Theophilus O. Wall Will (1938)
contributed by Ann Wall, July, 1999 (transcribed as written)
Recorded in Marshall County, Tennessee
I T.O. Wall do this day make known this my Last Will and Testament concerning the final disposition of any and all Properties (Both Real
Estate and Personal) that I may die possessed of.
I make this will now fully understanding the import thereof and without persuassion on the part of any one and it conveys my wishes as follows,
First; I will and bequeth to my son Willie Grady Wall the farm now known as my home place. ( it being the farm purchased in 1910 from the Court Sale winding up the Josh Wall estate and contains about 111 Acres) and I value the said farm in my own estimation at $7000 and the condition of this bequeth is that my Son Willie Grady Wall execute note or settle in Cash at their discretion the Sum of $1500 as that amount will be one half the amount that this farm exceeds in value that of the one I bequeth to my other son Davy Tell and said note or payment is to go to Davy Tell Wall.
Second; I will and bequeth to my Son Davy Tell Wall the farm on which he has resided 15 years (known as the T. M. Wise home) about 50 acres and this farm is valued at $4000 and this accounts for the provision in above paragraph that Willie Grady Wall shall pay or settle with Davy Tell Wall shall pay or settle with Davy Tell Wall in the amount of $1500 to even these farms as equally divided between them.
It is a part of this bequeth regarding both above farms that they are entailed with the provision that they are willed to them and their
bodily heirs and shall not pass from their ownership during their lifetime.
Third I will and bequeth to both Willie Grady Wall and Davy Tell Wall the Old Bradford farm I now own containing about 65 acres and
this farm is not covered by the clause above as to Disposal of it etc. They make any disposition they desire of this farm.
Relative to Personal property • I will to my son Willie Grady Wall. All Kitchen and Dining Room Furniture and the large Heavy Rocker known as (my rocker)
I will and bequeth to Davy Tell Wall the Graphophone and all records and all wearing apparel that I may leave.
I will and bequeth to both Jointly all other items of personal property not mentioned consisting of Furniture Live Stock, Crops or Tools Etc. and I want them to divide them equally between them selves and not have Public Sale.
I instruct that any and all debts be paid includeing Burial Expenses with any costs neccessary to probate and carry out this will and make final disposition of all my property.
I instruct that during my illness that if one son waits on me more time than the other that the one this doing shall have pay from my Personal belongings in any amount that would be considered reasonable for such services.
I hereby appoint my Son Willie Grady Wall to serve as executor ( He to serve without pay and without Bond) and I empower him to make Deeds neccessary to convey the said lands as above enumerated and tend any and all matters as I were personally doing the same.
I sign this will being of Sound Mind and fully understanding the same as it was filled out under my personal Dictation and instruction and same was made out and signed in the presence of my two nephews who sign below as witnesses.
Signed and executed on this the First day of Nov. 1938
Signature of T.O. Wall
Testator
State of Tennessee, County of Marshall
We W. A Harris and T.E. Wall here by affix our signatures to this testifying to the fact that we were present both while the above will
was dictated and written and when the Testator affixed his signature theretoo.
W.A. Harris
Witness
T. E. Wall
Witness
State of Tennessee
Marshall County
The foregoing will was on the 2nd day of February, 1943, probated as the last will and testament of T. O. Wall, deceased, and was ordered to be recorded.
Witness my hand this Feb. 2, 1943
W. B. Hendrix
County Court Clerk
[Transcriber’s note: Theophiluis O. Wall, the son of Theophiluis and Elizabeth (Short) Wall. Theophiluis married Frances P. ????? Both are buried in the Short Cemetery.]