In the Name of God Amen.

I THOMAS J. TALLEY of Dyer County Tennessee being solemnly surpressed of the uncertainty of life and the certainty of death, do make and publish this my last will and testament hereby revoking and making void all others by me here to fore made (if any). It is my will and desire first - that all my just debts, burial and funeral expenses be paid.

And secondly it is my will and desire that my beloved wife PERMELIA C. TALLEY have the free and unreserved control of all my property, including money, chosen in action, personal and real property of which I may die seized and possessed *unless it be necessary to resort to the same to pay my just debts &c) during her unmarried state with the restrictions and modifications (if any) here in expressed. If she marries before my youngest child becomes twenty one years of age then it is my will and desire that she have one third in value of all the land of which I may died seized and also a childs parts of my personal property to be and enure to her use and benefit during her natural life only but at her death it is my will and desire that the remainder in said one third of my real estate and said childs part of my personal property so given to her in case of her marriage be equeally divided amongst my children that may be living at that time or in case some be dead leaving children then the children of those that may be dead are to have the share that the deceased child would be entitled to (if living). If my beloved wife should marry as afore said before my youngest child becomes of age the balance of my estate not already disposed of in that event I wish divided equeally amongst my children then living share and share alike, and in case some be dead leaving children then the children of those that may be dead to have the share that the deceased child would be entitled to if living. If my beloved wife should not marry again it is my will and desire that she have the free and unreserved control of all my property until my youngest child becomes twenty one years of age, but then my will and desire is that it be divided in the following manner to wit: She is to have one third in value of my real estate and a child part of my personal estate to be and enure to her use and benefit during her natural life, but at her death the remainder in said share to be equeally divided amongst my children, then at her death living and in case some be dead leaving children then the children of the desceased child or children to have the share that the deceased child would be entitled to if living. And the balance of my estate at the time I want equeally divided amongst my children then living share and share alike, and in case some be dead leaving children then the children of the deceased child are to have the share that the deceased child would be entitled to if living. I now own one negro woman named NANCY aged about twenty eight years. It is my desire that if I do not dispose of her before my death and invest the proceeds, that sh ebe sold as soon after my death as possible at private sale by my Executors and Executrix to the best advantage and the proceeds vested in a negro girl which must be held subject to the provisions of this will in the same way that NANCY would if not sold. I now own one hald as tenant in common with LUCY MORRIS of about five hundred and thirty six acres of land which lies near where I now live in Dyer County. If I should not sell my interest in said land and vest the proceeds in land suitable for a home for my wife and children before my death it is my will and desire that as soon as said land can be sold for a good profit that it be done at private sale by my Executrix and Executors or such as may qualify, and the proceeds vested in other land suitable for a home for my wife and children which when purchased shall be subject to the spirit and intention of this my last will and testament as if owned by me at my death or if I should sell the same and die, and die before the proceeds are vested then I want the proceeds vested as aforesaid. It is my will and desire that the proceeds be vested in whatever location that my beloved wife may desire, but where ever located it is to be held and disposed of in different events as directed herein as if I had died seized and possessed of the same. I here by nominate and appoint LORENZO? WATKINS, GEORGE W. TALLEY and my beloved wife PERMELIA C. TALLEY the Executors and Executrix of this my last will and testatment and vest them or such of them as may qualify with authority and power to execute and carry into effect the powers here in to them granted.

Witness my hand and seal this the 28th Sept. 1857

THOS. J. TALLEY (seal)

We the undersigned witness to the foregoing will saw the said THOS. J. TALLEY sign and acknowledged the foregoing will and testament, for the purposes there in contained, and bear witness to the same at his request in his presence, and in the presence of each other this the date above.

Attest
R. W. PEACOCK
W. J. MAHAN
H.W. VAUGHAN

State of Tennessee
Dyer County Court

June Term (1st day of term) 1860

This day a paper writing purporting to be the last will and testament of THOMAS J. TALLEY deceased was produced here in open Court and R. W. PEACOCK and H. W. VAUGHAN two of the subscribing witnesses there to came here into open Court, and being first duly sworn, depose & say that they were personally acquainted with the said THOMAS J. TALLEY that he executed signed sealed and published said paper writing in their presence, and for his last will and testament on the day it bears date - that he was of sound mind and disposing memory - that he specially requested them to bear witness there to and that they subscribed the same as witnesses in his presence and in the presence of each other.