Source: Sumner County Tennessee, Will Book Vol. 4, pages 360 - 377

I, James C. McFerran being of sound mind and memory do make and publish this my last will and testament hereby revoking and annulling all wills, codicils and testamentary -- writings by me heretofore at any time made.

Item 1st. I direct that all my just debts and funeral expenses be paid.

Item 2nd. I give and bequeath to my beloved wife Elizabeth P. McFerran the sum of Twenty Thousand ($20,000) Dollars which my executor shall raise and pay over to her as soon as the same can conveniently be done. In addition to said sum of $20,000 I give and bequeath to my wife all my household and kitchen furniture of every kind, my carriage horses carriage and buggy.

My son John B.? McFerran has in his hands at the time of this writing certain notes belonging to me and amounting (principal) to some eleven or twelve thousand dollars or there about and these notes or the proceeds thereof (if then in his hands) I wish to be used at my death as going to make up in part the said bequeath of $20,000. in this item of my will mentioned but not at any greater estimate or charge or valuation than their real value or the cash realized from them. There are some cattle, milk cows, and other articles of property on the? farm that belong to my wife and which I have always recognized as hers.? She is to point out these and they are not to be claimed as against her by my estate?. And to prevent any question I formally [pg. 361] bequeath to her all and every right I have in the same. The bequests to my wife in this item mentioned I do declare to be a first charge upon my estate.

This provision for my wife I make with the strict injunction that she is to use in such manner as she may see fit, for her support and maintanance [sic] in ease and comfort, all or any part of the principal or income or both. I give her full power to use up expend and consume the whole or any part there of in such manner and to such extent as in her judgement may conduce to her comfort and pleasure. She is not to be accountable or responsible to anyone for any expenditure of principal increase or income, nor for any sale or disposition of any of the hereinbefore mentioned personalty.

But whatever of said bequest or of money or property representing it or any part thereof may remain unsold or unconsumed shall at the death of my wife be divided into four (4) equal parts whereof one shall go to my son John B. Mcferran, another to my daughter Catherine to be held by her trustee upon the trusts hereinafter in the 9th item of this will set forth: another part to the descendants of my deceased daughter Margaret Bagby to be held by a trustee upon the trusts hereinafter in the 8th item of this will declared and the remainding part to be held for the benefit of my son James C. McFerran, Jr. and his children by their trustee upon the trusts limitation powers and discretions hereinafter in the 11th item hereof declared. [pg 362]

Item 3rd. I have heretofore made advancements to my children-viz: to my son John B. McFerran, Ten Thousand ($10,000.00) Dollars; to my deceased daughter Margaret Bagby Ten Thousand ($10,000.00) Dollars, to my daughter Catherine Davis wife of Joseph W. Davis Five Thousand ($5,000.00) Dollars and to my son James C. McFerran Fifteen Hundred ($1,500.00) Dollars.

These advancements are to be taken into account in the division of my estate the descendants of my daughter Margaret Bagby and the trust estate left for their benefit being charged with the $10,000.00 advanced here the portion for my daughter Catherine? benefit in trust bring charged with the $5,000.00 given her, and the trust estate for the benefit of my son James and his children herein provided for being received.

I have been giving James the Annual sum of $480, which would be equal to the interest on $8,000, which last sum I thought of giving him by way of advancement. I have only given him the $1,500.00.above stated. The annual sum of $480. has been a pure gift. It was by way of letting him have something to put him on the same ground as his brothers and sisters who were enjoying income from advancements. No interest is to be computed on advancements.

Item 4th. I direct that the sum of Six Thousands Five Hundred ($6,500.00) Dollars be paid over to John B. McFerran to be by him held as Trustee, with all the powers, duty and discretions hereinafter in the eleven item hereof set forth. This sum being that portion of my heretofore intended advance of $8000.00 which has not been paid to my son James shall be charged (as though it were an advancement as in the 3rd. item mentioned) against the provision herein made in trust for the benefit of my son James and his children.

Item 5th. By way of special devise I do give and devise unto John B. McFerran as Trustee my farm of about 200 acres in Barren County Kentucky near Glasgow, the place where my father lived. Said trustee shall hold the same for the benefit of my son James C. McFerran, Jr. and his children upon the trusts conditions and limitations hereinafter in the 11th. item hereof set forth and declared.

Item 6th. My Executor shall set apart and deliver to each of my grandsons and great grandsons a colt, filly, or pony or the value of one in money, as a memento from me. This to be done next after my wifes provision is cared for.

Item 7th. I will and direct that all my estate not otherwise disposed of by this will shall be divided one fourth to my son John B. McFerran; one fourth to the benefit of my daughter Catherine Davis and in trust as in the 9th. item hereof set forth, one fourth to the benefit of my daughter Margaret Bagby's descendants, and in trust as in the 8th. item hereof set forth, and one fourth for the benefit of my son James C. McFerran and his children to be held in trust and on the limitations as in item 11th. hereof set forth. In making such division the [pg. 364] advancements above mentioned are to be charged as also the $6500.00 in the 4th. item set forth.

Item 8th. That portion of my estate which under any the provisions of this will is to go to or (word looks like "imare/imure,"sorry) to the benefit of the descendants of my daughter Margaret Bagby shall be held and managed in trust by my son John B. McFerran as Trustee until the youngest child of my said daughter Margaret shall reach the age of Twenty one years, and then be divided with its accumulations of any among the then surviving children of said Margaret and the descendants of any of my deceased child to take the share which such child if living would take.

And I give to John B. McFerran as Trustee full and ample right power and authority of management control investments, change of investment, sale, conveyance and other dominion over such trust estate, and absolute him from giving any bond or security as such Trustee. I enjoin on him as a sacred trust and duty not to refuse this burden nor to resign it. But should he die resign or become unable to act. I give him power to nominate his successor as trustee with like power as herein are on him conferred or with such lesser and restricted power as he may think it prudent to give. Such appointment he may make by deed or will or paper in the nature of a testamentary writing. I would wish this trust funds increased by accumulations as far as the [pg. 365] trustee can in his judgement do so, so as to give something of value to the children on the division. If the children of Margaret Bagby do not reach the age of 21 years but die minors and children so as to entinguish(sic)(extinguish) her blood before the youngest comes of age then all that they or any of them might otherwise take under the provisions of this will shall go to my right heirs.

Item 9th. That portion of my estate which under the provisions of this will is to go for the benefit of my daughter Catherine Davis shall be held by my son John B. McFerran as Trustee for her sole and separate use and benefit, during her natural life with remainder to her bodily heirs and, with power in said Trustee the said Catherine and her husband concurring and uniting to change investments from time to time and for that purpose to make sales and conveyance, said trustee may confide the management of said trust estate to the husband of my daughter, if he desire it.

If my daughter Catherine leave no issue of her body surviving her, then that portion of my estate which falls to her shall under this will shall be divided equally among my son John B. McFerran or his descendants the trust estate for the benefit of my son James and his children as herein elsewhere raised and limited and the trust estate for the benefit of Margaret Bagby's children as herein elsewhere raised and limited. An advancement to my daughter Catherine (other than [pg. 366] the $5,000.00 herein before mentioned ) has been cancelled by arrangements between me and the husband of Catherine and Catherine. I mention the fact to prevent any misunderstanding or question arising after my death.

As to the $5,000.00 charged as an advancement against my daughter Catherine, I think it would be best that it be settled as her separate estate, and I request her husband to do so. I do not distrust his care or integrity but I provide a separate estate for my daughter as a precaution for her and him. It is for him to decide as to the $5,000.00.

Item 10th. In dividing my estate I direct that the tract of about 245 acres of land purchased from John T. Bate and situated in the(the marked out) Jefferson County Kentucky shall be included in the portion for the benefit of my son James C. McFerran, Jr. and his children. In making division said tract of land and improvements shall be estimated at Thirty Three Thousand (33,000.00) Dollars and if my estate be large enough to make the portion to or for the benefit of my children exceed $33,000.00 each said tract of land shall be so charged. But if such portions do not amount to $33,000.00 each nevertheless said Bate tract shall go into the share designed to be held in trust for the benefit of my son James C. McFerran, Jr. and his children as elsewhere declared and without any charge for equalization.

Item 11th. All that portion of my estate which I have designated as designed for the benefit of my son James C. McFerran, Jr. and his children [pg. 367] that is to say the special devise of the Barren County land the cash $6500.00 in the 4th. item mentioned the one fourth (1/4) portion of my estate general and the one fourth part of any residue of his Mothers devise remaining unused at her death and all rights which would accrue to my son James or his children by reason of the dying out of any takers or taker of any devise or bequest under this will. I do hereby give and bequeath to and vest in my son John B. McFerran as Trustee to have and to hold upon the following trusts confidences and limitations to wit: He shall manage the lands in person or by agent, and shall invest the moneys of the Trust.

He may in his discretion pay out the income to James C. McFerran, Jr. or to the children of James C. McFerran, Jr. or in such ways or to such persons and in such sums as in his own judgement may be best for them or he may if he think it best invest any part of the income so as to increase the fund.

He shall not be compelled to pay any part of said trust estate or its income or increase to said James C. McFerran, Jr. or any child of his but shall see that they do not suffer want. He may employ James C. McFerran, Jr. in and about the management of said trust estate and so long as James C. McFerran, Jr. is alive he shall settle only with him and any settlement or acquaintances made by James C. McFerran, Jr. with said trustee shall be final and binding upon every [pg. 368] one interested in said trust. If James C. McFerran, Jr. be employed about the trust estate the trustee may pay him the entire income if he chooses but shall not be compellable so to do. He shall not pay out any part of said trust estate or its income to the wife or widow of James C. McFerran, Jr. He may in his own discretion pay out the entire income or any part thereof to James C. McFerran, Jr. upon his own receipt but shall not be compelled so to do. He may in his own discretion at any time pay over any or all of any portion of money of the trust whether principal, accumulations income invested or uninvested to James C. McFerran, Jr. but shall not be compelled so to do. He may lease or sell any real estate of the trust in his discretion provided James C. McFerran, Jr. concur and unite but he shall not be compelled so to do. My object being to decure said portion of my estate to my own blood. I have named my son John B. McFerran as trustee and give him the powers aforesaid. I have vested in him the largest and uncontrollable discretion and I insist that by discretion I mean his own uncontrolled notion and conclusion of what he thinks best. This is all done after consultation with my son James C. McFerran, Jr. and his full approval. I do not reflect upon him in the least by this arrangement. I have confidence in his integrity industry and economy and this trust [pg. 369] arrangement is for the best as I think and as he agrees with me.

There are imperative reasons why I feel it necessary to so dispose of such part of my estate and they affect only myself and my family. If my son John B. McFerran by death inability or refusal to act cease to be trustee of and for the trust in this item mentioned then a new trustee shall be appointed who shall have and exercise all the powers and discretions herein accorded to John B. McFerran and James C. McFerran, Jr. If either be dead or one incapacitated to sign. The survivor or one capacitated may make such appointment. It both be dead or incapacitated then such appointment shall be made in writing by my daughter Catherine Davis. If my son James C. McFerran, Jr. die leaving children surviving him. The trust estate as exists at the time of his death subject to the discretion in the trustee to make advancements to such child or children until the youngest reaches the age of twenty one years when it shall be equally divided to the then survivors and the surviving children of anyone then dead, such children to take the share which their parent would have taken has such parent survived. And should the said James C. McFerran, Jr. die leaving no issue surviving him then the trust property as then existing shall be paid over to and divided among my right heirs according to the laws of Kentucky [pg. 370] regulating descents and distribution. The said trust estate shall not nor shall any increase, reinvestment or income thereof be liable for or subject to any debt obligation or liability of my son James C. McFerran, Jr. or any his issue. And the trusts powers and discretions are declared to be personally conferred and confided to John B. McFerran and his successor or successors (if any) nominated and appointed as herein before provided for.

Item 12th. Whatever of my estate shall at any time under the provisions of this will or by lapsing of any of the devises herein go to or vest in or be held for the benefit of any female, shall be held and treated as her sole and separate estate or property, if such female, subject in all cases to the trusts and limitations thereto applicable under the provisions of this will.

Item 13th. My registered cattle shall be divided in kind upon valuation if in the opinion of my executor it be practicable and best.

Item 14th. For the purpose of winding up my estate and of carrying into effect the provisions of this will I do nominate and appoint my son John B. McFerran as the Executor of this my last will. I direct that no bond or security be required of him as executor. I vest him as executor with full title to all the estate not otherwise devised or bequeathed and empower him to make sales and comveyances of real estate. [Pg. 371] In dividing the estate he may make division in kind after fair appraisement and valuation or by sale and division of proceeds.

Item 15th. I direct and enjoin that no bond or security of any kind be demanded or exacted of John B. McFerran as Trustee of or for and of the trusts in this will declared. And any successor in such trust or trusts who may be appointed trustee pursuant to the direction of this will and in accordance with the methods, hereinbefore prescribed shall be absolved from executing any bond or giving any security.

In witness of all which I have hereto subscribed my hand and deal this 18th. day of March 1885 at Louisville, Kentucky

(signed) James C. McFerran
The above and forgoing instrument of writing was this day signed sealed and published by James C. McFerran as his last will and testament in the presence of us and of each of us, and by us attested with our signatures at his request in the presence of him and of each other at Louisville Kentucky this 18th. day of March 1885.
George R. Lochre
W. N. Caldwell
John Mason Brown

CODICIL

I make and publish this codicil modifying my forgoing will. By arrangement, a farm has been bergained for with [pg. 372] one Shaffer in Sumner County Tennessee, the title to be in my son (John written over to make James) James C. McFerran.

It is my expectation to make the cash payment ($6275. ) and to pay certain charge attending his removal to it and examinations of title & These and without particulars, the said payment ($6275.) shall be and are declared to be in full and cancellation of the $6500. in my will mentioned as being the remaining unpaid part of intended advancement to my son James and the benefit of him and his children in trust.

That provision for $6500. I hereby revoke and annul, the payment of the cash on Tennessee farm being in lieu of it. It is also likely that I will pay the deferred payments on said Tennessee farm, being my son James two notes each for $6275.00 with interest they being secured by vendors lien. If I pay them or any part of them or either, or they or either be paid by my executor (which I hereby give my executor authority to do if he choose) then the amount so paid with interest is to be charged against the trust estate and property in my will devised for the benefit of my son James and his children diminishing by such amount the amount of the trust estate. The amount so deducted from said trust estate to go in increase of my general residuary estate and pass as by will is directed. I reaffirm and republish my said will thus modified.

Witness my hand and seal at Louisville Kentucky [pg. 373] this 1st. August 1885.
(signed) J. C. McFerran Sr.
Subscribed and published as a codicil to his will this 1st. August 1885 by James C. McFerrasn in the presence of us and each of us and by us attested at his request in his presence and in the presence of each other this 1st. August 1885.
(signed) R. J. Menefee?
John Mason Brown

I make and publish this additional codicil to my will. The title to the land in Sumner County Tennessee is now in me by conveyance from my son James. It may go to form part of the trust estate for the benefit of James and his children if James wish.

In that event the cash payment already made equalizes advancements and the deferred payments made by me or my executor are to relieve the trust estate otherwise provided for being charged against the trust so as not to give it that advantage over my other devises. If James do not wish the Tennessee land in his trust it will then be part of my estate under my will, the $6500. for advancement to be raised and put in the trust as in my will directed as though the Tennessee land had never been bought. My son John B. McFerran as Executor or Trustee may employ the Fidelity Trust and Safety Vault Company as agent for the care and business management of any the [pg. 374] (repeat) the estate or trust property and agree compensation to be paid out of the estate general or trust so managed. But the powers discretions limitations successions of Trustees and other conditions in my will set forth are to remain in the devises thereof as fully as though no codicil were made with these modifications I republish and reaffirm my will and former codicil.

Witness my hand and seal this 2nd. September 1885.
(signed) J. C. McFerran
Signed sealed and published by James C. McFerran in the presence of us and each of us and by us at his request now attested in his presence and in the presence of each other this 2nd. Sept 1885.
John Mason Brown
W. H. Blankudaker

State of Kentucky,
At a County Court held for Jefferson County at the Court House in the city of Louisville on the 2nd day of November 1885 the foregoing instrument of writing purporting to be the last will and testament and codicils of James C. McFerran dec'd, late of this county was produced in Court and said will was proven by the oaths of John Mason Brown and George R. Lochre, two of the subscribing witnesses thereto who also proved the attestation of W. N. [pg. 375] Caldwell the other subscribing witness thereto, and said first codicil thereto attached was proven by the oath of John Mason Brown one of the subscribing witnesses thereto, who also proved the attestation of R. J. Menefee? the other subscribing witness thereto and said second and last codicil thereto attached was proven by the oaths of John Mason Brown and W. H. Blankenbaker the subscribing witnesses thereto where upon the same was established by the Court to be the last will (repeat) will and testament and codicils of said Testator and ordered to be recorded and is recorded in my office as Clerk of said Court.
Attest Geo. H. Webb Clerk

State of Kentucky
Jefferson County
I Geo. H. Webb Clerk of the County Court within and for the County and State aforesaid do certifiy that the foregoing twenty pages contain a true correct and complete copy of the last will and testament of J. C. McFerran Sr. together with the certificate of probate and record thereto attached said will is recorded in Will Book No 13 pages 33&c
Jeff. Co. Ct. Clks office
In witness whereof I hereunto set my hand and affixed my official
seal at office in Louisville Ky. this 7th day of Sept. 1886
Geo. H. Webb Clerk
Jeff. Co. Ct. Ky.

State of Kentucky
Jefferson County
I Wm. B. Hoke Sole and presiding Judge of the County Court within and for the County and State aforesaid do Certify that Geo. H. Webb whose genuine signature is attached to the foregoing certificate is now and was at the time of signing the same, Clerk of said Court, duly elected and qualified and that all of his official acts as such are entitled to full faith and credit and that his foregoing attestation is in due form of law.

Given under my hand at the City of Louisville Kentucky this 7th day of sept. 1886.

W. B. Hoke Judge
Jefferson County Court

State of Kentucky
Jefferson County
I Geo. H. Webb Clerk of the County Court within and for County and State aforesaid do certify that W. B. Hoke whose genuine signature appears to the foregoing certificate is now and was at the time of signing the same Sole and Presiding Judge of said Court, duly elected, commissioned and qualified and that all of his official acts as such are entitled to full faith and credit.

Witness my hand and official seal [pg. 377] at office in Louisville Ky. this 7th day of Sept 1886.
Geo. H. Webb Clerk < SEAL >
Jeff. Co. Ct Ky.

State of Tennessee
Sumner County
A Copy of the last will and testament of James C. McFerran, dec'd, duly authenticated from the State of Kentucky where the testator resided and died and where the original was proven and recorded was this day produced in opend (sic) court which the Court ordered to be filed and recorded.

Witness my hand at office this September 13th 1886.

Harris Brown Clerk

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