I, WILLIE BAYLESS of the County of Weakley and State of Tennessee being of sound and disposing mind do hereby make and publish this my last will and testament hereby revoking all former and other wills or codicils by me at any time heretofore made and published.  And 1st I wish my funeral expenses and all of my just debts of whatsoever kind first paid and satisfied out of estate which I desire shall be done by my executors as far as possible by the collection of the debts due me. 

And 2nd, I give and bequeath to my beloved wife VIRGINIA ANN BAYLESS as her absolute property to be disposed of as she thinks proper.  My negro girl ELIZA aged about seventeen years, two feather beds, bedsteads and furniture of her own selection also two good substantial farm horses, my gold watch and an eight day metal clock and one yoke of work oxen and my wagon and yok.  Also two milch cows and (page 165) and their calves to be selected by her out of my stock of cattle and all of my stock of hogs that I may own and possess at my death - and also the necessary farming utensils to cultivate and carry on the farm and all suitable and necessary house hold and kitchen furniture, provided she continues to keep house and carry on the farm after my death and if she should not choose to do either then latter articles from the words and also I wish sold by my executors the proceeds of such sale applied to my wife's use and benefit. 

3. It is my will and wish and I do order and direct that should my wife choose to keep house and carry on a farm after my death that she have the use of the farm where I now live should I die seized and possessed of the same, free from rent or charge of any kind so long as she wishes to cultivate the same or until she marries, but should my wife not choose to cultivate the farm or should die or marry before my son THOMAS CULLIN arrives at lawful age, then and in that case or in the happening of either of said three events, I wish my executor to rent out said farm or sell the same as they may think most to the interest of my estate and the proceeds of the rent or sale to apply to the education support and maintenance of my son THOMAS CULLIN and the balance to be given to him on his arrival at the age of twenty one, all moneys belonging to my estate to be placed at interest that is not wanted to execute some provision in this my last will and testaments. 

4th, I further give and bequeath to my wife one hundred dollars in money out of my estate to be raised and paid to her by my executors as soon after my death as possible and also on the stock of provisions on hand at my death of every kind but the foregoing bequests and provisions in favor of my wife are expressly made on condition that she relinquishes right of dower out of my real estate in favor of our son THOMAS CULLIN BAYLESS. 

5th, It is my will and desire and I specially request GEORGE SMITH of who I purchased one half of the horse, BERTRAND, in to return to my estate the one hundred dollars I paid him for said horse and the note he holds of mine for nine hundred dollars the balance of the purchase money but should said SMITH refuse to recind said contract then and in that case I hereby authorize and empower my executors to advertise and sell my interest
in said horse to the highest on a credit of twelve months. 

6th, The use possession and enjoyment of all the rest and residue of my estate not herein already disposed of, I give to my beloved wife VIRGINIA ANN BAYLESS during her natural life or widowhood or until my son THOMAS CULLIN arrives at the age of twenty one.  On the happening of either of which events the whole of my property both real and personal and effects of any and every kind whatsoever not herein before disposed of otherwise. I give bequeath and devise to my son THOMAS CULLIN BAYLESS and should he die before he (page 166) arrives at the age of twenty one years and at his death my wife should still be living in that event I give and devise the whole of my estate to my wife VIRGINIA ANN BAYLESS out of the use and profits of my estate.  It is my wish and desire that my wife or executors or both should suitably cloth support and educate my son THOMAS CULLIN. 

7th, If my wife should not continue to keep house and carry on the farm after my death in that case it is my will and desire that my executors should sell all my perishable property except negroes and such other articles as I have already given my wife, on a credit of twelve months and that they hire out the negroes except the one given to my wife and place and proceeds of such sale and hire on interest for the benefit of my estate the interest to be used for the joint support of my wife and our son THOMAS CULLIN until she dies or marries or he arrives at full age in either of which events the whole (page 167) of the interest and principal of such funds shall go to THOMAS C. BAYLESS. 

8th, It is my will and wish that my executors as soon after my death as convenient shall sell on a credit of twelve months all my perishable property my negroes excepted herein specially given and bequeath to my wife - and lastly I hereby constitute and appoint my esteemed friend JAMES H. MORAN and JOHN A. GARDNER executors of this my last will and testament and my beloved and affectionate wife, VIRGINIA ANN BAYLESS, guardian of our infant and minor son THOMAS CULLIN BAYLESS hereby again revoking all former and other wills by me at any time heretofore made and published,  In testimony of this solemn act and in witness of this my last will and testament.  I have hereunto subscribed my name and affixed my seal this the 7th day of January in the year of our Lord one thousand eight hundred and thirty eight. 

WILLIE BAYLESS (seal) 

Signed, sealed and executed in presence of us the date above written both of whom have witnessed the same at the request and in the presence of the testator. 

BENJAMIN BONDURANT 
JAS. E. BONDURANT 

Proven in open court 5th day of February 1838. 

Typed & Submitted by Sandy Thompson Mattox 

Taken from: 
 Historical Records Project - Official Project #465-44-3-115 
 copied under Works Project Administration 
 November 25,1938