John Smalley's Will
Transcribed by Marylee KnightThe following document is provided courtesy of Joe Shaw of Magna, Utah. The two daughters named in the will, Mary Ann Jones and Elizabeth Jane Yarborough were both residents of Panola County at the time their father died. Mary Ann lived out the balance of her life there, but Elizabeth later moved on to Central Texas.
I, John Smalley of this county of Benton and State of Tennessee and being of sound mind and memory, and considering the uncertainty of life, do therefore make, ordain, publish and declare this to be my last will and testament. That is to say first after all my lawful debts are paid, the residue of my estate, real and personal I give, bequeath and dispose of as follows, to wit: I give and bequeath to my son Edward C. Smalley the tract of land upon which I now live and the appertains situated thereon, it being in Benton County and the State of Tennessee, on the waters of Rushing Creek. And also I give to my son E.C. Smalley all my personal estate including house hold and kitchen furniture, stock of all descriptions except one hieffer about three years old with red sides and white back in my own mark which I give to Jane Bush, and give to my son E.C. Smalley any other personal property belonging to me which has been omitted in the above lines - I give and bequeath to James P. Smalley Ten dollars and William H. Smalley Ten dollars. Also I give my daughter Mary Ann Jones Ten dollars also I give and bequeath to my daughter Elizabeth Jane Yarborough Ten dollars. I also give my son John Smalley Ten dollars - The above will is to be of no effect until after my death. Likewise I make, constitute and appoint William R. Herren to be executor of this my last will and testament hereby revoking all former wills by me made - in witness whereof I have hereunto caused my name to be subscribed and seal affixed this 15th day of November in the year of our Lord One Thousand Eight Hundred and Sixty Five.
John Smalley (seal)
Witnessed by
J.P. Dorris and John Spiers
State of Tennessee
Benton County Court January Term 1866
Then was the foregoing will of John Smalley duly proven in open court and ordered to be recorded.
A.C. Prefson, Clerk
Probate Packet for John SMALLEY; 1866; Benton County Tennessee Court Records, will dated 15 Nov. 1865, recorded Jan. 1866. Photocopy in possession of Joe Shaw, Magna, Utah.