WILLS





Will of William S. SCOTT

Submitted by Brenda Gartside
 
William Shank SCOTT 1807 - 1873
m. 1. Sarah LACKEY
Children:  Rufus Franklin SCOTT  1828 - 1905
                 William Carroll SCOTT  1830 - Aft. 1880
m. 2. Sarah H. JONES
Children:  George L. SCOTT  1833 - 1925
                 Paralee R. SCOTT  1838 - Aft. Aug. 1860 (m. George P. BOYD)
                 William L. SCOTT  1842 - 1930
                 Stephen Preston "Toby" SCOTT  1846 - 1925
                 Benjamin E. SCOTT  b. 1848
                 Sarah Rebecca SCOTT  c1851 - 1880
                 Robert B. SCOTT  b. 1853    
----------------------                                       
 
Will  of  William S. SCOTT      
Know all men by these presents that whereas my son W C SCOTT has got the Small pox and I have been staying with him
and be able to take said disease and therefore both of us liable to die very soon    I William S  SCOTT  of Weakley County
Tennessee being of sound mind and now in tolerable good health do make and publish this as my last will and testament
hereby revoking all other wills by me theretofore made

 I hereby appoint W C. SCOTT  R B SCOTT and B B EDWARDS Executors of this my last Will and Testament in the event
that said W C SCOTT die before the time for the administration of my estate then and in that event I desire that my son S P
SCOTT RB SCOTT and B B EDWARDS shall administer my estate
 
   I desire that my said Executor give bond before the County Court of Said County their faithful performance as such
Executors but that they do not give Security
 
I desire that W C SCOTT and R. B. SCOTT Shall take the Stock of goods on hand belonging to W C SCOTT  he and I
Being a Member of Said firm and constituting the CO  at the Invoice price and that they pay no interest on the aggerate
[aggregate?] amount of the same until the Expirations of two years from my death and in the event the said W C SCOTT
shall die before it becomes necessary to dispose of said goods tender this above clause  __?__ and in that event I desire that my Sons S P SCOTT and R B SCOTT shall take said stock of goods under the above
Restrictions
   
I desire that all my just unpaid debts be paid as soon as practical I desire that the outstanding debts against the Firm of W C SCOTT & Co. be paid as fast as the debts due said firm can be collected and applied to that purpose I want my Son W. L. SCOTT to have my Sil_?_ Tract of Land in which he now resides at what it is reasonably worth

Exclusive of the Improvements he has put upon it
 I want my daughter S R SCOTT to have one half of my RICHARDSON and COOK tract of land lying north of the Wm
MARTIN land at a reasonable price for and during her natural life  at her death to go to her bodily heirs and their heirs and
assigns forever.   At the Expiration of two years after my death I desire that my Real estate be divided between all my heirs
Equally Share and Share alike the lots above indicated to be set apart to my Son W L SCOTT & my daughter S R SCOTT
  
I desire that my sons R F SCOTT & George L SCOTT of Texas Shall be present at said division if possible.
  
I hereby appoint Alfred GARDNER W R ROSS and B D IRVINE any two of whom may act commissioners to make said
division with power to make said divisions as to them may seem best for all my heirs at the time and such divisions when so
made by them to be as final and binding on my said heirs as if I had set apart said lots and conveyed the same to them
before my death
   
I desire that my wife shall have __?__ set apart to her at the same time out of my real estate for and during her natural life
in such manner as she may wish in __?__ and justice to the children
   
I leave to Isaac SCOTT (Colored) for and during his natural life fifteen acres of land to include the improvements where he
now lives and hereby _?__ and authorize W R ROSS lay off and set apart the same to him by metes and bounds   this is for
a home for him for life provided he remains on it.  If he leaves it he forfits all interest in the same not being allowed to sell or
transfer it.
   
I hereby convey to all of my Grand Children one acre of land     know as my home grave yard the south line center to ten
feet South of my Grave
   
My Son Robert B SCOTT being a minor It is my will that the title of the real Estate which said commissioners Shall hereafter set apart to him Shall not vest in him until he shall arrive at the age of twenty one years and shall on his part then ratify all things in this will so far as he is concerned
   
Should either of the partners above named by me as Executors or Commissioners fale from any cause to act as such as
requested by me then this my will that the County Court of Said County appoint others to act in their Steads and I hereby
clothe such persons so appointed by the County Court with the same powers I have given those above named
   
As to my personal estate after my debts are paid  I desire that the same shall be divided equally between my wife and all
of my children Share and Share alike due regard being had to advancements so far as the division relates to my children
Except advancements in __?__
            (See notes and changes)
  Their is a gold watch belonging to the Firm of W C SCOTT & Co  Should W C SCOTT survive me Give him my part of same watch free of Charge.  Should he die before I do my desire is that said watch Should be sold and that my Executors buy it and pay for the one half of the  _?__ out of my estate  and present it to my Son R F SCOTT free of Charge to be owned by
him during his natural life and then to be given absolutely to his son William on account of his Grand Father J H MORAN
   
Should any differences of opinions arise as to the costruction [construction?] of this will then and in that event my will is
that W R ROSS shall construct it and such construction as he shall give it or any part of it shall be final and Conclusive and
binding on all of my heirs legatees and distributors
   
My will is that my son W C SCOTT Shall not be __?_ with certain debts against the COOKs which they paid off by
rebuilding for said W C SCOTT when his dwelling house was destroyed by fire some years ago.
   
Should either of my children contest this my last Will and Testament and the same should finally set up & then and in that
event my will is that one thousand dollars of the interest of such child or children so contesting shall be ratained [retained?]
by my Executors out of the real Estate so sit apart & said contestant to pay Costs of Suit that said contestant receive that
much less in a final settlement of my Estate than the balance of my heirs
            Given under my hand and Seal
             April 10  1871     W S SCOTT
Attes
W R ROSS
A JOLLEY
                   Codicil
It is my will that my Brick Store house and the block adjoining the same be kept insured and rented out for ten years   My
Son or Sons to have the preference by paying reasonable rent         W S SCOTT
October  16  1871
     W S SCOTT Signed the above Will & Codicil in presence and requested us to witness the same
                                   W R ROSS
                                   A JOLLEY
[Some words were cut off in the following section. B.G.]
State of Tennessee  Weakley County
  I E J LOONEY Clerk of the County Court of Weakley County do hereby certify that the above and foregoing ___
____ per__ting to the last Will and Testament of W S SCOTT decd was admitted to probate at the January term of said
County Court 1873 and  was ___
by the subscribing witnesses thereunto and establishes by the said court at said ____ as the last Will and Testament of said
W S SCOTT ____ and the same received & filed
  Witness  Jany the 8th 1873
                                   E J LOONEY Clerk
 


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