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