Source: Sumner County Tennessee, Will Book Vol. 4, pages 431 - 433
I Henry Smith do make and publish this as my last Will and Testament, hereby revoking all wills heretofore made by me.
Item 1st. I give to my sister Jane E. Wherry in fee the tract of land in Sumner County whereon she now lives, containing about 530 acres, which I gave her some years ago, but never made her any title to it. I also give my said sister Jane E. Wherry a tract of land containing 130 acres more or less, which I bought from (blank space) Davis and which joins the 530 acres above named.
Item 2nd. I give to A. B. Murray, Rufus Murray, Anna Murray, George Murray, Wm. Murray and Armfield Murray the six children of my niece Mary Murray - the tract of land in Sumner County containing 45 acres which was lately surveyed by A. B. Murray and is on the East side of the land now owned by said Murrays, I also give to each one of said six children of Mary Murray the sum of One Thousand Dollars.
Item 3rd. I give one thousand dollars to Mary Dunn, to her sole and separate use. I give one thousand dollars to Sally Dunn to her sole and separate use, and I give one thousand dollars to Harry Dunn. The said Mary, Sally and Harry Dunn are children of my niece Margarett Dunn.
Item 4th. I give to my nephew Harry Wherry, five hundred dollars which is to be paid by his receiving a credit for that amount on a note that I hold on said Harry Wherry and (blank space) Willis.
Item 5th. I give to my nephew Samuel Bugg (pg 432) One thousand dollars.
Item 6th. I give to my daughter Mrs. Nannie Berry to her sole and separate use, all the remainder of my personal estate.
Item 7th. I give to my daughter Nannie Berry and her husband, Horatio Berry during their joint and several lives, all the remainder of my real estate where ever situated with remainder oner to the children of my daughter Nannie Berry, and if one of said children should die before the termination of the life estate, leaving children, then said children shall represent and take the share that their deceased parents would have taken, if alive. The said remainder estate to take effect upon the death of Mrs. Nannie Berry and Horatio Berry, as the longest liver of these two will hold during his or her life.
Item 8th. I nominate and appoint J. A. Trousdale, B. F. Allen and Horatio Berry as Executors of this my will, and I direct that they shall not be required to give bond and security as Executors.
The words "upon the death " in item 7 and in line 17 were written and interlined before I signed this will, so also were the words, "five hundred " in item 4 on lines 29 and 30 written before my signing this will. This the 29th. day of November 1887.
Henry Smith
Witnesses,
B. F. Allen
J. A. Trousdale
Andy Ross
[pg 433]
State of Tennessee
Sumner County Court July Term 1888.
A paper writing supporting to be the last will and testament of Henry Smith, deceased was this day produced in open Court for probate when it was duly proven by the oaths of J. A. Trousdale and B. F. Allen subscribing witnesses thereto, when the same is received by the Court and ordered recorded as said Will and Testament; and J. A. Trousdale, Horatio Berry and B. F. Allen being named in the said Will as the Executors thereof and being excused by the said Will from giving bond as such, appeared in open Court and accepted the same, when they were duly qualified as said Executors and Letters Testamentary ordered issued to them.
Copy Test
Harris Brown Clerk