Will of Hezikiah Fuller

Dated 9 Jul 1887


The Last Will & Testament of
HEZIKIAH FULLER Dec'd
Probated Oct. Term 1887
Recorded Oct. 11th 1887
WILL L. WILKERSON clerk

I, HEZIKIAH FULLER being of sound mind and disposing memory do make and publish this my last will and Testament hereby revoking all wills by me heretofore at any time made.

Item 1st I direct that all of my just debts be paid by my Executor out of the first monies coming into his hands including my funeral expenses &c.

Item 2nd I give to my beloved wife NANCY all such of my personal property as she may desire to keep for her comfort and subsistence, and after she has selected what she wishes to retain of my personal property, then my Executor will sell the remainder to make assets for the estate. I also give my beloved wife the tract of land on which we reside containing one hundred and fifty acres more or less and bounded North by the EDWARD HASKINS original tract West by my sons JNO. T. & WILLIAM A. FULLER South by ALLEN HARRIS heirs and west by GUY DOUGLASS and J. C. HASKINS land purchased from R. E. JOHNSON to have and to the same for and during her natural life.

Item 3rd I will and direct that my two daughters EMA H. and NANNIE S.Lare to have their home with their mother on the farm given to her in the 2nd item of this will and be supported by the proceed of the farm as long as they remain singly, and their mother lives, all of my children having been advanced by the sum of two hundred dollars each.

Item 4th In addition to the sum of two hundred dollars mentioned in Item 3rd of this will to each of my children I loaned to GEORGE W. HILL the husband of my daughter SARAH E. HILL in his lifetime to wit on the 4th day of December 1867 one thousand dollars for which he executed to me his three notes all bearing interest from that date one for four hundred the other two for three hundred dollars each. I also loaned to JOE C. VANN the husband of my daughter SUSAN M. VANN during the lifetime of my said daughter (to wit) on the 20th day of December 1887 six hundred and twenty four dollars, and six cents He also owe me the sum of four hundred and forty five dollars forty cents on the first day of January 1880 for which I have his two notes of date above given and on the 19th day of February 1879, I paid to W. C. DOYLE Clerk & Master of the Chancery Court at Dyersburg Tennessee, twenty one dollars, I also paid (as the security of J. C. VANN, on a prosecution bond in a suit of said VANN, against the Rail Road the sum of twenty six dollars for which I have J. A. ODELL receipt as Deputy Sheriff showing that I paid said money on the 13th day of April (1878) eighteen hundred seventy eight. I also have JAMES W. ENOCHS note (he is the husband of my daughter ANN E.) for three hundred dollars and sixteen cents on the 2nd day of January 1882, and I paid cost in the Supreme Court on Execution against my daughter ANN E. ENOCHS on the 15th September 1883 the sum of one hundred and forty eight dollars eighty five cents for which I have J. G. WYNNE Deputy Sheriff receipt I also have the note of my two sons JOHN T. FULLER and WILLIAM A. FULLER given jointly for eleven hundred and thirty six dollars and seventy five cents on January 1st 1880. Now I will and direct my Executor that in the final settlement of my estate that all the above claims as set forth in this item of my will must be charged up including interest at six percent to the child or representative of the child who over the said several amounts as set out in this item of my will and the amount in each case will be deducted from the share of such child or its representative from the amt. That may be in the hands of said executor giving to such child or representative of such child, Charging SUSAN M. VANN'S heirs with JO. C. VANN'S amt. of indebtedness and SARAH E. HILL or her heirs with GEORGE W. HILL'S indebtedness, and then such balance if any there be in the hands of my executor giving to such child, or representative of such child shall be paid over to him her or them as the case may be.

Item 5th: I hereby direct my Executor at the death of my beloved wife NANCY that he sell all my estate real personal or mixed if he deems that the best way to make distribution of the Estate or he may have the Real Estate divided among my heirs the children taking share and share alike in either case. And the representative of any child who may be dead at the time of the division taking such share as their parent would have received if living and as my daughter SUSAN M. VANN is now dead leaving children they of course will take their mother's share of my estate after the amount due me from their Father JO. C. VANN is deducted from such share and my Executor is hereby authorized and empowered to sell any all of the lands of which I may die seized and possessed and make good and sufficient title to the same without the aid or assistance of any court decree whatever and I leave it entirely at his discretion as to the time he may sell any or all of my other land except my home place (it is not to be sold until after my wife's death) and he may sell my lands entirely for cash or for part cash and the balance on time as he may deem best for my estate.

Item Sixth; I hereby appoint GEORGE R. FULLER my Executor to this my last will and Testament with full power and authority to carry out all its provissions This July 9/85

H. FULLER

Witnesses:

SMITH PARKS
J. IRA JONES

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