(16 Jul 1846)
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Last Will of Saraphina C. Love, Sister of my Father,
Robert Love, -F.D. Love
Monday October, Term 1845
State of Tennessee.
At a meeting of the County Court opened and held in the Court House in Elizabethton on the 5th day of October 1845
Present the Worshipful-
Isaac Tipton, Chairman, John Carrriger, Henry Little, George Emmet, George D. Peoples, WM. W. Smith, Thos. Gourley and Johnston Hampton Esqrs.
The last Will and Testament of Saraphina C. Love was exhibited and Read in open Court and proven by Nathaniel G. Taylor and Alfred W. Taylor, the subscribing witnesses thereto, and it is further ordered that Letters Testamentary issue to Robert Love, the Executor therein.
I, Saraphina C. Love, being of sound and disposing mind, but weak of body, and viewing the uncertainty of life, do make, ordain and establish this my Last Will and Testament. My soul, I give to God to be disposed of according to his pleasure; my body, I require my Executor, hereafter named, to have buried in a Christian-like manner.
First. In relation to such property as I am entitled to under the Last Will and Testament of my Father and Mother, as well as the rights and equities that may have rested in me as one of the heirs of, or devisees of my Grandfather, Robert Love, of Haywood County, North Carolina, and my Grandfather, Nathaniel Taylor, of Carter County, Tennessee, I will and bequeath in the following manner (towit) All the personal property under either of the Wills aforesaid, that I may be entitled to, or otherwise, I give to my brother, Robert Love, his heirs and assigns forever; under which, I include by Negro interests. Secondly. Such land and interest as I may have from any source whatever, it is my will that it may be disposed of in the following manner (towit) one-third thereof I give and bequeath to my brother Robert Love; the other two-thirds, I give and bequeath to my sister, Evalina A.S. Love, and my two brothers, Thomas D. Love and John I. Love, to be divided equally between them, their heirs, &c, &c, forever. Thirdly. I give and bequeath to my brother, Robert Love, in trust for use of my nephew Tobert A. Dulaney, one hundred and fifty dollars, to be paid over to him without interest on his arrival at twenty one years of age, but should he die before he arrives to that period, this bequest is to be null and void. Fourthly. The interest herein before bequeathed to my sister Evalina A.S. Love, I do hereby give to my brother, Robert Love, in trust for said sister, for her sole use, separate and a part from her husband, should she ever marry and should she die without issue alive, then the property to my brothers. or their heirs, to be equally divided amongst them; and should the said Robert at any time consider it the interest of his said sister, that any part or all of the land and interest herein bequeathed should be sold, he is hereby empowered to do so, and make a title to the same, and to settle the proceeds on the said Evalina on the conditions herein before stated.
Fourthly. The land and interest herein before divided to my brothers, Thomas D. and John I. Love, I do hereby give in trust to my brother, Robert Love, for their benefit, and should he think their interest would be promoted by a sale, he is hereby authorized to sell, convey and apply the proceeds to their benefit. Fifthly. I give and bequeath to Elizabeth C. Taylor, wife of A. W. Taylor, fifty dollars, to be paid by my Executor when he may procure the funds out my property, and I do hereby wish that my said Aunt shall take the supervision of my sister, and permit her to live with her in obedience to they dying request of my Mother. Sixthly. I give all my clothes to my sister, Evalina, also, beddings &c. Lastly. In this my Will, I have given my brother, Robert, a greater portion of my estate than my other brothers and sister. This I have done because of the burdens which he has had and will necessarily have in raising and educating the balance of the family, and in attending to their interest, and because my Mother gave her younger children more property than he elder ones. I do hereby appoint my brother, Robert Love, Executor of this my last Will and Testament, and request the Court not to requite security of him for the Administration of my estate. As witness my hand and seal, this 16th day of July 1846.
Saraphina o. Love (signed)
(too sick to sign her name)
Signed, sealed and acknowledged
in our presence.
Nathaniel G. Taylor
Alfred C. Taylor
State of Tennessee.
I, Jas. L. Bradley, clerk of the County Court for said County, do hereby certify that the foregoing or within is a true Transcription made in relation to the exhibiting and probate of the last Will and Testament of Saraphina C. Love, in my Office, and further certify that the foregoing, purporting to be a copy of the last Will and Testament is a true copy of the said Will. Witness my hand and seal at Office. This the 5th day of May 1849.
Jas. L. Bradley, Clerk.