Will of Stephen D. Chitwood

Dated 7 Jun 1883


Last Will and Testament of
STEPHEN D. CHITWOOD dec'd
Probated April Term 1889
Recorded April 19th 1889
WILL L. WILKERSON Clerk

I, STEPHEN D. CHITWOOD make and publish this my last Will and Testament.

Item 1st Let any just debts and burial expenses be promptly paid out of any money not hereafter specifically bequeathed, that may come into the hands of my Executor.

Item 2nd I give and bequeath to EVERETT BLOOMINGDALE son of C. B. BLOOMINGDALE, to be his absolutely and without limitations, all of my live stock that I may have of every description at the time of my death, and all of my farming implements, all of my household and Kitchen furniture, such as beds, bedding, bedsteads, table ware &c. all crops an hand or growing on my home place, all of which property is to be delivered to said EVERETT BLOOMINGDALE for and during the term of his natural life my home tract of land consisting of about Two Hundred acres, conveyed to me by DR. BURCHETT, many years ago. Also to have and to hold the same way one undivided fourth part of a Tract of Six Hundred acres of bottom land in the 8th civil District of Dyer County Tennessee being the same 600 acres entered by THOS. H. FOWLKES and my self, and of which I own one undivided one half. Upon the death of said EVERETT BLOOMINGDALE, the land herein bequeathed to him for life, shall desend and be vested absolutely in any children that may be born to him, Subject to his widow's dower during her widowhood, If he die without issue born to him and living at the time of his death, then one fourth of the remainder go to his widow, if he leaves one, only during her widowhood, and the other three fourths shall revert to his heirs at law. If he die leaving neither widow or issue, then the whole of the land in this item of my will shall revert to my heirs at law.

Item 4th I give and bequeath to EDWARD CHITWOOD oldest son of my brother GREEN CHITWOOD Forty Nine Acres of land, situated in the 7th civil District of Dyer County Tennessee, and adjoining my home place, the land sold to me by B. T. WITT and to said WITT by JOE CHITWOOD, also undivided one fourth of the 600 acres of bottom land, to have and to hold for and during the term of his natural life and the remainder, to his heirs at law, Subject to the widows dower, if he should leave one,

Item 5th I have given to JOSIAH CHITWOOD $2486.00 for which I have his receipt, This is intended as a gift to him, and my Executor is not to hold him accountable there for.

Item 6th I a note executed to me by my brother GREEN CHITWOOD, and his two sons to wit, CREED and LEN CHITWOOD dated about the 18th day of November 1883 for the sum of $520.00 or near that sum, due five years from date without interest, for which sum I hold a mortgage on the 50 acres of land bought by my brother GREEN from PATRIC HENRY & GEO. WRIGHT, said mortgage to run 5 years, no interest is to be charged on said note, before the expiration of the 5 years, after five years, If my brother GREEN should be living, I want him to hold and occupy said land free of charge, during his life, and if his present wife survives him, she may remain and occupy the land as long as she remains a widow, If not redeemed within the 5 years, and at the death of both parties above named, or when the widow may marry, should that occur why the said land is to be sold and distributed, the proceeds thereof - to DORA CHITWOOD only daughter and child of my brother LEN, and CHARLY CHITWOOD, son of my brother ANGIREN CHITWOOD, and LEVIN CHITWOOD, the youngest son of my brother BASTIE CHITWOOD now deceased, to and ALEX RAY, also, in this item I give and bequeath to the 4 persons above named all the residue of my personal property, not heretofore specially mentioned, I mean all moneys, notes, judgements choses in action &c equally between them.

Item 7th If DORA CHITWOOD above mentioned die before arriving at mature age, why her portion shall descend directly to the other 3 just above mentioned.

Item 8th I hereby nominate and appoint C. L. NOLEN Executor of this my last will and Testament, and I hereby revoke all other wills ant any time made by me.

Witness my hand and seal this the 7th day of June A. D. 1883

STEPHEN (X) CHITWOOD

Witnesses:
JAS. W. BAKER
JAMES SWEARENGER
R. H. CAMPBELL

Codicile

I STEPHEN CHITWOOD make this codicile No. 1 to this my last will and Testament, this 24th day of May 1887 to wit:

I will to my Grand Nephew EVERET BLOOMINGDALE the Twenty acre tract of land which I purchased from ELIAS HALL which adjoins the lands I have heretofore willed to my Nephew whose recorded deed I refer to for perticular metes & bounds of Sd Land, And I will said land to sd. E. BLOOMINGDALE for and during his natural life and at his death, then to his children or decendants of his children, On the following conditions to wit; that is provided said EVERET BLOOMINGDALE pays to me or to my legal representatives within four years from this date, Five Hundred and forty dollars; But if he fail to pay said sum of five Hundred and forty dollars within the time above set forth, then my will is that my Executor will sell said tract of land, and convey the same without the aid of any Court decree, and sell for cash or on strait credit, or part on time as he may deem best, and divide the proceeds of such sale share and share alike between my nephew WILLIAM CHITWOOD and LEVIN CHITWOOD (BOSTWICK CHITWOOD'S sons) and DORA CHITWOOD (LEN CHITWOODs daughter) and ALEX L. RAY and PICK CHITWOOD son of ANGEREAN CHITWOOD, each of the five taking an equal share, and if my Nephew EVERETT BLOOMINGDALE pays for said land within the four years above set forth, Then the proceeds of said land will be divided equally between said WILLIAM CHITWOOD LEVIN CHITWOOD DORA CHITWOOD PICK CHITWOOD and A. L. RAY share and share alike.

STEPHEN (X) CHITWOOD

Witnesses:
SMITH PARKS
J. A. HALL
S. J. PAYNE

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