Source: Sumner County Tennessee, Will Book Vol. 4
Vol. 4, pages 170 & 171 are missing.
Page 172 Starts with the following.
This day comes the parties by their attorneys and jury of good and lawful men to wit; A. Moore, Granville Kirkham, N.H. Stone, F.G. Woodard, R.B. Durham, John Henley, L.T. White, John S. Baber, E.H.C. Sarver, O.H. Foster, Thomas Henley, and M.J. Hassell, who being elected and empannelled (sic), Sworn and charged well and truly to try the issue joined between the parties upon their oaths do say that the paper writing dated 22nd day of Feby. 1875, Signed by John L. Swaney and witnessed by R.H. Baskerville, Richard Alexander, and W.R. Anglea, and in which A.J. Swaney is appointed executor is the last will and testament of John L. Swaney. It is therefore considered by the Court that said paper writing is the last will and testament of John L. Swaney Dec'd and that the same together with a certified copy of this judgment be certified to the County Court of Sumner County to the end that the same be recorded. The Executor A.J. Swaney will out of the estate pay all the costs in this cause except the cost herefore adjudged for which execution will issue.
State of Tennessee -- Sumner County
I Thomas H. King Clerk of the Circuit Court for said County, do hereby certify that the foregoing is a full, true, and perfect copy of the judgment rendered by said Court at its Feby. Term 1878 in the case of A.J. Swaney Exe. et als vs C.H. Carney and John A. Carney et als as the same appears of record in my office.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Gallatin this the 4th day of March 1878
(signed) Thomas H. King Clerk
(pg 173) In the name of God Amen.
I John L. Swaney of the County of Sumner and State of Tennessee being in a bad state of health, but of sound and disposing mind and memory and knowing that God has appointed for men once to die do make this my last will and testament hereby revoking any other will or wills heretofore made by me in manner following viz
1st Item I give and bequeath to my Daughter Elizabeth one dollar and no more of my estate.
2nd Item I give and bequeath to my Daughter Caroline one dollar and no more of my estate.
3rd Item I give and bequeath to my Daughter Mary one dollar and no more of my estate.
4th Item I give and bequeath to my Grand son John Carney one dollar and no more of my estate.
5th Item I give and bequeath to my Daughters Patsey and Maria the home place and the Amie? Harris place to be equally divided between them and no more of my estate.
6th Item I give and bequeath to my son A.J. Swaney the lick place together with the buildings on it and the Malone place and my stock in the Bledsoe's Creek Turnpike company also my stock in the Louisville and Nashville Rail Road company.
7th Item I give and bequeath to my son B.P. Swaney the Moore place and no more of my estate.
8th Item I give and bequeath to my son Charles Swaney one dollar and no more of my estate.
9th Item I give and bequeath to my son A.J. Swaney the Burdine? place to pay for settling the estate and if there is anything left after settling the estate he is to have it.
19th Item I leave Pollie the ten acres of land which I bought of Billie Malone at the same time I bought the home place from him and that my son A.J. Swaney see that she is not imposed on (pg174) in any way.She has not the power to sell or dispose of it without the consent of A.J. Swaney.
11th Item I give and bequeath to my Daughters Patsy and Maria all of the household furniture made by my wife Annie and myself.
12th Item I give and bequeath to my Grand Daughter Fannie Swaney all the household furniture made by myself and Nancy my wife.
13th Item I give and bequeath to my Grand Daughter Ora Hamill? one half of all my personal property may sell for.
14th Item I give and bequeath to my Grand Daughter Fan__? Swaney one half of what all my personal property may sell for.
15th Item And I appoint A.J. Swaney my executor without giving any security for the execution of this my last will and testament.
In testimony whereof I have hereunto set my hand and affixed my seal this 22nd day of February 1875
(signed) J. L. Swaney
Signed Sealed & acknowledged
in presence of us
R. H. Baskerville
Richard Alexander
W. R. Anglea
Copy Test (signed) O. H. Foster Clerk