State of Tennessee Dyer County

I JAMES B. CUNNINGHAM being of sound mind now a resident citizen of the aforesaid State and county do make this and publish this as my last Will and Testament, hereby revoking and making void all others by me at any time made.

Firstly - I bequeath my soul to God - who gave it my wife and all my children to the charge and prayers of the C.P. Church and mercy of God.

Secondly - I bequeath that all of my debts be paid out of the first monies that the executors may receive from sales of real or personal estates of note or monies which I may die possessed.

Thirdly - I bequeath that my executor either one year from my death sell all of my real estates except my homestead (where I am now living) ½ mile north of Newbern Either privately or publicly on such terms as he may deem best, part only Cash or wholey so.

Fourthly - That as CORA LEE, MATTIE LOU and JOE HANIE have secured them ($5000.00) Five Thousand Dollars each in life Policies - as follows $5000.00 in the Southern at Memphis and $10,000.00 in St. Louis Mutual at Saint Louis Mo. At my death - I order will and bequeath that Mr. ANDREW S. PARKS their uncle be qualified as their Guardian as the law directs by making good and sufficient and approved bond to the court then he said Guardian proceed to draw said amount $15,000.00 and invest it securely to the greatest profit for their the childrens interest and that they have so much of the interest only yearly as they in his judgement need.

Fifthly - I bequeath to my beloved wife MARY W. the homestead which I value at $3,000.00 and all the house hold and kitchen furniture except that already claimed by the several children as heir looms from their ancestors also one fourth of proceeds of my real estate when sold.

Sixthly - That if my wife shall have any children living at my death by me, that the same be first made equal out of the proceeds of assets of my estate to the (3) three first children, and that said child have the same for Guardian A.S. PARKS and invest said childs means in the best way he may think best for said child, so that the interest on it may support said child.

Seventhly - I bequeath that all my children live with my wife and that the Guardian pay her for board for them on such terms as they may agree. She remaining my widow but if she shall marry then the children may have their choice to board with her or some one else, being advised by their guardian for their Interest.

Eighthly - I nominate and hereby appoint Mr. ANDREW S. PARKS my executor and also the guardian of children he complying as the law directs in such cases.

In the presence of these witnesses I affix my name this July the 24th 1870 A.D.

JAMES B. CUNNINGHAM (seal)

Witnesses:
G.B. TINSLEY
JAMES M. SHERROD.

Codicil No. 2. After mature reflection I feel satisfied that it may be best for my beloved wife and children to so change the seventh item of this my last will & Testament to which this is added as codicil No. 2. As to allow my children to have such home or homes as my beloved wife & executors may think best, and my will and desire is that they may remain with my beloved wife on the terms mentioned in Item Seven of not as shall be deemed best for their interest by my executors my beloved wife asserting there to, this provision is for CORA LEE, MATTIE LOU and JOE HANIE. I also think it best for the interest of all the parties that HAMILTON PARKS Jr. be also appointed as one of my executors and Guardians for my children, and I hereby so nominate and appoint him such executor & Guardian on the same terms and conditions that his brother ANDREW S. PARKS is appointed my executor and Guardian for my children in this will. I further will and direct that my executor in the sale of my real estates as heretofore directed sell and convey the same without the aid or intervention of any court Decree whatever.

And that my will may be more surely understood and carried out by my executors. I direct that my beloved wife and the four children be made equal in the division of the proceeds of my estate, taking the same share and share alike. My beloved wife taking the homestead at the valuation in Item five of this will, and the household and kitchen furniture there in given her at Two hundred dollars.

April 26th 1871

JAS. B. CUNNINGHAM