WILL OF LEVI KETCHUM - Somerville, Fayette Co., TN

In the name of Almighty God, Amen. I, Levi Ketchum, of the County of Fayette and State of Tennessee, being of sound and disposing mind and memory but fully impressed with a sense of the uncertainty of human life do hereby make and publish and declare this paper writing to be my last will and testament hereby revoking all other wills by me at any time heretofore made.

I. I direct that my funeral expenses and all my just debts be paid out of the first moneys which may come into the hands of my executors.

II. It is my will and desire that as soon after my death as practicable my entire landed estate in Fayette County consisting of the tract upon which I now reside containing by estimation about one thousand and fifty acres be valued by three disinterested freeholders of said county to be selected by my executors, that an account be taken by my executors of the advancements in money or other property which may have been made by me to either of my children so as to ascertain what would be the share of each of my children in said land including as well those to whom advancements have been made and those to whom no advancements have been made and including also my beloved wife as entitled to a child's share for life and when said accounting is so taken it is my will and desire that my executors be vested with full power and authority to make either of the following dispositions of said lands, to-wit:

1. To sell said lands at such time and upon such terms as they may deem advisable and distribute the proceeds of said sale between my wife and children deducting advancements to such as have been advanced and giving off to each of the minor children respectively their shares as they come of age or marry. 2. To retain the entire tract and allot to each of my minor children as they come of age or marry their shares respectively -- always remembering that my beloved wife is entitled to a child's share for life, and keeping an exact account so as to equalize the interests of all and equalizing the shares of those to whom advancements have been made in fractional shares of said land or otherwise, as to my executors may seem most just and expedient. 3. But if instead of the two foregoing provisions my beloved wife should prefer the following, it is my will and desire that she have her option. That is to say she may retain for and during her natural life my present homestead and the tract of land I hold under a deed of conveyance from Maurice Smith containing by estimation about three hundred and twenty acres. And in that event my executors are directed to dispose of the balance of said lands as above directed and the remainder after the termination of said life estate to be disposed of under the limitations and restrictions above stated.

III. And in estimating the respective shares of my children in the foregoing disposition of my real estate it is my will and desire that my executors take into consideration the probable expenses attending the education and maintenance of my minor children.

IV. It is my will and desire that my executors retain the lands in the State of Texas owned by me jointly with James D. Rhea (they being one tract of 640 acres held under a deed of A.B. Hardin recorded in the recorder's office of Polk County in book G, and the other a tract of "half a league and labor[?] of land" held by deed of Austin recorded in the recorder's office of Goliad Co. in Book B, page 251) for the term of five years after my death carefully attending to the payment of taxes and sending an agent to look after them if necessary; And after five years that said executors be vested with full power and authority to divide the same or sell and divide the proceeds thereof according to the directions given as to the division of my Fayette County lands equally among my wife and children.

V. It is my will and desire that all the surplus of my stock, provisions and farming utensils be sold on such terms as my executors may deem advisable after deducting enough for the use of my wife and children under the provisions of this will; But the whole of my household and kitchen furniture to be at the disposal of my beloved wife for and during her natural life and at her death to be disposed of among my children as to my surviving executor or executors may seem just and equitable.

VI. All the rest of my estate undisposed of in this will I wish held and used by my executors for the education and maintenance of my minor children, the disposition of the surplus of any to be made according with the foregoing directions.

And finally it is my special request that my beloved wife Georgiana Ketchum, my friend Madison Parker and my son-in-law Dr. Alex E. Ewell act as the executors of this my will and that they do so without being required to give other security than their own personal bonds as such executors. Given under my hand and seal this 25th day of Nov. AD 1865.

Levi Ketchum

Witnesses: L.M. Scott, J.B. Thomas, John T. Sneed

Codicil: I do hereby revoke so much of the foregoing will as restricts my executors in the sale of my Texas lands and require them not to dispose of the same under five years have elapsed after my death, and I hereby commit the matter to their sound discretion to sell the said lands at such time and on such terms as they may think best, the proceeds thereof to be appropriated under the directions and limitations of said will. And I do hereby revoke any and all provisions made for my beloved wife out of the lands of which I may die seized and possessed and do direct and require my executors to sell all of my real estate and out of the proceeds purchase a home suitable to my wife and to be selected by her of value equal to her legal dower interest in my landed estate to have to the hold the same for and during her natural life and at her death to be disposed of under the directions and limitations of said will -- or if my wife should prefer that the said investment in land should not be so large as to exhaust the whole amount of her legal dower interest in the lands of which I should die seized and possessed then I will and direct that any surplus remaining of said funds after the purchase of her home should be invested for her use and benefit and that she shall enjoy the interest thereof for and during her natural life and at her death the principal to be disposed of under the limitations and directions of said will and I further will and direct in addition to the provision in said foregoing will contained by which my wife shall have the use of all my household and kitchen furniture for life -- that out of all my personal estate and all the moneys which shall accrue otherwise than by the sale of my real estate, she shall have a child's part absolutely and in fee simple. This done under my hand and seal this 25th day of July AD 1866.

Levi Ketchum

Witnesses: John T. Sneed, W.H. Allen

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