THE LAST WILL AND TESTAMENT
OF
JAMES GREEN

I, James Green, of the County of Coffee and State of Tennessee being of sound mind and memory and at the present enjoying good health but knowing the uncertainty of time allotted to man and having been permitted to live better than fifty years and having been blessed with a large family of children as well as with a portion of wordly goods, and also knowing that the laws of my Country make equitable distribution of Intestates Estates but to save my heirs of the trouble as well as the expense, I do therefore this 17th day of Sept. eighteen hundred and fifty (1850) make and publish this my last Will and Testament towit:

In the first place I desire my body to be buried in a decent manner wherever my family may think proper after my decease, It is also my desire that all my just debts and funeral expenses be speedially and punctually paid, and what wordly goods I may die possessed of I desire and dispose of in the following manner towit:

To my loving wife and companion, Mary Green, I will and bequeath all my property both real and personal together with what ready money I may have at my death to dispose of all in the following manner: in the first place to make our remaining children equal with those that have married and left us at the time when they arrive at lawful age or marry, and having made all equal pay to each one hundred and twenty nine dollars and as near the like kind of property which is set out in a Book I keep for that purpose (if not in property then in money) and should my wife aforesaid live to see our youngest child of lawful age then I desire her to sell my old tract together with my entry containing in all 140 acres in one lot and also my tract purchased from father including seventeen acres purchased from Brother Elijah Green making one hundred and nineteen acres in one lot sold on one, two, three years credit taking Bonds with good security for the purchase money also retaining a lien on the land until the same is paid and at the same time dispose of all personal property that she may not want or need on such time as she may think best and after having made all the children equal as before stated I desire the proceeds of the sales before stated equally divided among all of our children if living, if not their children respectively to receive their parents part except my daughter Maleta Mofs (Moss) and her part I desire kept specially for her benefit if circumstance may require it used for the sustenance of her children, if not, I desire it to be kept at interest for the benefit of her children when and at the time of their arriving at age never and under no circumstance to be placed in the hands of her husband David Mofs (Moss) nor to be used either directly or indirectly for his use and benefit.

I do further will and desire that after the death of my wife my Executor will proceed to dispose of my remaining lands together with all the personal property remaining, on the basis above directed and divide the proceeds the same as above directed, and provided my wife does not live to make the disposition of my property as above directed then I desire my Executors at her death to proceed and act under the same directions given above doing equal justice to all and in the manner above specified.

Having now disposed and directed the disposition of all my worldly goods I do now constitute and appoint my sons, John Mitchell Green & William Martin Green, my Executors and I desire my son John Mitchell to become the guardian of his Brother Willis Henderson Green and provide for him and take charge of his part of my estate after or before his Mother's death. Also I desire Willis Henderson to live with his Mother during her lifetime. Also I request David R. Vance to assist my two sons in the discharge of their duties as such Executors.

In witness whereof I hereunto sign my name and affix my seal the day and date above written. James Green (Seal)

Attest Willis Blanton Robert H. Green

CODICIL

I James Green doth make and publish this my first codicil to my will as set out in foregoing language towit: I desire that when the sales take place as directed in my Will of the lands therein specified that the lands purchased of my father the sale must not include any land on the north side of the creek. In other words I desire reserve and attach a small strip say 4 acres of said tract to the tract I now live on all of which is now under fence, and further since the making and publishing of my Will aforesaid my son John M. Green hath departed this life I do therefore appoint David R. Vance my Executor with my son Wm. Martin Green and desire them to qualify as such. Given under my hand & seal this 28th day of October 1853. James Green (seal)

Willis Blanton Robert Green

State of Tennessee Coffee County At a County Court began and held at the Courthouse in the Town of Manchester on this 5th day of December 1853 the foregoing will was produced to Court and proven by the oaths of Willis Blanton and R.H. Green the subscribing witnesses thereto and ordered to be recorded which is accordingly done. Witness my hand at office this 6th day of December 1853, Hiram S. Emerson, Clerk