WILL of James Lewis Webb -- Memphis, Shelby Co., TN

Being sound in mind and knowing the certainty of death and the uncertainty of life and wishing when I die to leave my wife Ariania, should she be the longest liver) in full possession of all of any earthly effects, I make this my last will and testament revoking all other wills either written or expressed.

It is my will that my wife Ariania at my death shall take possession of all of my earthly effects both real and personal, to do with as she may think best to her interest and to the interest of our children. I hereby give her full power to act in all matters as though I were living and doing the same myself, that is, to convey titles to real estate, give receipts, settle partnerships, in other words to do all things that I could do myself if I were living. I give her all this in full trust and confidence, not requiring her to give any security for the faithfull carrying out of the interest of our children, but leave it all to her. I only request but do not require it that if she should think propper to marry again that before doing that thing, that she secure to my children all that I leave behind.

My object in making my wife Ariania my unconditional and sole representative is two fold -- in the first place, we have lived harmoniously together for twentyfive years lacking a few days, and I have all confidence in her judgment and believe she will do my children justice. Secondly, I have not worldly goods enough to make a divide among my children and leave enough to the part of the young ones to support and educate them. I wish my young children to have the same advantage of an english education that my oldest have had. I do not mean that I wish them college bred as my second son is being, except there are plenty of means and the mind seems to justify it. I am no advocate for college bred young men but I am for a good thorough practical english education such as Mr. Wm. Bingham of Orange County, NC, inculcates. At present my affairs are complicated. The concern of Webb Rawlings & Co. of NC and also Webbs & Rawlings and Webb & Rawlings of Memphis are in an unsettled condition and it will require some tact and knowledge of books to see that is done properly. My wife will have to advise with such friends as she has most confidence in, at present John Lilly is more conversant with them than any disinterested party.

To recapitulate, I give to my wife Ariania Webb all and every thing that I leave behind, to do with as may seem to her best. She is not to give security but is hereby empowered to deed away real estate and to act in all things as if I were living and do it myself. All restrictions in the foregoing are simply requests. I leave all to her and her good sense and justice to my children. I will my love and hope they will so act as never look back and be ashamed of any thing they have done, but should they ever, not to be discouraged but cheer up and not split on the same rock. Given under my hand and seal this the 24th day of March 1859. J.L. Webb [Seal]

Witnesses:
J.J. Rawlings
John Lilly

Proven at March Term 1860 and ordered to be recorded.
Recorded March 8th 1860.
John Tresevant, clerk

[Note: James L. Webb was shot in the head in downtown Memphis on 3 February 1860 by his former bookkeeper, Thomas B. Mynatt.]

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