Source: Sumner County Tennessee, Will Book Vol. 5, pages 126 - 127
page 126
I, Phoebee Ann Carter being of sound mind and disposing memory do make and publish this as my last Will and Testament, hereby revoking and making void all other Wills & Codicils by me at any time made.
Item 1. I desire all my just debts including my burial expenses, paid as soon after my death as possible.
Item 2. It is my will and desire that my daughter Elizabeth F. Carter have one half of my entire estate both real and personal and I hereby give to my said daughter Elizabeth F. one half of all the real estate that I may die seized and possessed of, and also give and bequeath to her one half of my personal estate, of every kind and description and all of said property is given said daughter Elizabeth F. to her sole and separate use.
Item 3. The remainder of my estate both real and personal I give to my son Jno. H. Carter and to my grand children Willie C. Crouch, Lizzie Branham and John Mabry Branham, the said one half of my estate. I give to them in the following way and manner, my son Jno. H. Carter to have one third of one half, Willie C. Crouch to have one third of one half and Lizzie & John M. Branham, between them to have one third of the said one half interest.
Item 4. It is my will and desire that my husband John T. Carter act as my Executor, and as I have the utmost confidence in his honesty and integrity, I desire that he act as such Executor without bond or security. And as my real estate is encumbered by two mortgages now in view of this fact, I hereby authorize and direct my Executor to sell said real estate in order to pay off said indebtedness and invest the balance of the funds in other real estate. And he is authorized and empowered and directed to make a deed to the purchases of said real estate. And is to manage and control the same as he may think best and sell said land at such times as he may think best and to the interest of all parties and is as before indicated, to reinvest said funds in other real estate, and in this he is to use his own judgment, and the land thus purchased when it is done [pg 127] is to belong, one half to my daughter Elizabeth F. and the other one half to be the property of my son Jno. H. and my grand children Willie Crouch to have one full share in said one half and Lizzie & Jno. M. Branham Jointly, to have one share in said one half interest.
Knowing that my said executor will use his best judgment and act for and in the interest of all parties, I direct that he sell my real estate to pay off the encumbrances at such a time and upon such terms as he may deem best or my said executor may if he thinks best sell enough of the real estate to pay off said indebtedness retaining the balance of the land for my children and grand children as herein before indicated, and in said sale or sales my said Executor is to make and execute deeds but as to the times of said sale & when & how and upon what terms it should be made is left entirely to my said Executor.
Witness my hand, this 19th June 1896.
Ph. Carter.
Signed and published in our presence and we sign the same at the request of the Testator and in
her presence and in the presence of each other.
John W. Turner
W. C. Dismukes
State of Tennessee
Sumner County Court August Term August 24th 1896.
A paper writing purporting to be the last Will and Testament of Mrs. Phoebe(e) Ann Carter
dec'd was this day produced in open Court for probate when the same was this day duly proven
by the oaths of John W. Turner and W. C. Dismukes subscribing witnesses thereto when the
same was ordered recorded as said last Will and Testament of Mrs. Phoebee Ann Carter
dec'd.
A true copy.
Harris Brown
Clerk