Source: Sumner County Tennessee, Oct. 1870 - April 1891, Will Book Vol. 4
At my residence in Sumner County, Tenn. this 23rd. day of Jany 1882
I: Leonard B. Fite make this my last Will and Testament and revoking any former Will. That I may in particular secure for my minor children the protection and care of those in whom I have confidence in the integrity of my Sons James W. Fite & Leonard B. Fite jun (and Thomas D. Fite, of City of Nashville. I hereby appoint them executors of my will and appoint James W. Fite as Trustee for Florence M. Fite, and appoint Leonard B. Fite Jr.: Trustee for Virginia A. Fite, And direct them at my death to take possession of all of my effects in conjunction with my other executor Thos. D. Fite) of every kind real and personal except such as is herein after mentioned as given to my beloved wife Martha C. and I empower my sd(sic) executors to sell at private sale any other real (or personal estate that may be on my farm) and convey it that I may be possessed of at date of my death on time as deemed best for interest of my children. And I direct my executors to render to Clerk of County Court of Sumner County @ detailed statement of all of my effects then on hand including what is willd(sic) to my wife and given off to my two daughters and amts? given my two sons herin(sic) specified as nearly correct as is practicable and same spread on record. I ask and direct of the Court not to require of my executors any bond with security and merely direct that they give their bonds in amount as is in accordance with the amt(sic) of the estate and request the Court make to them an allowance (moderate in amount) and for them to report to the Clerk each twelve months amt(sic) and condition of the estate. That all necessary expenses incident to management of estate be allowd(sic) them in their settlement with the Clerk from year to year and to save them from liability for intrest(sic) on moneys(sic) that may remain in their hands for a short time awaiting judicious investment for this purpose and to this end I advise & direct [pg 240] that they open a Bank account as executors and thus keep all(repeat) keep all funds as fare? as possible disconnected and seperate from their individual funds. I advise they confer with my true friend F. W. Green of Nashville as to what are judicious & safe investments. The education clothing &c of my two daughters, I direct to be under the care of their Mother and to remain with her until the youngest is eighteen years of age (unless married or dead earlier ) all of their expenses (except board & lodging ) to be paid out of their real - estate which I hereafter specifically will to if their marriage not be sufficient to meet their curent(sic) expenses then in that event it is to be furnished out of my estate and charged to each one (as the case may be) in report in settlement with Clerk of Court. The better to secure and protect my Daughters from indigence or oppression (especially if married to an improvident man) I hereby constitute and appoint my son James W Fite as trustee of my daughter Florence M. to take possession of hold &. control certain real estate hereby willed to Florence M. for her sole and seperate use and not liable for the debts or contracts of her husband, the rents and profits of it is for her maintainance and support? during her life time and after her death to descend to? her heirs. But if Florence M. should die without issue then in that event to my surviving heirs and be disposed of by my executors for this purpose I hereby will & bequeath to my daughter Florence M. my store House on College Street near to Church Street Nashville No ____ which I value at sixteen thousand Dollars ($16000.00) and direct my executors to charge this amount to her in adjuitisy?? and paying to her the balance of her prorate share of my state. Also on same term? and with the same restrictions and provisions as in will the piece of real estate to my Daughter Florence M. [pg 241] and as before stated appoint my Son Leonard B. Fite Jr as Trustee of my Daughter Virginia A. Fite. I hereby will bequeath to my said Daughter Virginia A. the farm on Drakes Creek Sumner County Tenn the same which James G. Martin & wife Mary A. deeded to me and is of record at Gallatin Tenn registered 18 August 1874 containing by survey 173&1/2 acres I repeat this tract of land is for her sole and seperate use and is not liable for the debts or contracts of her husband This farm and improvements I value at seven thousand dollars ($7000.) and likewise direct my executors to charge this amount to Virginia A. in adjusting and paying to her the balance pro-rata of my estate as provided for when she shall have married or shall have attained to her eighteenth year of age = I hereby declare it is my will & wish that my four children shall share equally & alike in the distribution of my estate and ask them to turn a deaf ear to any person who would for the sake of fees or from envy or malice prompt any one of them to disturb the letter or spirit of my will and never disgrace me and yourselves by caveling or disputing over the small estate I have left and if it should so result in the process of time that one of you should have gotten the advantage in the effects that I have willed = then please pass it by in charity and remember it was not so intended by me.
I direct my executors to erect a family Monument at Mt. Olivet on a lott(sic) I have purchased there not to cost over one thousand Dollars I desire all my family may be buried there. I will and bequeath to my beloved wife Martha C. during her lifetime my farm with all its buildings & improvements on which I now reside (306 acres) purchased of Paul Dismukes in the year 1850 and is of record at Gallatin Tenn such farming tools and implements as she may decide she has no use for and cannot use to advantage = all such tools I give to my son James W. Fite, without any charge for them to him [pg 242] I further give to my wife all the house hold & kitchen furniture Bauroch or Carriage that may be on hand one buggy horse three farm horses or mules all the hogs, sheep, cows, poultry or other Cattle that may be on hand and all the supplys provisions and provinder on hand and if any growing crops for to use or dispose of at private sale I request ther shall be no publick(sic) sale of anything belonged to me on the premises during the life time of my wife = and so to shape the use of the farm as to be of the least possible trouble to her.
The rents and profits of the farm I have intended as a comfortable support for her and my two minor children together with the annual sum here in after named until my daughters have married or have attained to their eighteenth year of age. My wife (Martha C. ) is to make no charge against my two daughters for board & lodging during the time (until eighteen years of age) and as apprehending the rents & profits of the farm may not be sufficient ?? a comfortable support for my wife & two minor children or up to the time of their mariage(sic) or eighteenth year for this reason and purpose I direct my executors to pay over to my wife annually(sic), one thousand Dollars ($1000.) as @ means of support (during her widowhood. But in the event of her mariage(sic) then this anual(sic) propria?? of money is at once to cease as @ worthy husband would feel degraded to live on as a pensioner on my money and my wife would soon have no respect for him = as such my executors are to agree with her and Husband on a fair amount to be paid for board & lodging and my Daughter or Daughters (as the case be) and pay them as may be agreed upon up to their eighteenth year of age. At the death of Martha C. (whether having married or not then the said tract of land (306 acres) with buildings, furniture and other apurtinances (sic) so fore as found? [pg 243] on hand is to revert to my heirs and my executors are to sell it and convey same to purchaser or purchasers on such time as they may deem to the interest of my heirs.
The tract of land (about 350 acres) which my Son James W. Fite, purchased at Chancery Court Sale belonging to estate of late Daniel S. Donelson in August 1871 and the same having been paid for by me as also the cedar rails & posts enclosing the entire tract & other small improvements all of which cost me about nine thousand Dollars ($9000.) in addition I have since paid for Dwelling House on it Four Thousand one hundred and fifty Dollars ($4150.) and at this time I value land and improvements worth these two amounts.
I direct these two amts charged to him as so much of pro-rata share of my estate: as is directed in regard to my Daughters In making this distribution of my estate I direct that no interest is ever to be calculated or charged to either of my children on account of real estate or moneys(sic) willed to them nor on moneys(sic) or real estate here after given to them by me.
I have given to my Son Leonard B. Fite, Jr. as follows (on 30 Sept - 1878 the House & lott(sic) No 114 on Woodland Street Edgefield Tenn: the price of vacant Lott(sic) having much declined as such I put the house & lott(sic) at five thousand five hundred Dollars ($5500.) On 1 March 1879 I gave Leonard B. in Cash five thousand Dollars ($ 5000.) On 20 Nov 1879 gave Leonard B. in Cash one thousand Dollars ($ 1000.) On 20th Oct 1879 gave him in Tenn Coal & RR Compy(sic) bonds producing to him twenty eight hundred & fifty Dollars ($2850.) In all given to him amountg(sic) to fourteen thousand three hundred & fifty Dollars ($14350.) to be charged to him as is directed in the cases of my other children.
I further direct my executors to pay to my Sister [pg 244] Dorcas R. Scott during here(sic) lifetime two hundred Dollars annually(sic) ($ 200.)
My executors will use their discretion as to amts(sic) necessary to be expended in repairs on farm & houses given to my wife Martha C.= and also to pay taxes on it all of which is to be a charge on my estate as long as Martha C. remains as my Widow & no longer.
James W. Fite as trustee of my daughter Florence M. is to exercise his judgement in the necessary repairs on the piece of property willd(sic) to her in Nashville pay taxes & insurance which repairs insurance & taxes which are to come out of the rents for as long as under his control. Likewise my son Leonard B. who as trustee of my Daughter, Jennie A. is directed to pay taxes insurance & repairs (the same as directed above to James W.) on the real estate Willd(sic) to her. As my two sons James W. & Leonard B. Jr. are of mature age & acting for themselves and have @ way for? money in their business they are empowered & directed to withdraw from the amount I have Deposit? with Anderson Green & Co. or if changed from their possession then from whatever or where ever I may have? changed the same fund to - as much as five thousand Dollars ($ 5000.) to each one and charge the Same amount to each one of them as so much distributed to them? of my estate.
All interlining done before signing witness my hand & Seal and the subscribing witnesses & done in? the presence of each other this the 23rd of January 1882.
( Signed ) L. B. Fite
T. P. Groves
W. M. Dismukes
This Codicil to my last Will and Testament [pg 245] original being dated 23rd of January 1882 that is to say I have this day given to my Son Leonard B.Fite, Jr. One thousand Dollars (& 1000.) in Cash I now direct it to be charged to him in the distribution of my estate and as heretofore direct no interest is to be charged to him. this 10th day of May 1882.
witness my hand & Seal and the Subscribing witnesses in the presence of each other.
W. M. Dismukes
T. P. Groves
This Codicil to my last Will and Testament the original will being dated 23rd of January 1882 that is to Say I have this day given to my daughter Jennie A. lott No 113 frontg(sic) on Woodland Street Edgfield(sic) (Leonard B. Fite, Jr. trustee for her) on Same terms and conditions as the farm willed to her on Drakes creek Sumner County Tenn (173 & 1/2 acres) which vacant lott(sic) No 113 I purchased of John Shelby as per his deed dated 21st of Oct 1858 and registered 1st Nov 1858 at Nashville Tenn which vacant Lott(sic) I value at fifteen hundred Dollars ($ 1500.) to be charged to her in the distribution of my estate & no interest to be chargd(sic) to her interlining before signing this 10th of May 1882 witness my hand and Seal and the subscribing witnesses in the presence of each other.
(Signed) L. B. Fite
T. P. Groves
W. M. Dismukes
State of Tennessee
Sumner County Court October Term 1882.
The last Will and Testament of L. B. Fite, deceased, was this day presented in open Court for probate and was duly proven by the oaths of T. P. Groves, W. M. Dismukes, [pg 246] and James Franklin, Subscribing witnesses thereto, And a Codicil attached to said Will was proven by the oaths of W. M. Dismukes and T. P. Groves, subscribing witnesses thereto, And @ second Codicil attached was proven by the oaths of T. P. Groves and W. M. Dismukes subscribing witnesses thereto.
Thomas D. Fite, one of the Executors named in said Will renounced the executorship of the same. James W. Fite, and Leonard B. Fite, Jr. the other Executors named in the will appeared in open Court and were duly qualified as Executors aforesaid no security being required of them as mentioned in said Will they executed their individual bonds as required by said Will.
The Will and Codicils were ordered to be recorded: And that Letters Testamentary issue to James
W.Fite and Leonard B. Fite, Jr..
Copy Attest O. H. Foster Clerk