Will
of Kate H. Martin
Probated 1921
Transcribed
and submitted by Gary
P. Martin
jgmartin@mindspring.com
I, Kate
H. Martin (widow), of the City of Chattanooga, State of Tennessee, being of
sound mind and disposing memory, in view of the uncertainty of life and the
certainty of death, do make and publish this my last Will and Testament, hereby
expressly revoking any and all Wills by me at any time here to fore made.
ITEM I
I nominate and
appoint my son, John S. Martin, and my nephew, William A. Martin and my
daughter, Rosa Kirkpatrick Martin, to be Executors and Executrix of this my last
Will and Testament, and direct that they be excused from making the bond
required by law.
ITEM II
I desire
that my son John s. Martin and my daughter Rosa Kirkpatrick Martin shall have
the possession of my home on East Eighth Street, or the rentals derived there
from, for one year after my decease, without charge.
ITEM III
I give
and bequeath unto my son John S. Martin and my Daughter Rosa Kirkpatrick Martin
my automobile and all furniture and household goods contained in my home on East
Eighth Street.
ITEM IV
I give and
bequeath unto my daughter Rosa Kirkpatrick Martin, in trust for my niece, Nancy
Kirkpatrick, the sum of One Thousand ($1000.00) Dollars, to be held by my said
daughter in trust for the use and benefit of my said niece , Nancy Kirkpatrick.
My said trustee will use said fund for the education my said niece, in a
manner that will enable her to be self-supporting, and my said trustee is
authorized to expend all or any part of this bequest for such education, and if
any portion of it remains in her hands when my said niece arrives at the age of
twenty-one years my said trustee may continue to hold the in trust for the
benefit of my said niece, or she may, at her discretion, pay it over to mysaid
niece at any time after attains her majority.
I desire that
my said trustee be excused from making the bond and oath required by law in
connection with this trust.
ITEM V
Subject to the
foregoing devises and bequests, I give, devise nad bequeath all property, of
every description, real, personal and mixed , of which I may be possessed or to
which I may be entitled at the time of my decease, to my dear children:
May Lou Kirkland, John S. Martin, Katherine Dart, Florence Hamrick and
Rosa Kirkpatrick Martin, equality.
In case any of
my children shall die before my decease, I desire that the children of said
deceased child or children shall stand in the shoes of the deceased parents.
In case any of
my children shall die before my decease, leaving no descendants, I desire that
my remaining living children shall take equally the portion here in devised to
such deceased children.
ITEM VI
At any time
within three years after my decease, my Executors here in before named are fully
authorized and empowered, at their discretion, to sell and convey any or all of
my real estate. Said sales to be
made at such prices and upon such terms as may be in the judgment of said
Executors for the best interest of my estate, and the proceeds of such sales of
real estate as well as the proceeds of any personal property sold by my
Executors shall be distributed as here in before directed.
Subject to the
power of sale herein conferred upon my Executors, my real estate shall be held
by the devisees herein designate as tenants in common.
IN TESTIMONY WHEREOF WITNESS my hand this 26th
day of October, 1916.
Kate H. Martin
Signed by the
Testatrix as her last Will and Testament in our presence_ and we attest at her
request in her presence and in the presence of each other, this 26th
day of October, 1916.
Una S. Hammond
Dana L. Milligan
J.B. Milligan
Filed
– October 21, 1921.
Probate
Record – 22-272.