>The following new message has been posted on Forum at ><http://www.tngenweb.org/rutherford/webbbs/wills/index.cgi>. > >*************************************************************************** > > MESSAGE: (#122) Will of Benjamin F. Nance, 1869 > ><http://www.tngenweb.org/rutherford/webbbs/wills/index.cgi?rev=122> > AUTHOR: Donald Detwiler > DATE: Friday, 17 December 2004, at 8:45 p.m. > >Will of Benjamin F. Nance, August 1869 > >I Benjamin F. Nance of Rutherford County and State of Tennessee, being of >sound disposing mind and memory do make and publish and ordain this my last >will and testament revoking all others made by me at any time. Whereas some >thirty months ago there was a co-partnership formed by B. F. Nance and J. W. >Nance (which is still existing) by the purchase of a certain tract of land >known as the William Jackson tract at Versailles District No. 10. Rutherford >County and State of Tennessee, bordered as follows: On the north by the land >F. Jackson & C. L. Reed, east by the lands of F. Jackson & R. Jackson, south >by the lands of R. Nance & others, west by the lands of Mrs. Elizabeth >Covington & others, said to contain four hundred and twenty acres. This firm >also bought work stock, farming utensils together with many other things to >fit them out in business, most of which is now in possession of said firm. >Said firm is known in the name and style of B. F. & J. W. Nance and whereas >there has also been another tract of land bought by and added to said firm >lying in the 10th civil district of Rutherford County and State of Tennessee >containing by estimation forty five acres bounded by the lands of N. R. >Taylor, Richard Nance, Judith Lawrence and others. It is my will and desire >that the above named firm be continued for a term of five years from the date >of this instrument and conducted by my brother and partner, John W. Nance, >late surviving partner of B. F. & J. W. Nance or as to any future operations >he may select any name and style suitable and convenient to himself. Now it >being the case that the purchase money is not all paid on said land it is my >will and desire that in the event of my death, John W. Nance is authorized >and >instructed by me as partner to take complete possession and full control of >the lands personal property debts, both due and undue together with all other >effects belonging to the firm. The household and kitchen furniture of each >partner being individual property unconnected with the firm. My will and >desire further that my beloved wife, Nannie Nance, have for her sole use and >benefit all my household and kitchen furniture. Now I further desire that my >brother and partner, John W. Nance after taking charge of all the effects of >said firm commence at once to make close calculations in order that debts due >or otherwise may be paid off and interest stopped and creditors satisfied. >Now >I therefore will and desire that my brother and partner have full power to >continue or discontinue the mercantile business at his discretion keeping >view >all the time the interest of said firm and that my brother and partner, John >W. Nance, to have full control and be at liberty to close out a part or all >just as he may see fit. Now in the event of the death of my brother, John W. >Nance, and partner before the expiration of five years before mentioned, in >that case I will and desire on my Executor who I hereafter mention at the >proper time and place, take charge and wind up my estate in best possible >manner, looking constantly to the provisions of this my will. Now in the >event >at the expiration of the afore named five years said firm shall still owe >debt >which remain unpaid, in that event my will and desire is that so much of the >firm property be sold to pay off and satisfy the same either real or personal >as will best suit my brother, John W. Nance, and my Executor who I will >hereafter appoint, and when all debts are liquidated then my will and desire >is whatever balance of firm property remain be sold or properly divided if >sold, the proceeds of the same be equally divided between my brother and >partner, John W. Nance, and my estate. Now I will and desire and hereby >direct >that all my estate both real and personal be allotted to itself and I hereby >direct that all property, real or personal, be placed in charge of my beloved >wife for the support of my dear wife and children, and I desire that my wife, >Nannie Nance, have the benefit if there be any arising therefrom, during her >natural life or widowhood. In the event of her marrying with other parties to >have such as belongs to her by law and hereby appoint my father, Richard >Nance, my Executor. In testimony whereof, I have hereunto set my hand and >seal >this 19th of August 1869. Signed in the presence of J. N. Carlton B. F. Nance >(Seal) L. W. Garrett > >State of Tennessee Rutherford County County Court, September Term 1869 > >The foregoing last will and testament of B. F. Nance, dec'd, was this day >presented in open court for probate and execution thereof was duly proved by >the oaths of J. N. Carlton and L. W. Garrett, the subscribing witnesses >thereto, and was ordered to be recorded. > >Witness my hand at office this 6th day of September 1869 > >*************************************************************************** > >This is an automatically-generated notice. 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