Will of James C. Harris, Deceased

Proven at the May Term 1903 of the County Court of Lake County Tennessee

The last will & testament of James C. Harris, of Tiptonville, Tennessee after consultation with Atty. John E. Wells and Examination of the will I have had for several years past to wit.

1st: A decent burial and simple medium monument preferred.

2nd: All just debts to be paid at as early date as possible with any available funds that can be realized from debts due me and from notes of land without selling any of my real estate being throughly convinced by long experience and close observation that land is the safest legacy and lasts descendants longer than any other kind of property that can be left to them.

3rd: That in order to avoid sudden changes in business affairs and enterprises that I may have on hand or underway, that if carried out according to designs would be profitable, and suddenly closed up or abandoned would result in loss it is my will and desire to appoint my son, Judge Harris (who is in close touch by association and instructions with all my designs) Executor of this will and I do hereby designate, appoint and constitute him my Executor without his being required to give the bond usually required by law of Executors & Administrators, and I hereby clothe him with full authority and power to carry out all my contracts to continue and finish up enterprises already commenced or to discontinue at his discretion as circumstances may change or present themselves.

It has come under my observation often ( and to some extent my experience) that Executors & Administrators, hesitate or refuse to compromise doubtful debts, or take other property at a higher price than it is really worth for fear of being held responsible for the full debt and by failure to act or compromise loose the debt entirely and to avoid such losses, I hereby empower my executor with full power to compound debts extend time or take other property or things in such settlements for the benefit of my estate without being held liable for anything more than the actual results, or property so taken or collected.

4th: In the event of my son Judge Harris becoming incapable by death or other disabilities to perform the duties of executor, I hereby appoint my son Henry R. Harris, Bessie N. Harris, and D. W. Hubbs my executors jointly in his place on the terms, powers and condition that is given above to my son Judge Harris.

5th: By way of direction to my Executor or Executors I have prepared the foundation for (what I firmly believe to be) a colossal fortune for my descendants if carried to its final conclusion as contemplated to wit: The purchase of Reelfoot Lake and its subsequent drainage; the purchase of a great deal of cheap land that will be sought after when protected from over-flow, and the purchase of all other good land as prices that rents pay good interest. I hereby direct my Executor or Executors to expend money freely in their discretion by extensive and rapid clearing up and improving of land belonging to my estate and make the purchasers a good and valid deed to the same which shall bind all my heirs thereby, except such tracts of land here in after described and intended as a permanent legacy to wit: 300 acres in District No. 7 known as Pounds land in Lake County Tennessee. 175 acres known as Wynn Glasscock land near Davis School-house where Martin Smith and Mrs. Amick lives in Lake County District No. 2 (to avoid repetition will say that it is all in Lake County Tennessee) and will uses figures hereafter) 114 acres known as the Josh Williams Washout place in District No. 2. 96 acres 1 & BD miles N. E. of Tiptonville in District No. 2. Ad Frierson place about 450 acres. D. L. Tipton Brady & Wynn Land S. E. of Tiptonville where Lowery and Patrick now lives in District No. 2. 400 acres Anderson land in Buck Pond and Bee Water hold District No. 2. The following tracts in district No. 3 James Bradford tract 260 acres. Franklin land 400 acres. Wagoner old place 225 acres. M. Glasscock land 247 acres. Deberry land 237 acres. Purdy West heirs land 200 acres. Glass farm 500 acres. Mooring farm 400 acres. Fowler & Nall land 225 acres. East part of Bass Land 200 acres. Wrather land 147 acres. Dr. Gray land 139 BD acres. Katie Porter nee Mooring 96 acres. C. H. Haynes land 150 acres. D. Dillard place 85 acres. George Riley old place 72 acres. James Godfrey Frank land purchase 51 acres. 40 acres Wood part of Katie Mooring dower adjoining the 51 acres. The following lying in District 4, Barber Bandy land 90 acres. C. M. Peacock's wife's land 140 acres. Peacock Crockett land 150 acres. Peacock Pollock place 200 acres. Peacock School-house tract 135 acres. Nobles Willbanks place 122 BD acres. Burrus old Gin tract 20 acres. Burrus Bayou tract 100 acres. The following lying in District 5. Rosellus tract 23 acres. Lemonds land 200 acres. Feazel Neal tract 50 acres. Feazel North tract 188. Burrus land 50 acres. Peacock Barber land 40 acres. Baker land 985 acres. Porter land 269. Hutchinson & Hawkins land 612 acres. Arnett survey 2242 acres. Howard land 150 acres. Truss land 100 acres. Turner land 400 acres. Howard land 150 acres. Truss land 100 acres. Turner land 400 acres. Howard-Godfrey, Frank & Co. land 100 acres. In District No. 8. McCorry land 750 acres. W. J . Harper land 700 acres in District No. 8.

The above described land mentioned I desire to be held in common and the rents arising from the same to be equally divided each year between my 4 children: H. R., Bessie N., Judge Harris & Mary P. Hubbs and their descendants.

The Executor or Executors nor the 4 heirs named are not authorized to sell any of the named land above named except they may sell town or village lots for building purposes or for School-house or Church purposes or they may sell or donate rights of way for railroads and town or city parks & that in their judgement the public welfare may require and such deeds the Executor or executors are authorized to make and shall be binding on all.

6th: The land mentioned and specified in section 5 is the most valuable part of my estate though not the largest and it is not my intention or desire that it be interfered with or broken up. And it is intended for an annual income and support for my children and descendants, at the same time I recognize that families do not always agree and I do not make the holding of this land absolutely binding if they should desire some time in the future to divide it up, but I do desire if they divide it at all that they do it themselves without litigation, and to avoid that near as possible and to make it risky, I do hereby declare it to be my will and desire that a Majority of the interested heirs to that part of my estate at this time or in the future shall rule and govern the matter of division of said legacy so set apart, and anyone of them or minority of them who may endeavor to break this will in any manner or part or try to force a division by law VS the will of a majority of my heirs interested shall pay the cost of the litigation no matter how it may be decided including attorneys fees for the defense such fees to be adjudged as reasonable by the trial judge in the cause upon final hearing and my reason for this clause is, that I am sure the income from my estate will afford an ample supply of all comforts of life with some luxuries to and for all my descendants. And if a spend thrift should get into the family or originate in or from the family (and they sooner or later will appear) who may desire to break into and waste the principal estate, that they should pay the expenses without cost to others, and the attorney's fees and costs above mentioned shall be adjudged against their own distributable share or shares of my estate even in the event of success and in failure to succeed the same shall be paid out of their share of the rents or income of my estate.

7th: I have kept in my safe for more than 20 years a will and memorandum of accounts furnished my children from time to time and added codicils at different time as my heirs have died, become of age or changed their conditions by marriage and I now review the whole matter of accounts and conditions and make a sum total charging Henry R. Harris with $15,000. D. W. Hubbs and his wife Mary Pearl Hubbs, $4500 against their distributable shares of my estate with interest from the 1st day of Jan. 1900 and this does not include their mercantile or Bank Account and what-ever amount that may be due me now or in the future is to be charged against them and their share of my estate in addition, I have given my daughter Bessie 1 lot in the town of Tiptonville worth ($500) which is not chargeable to her share of my estate, it being given or donated to her as compensation for extra care of her mother and only mentioned as it is a known fact I give it to her and I want to explain what was for. And I further bequeath to her ($500) per year to be paid out of my estate from the 1st day of January 1902 for the same attention so long as she may or does perform such services. My son Judge Harris has not received anything but on the contrary is entitled to receive for services rendered me in the past and to date ($5000) from my estate unless pay him myself which if done will be duly charged up to him.

8th: I hereby make the allowance to my Executor or Executors as the case may be for the services to be rendered in renting out land and collecting rents a commission of 5% on all money collected and paid out for land developing purposes or distribution in addition to expenses of overseers and superintendents that may be necessary to employ.

9th: I now state that I am in good health and of sound mind and make this my last will & testament deliberately and without any undue influence or prejudice for or against anyone of my children, hereby revoking all other wills made by me heretofore, and I hereby request my friends, M. Glasscock & P. Davis to subscribe as witnesses to same at Tiptonville, Tennessee, this March 15th, 1902

James C. Harris

Attest:

P. Davis

Melvin Glasscock

Reexamined July 11th, 1902, and think it is about as good as I can make and the agreement made with Henry R. Harris on the 9th of July induced me to open the envelope to see if there was anything in the will to conflict and there being none except the transfer of his Burnett land makes a permanent legacy that much more and it is to be added to the other tracts mentioned

James C. Harris

1st Page Of Codicil

Tiptonville Tennessee, January 30th, 1903

A codicil to be added to the foregoing last will and testament of James C. Harris dated 3/15/1902, Witnesses by P. Davis & Melvin Glasscock and re-examined July 11, 1902 and both signed by me at the dates thereof and this codicil is added as amendment and additions to said will after thorough examination and consultation with my Atty. John E. Wells on yesterday the 29th of January 1903, who suggested that the description of the various tracts of land set apart

as a permanent legacy in section 5 of said will and other tracts added by this codicil would be better and more specifically described by giving reference to the deeds from the parties of whom I obtained the said lands and Real Estate for particular descriptions so far as can be done with reasonable convenience to wit: 300 acres deed from Wm M. Pounds November. 27, 1891, Registered Book B pg 85 and also C. E. Arnold and wife Book E. pg 190 dated May 19, 1897 the remainder of the W. J. Wynn purchase of 230 acres and M. Glasscock land now about 175 acres surrounding Davis Chapel School house one of which deeds is dated September. 16, 1884 and Registered Book B. pg 549, 144 acres I. S. Williams and wife deed dated December. 14, 1874 Registered Book A pages 344 & 345, 96 acres deed for 100 acres from W. J. Jackson and wife February 2, 1874 Registered Book A. pgs. 250 & 251 called now Frierson place. 450 acres being the old place D. L. Tipton lives on for many years and continuous? Land south of the same deed from various parties Wynn Brady some? dated Jan. 3, 1887, Nov. 21, 1887 and Registered Book C pg 94 & 176. 430? Acres W. H. Anderson deed dated August 28, 1878 and registered Book B pgs 19 & 20. 260 acres R. S. & C. G.? Bradford deed dated September 19, 1874 is 400 acres Registered Book A. pgs 298 & 299. 400 acres Franklin land C. H. Haynes deed dated June 2, 1899 Registered in Book E pg 519. 259 acres David? Wagoner & wife deed dated November 24, 1886 and Registered in Book C pg 87. 247 acres M. Glasscock & wife dated April 12, 1893 Registered Book E pg 39. Deberry land 237 acres is a division of Neville? Estate to my wife deed from all my children together with 100 acres adjoining my Glass farm in District 3 and 50 acres north of said farm in Dist 7 of Lake County which said deed will be put on record. 200 acres of the West land deed dated February 25, 1897 and Registered Book D? Pg 164?. 400 acres John W. Glass & others deed September 19, 1888 Registered Book C pgs 257, 258, 259. 500 acres Katy S. Mooring and many others deeds variously dated from 1880 to 1900. Katie's being dated October 15, 1883 Registered in Book B pg 443. 275 acres Guy? Fowler farm Nall? Bolter & Albert Nall land various deeds lying south of Glass farm, north & east of old George Riley tract of land. 200 acres off the east end of the Bass land J. S. ? Ferguson? ___ deed to 640 acres dated January 15, 1880 Registered Book B pg 240. 147 acres of Wrather land decree of court title lying east of Mooring farm and west of 150 acres bought off C. H. Haynes. Dr. Gray 139 BD acres (Page 2 of Codicil) deed dated July 7,1900 and Registered Book F pgs 132, 133, 134. 96 acres H. C. & Katy his wife bought off them in October 1901. 250 acres bought C. H. Haynes & wife December 27, 1900 and December 1902 one Registered Book F? Pg 173. D. Dillard 90 deed dated January 13, 1899 Registered Book E pg 448. 72 acres George Riley place. 51 acres in District 3 and 100 acres District 5. Godfrey F & Co ? Arnett land purchase in deed of Rhea? Trustee February 4, 1902 Registered __ Book & Page. 90 acres C. B. Barker? & wife Book E. pg 259 and P. Davis Trustee December 27, 1898 Book E pg 436. 150 C. M. Peacock & wife Book E pg 259? Deed October 10, 1894 Registered Book D? Pg 350. 107 acres Senter? __ November 11, 1892 Registered in Book D pg 133. 175 acres-240 acres in District 4 and 40 acres District 5, 50 and 160 acres District 3 __ P. Davis Trustee deed dated January 4, 1892 Registered Book E pgs 102 & 103. 122 BD acres B. F. Dickinson __ deed January 11, 1873 Registered Book A pg 162. Burrus gin tracts 20 acres Bayou tract-100 in District 4 and 50 acres in District 5. See Mrs. Mary Burrus deed dated December 22, 1898 Registered in Book E pgs 387 & 388. 23 acres Rosellus tract. 200 acres John Lemonds tract court decree Registered pg 371 in Book E. 50 acres Neal & wife deed dated December 24, 1883? Registered in Book B pg 476. 200 acres W. A. Feasel deed __4/98 Registered in Book E pg 275. 978 acres Love? Baker & others deed May 29, 1894 Registered in Book D pgs 325, 415. 269 acres H. C. Porter deed October 30, 1900 Registered Book F pg 143. 612 acres Hawkins? & Hutchinson deed May 4, 1900 Registered Book F pg 97. 2242 J. ? D. Arnett & wife deed to Judge Harris October 4, 1899 Registered Book F pg 7. Also Judge Harris deed to me . 150 acres G. W. Howard? Deed November 11, 1901 Registered in Book F pg 210. 100 acres Truss & wife deed January 26, 1899 Registered Book E. pg 462. 400 acres J. A. & R. S. Turner deed March ? 8, 1901 & July 22, 1901 Registered in Book F pg 211 & 257?. 750 acres M. Curry? Land deed dated January 20, 1899? Registered Book E pg 449 (leaving off for sale the 700 acres mentioned in Section 5). And adding thereto and hereby 160 acres the well known Jordan H. Thompson place deed now in Registers office. 93 acres bought off A. S. Hines? deed now in Registers office known as the Drake place. 2200 acres D. B. Burnett land see his deed to H. R. Harris February 1901 and also H. R. Harris deed to me. 200 acres recently bought off B W. Flemings in District 3 deed in Registers office. 60 acres G.? J. Hill land in District 4 decree of County Court of Lake County, Tennessee and 35 acres Raulston? Place in District 4. Total number of acres 15, 516 acres be the same more or less that I may be seized and possessed of at the time of my death, I hereby bequeath to my 4 children above named in the latter part of section 5 of said will to be held in common so long as any one of the four children shall be alive and (Page 3 of Codicil) in the event of either or any part of them dying without leaving any living children or grandchildren the interests of the same in and to said estate shall revert to and be invested in the survivors of my children and their bodily heirs and at the death of the last one of the four children named to wit Henry R. Bessie N. and Judge Harris and Mary P. Hubbs said Real Estate may then be divided up or sold for division among the entire descendants and bodily heirs of the said four children aforesaid that may be living at that time per capita who shall inherit the title in fee simple and share alike. The top lines of this page 3 provides for the disposition of said property in the event one or more of my children should die leaving no issue but as suggested by Atty John E. Wells it makes no provision for one or more who may die leaving a child or grandchild alive, and this addition is added to explain my intention to be that the rents and income from said property shall be distributed to the four children H. R., Bessie N. and Judge Harris and Mary P. Hubbs or to their descendants during the life of any one of the four children unless one branch or more of the four should become extinct ? and in that event the same shall revert to the others. Closed this January 31, 1903.

James C. Harris

Attest:
P. Davis
John E. Wells

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