Joel Yarbrough Will (1871)
contributed by Dana Hill
Marshall County Will Book C, pages 81-83; TSLA microfilm roll Marshall #42
State of Tennessee)
Marshall County )
November the 27th 1871
I Joel YARBROUGH do this day make and publish this as my last will and testament hereby revoking and making void all other wills by me at any time made.
First. I direct that my funeral expenses and all my just debts be paid as Soon after my death as possible out of any money that I may die seized and possessed of or may first come into the hands of my executor.
Secondly.
My will and desire is and I do So devise that my Son Joseph M YARBROUGH pay off all my just debts and funeral expenses without making any public Sale or Selling off any of my property more than he can avoid, but if it become necessary to Sell any of my property, my Said Son Joseph YARBROUGH is hereby empowered to make Such Sale privately. All the remaining property I wish to remain on the place during the natural life of my wife Nancy. And after the death of both myself and wife Said property or So much of the Same as may not be consumed shall be the Sole property of my Said Son Joseph M.
Third.
I will and bequeathe to my daughter Eliza Ann YARBROUGH wife of Joseph YARBROUGH fifty acres of land to be hers for her Sole use, benefit and Support, but not to be hers or take effect until after the death of myself and my wife Nancy. Said fifty acres of land being the Same land I once Sold to my Son Robert W YARBROUGH and afterwards purchased the Same back, For the boundaries of which reference is had to Said deeds, but the above bequest is made upon the condition that my Said Daughter Eliza Ann pay to my daughter Rebecca E SPENCER Two Hundred Dollars, to be due one half in one year and the other in two years after the death of both myself and my wife Nancy.
Fourth.
I will and bequeathe all the remainder of my real estate to my Son Joseph M YARBROUGH as a compensation for taking care of myself and wife during our natural lives, but not to take effect until after the death of both, and after the death of both the Said Joseph M YARBROUGH shall pay out of the value of my land and property which may come into his possession by virtue of this my last will, Twenty Five Dollars to each of my following named children which Shall be their full share of any estate both read and personal, to wit Matilda McQUERTER wife of John L McQUERTER, Rachael A WHEELER wife of E R WHEELER, Robert W YARBROUGH,
Joanna P McQUERTER wife of D Y McQUERTER, Fountain E LAVENDER wife of William F LAVENDER and Demarias J FARRAR the wife of N W FARRAR
Lastly
I hereby appoint as my Executor to this my last will and testament my friend Isaac V. DARK to carry out this my last will and testament
Joel YARBROUGH
Assigned and acknowledged before us and we have hereunto Subscribed our names at the request of the testator. This the 21st Nov. 1871
J. J. ELLIOTT
T. J. CATHEY
A. B. STILWELL
Codicil to this my will.
I hereby affirm this will and republish the Same in all things except that portion of my will which requires my daughter Eliza A YARBROUGH to pay my daughter R. E. SPENCER at the date of my will but afterwards married Thomas WRIGHT who is now dead the Sum of Two Hundred Dollars, is hereby revoked and Said Eliza A YARBROUGH is to have Said land without paying anything to any one
Witness my hand on this the 30th day of October 1880
Signed by us in the presence of Joel YARBROUGH (SEAL)
the testator at his request as witnesses to this his codicil to this his last will & testament on this the 30th day of October 1880)
Thomas B HARDISON
Thomas WEAVER
I Joel YARBROUGH being of Sound mind do hereby make this my Second Codicil and affirm this my will and first codicil and republish the Same in all things except that portion of my will which requires my son Joseph M YARBROUGH to pay to my following named children the Sum of Twenty five dollars each, namely. to wit Matilda McWHIRTER wife of John L McWHIRTER, Rachael A WHEELER, wife of E R WHEELER, Robert W YARBROUGH Joanna P McWHIRTER wife of D Y McWHIRTER, Fountain E lavender wife of W. F. LAVENDER, Demarias J FARRAR wife of N. W. FARRAR which p portion being described in Said will in the fourth item is hereby revoked and the Said Joseph M YARBROUGH is to have Said property and is not required to pay anything to my above named children.
Given under my and and Seal, this the 17th day of January 1883.
Joel YARBROUGH (SEAL)
Acknowledged in our presence the day & date above written
Test Thomas B HARDISON
M. L. HARDISON
State of Tennessee )
Marshall County )
County Court July Term 1884
This day personally appeared in open Court J. J. ELLIOTT T.J. CATHEY and A B STILWELL the Subscribing witnesses to the foregoing will, and also Thomas B HARDISON and Thomas WEAVER the Subscribing witnesses to the first codicil and Thomas B HARDISON and M. L. HARDISON the Subscribing witnesses to the Second Codicil to Said will and after having been first duly sworn proved the due execution of Said will and codicils respectively by the testator upon the days and dates therein written as required by law and the Court ordered the Same to be Certified & recorded
Witness my hand at office this the 7th day of July 1884
Jo McBRIDE Clerk