Will of Charles Clay |
Last Will & Testament of CHARLES CLAY dec'd Probated June term /79 Recorded July 22/79 ZACH WATKINS I CHARLES CLAY of Dyer County Tennessee being of sound mind make and publish this my last will and testament hereby revoking all former wills made by me. Item 1st I direct that my Executor pay all just debts against my estate out of the first money that may come into his hands as Executor. Item 2nd I hereby give and dedicate as a neighborhood grave yard one half acre of my home tract of land and direct my executor to lay off the same - commencing at my northeast corner in the Dyersburg and Friendship road near the five mile post from Dyersburg. Item 3rd I direct that my dwelling house, out houses and all the cleared land on my home farm (except the JOHN MOORE place) be set up as a home stead for my wife MINERVA and my two minor children, CHARLEY and HENRY - and as I think they are incompetent to use and cultivate the same to the best advantage I hereby appoint my friend ESQUIRE JOHN H. YORK, Trustee for my wife and guardian for my said children and direct that he permit them to occupy the family dwelling and to have the use of the out houses, the yard and the lot, the orchard and as much cleared lands as my said wife may be able to cultivate herself - and that he rent out the rest of the land and after paying the Taxes and retaining pay for his services as Trustee annually to pay one third of the remainder or net proceeds to my wife and apply the other two thirds to pay for the clothing, schooling and medical attendance &c of my two sons HENRY and CHARLEY untill my youngest son HENRY arrives at the age of Twenty one year; Provided my said wife remains upon said land, but should she remove from said land then and in that event I direct that the net proceeds of said homestead be used by said Trustee for the benefit of my two minor children, to pay for the clothing, schooling, medical attendance &c. Item 4th I direct that the JOHN MOORE house and clearing adjoining and directly south of the above mentioned homestead and dower and known as the "JOHN MOORE PLACE" be rented out "yearly" by my Executor until my son HENRY is Twenty one years old - and that said Executor apply the net proceeds of rent annually, equally between my three children MRS. MARY MOORE, CHARLES CLAY, and HENRY CLAY - and that the one third gong to my daughter be paid to her free from the control or debts of her husband. Item 5th I give to my son CHARLEY one third of my land - to my son HENRY one third of my land - and to the children of my daughter MARY MOORE one third of my land - all subject to the homestead and dower encumbrance as provided for in item 3rd of this will. Item 6th I direct that my sons HENRY and CHARLEY be sent to school and given a common school education that they be taught to work - and raised properly - That their guardian have the control of them as to where they shall live where they shall attend school &c - but I prefer that their guardian permit them to remain with their mother, provided she in his opinion conducts herself so that it is best for them to stay with her - otherwise he may remove them - Item 7 Should my wife remove from my home place I direct that her interest in the place be paid to HENRY and CHARLEY - and that she _______ the net income of one third of my land, after selling at cash a homestead of $1000.00 in value to my two minor children. Item 8 I direct that guardian for my children and Trustee for my wife and daughter MARY in renting my lands, rent them to be sown in wheat, oats, or clover, or cultivated in corn, cotton, tobacco &c and have said land so cultivated and kept in repair that the land may not be injured or worn out by continual renting. Item 9 I give to my wife and the two children CHARLEY and HENRY - all my household and kitchen furniture. Item 10 I hereby appoint my friend ESQUIRE JOHN H. YORK, my Executor and I appoint him guardian for my children CHARLEY and HENRY - And Trustee for my wife and daughter MARY MOORE - And direct that he need not be required to give any bond to act as Executor, trustee or Guardian, In Testimony whereof I subscribe my name on this the 15th day of March 1879 in the presence of these witnesses CHARLES X CLAY
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