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I, G. W. Daniel, a resident of Perry County, Tennessee, having
lived to reach a ripe old age, and being blessed with some property, and
of sound mind and disposing memory, and desirous of disposing of my
property in a manner which I have decided is best for me to do, do make
and publish this my last will and testament, hereby revoking all
former wills by me at (as written) any time made.
-1-
I direct that all my just debts be paid out of any property which I may
own at my death.
-2-
I have heretofore deeded and sold and given to my son, Andrew Daniel,
certain portions of my property real and personal which I wanted him to
have, and now want him to have and hereby ratify and confirm to him as
being the full and entire amount which I wish him to have of my entire
estate at my death.
I have also, heretofore, sold, conveyed, and deeded to my
grand-son-in-law, and my Grand-daughter, W. S. Dudley, and wife, Nellie
Daniel Dudley, by deed, recorded in deed book L-12, page 39, of the
Registers Office of Perry County, Tenn., dated Nov. 15, 1923, wherein a
certain portion of my real estate was conveyed and deeded to them and also
further and in addition to what was deeded and conveyed in that deed
by a deed bearing date of Jan. 19, 1931, executed just prior to the
execution of this will, I have executed to the said W. S. Dudley & wife
Nellie Daniel Dudley, two more tracts of real estate being the north end
of one thousand acre tract of land deeded to me by Thos. Young, and
all of the remainder of said 1000 acres Thos. Young tract after excluding
there from one tract of
about 500 acres on the south end of it deeded by me to J. C. Daniel and
wife and also about 75 acres more of it which was given over to my brother
G. W. Daniel, conveying in said deed to them all of the remainder of that
1000 acre tract and also all of another tract of real estate joining that
400 acres deeded to them and lying and being just east of and adjoining
the tract of land which I have heretofore deeded to them on Nov. 15,
1923, recorded on deed book R-12, page 39 and also certain personal
property owned by me and set out in said deed being a time deposit Bank
certificate on the Bank of Lobelville, Tenn. For $1000.00 date March, 14,
1930, made payable to W. S. Dudley and also a note for $400.00, executed
to me by C. A. Daniel bearing date Jan. 1, 1931, due one year after date
which was endorsed to said W. S. Dudley and wife by me and delivered to
them and also all the household and kitchen furniture of every kind and
description all plow tools and farming implements and one wagon owned by
me and also one upright piano Marshall & Mendell make, all of which
property real & personal is set out and fully described in said deed
heretofore on this day executed to them reference to which deed is here
made and I hereby ratify and confirm and formally adopt that conveyance in
said and in both deed to them so as to constitute them the owners in fee
and absolutely of all the property, real estate and personal property, set
out and described in both of said deeds according to the terms, tenor and
conditions therein set out, in so far as I now the right and authority to
do.
And I also give and bequeath to my Great-Grand-Son, George W. Daniel, son
of said W. S. Dudley & wife all right title claim, and interest which I
may have or own in and to one pair of mules which I have heretofore
conveyed to him and on which he has paid out the price agreed on, and I
also give, Grant, devise, and bequeath to him, said Great-Grand-Son, all
right title, claim, or interest which I may have in and to or won or claim
to one Chevrolet Automobile touring car, or for any money I may have given
or advanced to him to purchase same so as to constitute him the true and
perfect owner of said automobile absolutely in fee, without any
further charges or claims against him for the car or any amount I may have
paid or advanced to him to buy same.
-3-
It is my will and intention that my son Andrew Daniel shall have and hold
what I havetofore (as written) given and deeded or sold to him as his
property without having to account to any one of my heirs hereafter, and
after my death for any portion of same, or the value or cost price of
same, and that this is to be the full amount and all of my property
and estate which he shall receive, and it is also my further intention and
will that my Grand-Son-in-Law, W. S. Dudley and wife, Nellie Daniel Dudley
shall have all that I have deeded to them in the two deeds mentioned under
item two of this will as their absolute property in fee title, and
unlimited in right and enjoyment, without having to account to any one of
my heirs hereafter and after my death for any portion of same or the value
or cost price of same and that they are to have and own all of this
property out of my estate, under said
two deeds, and I wish to be understood and it is my will, wish, an desire
that they the said W. S.Dudley & Wife, are not to be required to account
to anyone of my other heirs for any portion or part of the value of all
the property, real and personal which I have deeded to them, and I wish to
be understood that it is my will and desire that what has been deed to
them is not to be considered as an advancement of any kind, but that it is
all considered and treated as a conveyance and sale, to them and
gift without having to make any further accounting to any one of my heirs
after my death for any portion of same, but that what is set out in the
two deeds is to constitute the condition and consideration and basis upon
which the (as written) take title to said property.
It is also my wish and desire that the said George W. Daniel is not to be
charged up with the value of the property herein bequeathed and devised to
him as an advancement, but he takes it without limitation and in absolute
title without having to account to any one hereafter, at any time for the
value of same.
And I hereby instruct my Executor and direct him to follow the two deeds
executed to my said Grand-Son-in-law, W. S. Dudley, and wife, in the
property which they are to receive and to follow the deed or deeds which I
have made to my son Andrew Daniel in the property which he is to receive
of my estate and to follow this will as to the property which my
Great-Grand-Son, George W. Dudley is to receive of my estate. And I want
it understood that it is my intention to convey away and dispose of all my
property of every kind and description by the two deeds to said W. S.
Dudley & Wife, and the deed or deeds to my son Andrew Daniel, and the
bequest to my Great-Grand-Son, G. W. Dudley; and that no other person or
relative or heir is to receive any portion of my estate, except as set out
in said deeds above referred to, and in and under this will and testament.
I do not want any litigation over this my last will and testament, or the
deeds of conveyance which I have heretofore executed as hereinabove set
out and is my will and desire that any one or more of my said heirs or
relatives who would be entitled to any portion of my estate, or who takes
and holds under the said deeds referred to above, or under this will and
testament, and who institutes any character of litigation to set aside or
vacate or change this will or the deed shall not have any right title or
interest in my estate.
I want it understood that is my will and desire that there will be no
litigation over my estate after I am dead, and that I am making this will
to fully explain my intentions and desires as to who shall have all my
property and how it shall be wound up. I just want this will probated and
no litigation over it, and all my property to be considered as disposed of
under the deeds which I have heretofore executed and delivered as
hereinabove set out and explained, and that this ratifies and confirms all
of what is done by the deeds, and is intended to give effect and full
explanation to said deeds, and I do hereby will, devise, and bequeath a
full adoption, ratification, and confirmation of what is done under said
deeds above referred to herein, and that G. W. Dudley shall take title to
his property as set
out in this will and testament above.
-4-
I hereby nominate and appoint Jno. A. Greer of Dyersburg, Tenn. as sole
Executor of this my last will and testament.
In witness whereunto I hereunto set my hand this the 19th day of January,
1931.
G. W. Daniel
Signed by the said G. W. Daniel as and for his last will and testament in
the presence of us the undersigned, who at his request and in his sight
and presence have subscribed our names hereto as attesting witnesses the
day and date above written.
A.
Batton
E.
L. Bandy
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