Last Will and Testament of 
James Brown Shirley

Know all men by these presents that I[,] James Brown Shirley in the County of James and State of Tennessee forever Being of sound mind and disposing mind and memory do make and publish this my last Will and Testament.

 

1st - I give bequeath to my Beloved wife Mary Shirley all the Personal Property so long as she lives or remains by widow. Consisting of Stock of all kinds, Farming utensils, money, notes, accounts, rents and all debts of wich [sic] I may die owner Possessed whereon situated without to limits or boundries of State or County tines.

 

2nd - I Give bequeath to my wife all real estate in lieu of a dowrey. All lands and rents that I may die owner of for her use and educate my my [sic] children So long as she lives and remains my widow.

 

3rd - It is my will that all my Just debts Burriel expence & recording this will be Paid out of the rents & personal property.

 

4th - I Nominate and appoint my wife Mary Achsah Shirley and Thomas G. Andrews of Tipton [marked out] Upson County Georgia My Executors, Guardians and Administrators of this my last will. My will is that my wife & Thomas G. Andrews Shal [sic] not be required to give any bond or security to the Judge of Probate for the faithful Execution of the duties of Executrix, Guardian or Administrators.

 

5th - It is my Will and desire that at the death of my wife Mary A. Shirley or at anytime when She may arrange to relinquish her life interest in the above mentioned real estate or she marries, It is my will the same lands monev rents go to my Four children Thomas, James, Homer and Addie Josfin Shirley or any children She may have by me or to the lawful heirs of each.

 

6th - At the death or marriage or relinquish of the lands. I have 'will' to my wife during her life time or marriage I give desire and bequeath as follows.

 

7th - I give unto my daughter Addie Josefin Shirley One Gold Watch I have. Also one third of all the land lying East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. The line Starts at the road at the McDonald lane running East to the North East corner thence South with the Green line to a stake thence west to the road thence north to the Starting Stake. So as to include one third of the land. I give to her during her lifetime and then to her lawful heirs and at her death said land reverts back to Thomas, James and Homer Shirley.

 

8th - I give devise and bequeath unto my son James Shirley one silver watch [scratched out] almwaith [?] one third of all my lands East of the road leading from Ooltewah to Georgetown, Tenn. comencing [sic] at the road running East with Addie, J. S. to the Green line. Thence South so as to include one third Thence west to the road thence north to the Starting point.

 

9th - I give devise and bequeath unto my Son Thomas Shirley one third of all my land East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. commencing at the road and running East with James Shirley's to the Green line Thence South to the Cate line Thence west across Savannah Creek to the Creek Thence North with the meanderings of the Creek to the Bridge Thence along the road to the starting point.

 

10th - I devise and bequeath unto my Son Homer Shirley all my lands lying west of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. wich [sic] includes the House where I am now living.

 

11th - It is my will in case any children is born from my wife and me they Shall Share alike.

 

12th - It is my desire [scratched out] Will in case my wife dies that my Son Thomas Shirley when he became at proper age be appointed Guardian for the minars [sic] children without bond or security

 

13th - It is my will that if any of my children dies I before they arrive at proper age their interest goes to the surviving children

 

In witness where of I, James Brown Shirley, The Testator have to this my last will and Testament Set my hand and Seal this Twenty Third day of October A.D. 1888.

Signed Sealed              James Brown Shirley [LL]

 

Published and declared by the above named J. B. Shirley and for his will and Testament in the presence of us who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said Testator and each other.

H. H. Brown

T. N. Scoggins

J. C. Dill

State of Tennessee

James County     

 

I, D. McCallister clerk of the county court in and for county and State aforesaid do hereby certify that the foregoing is a true & correct transcript as apears of record in my office. Book 2 Inventories and Wills Page 66 & 67.

Witness my hand at office Jan 9 1902

D. McCallister, Clerk