Will of Alfred Enochs, Sr. |
Last Will and Testament of ALFRED ENOCHS dec'd Probated December Term /79 Recorded December 17/79 ZACH WATKINS Know all men by these presents that I ALFRED ENOCHS, of the county of Dyer and state of Tennessee, farmer, being in feeble health but of sound mind and memory do make this and publish it as my last will and testament, hereby revoking all former wills at any time made by me - and as to my worldly estate and all the property real and personal or mixed of which I shall die seized and possessed of or to which I may be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to wit: First; my will is that all my just debts and funeral expenses shall by my executors hereafter named out of my estate paid as soon after my decease as shall by them be found convenient. Second; I give devise and bequeath to my beloved wife MARY F. ENOCHS all my household furniture, two good work mules, one good buggy horse one buggy and one two horse wagon and suitable harness for the same two good milk cows with a suficing of hogs for herself and family with a sufficiency of provisions and food for herself and stock for one year - and all the poultry that my be on the farm at the time with a sufficiency of farming tools and harness for cultivation of the farm hereafter mentioned - also the interest on all money and notes that I shall have on hand or that may be due me at the time of my decease, together with my present home now including the outhouses with one hundred acres of land about the center of the present tract, running from north to south - said home tract described as follows; Beginning at a stake and pointers, the northeast corner of lot no (4) THOMAS J. HARRIS tract of (507) acres: thence east (297 1/2) two hundred ninety seven and one half poles to a dogwood and pointers, the south east corner of the original survey thence north (295 1/2) two hundred ninety five and one half poles to a stake; thence west to a hickory and Elm the north east corner of said lot no (4) and the south east corner of lot no (3) HENRY CUTCHIN tract of (507 acres) thence south (305) Three hundred and five poles to the beginning, containing (552) acres, more or less, together with all the rents, profits and incomes with the use of the above mentioned properties, means and incomes during her natural life - she having the right to give to or either one of her two youngest daughters any household furniture of the above amounts, being set apart by me for my beloved wife expressly in lieu of her dower right and authorize my Executors hereafter to be appointed as soon as convenient after my decease to carry out the above provisions, - Third I give and bequeath to my son JOSEPH W. ENOCHS the sum of Two Hundred Dollars together with the interest accumulated on one certain Promissory note, made by JOHN ENOCHS to said JOSEPH - said JOSEPH having heretofore received from me of my estate in land and other property to the amount of Twenty six hundred and seventy five dollars, they making $2,875.00 the above being the amount in full of my estate intended by me for my said son JOSEPH, except hereafter provided - Whereas there is an agreement between us and with said said JOSEPH that he is to remain on my home farm and live with my beloved wife, MARY F. and well to care for and provide for her and family and stock out of the property and effects bequeathed her for that purpose, during her natural life in the manner above mentioned, and in that case I give and bequeath to said JOSEPH at the death of my said wife, MARY F. the reversion of the mansion house, with the one hundred acres of land set apart to my said wife, MARY F. with all the privileges and appertances thereto belonging to him his heirs and assigns forever in full compensation for the above mentioned services and all claims not mentioned against my estate Fourth, I bequeath to my son ALFRED ENOCHS the use, benefits, rents and profits of the farm and tract of land now occupied by him during his natural life - and at his death if he shall leave a widow surviving him she shall be entitled to a lifetime dower right in the premises - and in case he shall leave any child or children or descendants of child or children surviving him they shall be entitled to the following described land in their absolute right, according to the rules of descent and partition, subject to dower as above - said land situated in (6th) civil district, Dyer County and state of Tennessee ninety six and one half acres bounded on the south by ALFRED ENOCHS W. by BEN HICKS on the east by V. McKING, on the north, JOHNSON and INGRAM on the west. My said son ALFRED having heretofore received of me the sum of Four hundred dollars as a part of my estate together with the use and benefit of said land valued by me at the sum of Twenty four hundred dollars, altogether - that being the amount of my estate intended by me in full except what may be provided for in the final distribution. Fifth, I bequeath to my son MATTHEW P. ENOCHS the use and occupancy, rents, income and benefits of the farm as above described, Beginning at my northwest corner, running thence south, one half the length of my west boundary line; thence west to the place of beginning as as to embrace one hundred acres to have the use of said land during his natural life - and if said MATTHEW P. shall leave surviving him a widow she shall be entitled to a life dower in said land - and in case said MATTHEW P. shall eave any child or children or descendants of such surviving him they shall be entitled to the reversion with all right, title, and benefit to them forever, according to the rule of descent and partition, subject to the provision of dower as above and further my said son MATTHEW P. having received of me of my estate divers property and moneys together with the use of said lands of the value Twenty nine hundred and thirty five dollars that being the part of my estate in full intended by me for said MATTHEW P. except what may be provided for him in the final distribution of my estate. Sixth, I devise and bequeath to my daughter ADALINE S. ENOCHS One hundred acres of land it being apart of my home tract lying due south of the tract set apart to my son MATTHEW P. situated in the south west corner of my home tract of land, district, county, and state as above, to have and to hold and to her and her heirs and assigns forever, valued at Twenty five hundred dollars. Seventh, I devise and bequeath to my daughter MALISA T. ENOCHS one hundred acres of land situated in the south East corner of my said home tract, bounded as follows - Beginning at my south east corner known as the PETER R. BEVERALY corner, thence running west on my south line to mine and FRANK BROWNS corner; thence north thence east, thence south on my east line to the place of. Beginning so as to embrace one hundred acres, district, county and state as above set forth to her use benefit and behoof and to her, her heirs and assigns forever valued at Twenty five hundred dollars - Eighth, I bequeath to my daughter HARRIET E. SEGRAVES, formally ENOCHS, the use, benefits, rents, profits and incomes during her natural life, the reversion and remainder at her decease I will and bequeath to the heir of said HARRIET E. body with all the rights privileges and appertenances forever the following described tract of land to wit; Beginning at a stake with two dogwood and white oak pointers, being the south east corner of JOHN CROWS land in the west line of G. W. SMITHS land, running thence south with said SMITHS west line ninety seven and one fifth poles to a stake with hickory, ash and small black pointers, WILLIAM TAYLORS North East corner; thence west one hundred and sixty four and seventeen twenty fifth poles to a stake with poplar, Elm and sweet gum pointers to said TAYLOR'S north west corner; thence north ninety seven and one fifth poles to the south west corner of JOHN CROW'S land; thence east one hundred and sixty four and seventeen twenty fifth poles to the Beginning corner containing one hundred acres, more of less, The said HARRIET E. having heretofore received of me of my estate divers properties together with the use and benefits of the above described land, amounting to twenty four hundred and seventy dollars - The said land situated in (6) civil district of Dyer County state of Tenn. Ninth, I give and bequeath to GEORGE A. and ELIZA R. ENOCHS grandchildren and children of son ROBERT H. ENOCHS dec'd the following described tracts of land Beginning at the north east corner of my tract and southeast corner of WILLIAN HAMPTONS land; thence west with said HAMPTONS line to a stake and pointers JAMES W. ENOCHS south east corner; thence south with JAMES W. ENOCHS line to a stake and pointers in WILLIAN JACKSONS line; thence east with said Jacksons line to a dogwood in JOHN WYNNIS line; thence north to the place of beginning, one hundred and thirty four acres more of less - said land and divers amounts of money and property advanced be me of my estate to my said son ROBERT H. during his life time, amount to thirty two hundred seventeen dollars and sixty six cents - that being the full amount to my estate intended by me for my said son ROBERT H. and his heirs unless they may be entitled to an additional amount in the final distribution of my personal estate - the last mentioned tract of land situated in Dyer County and state of Tennessee - Tenth - I have heretofore advanced to my son WILLIAM S. ENOCHS in property and money the sum of in value thirty two hundred and ninety dollars of my estate and to my son JAMES W. ENOCHS the sum of thirty one hundred and twenty two dollars of my estate and to my daughter FRANCIS W. TAYLOR, formerly ENOCHS the sum of twenty seven hundred and sixty nine dollars of my estate and to my daughter MARY ANN TAYLOR, formerly ENOCHS the sum of twenty four hundred and sixty five dollars of my estate and to my son JOHN ENOCHS the sum of Twenty two hundred dollars of my estate and in addition to said amount he is to be charged with the amounts with interest of two certain promissory notes, one made payable to me for one hundred and fifty dollars, the other made payable to JOSEPH W. ENOCHS for two hundred dollars - said notes executed by said JOHN ENOCHS for borrowed money and to be accounted for by him to my estate - It is my intention and will that all and each of my said children be equal heirs, legatees and divisions, to and of my estate, according to my arrangements and amounts already heretofore ordained by me and now set apart for each of them and according to the estimates and figures, charging each of them and according to the estimates and figures, charging each of them respectively as set forth in this my last will, my said grand children GEORGE and ELIZA are only to represent the one interest that their father ROBERT would have been entitled to had he yet survived all the rest and residue of my estate real, personal or mixed of which I shall die seized and possessed of or to which I shall be entitled to at my decease I desire my Executors hereafter to be mentioned by me and I hereby request, direct and empower them to proceed and take charge of said residue above mentioned and as soon as practicable for the best interests of my estate to convert it into money and to divide the proceeds of all such money among my several children or their decendants according to the amounts in this my will charged to each of them beginning with those that have received the smallest amounts and pay them all the disbursement respectively untill they have all received amounts equal with those that have heretofore received the largest amounts - and I further request and direct my Executors at the decease of my beloved wife, MARY F. ENOCHS that they proceed and take possession of the reversion and remainder of all the personal property and moneys, notes, accounts and interest of every character pertaining to personally; which was set apart by me and bequeathed to her during her natural life and as soon as practicable for the best interest of my estate to convert it into money and after pay her funeral expenses all other expenses incurred by her and administration expenses together with all other reasonable expenses, then as soon as practicable said Executors to proceed and make dividends and disbursment to my several children or decendants according to my desire and the plan above indicated for disbursment - and when all of those that have only received the smaller amounts shall be brought up even with those that have received of my estate the largest amounts then and that case the disbursement shall be equal of the balance of my estate with all my children or their decendants to which I devise and bequeath as above set forth, but in no event any of them shall be required to pay back any that they have received. And lastly I do nominate and appoint my said son JOSEPH W. ENOCHS and my son-in-law WILLIAM TAYLOR to be the Executors of this my last will and testament In testimony whereof I the said ALFRED ENOCHS SR. have to this my last will and testament contained on ten sheets of paper and to every sheet thereof subscribed my name on the left hand margin thereof and to this the last sheet thereof I have subscribed my name and affixed my seal this the tenth of May in the year of our Lord one thousand eight hundred and seventy seven ALFREN ENOCHS (seal)
Witnesses:
The state of Tennessee I ALFRED ENOCHS SR. of the above named state and county, being desirous of modefying, changing and explaining some portions of my will heretofore made by me do make and publish these following codicils to my said last will and testament, to wit; Codicil 1st In order to provide for the changed condition of my family and property I hereby make the following change and no ______ in the devise of the lands therein described to GEORGE ALFRED ENOCHS and ELIZA R. ENOCHS who are children of my deceased son ROBERT H. ENOCHS, dec'd said former devise being contained in the nineth clause of my said last will, viz: It is my desire in order to provide lands for my two said grandchildren better suited to being divided into two good settlements of farms, during my life to sell said devised lands and purchase other lands for my said grand children but if I fail to sell said lands and purchase other lands in lieu of them while I live then I will and devise that said lands devised in said (9th) nineth item or section of my said will shall go to and vest in said GEORGE A. and ELIZA R. ENOCHS share and share alike or in equal parts during their natural lives and at their death to them, the heirs of their bodies, but if either of my said grand children should die leaving no issue then I will and devise that the share or portion of such one of such grandchildren as shall die shall go to the survivor of them under the same limitations as above written in this codicil. I further will and direct that said described land if I die without selling it shall be divided between said GEORGE A. and ELIZA R. into two Parts equal in quantity and value and that said division be made north and south and further that the eastern portion of said land after said division shall be the portion of said GEORGE A. but in any event the parts of portions of each of said grandchildren shall be subject to above written limitations and conditions. A ENOCHS
Witnesses:
State of Tennessee Dyer County I, ALFRED ENOCHS SR. of the state and county mentioned being desirous of changing some portions of my will heretofore made by me, do make this the following codicil to my said last will and testament to wit; In order to provide for the changed conditions of my family and property, I hereby make the following change in the devise of the lands therein described in item of section 6th to ADALINE S. ENOCHS I devise and bequeath that the said land described in item or section (6) be sold by my Executors and the proceeds of the same made use of by them as the residue of my estate is devised to be used by them - and I devise and bequeath to my daughter ADALINE S. ENOCHS a certain tract of land containing 138 1/4 acres bought by me of my son JOSEPH W. ENOCHS known as the JOHN HOWARD tract of land, provided the said JOSEPH W. ENOCHS builds or finishes the buildings now in contemplation upon said tract of land upon the tract of land devised to said ADALINE S. ENOCHS my daughter (said buildings to be paid for out of my own money) and provided the said JOSEPH W. ENOCHS acknowledges and has said deed to A. ENOCHS sign Registered, but in the event said JOSEPH ENOCHS does not acknowledge and have said deed registered then and in that event said ADALINE S. ENOCHS is to have the one hundred and fifty acres not transferred by me heretofore by will or deed A ENOCHS
Witnesses: |
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