Transcribed by Linda Carpenter
Source: Gibson County Court, December Term, 1896
H. D. Harper's Will
In view of the certainty of death and being now of sound mind and disposing memory, I H. D. Harper of Gibson County, Tenn. do hereby make and publish this my last Will and Testament, hereby revoking and annulling any and all wills by me heretofore at anytime made:
1st Clause: I will and bequeath to my beloved wife such part & portion of my household furniture, kitchen furniture & household goods as she may desire and elect to take at the time my Executor shall take charge of my effects.
2nd. Clause: I will & bequeath also to my said wife for life the income and profits on my stock in the Exchange Bank Trenton, Tenn., also my stock in the Trenton Cotton Mills at Trenton, Tenn. and also one note on W. S. Northcross on which my wife is security for four or five hundred dollars. The said bank stock is $1500.00 with only $750.00 paid thereon and the said Cotton Mill stock faces for $250.00 but this bank stock and cotton mill stock and said note I direct shall be placed in the hands of a Trustee for the use and benefit of my said wife for and during her natural life, that is the income from said note and said stocks shall be used for the benefit, support and maintenance of my said wife, but the corpus or principal of such stocks & note to be held by said Trustee unencrouched upon during the life of my said wife. I name J. T. Carthel as such Trustee, after the death of my said wife. I will that the corpus of said estate or fund shall pass under the 7th clause of this my will.
3rd. Clause: I hold a note on W. S. Northcross for about $150.00 & this note I give to my wife absolutely to do with as she pleases..
4th Clause: The property herein before given to my wife under the first and third clause and the life use given under the 2nd clause shall be and is to be in lien and instead of all interest she might be entitled to under the homestead and exemption laws of Tennessee. In other words she is to have no further or other interest in my estate than is given under said 1st clause, 2nd clause, & 3rd clause as widow or otherwise.
5th. Clause: I will and devise to my grand daughter Lady Wade all my real estate, subject to the following conditions, limitations, and restrictions; she is to take & hold said real estate to her sole and separate use free from any of her debts and contracts now or that may hereafter be made & also free from the debts and contracts of any husband she may at any time have. Provided however if my said grand daughter should marry Charley Dunlap then in that event all interest she may make take under any of the clauses of this my will shall thereby cease & pass to her descendants or my Harper relatives under the other term of this will. Provided further that if my said grand daughter should marry said Dunlap or should die without child or children or descendants of such surviving her, then & in either event said real estate shall go & pass under the 8th clause of this my will, but should my said grand daughter have a child or children born unto her & when her eldest child shall have attained 21 years or she shall have a child born unto her who shall attain said age, then her children and descendants of such as may be dead shall then become seized of the fee in said real estate subject to the life estate of my said grand daughter. The marriage aforesaid shall not work a forfeiture of it should occur after any of her children should attain 21 years of age.
6th. Clause: It is my will that my Executor as soon after my death as practicable pay out of the first money that comes to his hands any debts I may owe and my Executor will as soon as practicable collect in all my notes and accounts and convert all my personal effects into money and when he can safely do so he will pay over to the Trustee named in the 7th clause of this will, all the money that may be left in his hands as such Executor to be held & expended as directed in said 7th clause.
7th. Clause: It is my will that the net proceeds of my personal effects be paid over by my Executor to a Trustee who will take charge of the same and loan out the same in some safe way and the income and profits arising from the same, he will pay over to my grand daughter Lady Wade and at the death of my wife the corpus of the fund mentioned in the 2nd clause of this will is likewise to go into the hands of said Trustee for same uses & purposes and this trust will continue until my said
grand daughter arrives at 40 years of age and if she is living at that time my said Trustee will pay over said corpus of the fund to my said grand daughter, but should she die before she is 40 years old leaving child, children or descendants of such, then such child, children & descendants of such as may be dead shall take said corpus of said fund share & share alike descendant of any deceased child taking its parents share, but if my said grand daughter should die before she is 40 years old & without child, children, or descendants of such surviving her then said corpus of said fund is to pass to my Harper relatives under 8th clause of this my will. The like forfeiture of all interest in this fund is to obtain if my said grand daughter should marry said Dunlap before she is 40 years of age. I name J. T. Carthel as such Trustee.
8th. Clause: If by reasons of any of the limitations conditions & restrictions here in before set out my said real & personalty or its income and profits should pass from the control ownership or use & enjoyment of my said grand daughter under any of said limitations & conditions then it is my will that such real & personal estates & its use so passing shall go to & belong to the descendants of my relatives Joshua Harper and Sallie Harper (now deceased) and such descendants to take such property as though they inherited the same from said Sallie and Joshua Harper under the law of descent in Tennessee.
9th.Clause: I nominate and appoint my friend W. O. Gordan as Executor of this my will and while I have confidence in my said Executor & said Trustee J. T. Carthel yet I desire they shall give bond & security as such respectively this Sept. 19th 1896. H. D. Harper
We the undersigned witnesses hereto subscribe our names & certify that said Testator signed this paper as his will in our presence & we witness the same in his presence & in the presence of each other & at his request: This Sept. 19th 1896.
A. G. Lassiter - witness
C. B. Sowell - witness
* W. O. Gordan, Thos. E. Harwood, L. H. Tyree, & J. W. Jetton, Executor & securities - $8,000.00 penal sum