Source: Sumner County Tennessee, Will Book Vol. 4, pages 333-337
I, Amanda F. Bate being of sound and disposing mind and memory, do make and publish the following as my last Will and testament revoking all former Wills heretofore by me made.
Item 1. I direct that all my Just debts be paid by my Executor as soon as he can realize the funds for that purpose.
Item 2. I bequeath to my sister Malvina D. Terry two hundred dollars provided she is living at the time of my death otherwise not.
Item 3. I give and bequeath to each of the following grand children James P. Tyree, William B. Tyree, Julia Tyree, Jannie Belle Tyree. Children of my daughter Elizabeth P. Tyree, wife of E. P. Tyree, and Magie Bate, and Susie Bate, children of my son Wm B. [pg. 334] Bate, one hundred dollars.
Item 4. I give and bequeath to my former servants Mark, and Ellick, twenty five dollars each in gold, as a recognition of their faithfulness to me during the war.
Item 5. I direct that the remainder of my estate both real and personal, be divided into four equal parts, one fourth of which I desire to my son Wm B. Bate out of which I direct that he pay over to the trustee of my son James H. Bate herein after to be named, one thousand dollars less five hundred dollars and the interest thereon, which the Wm B. Bate advanced to the said James H. Bate some years since; The consideration for this direction is that many years since the said Wm B. Bate received an interest in some Texas land, by gift from my father Wm Weathhead in which the said James H. Bate has no interest. I also give and devise one fourth of the remainder of my said estate equally to my grandchildren Tyree Bate and Lizzie Bate children of my son Humph? Bate, out of this I direct that my Executor pay to the Trustee of my daughter Elizabeth P. TYree wife of E. P. Tyree (hereinafter to be named) one thousand dollars, my reason for doing this is that I have heretofore advanced and paid several thousand dollars to my deceased son Humphrey Bate, their father, and for the further reason that my son Humphrey also received an interest in said Texas land from my father Wm Weatherhead. I also give and devise to my daughter Elizabeth P. Tyree wife of E. P. Tyree one fourth of the said remainder of my estate in addition to the one thousand dollars heretofore [pg 335] mentioned as given to her out of the one fourth given to the children of my son Humphrey, all of which is for her sole and separate use, free from the debts of her present or any future husband; with power to dispose of the same by deed, will or other wise as she may think proper.
The remaining one fourth of said remaining estate, I give and devise to my son Wm B. Bate in trust for the use and benefit of my son Jas H. Bate. This trust is intended to embrace likewise the balance of the one thousand dollars given the said James H. Bate as charged upon the interest of the said Wm B. Bate. The said Wm B. Bate as Trustee will manage and control this said interest as he may deem best for the interest of the said James H. Bate, with power to dispose of it for his benefit.
Item 6. I direct that the portion of my estate heretofore given my grand daughter Lizzie Bate daughter of my son Humphrey Bate shall be for her sole and separate use and benefit; with power to dispose of the same by will deed or otherwise.
Item 7. I direct that no security be required of my son Wm B. Bate as Trustee.
Item 8. I do not wish or desire that any of my children or grand children be charged with any advancements heretofore by me made to any of them.
Item 9. I empower and desire my Executor to dispose of any or all of my estate, both real and personal, in such manner and at such times, as will best enable him to Execute this Will, with power to Execute deed or deeds to purchaser or purchasers [pg 336] of said estate.
Item 10. I prefer my homestead where I now live to be retained by some one of my children, if they can agree as to the price to be paid for the same, to the other devisees(sic). But should said Homestead be sold out of the family. I direct that the grave yard in the corner of the garden and a sufficient quantity of ground be reserved and that the tittle not to go out of the family.
Item 11. I nominate and appoint Wm S. Munday my Executor to this my last will and testament.
This 8th. day of May 1876. (signed) Amanda F. Bate
Signed and published in our presence and we,
at the request of the testatrix and in the prence
of her and each other have hereunto subscribed
our names as witnesses.
This 8th. day of May 1876.
H. H. Bate
W. R. Rogan
State of Tennessee
Sumner County Court November Term 1885 (? not sure of the last number of year, J.P.)
Upon application and it being made to appear by the oath of H. H. Bate and W. R. Rogan
subscribing
witnesses thereto, that the last Will and testament of Mrs. Amanda F. Bate was presented in this
Court, for
probate, several years since and was duly proven in open Court by their oaths in common form
and
ordered to be recorded. And it further appearing to the Court that owing to some inadvertent
over sight or
omission said proof and action of the Court was not admitted to record(not sure this is the word).
It is
therefore ordered by the Court that [pg 337] the same be entered upon the minutes and copied
upon said
Will which is now before the Court, and admitted to record. Now for then, in addition to this said
last Will and
testament of the said Amanda F. Bate was this day produced in open Court and duly proven by
the oaths of
H. H. Bate and W. R. Rogan subscribing witnesses thereto said will is ordered to be recorded.
Copy Test. (signed) O. H. Foster Clerk