I John Payne do make and publish this as my last will and testament thereby revoking and making void all other wills by me at any time made.
First, I desire that my funeral expenses and all my debts be paid as soon after my death as possible and out of any moneys that I may die possessed of as may first come into the hands of my Executor.
Secondly, My will and desire is that all the remainder of my real and personal Estate be sold to the highest bidder by my Executor and equally divided between my children and any of my children being dead leaving heirs they shall be entitled to the same share that the rest of my children are entitled to as the same that their father or mother would be entitled to if they were living.
Likewise I make constitute and appoint my said son Benjamin Payne to be Executor of this my last will by me made in witness whereof I have hereunto subscribed my name and affixed my seal this the 23rd day of March in the years of our Lord one thousand eight hundred and sixty-eight.
John Payne (Seal)
Signed sealed and publish in our presence
and we have subscribed our names hereto in
the presence of the testator.
John H. Ligon
Hardy Calhoun
State of Tennessee
Smith County County Court December Term 1868, this the last Will and
Testament of John Payne was produced in open court by the
Oaths of John H. Ligon and Hardy Calhoun subscribing
Witness John T. Yettan? Clerk of said court first Monday
In December 1868.
John T. Yettan? Clerk