 396-397
March 14, 1872
I Mary B. Dysart, resident of Marshall County, Tennessee, do make and publish this my last Will and Testament hereby revoking and making void all former wills by me made heretofore at any time.
And First I direct that my burial expenses and all my debts be paid out of the money that first comes into the hands of my executors from any portion of my estate, personal or real.
2. Secondly I give and bequeath to My daughter Martha L. Easley one half of the remainder of my personal and real estate.
3. Thirdly I give and bequeath to Mary A. Woods, Francis D. Woods and Nancy E. Woods (children of my daughter, Elisabeth E. Woods) the sum of five dollars each.
Fourthly I give and bequeath to Elvena Woods, daughter of the above specified Elisebeth E. & C. H. Woods, the remaining portion of my personal and real estate.
4. Fifthly I do hereby make, ordain, and appoint my Nephew, F. L. Woods, Sr. executor of this my last will and testament.
In witness whereof I Mary B. Dysart the said testator have to this my will written on one sheet of paper set my hand and seal this fourteenth day of march in the year of our Lord one thousand eight hundred and seventy two.
her
Mary X B Dysart {SEAL}
Mark
Signed sealed and published in the presence of us who have subscribed in the presence of the testator and of each other.
Witnesses
F. B. Woods Jurat Sep 4/76J. L. Woods ” ” ” ”
State of Tennessee County Court September
Marshall County Term 1876
Personally appeared in open court F. B. Woods and J. L.Woods subscribing witnessess……………………………………………………….
I failed to transcribe page 397 or have lost my copy of it
_____________________
Transcriber’s notes:
Mary B. Dysart was Mary (Blair) Woods (23 Oct 1797-1 Jan 1876), daughter of Francis H. & Mary (Leeper) Woods. She married Francis (Frank) Dysart (“31” Nov 1788-22 May 1824) on 7 Dec 1819. They are said to be buried at Bethbirei Cemetery, Farmington, Marshall County. [See: Revolutionary War Patriots of Marshall County, Tennessee, copyright 1976 by Jane Wallace Alford, pages 35 and 36 regarding John Dysart. (Francis Dysart was a son of John Dysart & wife, Martha Patton)].
“My daughter, Martha L. Easley” named in paragraph 2 of the will was Martha (Leeper) Dysart who married Bedford Endsley. (Both buried at Round Hill).
“My daughter, Elisebeth E. Woods”mentioned in paragraphs 3 & 4 was Elizabeth Elrena Dysart ( 8 Mar 1823-16 Sep 1857) who had married Cory H. Woods on 29 Jan 1841. She was already deceased at the time this will was prepared. Mary Dysart was making bequests to Elisebeth’s surviving children.
“My Nephew, F. L. Woods” named as executor of the will may have been Francis Leander Woods (1840-1909), son of Mary B. Dysart’s brother, Francis Bedford Woods (1809-1892) but could have been Francis Leroy Woods (1829-1909, son of another of Mary’s brothers, James Leeper Woods & his wife, Amelia Muse. The subscribing witnesses to the will, F. B. Woods and J. L. Woods, were probably Mary B. Dysart’s brothers, Francis Bedford Woods and James Leeper Woods. [See: “The WOODS FAMILY of Piedmont,” taken from “A WOODS FAMILY HISTORY” compiled by Elbert Weyman Woods, 1983, 508 Fayetteville Road, Jonesboro, GA 30236 on pages 61-63 of Vol XIV Summer 1983 No II Marshall County Historical Quarterly published by the Marshall County Historical Society, Lewisburg, TN 37091.
W. E. Dysart’s Will (1895)
Marshall County Tennessee
Will Book C, page 259
I W. E. Dysart being in right mind and proper senses do make this my my last will and testament hereby revoking all other wills heretofore made by me.
1. I order that my funeral expenses be paid and all my debts out of any monies I may die possessed of or as soon as the same can be collected from my personal effects.
2. I order that a monument to be placed over my grave – something similar to the ones over my father & mother.
3. I order that all my personal property, Watch, all my live stock, household goods and all other articles be sold by my Executors and the proceeds divided as herein after mentioned – including all my notes and accounts when collected to be disposed in like manner.
4. I order that the proceeds of my personal property to be disposed of as follows: a – That my blood sister Mary J. Phillips first have five hundred dollars – first (b) That the balance be divided equally between her and the heirs of Annie E. Hill Dec’d.
5. I will and bequeath to my said sister Mary J. Phillips the use – and the profits arising from the use of all my lands and betterments during her life.
6. After her death I order that the same (that is, my lands) to be sold by my executor administrator and the proceeds to be divided equally among my two sets of heirs – that is- the children of my sisters Mary J. Phillips and Annie E. Hill, dec’d.
7. I hereby constitute and appoint William Phillips and D. M. Stegall to be Co-Executors of this my last will and testament. This May 24th 1895.
W. E. Dysart
Witnesses: E. W. Woodward
T. R. Logan
R. S. Montgomery
STATE OF TENNESSEE)
MARSHALL COUNTY )
County Court June Term 1895.
This day personally appeared in open Court E. W. Woodward and T. R. Logan two of the subscribing witnesses to the forgoing will and 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 that the same be Certified and the will recorded.
Witness my hand at office this June 3, 1895.
W. L. Wallace Clerk