Last Will and Testament of Thomas Shirley
County
Court Monday Aug. lst, 1887.
Ooltewah
James County Tennessee.
Court
was opened persuant to adjournment. Present and presiding, E. E. Clingan,
Chairman. When the following proceeds were had and entered of record.
TO
WIT:
A
paper writing was presented in open court. Purporting to be the last will and
Testament of Thomas Shirley, and four subscribing witnesses to the same. Having
appeared in open Court, namely, J. L. Varnell, J. D. Shropshire, Hix Padget and
Rufas Padget, and being duly sworn according to law deposed and said that they
were acquainted with Thomas Shirley and that he specially called them to witness
his signature and acknowledgement to the paper writing and that he was at the
time of so doing of sound mind and disposing memory, and that the same was for
his last Will and Testament. It is therefore ordered and directed by this Court
that the same be admitted to probate and published as the last Will and
Testament of Thomas Shirley (which is in the following words and figures.)
TO
WIT:
Know
all men by these presents, that I, Thomas Shirley of Ringgold in the County of
Catoosa and state of Georgia, former being of sound disposing mind and memory,
do make and publish this my last Will and Testament.
lst
- I give and bequeath to my son James B. Shirley all of my estate, both real and
personal of which I may be possessed at my death. With the following exceptions.
To my grandson George O. Cate, Jr. I give and bequeath the sum of one hundred
dollars.
2nd
- I give and devise to my beloved wife Julia Ann a good and Comfortable support
for life out of my estate.
3rd
- I give and devise to my son James B. Shirley any and all estate[,] estate in
lands or personally which I may acquire after date of this will after payment of
my debts & legaciese.
4th
- I ordain and appoint James B. Shirley as executor of this my last Will and
Testament. In testimony where of I have here unto set my hand and seat and
publish and declare this to be my last Will and Testament. In the presence of
the Witnesses named below. This January 25th in the year 1873.
Thomas
Shirley [seal]
Signed,
sealed and declared by the said Thomas Shirley as and for his last Will and
Testament in presence of us, who at his request, and in his presence and in the
presence of each other have subscribed our names as witnesses hereto.
A.
J. Robert
W.
S. Inman
W.
L. Whitman
J.
L. Varnell
J.
D. Shropshire
Ferdinand
Jett
This
February 13th 1883
Dr.
T. A. Esman
Hix
Padget
Rufas
Padget
I,
Thomas Shirley do now and hereby make and declare this as a codicil or
supplement to my present and subsisting Will Signed and dated by me on 25th day
of January 1873 and duly and legally witnessed by A. J. Roberts, W. S. Inman and
W. L. Whitman and which said Will is as follows.
TO
WIT:
Will.
Know
all men by these presents, That I, Thomas Shirley of Ringgold in County of
Catoosa and state of Georgia. Former being of sound disposing mind and memory do
make and publish this my last Will and Testament.
1st
- I give and bequeath to my son James B. Shirley, all of my estate both real and
personal of which I may be possessed at my death. With the following exceptions.
To my grandson George A. Cate, Jr. I give and bequeath the sum of one hundred
dollars.
2nd
- I give and devise to my beloved wife, Julia Ann, a good comfortable support
for life out of my estate.
3rd
- I give and devise any and all estate in lands or personally, which I may
acquire after day of this will and after payments of debts and legalies.
4th
- I ordain and appoint James B. Shirley as executor of this my last Will and
Testament.
In
testimony where of I have here unto set my hand and seal and publish and declare
this to be my last will and Testament in the presence of the witnesses named
below this January 25th in the year 1873.
Thomas
Shirley [seal]
Signed,
sealed and delivered by the said Thomas Shirley as and for his last Will and
testament in presence of us, who at his request and in his presence and in the
presence of each other have subscribed our names as witnesses hereto.
A.
J. Roberts
W.
S. Inman
W.
L. Whitman
Terms
of this Codical or Supplement are as follows:
lst
My beloved wife Julia Ann, having died the said demise and bequest in her favor
is revoked and recalled and in no sense is to be deemed or held a charge upon
the land or other property bequeathed by my said Will above copied to James B.
Shirley.
2nd
I do in all other respects ratify and confirm said Will of which the above is a
copy.
3rd
I declare in addition to the Statements in said Will contained That the lands
and real estate amended to be therein devised be mainly in James County,
Tennessee and on and near the waters of Savannah Creek, and through which the
road from Ooltewah in James County, Tennessee to Georgetown at the Meigs County
line runs past, and being know as the Shirley lands and above which I once had a
lawsuit in the Courts of the United States with Peter Monger and is now being
occupied by Tennants, and embrace eight hundred (800) acres more or less. But my
devise and bequest aforesaid to said James B. Shirley is not to be understood as
limited and restricted to the said lands last above referred to; but is to be
understood and is hereby espressly declared to include and embrace all the lands
of which I may die over or possessed Situated in the County of James in the
State of Tennessee and in any other County in said state and also to embrace any
and all lands and personal property which I may own at my death in any county of
the State of Georgia or any other state or Government where ever the same may
be.
4th
I also give and bequeath to my said son James B. Shirley all the moneys, notes,
accounts and debts I may die owner or possessed where ever situated without
regard to limits or boundries of State or County lines.
5th
And if anything remains of my estate not embraced in the foreging [sic]
provisions of this and the Original Will of 25th January 1873, I give and
bequeath the same real personal and mixed rents, moneys chores in action and
everything else to the said James B. Shirley. Absolutely and forever subject
alone to the payment of all my just debts and the bequest of one hundred dollars
to George O. Cate, Jr. It is proper to state I have in many years ago given to
George O. Cate, Sr. father of of [sic] George O. Cate, Jr. all I think he or his
child should have of my estate.
Signed
and sealed byme as a supplement and Codicil to my Will of January 25, 1873. In
presence of the witnesses whose names are signed as such below. This 20th day of
August A.D. 1878.
Thomas
Shirley [seal]
Signed
and sealed by the said Thomas Shirley the testator as and for his supplement and
Codicil to his will of January 25th 1873. In presence of us who at his request
and in his presence and in the presence of each other have subscribed our names
as witnesses hereto.
Maxley
Ethridge
Robert
G. Andrews
John
W. Andrews
J.
L. Varnell
J.D.
Shropshire
Ferdinand
Jett
This
February 13th 1883.
Dr.
T. A. Esman
Hix
Padget
Rufas
Padget
State
of Tennessee
James
County
I,
J. C. Heaton Clerk of the County Court of said County do hereby certify the
above and foregoing eight pages of the attached instrument is a correct
transcript and copy of the Original Will with Supplement or Codicil thereto
attached of Thomas Shirley made and published as the last Will and testament of
the said Thomas Shirley is the same appears of record in my office and the
original also on file in my office.
Witness
my hand and official seal at office in Ooltewah Aug. 2nd 1887.
J.
C. Heaton, Clerk
State
of Tennessee
James
County
I,
J. A. Hall Clerk of the County Court of said County do hereby certify the above
and foregoing eight pages of the attached instrument is a correct transcript and
copy of the Original Will with supplement or Codicil thereto attached of Thomas
Shirley made afrd [sic] published as the last Will and Testament of the said
Thomas Shirley as the same appears of record in my office and the original also
on file in my office.
Witness
my hand and official seal at office in Ooltewah Aug 19th 1916.
John
A Hall, Clerk