Will of Hamilton Parks
The Last Will & Testament of |
HAMILTON PARKS Dec'd
Probated October Term 1888
Recorded Oct. 16th 1888
WILL L. WILKERSON Clerk
In the Name of God Amen; I, HAMILTON PARKS, of Dyer County Tennessee, being of sound mind, and disposing memory do make and publish this my last will and testament hereby revoking and making void all former wills made by me.
Item 1, I direct my Executors to pay all my just debts and funeral expenses, and for such monuments as they think proper for myself and my wife REBECCA PARKS.
Item 2, I gave my son WM. G. PARKS and his children $1000.00 and I give to his son E. E. PARKS for life, and at his death to his lawful isue my Murray tract of 200 acres of land in 15th district of Dyer County and partly in Gibson County and value it at Five Thousand Dollars, and all my KING tract in 15th district Dyer County, except 100 acres on west side of same and south of the creek and value it at Seven Thousand Four Hundred and Twenty Five Dollars. Should E. E. PARKS leave no lawful isue at his death the land herein given to him for life is to revert to my estate.
Item 3, I give to my sons SMITH PARKS and B. R. PARKS, or the survivors of them in trust for the sole and separate use and benefit of my son ROBERT H. PARKS one of my brick store houses and lots in Newbern Tennessee fronting on Main Street 26 feet and running North 140 feet, also all of lot No. 3 of my DOUGHERTY & PHILLIPS land in 9th district of Gibson County Tennessee, except 20 acres off the west side of same, also my undivided 7/10 interest in the narrow strip of land 8 1/2 poles wide south of same being in all 160 or 175 acres and I value said store house and lot and said land at Five Thousand Dollars and I also give to them in trust a note on my brother SMITH PARKS for $2040.00 and interest from Feby 20 1888 making to Feby 20th 1889 $2162.00 and if I renew the note they are to have the renewal note which note my executors are not to pay until it suits my brother to pay but they may renew the note and collect the interest accruing after my death, and collect rent on the store house and from commencing Jan. 1st after my death and after retaining for taxes expenses and services apply the remainder of the net rents and interests or so much thereof as may be necessary for the best interest of my son ROBERT H. PARKS is all that he is to have of my estate. If at his death he leaves lawful isue then surviving then the property given to his brothers for his use is to go to his lawful isue in fee - but should he leave no lawful isue living at his death the property herein given is to revert to my estate
Item 4, I have given to my son SMITH PARKS Twelve Thousand Four Hundred and Twenty Five and 85/100 Dollars, and I give to him an undivided one half of the ____ one of my brick stores & lots in Newbern fronting 20 feet on Main street and running back North 140 feet and I value the half of said house and lot at Eleven Hundred and Twenty Five Dollars.
Item 5 - I gave to my Daughter MARY JANE CUNNINGHAM $1650.00 and I now give to her daughters CORA LEE BAKER and MOLLIE LOU WILLIAMS for life all my Spencer tract of land in 9th district Obion County Tennessee (except the 137 acres which I have sold) containing about 317 acres which I value to them at Eight Thousand Dollars and as they are well provided for this is all they are to have of my estate, and as their brother JO. H. CUNNINGHAM has had considerable property given, and as I have heretofore given, and is inclined to be wild and dissipated, I do not think that he would be benefitted by giving him other property, and as I have heretofore given him some money he is to have no part of my estate left at my death. The land herein given to my grand-daughters for life is leased until 1892 and my executors are to pay the taxes on same until 1892. The land herein given to my grand-daughters for life, is at their death to go to their children in fee - but if at the death of the survivors of them they should leave no isue then living the land herein given to them is to revert to my estate.
Item 6 - I gave to my Son A. S. PARKS $3440.00 and I give to his children HARRIS HAMILTON, ANDREW S. and FAUSTINA PARKS for life the following land in 9th district Obion County Tennessee viz Lots No's 1 & 2 and 20 acres off the west of Lot 3 of my DAUGHTY & PHILLIPS tract and my undivided 7/10 interest in the narrow strip of land 8 1/2 poles wide south of same, the whole being about 765 acres which I value to them at Ten Thousand Dollars, Said land to be held in common by them until 1899 At the death of said grandchildren the land herein given to them for life is to go to their lawful isue per ____ but should they leave no lawful isue living at the death of the survivors of them the land is to revert to my estate. I appoint my sons H. PARKS JR. and B. R. PARKS guardians of my said grandchildren to act without bond and wish them to have said grandchildren well educated provided they will take an education and to do this said guardians may use the net rents as a common fund to educate those needing an education, and they need not make any settlement until January 1, 1899
Item 7, I have given to my daughter PARINA V. WYATT $8192.00 and I now give to her for life and at her death to her children in fee my H. H. HEADEN 70 acres in 15th district Dyer County and partly in Gibson County and value same at Two Thousand Dollars also my W. C. WILLIAMSON 73 acres in 15th district Dyer County and 100 acres of the KING tract adjoining the 73 acres lying on the west of the KING tract and south of the creek and I value same at Three Thousand Eight hundred and Ninety Two 50/100 Dollars If she dies before her husband Col. J. N. WYATT he is to have a life estate in said lands. I have a note on J. N. WYATT for $17.20 leaving a balance of $376.80 and I direct my executors so count the interest on said note at annual ____ until January 1st of the year after my death and then to deliver said note to my daughter charging her with the principal and interest due on same
Item 8 I have given to my son H. PARKS JR. Twelve Thousand Eight Hundred and Fifty Five Dollars
Item 9 I have given to my son B. R. PARKS Six Thousand Three Hundred Dollars and I now give him my 120 acres in 9th district Dyer County called the McKEE place and value it at Three Thousand Dollars and I also give to him my NORSWORTHY JOHNSTON and HERRON house and lots in Newbern and value them at Seventeen Hundred and Fifty Dollars and I give him the middle one of my brick stores & lots in Newbern joining the middle store and lot, and I value the middle store and lot at Two Thousand Dollars and the undivided half interest in the Eastern store and lot at Eleven Hundred and Twenty Five Dollars
Item 10 I have given to my daughter LUTIE A. TIGRETT $2150.00 and I now give to her for life, and then to her children in fee the following lands in 9th district Dyer County Tennessee viz. the 224 acres where she lives and value the same at Eight Thousand Five Hundred and Fifteen Dollars, and the 95 acres in my ____ and TURNER tract which I value at two Thousand Three Hundred and Seventy Five Dollars and my COX store house and lot in Newbern 30 by 127 feet and value same at Twelve Hundred and Fifty Dollars. Should she die before her husband A. B. TIGRETT he is to have a life Estate in said lands.
Item 11 Several of the houses on the lots herein given are insured and should they burn the insurance money collected is to go to the parties who were to get the houses.
Item 12 I direct my executors to collect the rents on all the lands and store houses herein devised until December 31st after my death and use said rents as assets of my estate.
Item 13 I have a number of notes and judgements which I intend to give to my children and grandchildren at my death, and to designate in writing which notes and judgements are to go to my different legatees, and the price or value I charge on same and I direct my executors to deliver said notes and judgements without recourse on my estate and at the price I charge for same
Item 14 I give the following articles without charge viz. to ROBERT H. PARKS my silver watch to SMITH PARKS my gold watch to H. PARKS JR. my gold headed cane to B. R. PARKS my silver headed walking cane and writing desk, to J. N. WYATT my Knights _____ sword and regalia, to A. B. TIGRETT my 45 volumes American Tract Society Books and case holding same, and I request my daughters PARINA and LUTIE or the survivor of them to divide my household furniture and table ware among my children and daughters-in-law according to the wishes of their mother, all without charges.
Item 15 I give my executors in settling my estate full power and authority without the aid or intervention of any court to buy any land on which I may leave the purchase money or mortgage notes and to compromise any claims or debts for or against my estate in any manner they may deem best in order to avoid the delay expenses and uncertainty of litigation.
Item 16 I have in this will and heretofore given to the following named children and grandchildren as follows.
To WM. G. PARKS and E. E. PARKS.................................$13425.00
Making a total to the above named children and grandchildren of Ninety Five Thousand eight Hundred and Twenty and 35/100 Dollars, and I desire direct that all the parties mentioned in this item be made equal in the final distribution of my estate, giving to WM. G. PARKS and E. E. PARKS a childs part, to A. S. PARKS and his children a childs part to P. V. WYATT and her children a childs part to L. A. TIGRETT and her children a childs part to SMITH PARKS, H. PARKS JR. and B. R. PARKS each and every one a childs part, and I give to the above named parties all the rest and residue of my estate both real and personal and if the property herein given to SMITH PARKS and B. R. PARKS in trust or to E. E. PARKS or CORA LEE BAKER and MATTIE LOU WILLIAMS or to any of my other grandchildren for life should revert to my estate, the same is to go to those parties, above named in this item. And the property herein given to my children and grandchildren is to be divided among them so as to produce perfect equality charging them with the amount therein charged to them.
Item 17 I nominate and appoint my sons H. PARKS JR. and B. R. PARKS or the survivor of them executors of this will.
Item 18 I most ernestly request all my children and grandchildren to live honestly and uprightly; to be fair and just in all their fellow men; to take the Bible as their great guide in life, to read it, study it and obey its precepts, and to live humble devoted, sincere christian lives, so that, when done with this world, we may all be reunited in a far happier and better world than this, The foregoing eleven pages and eighteen items contain my last will and testament, In witness whereof I do hereunto subscribe my name in the presence of GUY DOUGLASS JAS. W. HAMILTON, and M. C. HAMILTON, whom I request to witness the same on this the 28th day of August 1888
Rev. HAMILTON PARKS died at his residence in Dyer County on the 13th day of September 1888
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