Source: Sumner County Tennessee, Will Book Vol. 5, pages 140 - 145
page 140
I, Isaac N. Guthrie Senior, of the County of Sumner, State of Tennessee, being of sound mind and disposing memory do hereby make and publish this as my last will and testament, hereby revoking and making void any other will by me at any time heretofore made.
First; I will and direct that my funeral expenses and all my just and lawful debts be paid as soon after my death as practicable out of any moniys (sic) that I may die possessed, or that may first come into the hands of my executors.
Second; I will and direct that my executors shall as soon as practicable after my death and their qualification, sell the tract or parcel of land purchased by me from Mrs. Louisa Saffarans, and bounded North by the Louisville & Nashville Railroad, East by Jno. B. Alexander, South by the Nashville turnpike road and West by J. B. Brown, and they are authorized and empowered to sell the same publicly or privately, and to make deed to purchaser.
Third; I will and bequeath to my daughter Mary B. Guthrie, the twenty five (25) shares of the Capital stock of the First National Bank of Gallatin Tenn. now owned by me, which I value at $2500. and I give and bequeath to the said Mary B. Guthrie, one thousand dollars in money, to be paid to her by my executors out of the first moneys coming into their hands from my estate. It is my intention and my will to give to the said Mary B. Guthrie thirty five hundred dollars, and that she shall not be charged with, or made to account for the extra five hundred dollars which she is given in excess of what I have given to my other children. If said bank stock herein bequeathed to the said Mary B. Guthrie is not worth as much as $2500. cash on the market at the date the distribution of my estate, then I will and direct that the difference in the market value of said bank stock at that time and $2500.00 shall be made good to my daughter Mary B. Guthrie out of the balance of my estate, but if said bank stock should be worth more than $2500.00 the said Mary B. is to take and have [pg 141]it at $2500.00 and no more. The property herein bequeath to the said Mary B. Guthrie is given to her, to her sole and separate use. I make this difference of $500.00 in her favor because she is my youngest child, and the others have had the use and benefit of the sums given to them while nothing has been given to her.
Fourth; As I have heretofore given to my children James W. Guthrie, Isaac N. Guthrie Jr., Nathan L. Guthrie, Henry C. Guthrie, George N. Guthrie, Mrs. Elizabeth C. Livar and Mrs.Emma L. Scott, the sum of three thousand dollars each in cash and in real and personal property, as shown by my book of advancements; and as I have give to my sons Frank C. Guthrie the amount of twenty seven hundred dollars in cash and real and personal property; and to William M. Guthrie eight hundred and eighty five dollars with which said sums said sons and daughters are to be charged respectively in the distribution of the remainder of my estate as advancements, I therefore will and direct that the said James W. Guthrie, Isaac N. Guthrie Jr., Nathan L. Guthrie, Henry C. Guthrie, Geo. N. Guthrie, Mrs. Elizabeth G. Livar and Mrs. Emma L. Scott shall receive no more of my estate, or the remainder of my estate after the debts and the legacy herein bequeathed to my daughter Mary B. Guthrie are paid, till after the said Frank C. Guthrie and William M. Guthrie are made equal with them out of said residue or remainder of my estate and I do give and bequeath unto the said Frank C. Guthrie and William M. Guthrie each respectively, out of the balance of my estate after the payment of debts and the legacy to Mary B. Guther as herein provided for, a sum sufficient to make with that which may heretofore have been given to them the sum of three thousand dollars each. If I should give off any portion of my estate to any of my children before my death, and charge the same on my book of advancements such sum, or sums must be charged to and accounted for as an advancement by such child, or children, respectively, in the distribution of my estate. No interest is to be charged [pg 142]on any advancements I have made, or may make to any of my children until twelve months from the date of my death. If I should pay or if my estate after my death shall pay any debt for any of my children for which I am responsible as security or otherwise, said amounts of said debts so paid shall be charged to and accounted for by the child or children for whom such debt is paid, out of his or her portion of my estate. If my daughter Mrs. Elizabeth G. Livar should recover a judgement, or decree against me in her suit now pending in the Chancery Court of Sumner County Tennessee, then her share or portion in my estate shall be charged with and reduced to the extent of such recovery which I, or my estate may have to pay. I make this provision because I do not owe her anything, but if by reason of my misfortune in losing my papers and inability to establish my defense by lapse of time, she should recover in said suit against me, or my estate, I think it just and proper that my other children should not suffer thereby.
Fifth; I will and bequeath the remainder of my estate after paying my debts and the special bequests herein made and the equalization of my sons, Frank C. and William M. with the other children to whom I have given $3000. as herein before stated, equally to my ten children as follows, Jas W., Isaac N. Jr., Nathan L., Henry C., George N., Lizzie G. Livar, Emma L. Scott, Frank C., William M. and Mary B. Guthrie share and share alike: but I will and bequeath the share or portion herein named as going to my son Geo. N. Guthrie, to his wife, Ellen Guthrie, to her sole and separate use; and the share or portion herein bequeath to Mrs. Lizzie G. Livar is given to her subject to the charge against the same and the reduction of same as named in the fourth clause or item of this will.
The property bequeathed to my daughter is given to each of them, severally to their sole and separate use respectively, free from the debts, or contracts of their present or any future husbands.
Sixth; I do hereby nominate, constitute and appoint my sons, [pg 143] Isaac N. Guthrie Jr. and George N. Guthrie executors of this my last will and testament.
Seventh; I hereby nominate and appoint my Grand son John Livar and son of Mrs. Lizzie G. Livar, Trustee for his mother Lizzie G. Livar of the property herein bequeathed to her; and I will and direct that the same be paid over to him as such Trustee to be used, held, managed and controlled for the sole use and benefit of his mother, the said Lizzie G. Livar.
In testimony whereof I have here unto signed my name, this the 12th day of April 1892.
Interlineations and erasures were made before signing.
Isaac N. Guthrie
This is to state that we were required to witness the above paper by I. N. Guthrie Sr. whose
signature was signed thereto before we signed our names and that we did witness the same at his
request and in his presence as his last will and testament.
This April 12th 1892.
Wm. Hall
D. F. Barry
Codicil:
Since writing the above, my son, Isaac N. Guthrie Jr. having removed to the State of Texas, I
hereby alter the sixth clause of my will so as to nominate, constitute and appoint my son Frank
Guthrie one of my executors in the place of the said Isaac N. Guthrie Jr. whose appointment as
executor is hereby revoked.
I further desire, will and direct, that if any of the parties to whom I have made bequests in my foregoing will of real or personal property, property or estate of any kind, contest, or attempt to break my said will, such parties shall forfeit the bequests made to them; and the shares or interests so forteited if any shall go in equal portions share and share alike to those who do not attempt to break my will. My foregoing will to which this is a codicil is in all respects declared to be and is my last will and testament.
This Dec'r 26th 1893.
Isaac N. Guthrie.
[pg 144]
We were requested by I. N. Guthrie Sr. to witness the foregoing codicil to his last will and
testament, to which his signature was attached before we witnessed the same and we did witness
his said signature at his request and in his presence, this the 26th day of Dec'r 1893.
D. F. Barry
Wm. Hall
Codicil No. 2
Since writing the foregoing will and codicil, my daughter Mrs. Emma Scott has made my house
her home, and in order that she and Mary B. Guthrie may be provided with a home. The place
mentioned in section second of the foregoing will, bought of Mrs. Saffarans shall be retained by
Emma Scott & Mary B. Guthrie free of rent for five years after my death, if they are living and so
desire, but by their agreement it may be sold earlier. After the five years it shall be sold as
provided in section second.
This March 19th 1895.
I. N. Guthrie
We were requested by I. N. Guthrie Sr. to witness the foregoing codicil to his last will and
testament to which his signature was attached before we witnessed the same and we did witness
his said signature at his request and in his presence, this 19th day of March 1895.
W. L. Oldham
H. B. Lucus.
Codicil No. 3
Since writing the foregoing will and two codicils, I have become convinced that my grand-son
John Livat is not reliable & competent to act as Trustee of his mother, therefore I hereby revoke
the seventh section of my will, and give to my daughter Lizzie G. Liver her distributive share of
my estate for her sole & separate use, to be used and managed by her as she may think best.
This the 9th day of May 1896.
I. N. Guthrie
We were requested by I. N. Guthrie Sr. to witness the foregoing codicil to his last will and
testament, to which his signature was attached before we witnessed the same [pg 145] and we did
witness his said signature at his request and in his presence this the 9th day of May 1896.
W. T. Allen
A. J. Swaney.
State of Tennessee
Sumner County Court December Term Dec. 22nd 1896.
A paper writing purporting to be the last Will and Testament of I. N. Guthrie dec'd was this
day produced in open Court for probate when the same was duly proven by the oaths of Wm.
Hall and D. F. Barry subscribing witnesses thereto. Also a Codicil to said Will was duly proven
by the oaths of Wm. Hall and D. F. Barry subscribing witnesses thereto. Also Codicil No. 2 to
said Will was duly proven by the oaths of W. L. Oldham and H. B. Lucus subscribing witnesses
thereto, and Codicil No. 3 to said Will was duly proven by the oaths of W. T. Allen and A. J.
Swaney subscribing thereto whereupon said paper writing together with the Codicils thereto was
ordered recorded as the said last Will and Testament of I. N. Guthrie deceased. And G. N.
Guthrie and Frank Guthrie being named in said Will as the executors thereof, appeared in open
Court and accepted said appointment and thereupon together with his securities N. L. Guthrie
and H. C. Guthrie and (rest of line blank, J.P.)
Entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of
Sixteen thousand dollars conditioned as the law requires, when said G. N. & F. C. Guthrie as
Executors aforesiad were duly qualified and letters testamentary ordered issued to them.
A true copy.
Harris Brown
Clerk