Source: Sumner County Tennessee, Will Book Vol. 5, pages 28 - 29
page 28
I, James M. Head, Sr. being of sound mind and understanding do make and declare this to be my last Will and Testament hereby revoking and rendering null and void all other wills by me at any time made.
Item 1., I direct that as soon after my death as practicable all my just debts and obligations shall be paid.
Item 2., It is my will and desire that all of my children, Milton E., J. Brodie, Henry O. and James
M. Head and Flora Vertree(s) and Altie Simpson shall be made equal as near as possible and
except as hereinafter provided upon the final settlement and distribution of my estate amongst
them. And to this end it is my will and desire and I hereby direct that at my death each of my said
children above named shall be charged as having received during my life time from me as an
advancement the following amounts and no more, viz:
Milton E. Head Two Thousand and five hundred dollars. Flora Vertree(s) One thousand Dollars.
Altie Simpson One Thousand Dollars. Brodie Head, Two thousand and five hundred Dollars,
Henry O. Head, One thousand Dollars and James M. Head, One Thousand Dollars. But if upon
the final distribution of my estate after the payment of my just debts it shall be found that anyone
or more of my said children shall have received from me more than their prorate share as an
advancement it is my Will and desire that those who have received more shall refund to those
who have received less such an amount as will equalize them all without charging interest against
anyone for any advancements received prior to my death.
Item 3. It is further my will and desire that as soon after my death as practicable that my Executor be and he is hereby authorized, empowered, and directed to sell public or privately my entire estate, real and personal or mixed (except the household and Kitchen furniture which may be on hand at my death none of which must be sold unless necessary for the payment of my debts) and distribute the proceeds [pg29] of the same amongst my several children, above named, or their representatives equalizing all of them as near as possible upon the basis indicated in Item Two of this will after the payment of all my just debts and obligations.
Item 4. It is further my will and desire that my daughter Flora Vertree(s) have the household and Kitchen furniture that may be on hand at my death it being intended by me that the above gift shall be in addition to her equal share in the final distribution of my estate.
Item 5. I nominate and appoint James M. Head, Jr. to be the Executor of this will, and wish him to act without bond which is expressly waived. In witness whereof I have hereto affixed my hand and seal. This 6th day of December 1890.
James M. Head, Sr.
State of Tennessee
Sumner County Court March Term March 16th 1892.
A paper writing purporting to be the last Will and Testament of James M. Head, Sr. was
this day produced in open Court for probate when William Hall, W. B. Boensch and Jesse F.
Branham personally came and being duly sworn depose and say that the handwriting of James M.
Head, Sr. is generally Known by his acquaintances and that they verily believe the paper writing
dated Dec. 6th 1890 and signed by James M. Head, Sr. and purporting to be the last Will and
Testament of James M. Head, Sr. deceased and every part of it is in the handwriting of said
James M. Head, Sr.. And James M. Head, Jr. being duly sworn deposed and said that said paper
writing was found after the death of said James M. Head, Sr. among his valuable papers in an
envelope sealed and labeled " Will of James M. Head, Sr. Dec. 6th. 1890". It is therefore ordered
that said paper writing be recorded as said last Will and Testament of James M. Head, Sr.
deceased. And James M. Head, Jr. being executor therein from giving bond as such appeared in
open Court and accepted same when he was duly qualified as said Executor thereof and Letters
Testamentary ordered issued to him.
A true copy
Harris Brown
Clerk
( Note that I added an 's' to Flora Vertree's name as the census has it spelled as such. Jim)