contributed by Barbara Collin

Marshall County Will Book C, page 2

William Swinney’s Will (1876)

I William Swinney do this day make this my last will & testament and do hereby revoke all other wills by me heretofore made.

First I order that my funeral expenses be paid out of any moneys I may die possessed of as soon thereafter as the same may
be collected.

Second I will and bequeath to my daughter Georgia Ann Stallings, and to my grandson John Stanley Stallings son of my daughter Deonitia Stallings, dec’d the tract of land which I own in Bedford County 19th Civil Dist and known as the McCutchen place, the same to be equally divided between them. Said land is bordered on the North and East by lands of H. M. O’Neal dec’d Bethiah Nesbit in the South by the Jones lands, on the West by the Hamilton lands.

Third I will and bequeath to my son Adolphus N. Swinney all of my household and kitchen furniture.

Fourth I order that my home place, consisting of about one hundred & sixty acres be sold by my executor, on a credit of one and two years, and the proceeds be equally divided among the following named of my children or the heirs thereof: Eliza E. Cooper, Warren L. Swinney, Martha A. Cooper, A. F. Swinney, W. A. Swinney, and Susan Malvina Crook. Also I will and bequeath to the above last named six children or the heirs thereof all the proceeds arising from my personal property.

I hereby consistute and appoint R. S. Montgomery to be executor of this will and testament in witness whereof I do hereto set my han [sic] and seal this day. 1876
witness

PS
I change the above as to the third article — which I order to be divided among the [sic] all the heirs above mentioned in the fourth article and A. N. Swinney not to recieve it. In testimony whereof I hereto set my hand and seal this 25th June 1876.

William Swinney
his X mark

W. G. Hill Jurat August 13, 1877
J.F. Fisher ” ” ” ”
R. S. Montgomery ” ” ” ”

State of Tennessee} Marshall County} County Court August Term 1877

Personallly appeared here in open court W. G. Hill and R. S. Montgomery subscribing witnesses to the foregoring will who first being duly sworn stated that they were personally acquainted with W. Swinney and that he acknowledged the same to be his last will and testament the day it bears date. Witness my hand at office, this 13th day of August 1877.
W. P. Bullock, clk

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Marshall County Will Book C, pages 376-378

Victoria Swinney’s Will (1883)

Know all men by these presents that I Victoria Swinney being of sound mind and fully competent to dispose of my property, and knowing the uncertainty of life, and wishing to provide for the future of my daughter N. A. V. Swinney I make this my last will. Whereas my daughter N.A. V. Swinney is not competent to manage her own affairs, I hereby appoint my nephew E. J. Willis my agent who shall upon my decease take my daughter N. A. V. Swinney to his house, and furnish her with food, clothing, lodging and protection during all her natural life. And if the said E. J. Willis should die before my daughter N. A. V. Swinney the wife of E. J. Willis if living shall care for my daughter N. A. V. Swinney, upon the same terms I shall designate for E. J. Willis. Also if E. J. Willis & wife both die before my daughter N. A. V. Swinney the children of E. J. Willis shall care for the said N. A. V. Swinney upon the same terms. I further provide that my nephew E. J. Willis shall upon my decease have my house and land which is in Cornersville Marshall Co. Tenn where I am now living and the same shall be his own property. He shall also pay all my debts and burial expenses. I furthermore give to my nephew E. J. Willis all my personal property household & kitchen furniture exept my musical organ, one bed and bed clothing, and my dresser which I give to my grand-daughter Lela Stegall. But the said E. J. Willis shall take the organ, bed & bed clothing and Dresser into his care until my grand-daughter Lela Stegall shall have attained the age of 16 years or shall have married at which time my grand-daughter shall take them unto her own possession. The said E. J. Willis shall also pay to the said Lela Stegall two hundred dollars when she is married or when she is 21 years old. But if the said Lela Stegall dies before she is married and before she shall attain the age of 21 years the said E. J. Willis shall not pay the two hundred dollars to any one claiming to be heirs to the said Lela Stegall. I give my daughter N. A. V. Swinney my farm which contains about one hundred and twenty seven acres and lies in the 6th civil district of Marshall Co. Tenn. and about two miles South East of Farmington and said land is to remain N. A. V. Swinney’s during her natural life. But no deed which she may execute or contract she may make shall be valid. But the said E. J. Willis shall have all the proceeds of said farm during the life of the said N. A. V. Swinney and at the death of N. A. V. Swinney the said farm shall belong to the said E. J. Willis heirs or asignees forever. I claim to be lawfully seized & possessed of all the aforesaid property and have a right to dispose of the same. In witness whereof I subscribe my name.

Victoria Swinney

This May 17th in the year of our Lord nineteen hundred.
Witness
J.J. Collins
J. Worth Rosson

State of Tennessee}
Marshall County}
This day personall appeared in open court J. J. Collins and J. Worth Rosson the two subscribing witnesses to the foregoing will of Victoria Swinney who after first being duly sworn proved the due execution of the same by the Testator upont he day and date therein named; whereupon the court ordered the same certified and the will recorded.

Witness my hand at office this January 30th, 1902.

O. H. Orr, clerk