yesterday's tennessee

WILL OF ABEL RUSHING

Cannon Co., TN

ABEL RUSHIN

To Last will & Testament

Being of sound mind and memory, for which I return thanks to an almighty God, and knowing the uncertainty of human life, and desiring to make such disposition of my worly Estate as it seems to me, first and right between my wife and all my children, I Able Rushing do make and publish this as my last will and testament hereby revoking and making void all other wills, by me at any time made.

1st. I direct that my funeral Expences and all my just debts be paid as soon after my death as possiable out of any monies, that I may die possesed of, or that may first come into the hands of my Executor.

Secondly- I give and bequeath to Each of my four Grand children, (who are children of my oldest daughter Sarah Elizabeth Couch now dead & who Married Isaac Couch all of whom are now residing in the state Missouri) one hundred dollars on their becoming of age.

Thirdly I give and bequeath to my beloved wife Amanda A. the farm on which I now live, also such stock and farming implements as she may need or desire for the purpose of crring on the farm I also give her my buggy and a good gentle horse to be selected by her and my Executor. I also give to my beloved wife all my house hold and Kitchen furniture of Every Description, all of the above bequest to my wife are made to her during her natural life, and at her death to descend to my four children viz. William A. John R. & H. B. Rushing and Martha Cathcart, this bequest is subject only to the specific legacy of four hundred dollars to my Grand children set forth in the 2nd clause above and subject to these only in event there are not sufficient notes accounts or other Evidences debts or personal assets or monies on hand to pay the same. I also give to my wife Amanda A. a sufficient amount of provisions to amply provide for her mantainance for twelve months. I also give to her out of the monies on hand at my death or that may come into the hands of my Executor a sufficient sum to purchas such articles as she may need for the first twelve months after my death.

Fourth After the death of my beloved wife Amanda A. I desire and hereby authorise My Executor after advertiseing according to law to sell such personal property as may be on hand I also authorise My Executor to sell the land given to my beloved wife Amanda A. in the 3rd clause her life after advertising according to law in land sales, and divide the proceeds Equally among my four children William A. John R. H Bethel Rushing & Martha Cathcart after first paying to my beloved son, John R. Rushing five hundred dollars which I give to him out of the personal property and real Estate on hand at the death of my wife Amanda A. I make this provision in his favor solely on account of his physical infirmaties this legacy is a personal one to him, and should he die before the death of my wife, it is not to desend to his heirs.

The provision made for my Executor to sell my land, is made only in Event my four childdren named cannot agree among themselves to a division.

Fifth I give to my beloved son William A. Rushing my silver lever Watch as a Keepsake.

Sixth & lastly I do hereby nominate and appoint my son John R. Rushing my Executor to carry out the provisions of this will July 26 1879

Able Rushing

Signed, acknowledged & subscribed in our presence, and we have subscribed our names hereto as attesting witnesses in the presence of, and at the request of the testator this July 26th 1879

C. C. Brown

James A. Jones

Codicil to the will made July 26 1879

I Able Rushing since signing and making my last will, have purchased of Wm. Cathcart & Wife ten acres of land, this ten acres of land, I give at my death to my four children (or their heirs if any of them should die) viz. William A. John R. and H. B. Rushing and Martha L. Cathcart, and I desire all other property not specially disposed of in my will, which I now have or may hereafter acquire, to be Equally divided at my death, among the above named four children Equally share and share alike, this is intended as a codicil to my will made and executed on the 26th of July 1870 and not intended to change or alter any of the special bequest therein made This December 17th 1880

Able Rushing

Signed, acknowledged & published in our presence and we have subscribed our names hereto as attesting witnesses in the presence of and at the request of the testator this Dec. 17 1880

C. C. Brown

James A. Jones

State of Tennessee, July Term 1881, Cannon County

Personally appeared before me W. W. Gray clerk of Cannon County Court, in open court C. C. Brown and James A. Jones subscribing witness to the within paper writing, who first being duly sworn deposed and said that they were personally acquainted with Able Rushing during his Natural life, and that he signed and acknowledged said paper writing to be his last will and testament and the codicil also, and that they signed said will Testant & codicil as subscribing witnesses in the presents of the Testator and at his request Witness my hand at office this July 9th 1880

W. W. Gray Clerk of Cannon County Court

[In the last line, above the signature of W. W. Gray, it appears that the date should be July 9th 1881, instead of 1880. F.T.]