Will and Probate of James Jolly
Transcribed and Submitted by Tom McMurray
" A writen will and testament of James Jolly. I, James Jolly of the County of roane and State of Tennessee, do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made, - - First, I direct that all my funeral expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die possessed of or may first come into the hands of my executors - - Secondly, I give and bequeath to my beloved wife Mary, all the house - my furniture and home place and the black girl Veati, and any two nags of her own choosing that I may die possessed of and as many Milk cows and other stock as she may wish for her own use during her natural lifetime all of which at her death I bequeath to my beloved daughter Rebecca and her heirs (to wit) the wife of Hardin Deatherage - - Thirdly, Believing my son William not to be of sufficient capacity of mind to manage his affairs I therefore direct that the remaindexr of my lands be rented out and the profits of the same or so much thereof as may be necessary to be applied to the suport and benefit of my said son William during his natural lifetime and at his death the said lands and the remaindexr of the profits after keeping up the fences and paying other necessary expenses if there be any remaindexr I direct to be equally divided between the heirs of my above named daug. Rebecca Deatherage - - Fourthly, I direct that of the moneys I may die possessed of my executors shall purchase a man servant if they can find a suitable one. which servant is to be used for the maintainance and benefit of my of my afore named wife Mary, and at her death to belong to my daughter Rebecca and in case a suitable servant canot be bought then the money is to go to the benefit of my daughter Rebecca and her heirs.
Fifthly. I direct that the wagon and gearing be kept for the use of the farms and the remaindexr of the property, not otherwise appropriated in this will to be sold and the money arising from the same to be applied as follows (to wit) fifty dollars to Mary Ann Deatherage and fifty dollars to James Deatherage both being the heirs of my daughter Rebecca afore named and the remaindexr of the said money if there be any to equally divided between all her heirs when they arrive at twenty one years of age - - Sixthly, The expressions in the second article of this will are so to be understood that the black girl Veati and her increase are to belong to my daughter Rebecca at the death of my wife Mary, - - And Lastly, I do hereby nominate and apoint Hardin Deatherage and John E. Deatherage my executors and direct that they collect all my outstanding debts - and request them to become the guardians of my son William - In witness whereof I do to this my will set my hand and seal this the 18th day of December 1848.
James Jolly (Seal)
Signed sealed and published in our presence and we have subscribed our names hereto in the presence of the testator This 18th day of December 1848.
George M. Deatherage
John A. Durham
State of Tennessee} County Court
Roane County } August Term 1861
Then was the foregoing last will and testament of James Jolly deceased produced in open court and proved by the oaths of George M. Deatherage and Dudly Jolly two of the subscribing witnesses thereto and admited to record and ordered to be certified and recorded. Witness my hand at office in Kingston this 5th day of August 1861.
James T. Shelly Clk
By his deputy Austin L. Greene"
Source: Roane County, TN. Estate Files - 1861