I, ROBERT E. JOHNSTON, being of sound mind and memory and considering the uncertainty of life, do make, publish and declare this to be my last will and testament hereby revoking all former wills by me at any time made.

First; - I direct that all my just debts including funeral expenses and the expense of administration be paid out of any money or other assets that may come into the hands of my Executrix.

Second; - I give bequeath and devise all of my property, both real and personal, of which I may die the owner, that may remain after the payment of my debts to my beloved wife LUCY M. JOHNSTON for and during her natural life, to be held by her in trust for her own support and maintenance so long as she may live and for my children and grand children at her death, to be divided among them as hereinafter provided.

I desire and direct that my said wife shall have a decent, ample and comfortable living and support out of the interest on, and rents and profits of my estate, and if necessary, she may entrench upon the corpus of my Estate for that purpose. She may use annually for the purpose of aiding in paying the salary of her pastor and for other benevelent purposes, an income on my estate. Such portion of the interest on, and the rents and profits of, my estate as may not be used by my wife for her support and maintenance and for the other purpose herein named shall be a part of my estate and at her death shall be distributed with the balance of my Estate as hereinafter provided.

Third; - The only real estate now owned by me is my house and lot situated on Main Street in the town of Newbern, Dyer County Tennessee being the house and lot conveyed to me by M. A. WADLINGTON by deed recorded in the Registers office of said County of Dyer in Book G. page 319. I direct that, in case my wife shall deem it best, said house and lot and any other property that I may own at my death shall be sold and I hereby authorize and empower her as my executrix to sell said house and lot and all other property both real and personal, of which I may die the owner, at private sale on such terms and at such price as she may think advisable and to execute to the purchaser or purchasers a deed or deeds with general warranty of title to the real Estate so sold.

The most of my property being personal property, consisting mainly of money in bank, notes, bank stock and a policy of insurance or benefit certificate for one thousand dollars issued by the United Order of the Golden Cross on the life of my wife payable to me, and it being probable that at my death my estate will consist largely of the same kind and character of property, I therefore direct that my said wife shall keep all of my funds including the proceeds of said house and lot or other property if the same should be sold, loaned out to good and solvent persons requiring them to execute therefore interest bearing notes with good security; or she may invest such portion of my Estate as she may deem advisable in bank stocks or other good and paying securities.

Fourth: - I desire and direct that suitable tombstones or monuments for myself and wife be purchased and erected at our graves and paid for out of my estate, the cost of the same not to exceed three hundred dollars. I also direct that if necessary a burial lot in the Newbern cemetery or in some other cemetery be purchased for myself and wife and paid for out of my estate

Fifth: - I direct that my wife shall pay out of my estate attorney and counsel fees for necessary legal advice and services rendered for her in the management of my estate.

Sixth: - I desire and direct that my said wife shall pay out of my estate all dues and assessments which it may be necessary to pay to keep said policy of insurance or benefit certificate in force; and I direct that at the death of my wife, said policy or benefit certificate shall be collected and become a part of my estate and be distributed with the balance of my estate as hereinafter directed.

Seventh: - I direct that at the death of my said wife, said house and lot if not previously sold and also all other property, real or personal, that may then belong to my estate, be sold, that the funeral and other expenses of my said wife be paid out of my estate, and that so much for the corpus of my estate and of the interest on, and rents and profits thereof as may then remain, including the proceeds of said policy of insurance or benefit certificate and the proceeds of said house and lot or other property that may be sold be divided among my four living children and the children of my two deceased sons, JAMES F. JOHNSTON and WILLIAM E. JOHNSTON, as follows to wit: -

It is my will and desire and I direct that my daughter KATIE WADE ENGLISH, wife of A. D. ENGLISH have five hundred dollars out of my estate and that the residue and remainder of my estate shall be distributed as follows to wit: - My living sons DANIEL B. JOHNSTON, ROBERT F. JOHNSTON, and WALTER E. JOHNSTON and my said daughter KATIE WADE ENGLISH shall each have one sixth thereof the five children of my deceased son JAMES F. JOHNSTON shall have one sixth thereof jointly and equally and the four children of my deceased son WILLLIAM E. JOHNSTON shall have one sixth thereof jointly and equally, advancements being accounted for as hereinafter directed.

If any one of my said living children should die prior to my decease or to the decease of my said wife, then the share of my estate to which such deceased child would be entitled if living shall go to and vest in the issue of said deceased child.

Eighth: - I have heretofore made advancements to my children, including my said deceased sons, as follows to wit: -

To JAMES F. JOHNSTON three hundred and seventeen & 96/100 Dollars; to WILLIAM E. JOHNSTON three hundred dollars; To DANIEL B. JOHNSTON two hundred and seventy nine & 85/100 Dollars; to ROBERT F. JOHNSTON one hundred and thirty three dollars; to WALTER E. JOHNSTON one hundred and seventy & 65/100 Dollars; to KATIE WADE ENGLISH sixty seven & 10/100 Dollars. I direct that said advancement be collected and brought into contribution in the partition and distribution of my Estate among my said children and the children of my said deceased sons.

I have heretofore given to my said daughter KATIE WADE ENGLISH a piano which I did not charge to her as an advancement but the same was an absolute gift to her and I direct that it shall not be charged to her as an advancement. I desire that at the death of my wife my said daughter shall have the said bequest of five hundred dollars and in addition thereto one sixth of the residue and remainder of my estate as heretofore provided, accounting only for said advancement of sixty seventy & 10/100 Dollars.

Ninth: - It is my will and desire and I hereby direct that all that my said daughter KATIE WADE ENGLISH shall receive for her sole and separate use, to be used, managed and controlled by her as she may deem proper and to be entirely free from the debts and the control and management of her present or future husband.

Tenth: - It is my will and desire and I direct that the share of my estate herein bequeathed to the children of my deceased son WILLIAM E. JOHNSTON be held by and vested in a trustee for them who will take charge of said fund and keep it loaned out at interest to good and solvent persons requiring them to execute notes therefor with good personal security. He shall not pay to said children any part of said fund or of the interest and profit thereon until they become twenty one years of age respectively. Each of said children shall receive his or her share of said fund and of the interest and profit thereon upon reaching the age of twenty one but not sooner.

I appoint J. SHUMATE as trustee for the said children of my deceased son WILLIAM E. JOHNSTON to take care of and hold and manage said fund for them as herein provided.

Eleventh: - I hereby appoint my said wife LUCY M. JOHNSTON the executrix of this my last will and testament and I direct that she shall not be required to execute a bond as such executrix and that she shall not be required to execute bond as trustee.

In witness whereof I do to this my will set my hand and affix my seal on this the 31st day of July 1889

ROBERT E. JOHNSTON (seal)

Witnesses:
M. H. DICKEY
ASA DICKEY
J. L. CAWTHORN

I ROBERT E. JOHNSTON having, in the 31st day of July 1889 made and published my last will and testament do make, publish and declare this as a codicile thereto

It is my will and desire and I hereby direct that, in case my daughter KATIE WADE ENGLISH should die before my decease or before the decease of my wife, the special legacy of Five hundred Dollars bequeathed to my said daughter in my said will, shall lapse and become a part of my estate, and at the death of my wife my whole estate, including the said legacy, shall rest in and belong to and be distributed among my children and grand children as follows to wit: - To each of my living sons, DANIEL B. JOHNSTON, ROBERT F. JOHNSTON and WALTER E. JOHNSTON one sixth thereof, to the children of my deceased son JAMES F. JOHNSTON, one sixth thereof; to the children of my deceased son WILLIAM E. JOHNSTON, one sixth thereof; and to the children of my said daughter, who may survive her one sixth thereof.

I direct that this Codicile be attached to and become a part of my said will.

In testimony whereof I have hereunto set my hand and affixed my seal on this the 12th day of October 1889

ROBERT E. JOHNSTON (seal)