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J. W. Daniel
Whereas, I, J. W.
Daniel, am considerably advanced in years, and fully recognize the
uncertainty of life and the certainty of death; and whereas it has pleased
an all wise God to permit me to accumulate some property as and while I
have journeyed through this life, and also to have a family of children
and a wife, some or all of whom may out live and survive me; and whereas I
am desirious (sic) of making some divisions of my property among my
children, while I am in the right use and exercise of my best judgement,
and am now sound in both body and mind, apparently, in such way that the
laws of decent and distribution might not be fully sufficient to meet in
the division of my property among my said children, Now (as written).
Therefore I, J. W.
Daniel, a resident of Crooked Creek, Near Daniels Landing, being of sound
mind and disposing memory, do make and publish this as and for my last
will and testament, hereby revoking all other wills and testaments by me
at any time heretofore made of whatever kind or character.
I
I hereby direct and
request that all my just debts, including funeral expenses and expenses of
administration be paid by my executors.
II
I have this day by a
warranty deed conveyed to my two sons, C. A. Daniel and W. L. Daniel two
tracts of land now owned by me. The first embracing what is known as
Daniels Landing and all buildings and improvements of every kind now on it
and several acres of tillable lands, lying on the east bank of Tennessee
river just below the mouth of Crooked Creek just North of and adjoining T.
C. Britts lands; and also one half, the South end of a timber tract of
land owned by me lying in the hills about one half to three quarters of a
mile east of Tennessee river, this conveyance made however so as to retain
all the rents of said realty so conveyed to them by me, during the
remainder of my natural life, and then in the event my wife should out
live me, they are to take absolute and unconditional control of said
lands at once upon my death and pay to my beloved wife during the
remainder of her natural life the sum of one hundred and fifty dollars per
year as long as she may live, as rents on said property, this being the
full amount they are to be compelled to pay to her on said property, or in
the event I should outlive her, then at my death they are to take and have
the full and absolute control and management of said property at
once upon my death, as in the other event of her out living me. And I now
wish to fully confirm and ratify this conveyance in the equalization
and division my property among my children as I think and wish it to be
made. This property thus deeded to my two sons C. A. Daniel and W. L.
Daniel shall constitute the full and entire amount which they are to have
and receive out of and from my estate, at any time, and should they die
before I do and leave any children who may take as their heirs, then their
said children no to have or receive any other amount out of my estate
other than what is deeded to the said C. A. Daniel and W. L. Daniel,
except what may be allowed them as my executors as fees therefore.
III
I further give,
devise and bequeath to my beloved wife, Martha Daniel, in the event she
should out live and survive me as my lawful widow, out of the remainder
and residue of all my property which may be left after deducting
from it the property thus deeded to my two sons, C. A. Daniel and W. L.
Daniel put such property and rights in both quality and quanity (sic) in
my property as she would take according to law in the event she should
survive me as my said widow, it being my intention and desire to give to
her with out stricting (as written) in any way, fully all the law would
allow her.
IV
I next give, devise
and bequeath, all the rest and residue and remainder of my property of
whatever kind and character and where ever located, which I may die seized
and possessed of, to the remainder of my children and those who may stand
in the place of my children and represent a parent who is my child, So as
to divide such remainder and residue of my said property among all the
remainder of my children equally. And it is my will, desire and request
that this property devised to the remainder of my children shall descend
to them and be taken by them, and they shall come into the control and
possession of the same, and dispose of the same in the same way, manner,
time and form as they would inherit same under the laws of inheretance
(sic), it being my intention to leave the management, control and
disposition of the property so devised to the remainder of my said
children to their own best judgment and discretion, provided such judgment
and discretion shall be at all times exercised so as to fully recognize
the rights of the said C. A. Daniel and W. L. Daniel in and to the
property this day deeded to them, and also so as to recognize all the
rights of my said wife Martha Daniel in and to said property, in the event
she should out live me.
V
I do hereby nominate
appoint and fully constitute my two sons, C. A. Daniel and S. W. Daniel
(as written) joint executors to this my last will and testament, and
excuse them from the execution of any bonds it being my intentions to
empower them to carry out the provisions of this my last will and
testament with out being burdened with the execution of a bond, they to be
the sole executors of this will and testament.
In witness where unto, I here unto set my signature, this the 2nd day of
November 1914.
J. W. Daniel
Signed by the said J. 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, and in the presence of each other, have subscribed our
names hereto as attesting witnesses, the day and date written above.
Henry Ledbetter
W. H. Young
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