Last
Will and Testament of
J. W. Clift
I,
J. W. Clift, of Soddy, Hamilton County, Tennessee, while physically in feeble
health, yet of sound mind and disposing memory, do hereby make and publish this
my last will and testament.
First:
I will and direct that all just debts, if any, I owe at my death be paid
out of any moneys on hand at my death, or out of the first moneys coming into
the hands of my executor hereinafter named, belonging to my estate, including
funeral expenses.
Second:
I will and bequeath to my beloved children, Mrs. N. E. Miles, William
Clift, Wallace Clift, Joseph W. Clift and Mrs. E. Aldine Newberry all my
property belonging to me at my death, both real and personal or mixed wherever
situated. The real estate belonging
to me is situated in Hamilton County, Tennessee and Rhea County, Tennessee.
That in Hamilton County, except my life estate in certain properties, the
remainder interest in which has heretofore been conveyed by deeds to my
children, consists of an undivided interest in some remnants of what is known as
the twenty thousand acre survey, and in land bougth from Jones's heirs.
That in Rhea County is covered by grant No. 40669 from the State of
Tennessee to William Clift, who by deed of date September 6th, 1883 conveyed the
lands embraced in said grant No. 40669 to myself and three brothers, R. B., M.
H., and J. J. Clift, which grant and deed are registered in the Register's
office in Rhea County, Tennessee. Also
my interest in what is known as George Shuster Grant No. 19002 for three hundred
acres. The lands in this latter grant are embraced in grant No.
40669. Also an interest in the
various tracts of lands or the proceeds that may arise from the sale thereof, in
said Rhea County, the title to which or the mineral rights therein is in M. H.
Clift, Trustee, as shown by sundry deeds conveying the same to M. H. Clift,
Trustee, by which he is given full power and authority to sell and convey the
said lands, or mineral rights, or interests therein. My interest in said lands or mineral rights, the title to
which is in M. H. Clift, Trustee, or rather in the proceeds arising from the
sale thereof, being one-fourth of three-fifths of the same, or the proceeds
arising from the same.
Also
all my bonds consisting of about Four Thousand ($4000.00) Dollars of bonds of
the New Soddy Coal Company and deposited in the Citizens Bank and Trust Company
at Chattanooga. Also all my stock
in the Evansville Coal Company, a corporation with it chief office in Soddy,
Tennessee, property citus near Evansville, Tenn.
Third:
It is my will and I direct my executor hereinafter named to, in
distributing said property or the proceeds arising therefrom that my son William
be charged with one Thousand ($1000.00) Dollars more than the other devisees
heretofore advanced him more than to the other devisees in order to equalize all
in the final distribution of my estate, and he will receive nothing until the
others have been equalized with him in the final distribution.
Fourth:
It is my will and I direct that in the distribution of my estate by my
executor, that my son Wallace shall not be charged with any money heretofore
furnished him by me, as it is my will that the same be set off against the time
and services rendered by him in looking after and caring for this beloved mother
during her long sickness and helpless condition.
Fifth:
I hereby nominate and appoint by beloved son, Joseph W. Clift, sole
executor of this my last will and testament, hereby conveying setting over and
vesting in him the absolute title in and to all property, real or personal, or
mixed, which I may own at my death, with full power and authority to sell and
convey the same by deed or otherwise, as may be deemed necessary and proper by
my said executor as fully as I could do if I were living and doing the same in
person. And having the utmost
confidence in him, and that he will carry out faithfully and honestly, the
provisions of this my last will and testament to the best of his ability.
He will not be required to give bond as such executor, the same being
hereby expressly waived.
Signed
by me by Mrs. N. E. Miles, who signs my name hereto by special authority aand
direction, and which is acknowledged as my signature in the presence of T. H.
Newberry and C. W. Abel who are especially called by me to witness this my will,
and who sign the same as witnesses in my presence, and in the presence of each
other.
This
the 19th day of November, 1907
J. W. Clift ( his x)
By N. E. Miles
We,
T. H. Newberry and C. W. Abel, having been especially requested by J. W. Clift,
the maker of the foregoing will to witness his signature add execution thereof,
hereto sign the same as witnesses in his presence, and in the presence of each
other, and in the presence of N. E. Miles who was in our presorce authroized to
sign the name of J. W. Clift, the maker of said will thereto, as his act and
deed and will, he then acknowledging the said signature by N. E. Miles as his,
and for the purposes of executing his said will, he being by affliction in his
right hand unable to sign his name thereto himself.
This
the 19th day of November, 1907
T. H. Newberry
C. W. Abel
Filed
April 6, 1910
Pro. Rec. #13/742
Hamilton
County, TN
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