Will, TN, Fayette, John McCarley 1846

State of Tennessee
Fayette County

Know all men by these presents I JOHN MCCERLEY being in my right mind do make and
publish this my last will and testament hereby revoking and making void all other
wills by me at any time made.

1st I commit my soul into the hands of Almighty God and my body to the grave to be
decently buried.

2nd I direct all my funeral expenses to be paid. Then I want all my just debts to
be paid as soon as possible out of any monies that I may die possessed of or may
first come into the hands of my executrix.

3rd I give and bequeath to each of my dearly beloved children as they may become of
ave the following property, to wit, one horse saddle and bridle to be worth seventy
five dollars, more or less, also 2 cows & calves, one feather bed & furniture.

4th I loan to my dearly beloved wife, during her widowhood, all of the property
that may be left, after paying all my just debts, consisting of my land, Negroes,
household & kitchen furniture, stock provision and farming utensils & c & c, to
have and to hold during her natural life or widowhood.

5th At the death or marriage of my beloved wife, I want all of my property that she
may be possessed of to be equally divided between my children, to wit: WILLIAM E.
MCCERLEY, MARY MCCERLEY, MARTHA ROBINSON, JAMES MCCERLEY, FRANCES MCCERLEY, HARRIET
MCCERLEY and my grand children WILLIAM A. JONES, JOHN D. MCKNIGHT and JAMES T.
MCKNIGHT, children of my daughter SUSAN M. MCKNIGHT, DECEASED. I wish my
grandchildren, above mentioned, to have the seventh part of the property above
mentioned placed in trust for their benefit so that JAMES MCKNIGHT, the husband of
my deceased daughter, may have no control over the same.

6th If my beloved wife should not live until all of my children shall become of
age, I want all of my children that may be living with my wife at her death to
still keep possession of my land, Negroes, household & kitchen furniture, stock
provisions, farming utensils & c until the youngest of my children shall become of
age or such time, thereafter, as the children may agree to such division. Then the
property to be divided equally between my before mentioned children and grand
children, thy three grand children having the part designed for their mother placed
in trust as before mentioned.

7th And lastly I do hereby nominate and appoint my dearly beloved wife ANN B.
MCCERLEY my executrix.




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                       Will, TN, Fayette, John McCarley 1846

In witness whereof I do to this my last will and testament set my hand and seal
this the 21st day of August, 1846.

John M. Cacrley [JOHN MCCERLEY] {seal}

Signed, sealed and published in the presence of

Test

A. WHITTEN
R. E. ROBERTSON




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                       Will, TN, Fayette, John McCarley 1846

State of Tennessee
Fayette County

November Term 1852

The following appears of record this day was produced into open court, a paper
writing purporting to be the last will and testament of JOHN MCCARLEY, deceased,
and thereupon came into open court R. E. ROBERTSON one of the subscribing witnesses
to said paper writing and who being first duly depose and say that he was
acquainted with the testator JOHN MCCARLEY and that he saw him sign, seal and
acknowledge the said paper writing to be his last will and testament and he
believes he was in sound and disposing mind and memory at the time of signing the
same and he was called on to sign the same as a witness and done so at his request
and in his presence.

JARMAN KOONCE, clerk
By M. H. THOMPSON, D. clerk




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