From: Gary A. Clark [mailto:email@example.com]
Sent: Saturday, November 02, 2002 7:37 PM
To: Yancey, Dennis J
Subject: will of Lewis N. Yancy
Dennis, I'm still working on my Mattie Yancey ancestry and suspect her father, A.J. Yancey to be son of Lewis N. Yancey. I have found and transcribed the will of Lewis N. Yancey of Hardin Co., TN and am sending it for your website. I'd like Yancey researchers to have the benefit of the transcription even if I prove not to be of the line. It does seem promising though, the proximity of Hardin County to Alcorn/Tishomingo County MS.
Lewis N. Yancy's Will
I Lewis N. Yancy of the state of Tennessee and the county of Hardin, being of sound and disposing mind do make this my last will and testament hereby revoking all others by me heretofore made.
1st It is my desire and I so direct that all my just debts including my burial expenses & ??? tombstone, be paid by my executor hereinafter named as soon as practicable after my death.
2nd That my realty of which I may die possessed shall be sold by my executor without an order of, or by the process of any court, in lots or as a whole as may be deemed best by three freeholders to be selected by said executor, by and with the advise of a majority of my legal heirs, in such manner and on such terms as may be deemed best by my heirs or a majority of them. Said executor being hereby authorized and empowered to make all necessary deeds of conveyance.
3rd That after all my just debts including the expenses of winding up my estate shall have been paid, those of my legal heirs who have not heretofore received from me either money or property as much as others shall first be made equal with them. The remainder of my estate including all personal property of whatever kind I may die possessed of shall be equally divided among my heirs, share and share alike, to wit: E.G. Yancy, R.P. Yancy, A.J.
Yancy, H.L. Yancy, Lucy A. Dobbs, wife of John A. Dobbs, and Mary Letha Johnson, wife of Gavin Johnson, daughter of my deceased son John L. Yancy, subject to a provision hereinafter mentioned. Should any of my said heirs named above die before my decease, his or her heirs shall be entitled [to] his or her share.
4th That whereas I have brought suit in the chancery court at Savannah against the estate of my deceased son John L. Yancy for the purchase money of a tract of land sold by me to him, the said John L. Yancy. Now should I fail to gain said suit and collect all of said purchase money, then in that case, the said Mary Letha Johnson, the only surviving legal heir of my said deceased son John L. Yancy, shall be excluded from any interest in and to my estate here further. The said John L. Yancey in that event having received from me more than his equitable share of my estate, it being my desire to act justly towards all my children.
5th The following are the amounts heretofore received from me by each of my children which they are hereby chargeable with, to wit: E.G. Yancy, three hundred ($300.00) dollars, March 2nd 1866 and one hundred and twenty
($120.00) dollars March 14th 1874; R.P. Yancy two hundred ($200.00) dollars Sept 21st 1869; A.J. Yancy, one hundred and forty ($140.00) dollars Oct 20th 1865, one hundred ($100.00) dollars Jan 15th 1872, and fifty ($50.00) dollars Aug 15th 1883; Lucy A. Dobbs wife of John A. Dobbs, three hundred and sixty ($360.00) dollars March 27th 1866; H.L. Yancy five hundred and fifty eight & 25/100 ($558.25) dollars Oct 28th 1872; and John L. Yancy, one hundred and ninety one ($191.00) dollars March 15th 1875, fifty four and
65/100 ($54.65) dollars Feb 24th 1882, thirty five ($35.00) dollars March 14th 1881 & ninety three & 30/100 ($93.30) dollars July 6th -24th 1882.
[6th] Should I gain said suit brought against said estate of John L. Yancy deceased, then in that case, my said grand daughter Mary Letha Johnson shall be entitled to her share of my estate after my estate shall have been properly adjusted among all of my said heirs. The said charges made against my said deceased son John L. Yancy in section 5 shall be a charge against my said grand daughter Mary Letha Johnson, they not forming any part of said purchase money.
7th I herby appoint my son H.L.Yancy executor of this my last will and testament this Aug 16th, 1892
Lewis N. Yancy
Signed in our presence as witnesses and we have signed this in the testator'
s presence and in the presence of each other at his request.