(1813-1898 - Typed as Written)
I Malcom McNabb do make and publish this as my last will and testament
hereby revoking and making void all other wills by me at any time made.
First. I direct that my funeral expenses and all other debts be paid
as soon after my death as possible, out of any money that I may die possessed
of or may first come into the hands of my executor.
Secondly. I have advanced to my daughter Catherine Wood the sum of five
thousand dollars - this amount herein the purchase price of the tract of
land conveyed to William Wood. This advancement of five thousand dollars
is in full satisfaction of the interest of Catherine Wood in the property
real and personal that I may own at the time of my death.
Thirdly. I give and bequeath to my son R.A. McNabb and my two daughters Jane McSween and Florence Roberts all the property real and personal and mixed of every description kind and character that I may own or be entitled to at the time of my death and to be divided among them as follows. 1st to my son R.A. McNabb one third of all property I may own or be entitled to at the time of my death. 2nd to my daughter Jane McSween one third of all the property I may own or be entitled to at the time of my
death. 3rd. To my daughter Florence Roberts one
third of all property I may own or be entitled to at the time of my death.
Fourthly. I hereby appoint my son R.A. McNabb executor of this my last will and testament and invest him with full power and authority to carry the same into effect. If it
should be inconvenient for R.A. McNabb to qualify for executor of this
will or if he should fail or refuse to qualify then I nominate and appoint
William Wood executor of this will and vest him with full power to execute
same. And I direct that all advancements made in my lifetime be collated
and my estate distributed with a view to exact equality between the three
parties above names - viz.: R.A. McNabb, Jane McSween and Florence Roberts;
and I further empower my said executor to sell any real estate I may own
at my death and make title to same, and divide the proceeds of sale as
above directed, said sale to be made at either private or public sale.
Fifthly. It is my purpose and intention to dispose of all my property
real and to die intestate to none. And I limit and settle on my daughters
above named their bequest to their sole and separate use in exclusion to
the marital rights of their said husbands.
Given unto my hand this 19th day of Sept. 1888.
Malcolm McNabb (seal)
Signed, sealed and published in our presence and we subscribe our names
hereby in the presence of the testator This 19th day
of Sept. 1888.
Attest. John T. Jones Malcom McNabb
Allen Bryant
The Interlineation to this will made the 12th day of June 1895, and this will republished and the undersigned witnesses requested to witness same as the last will and testament of the said Malcom McNabb.
This June 12, 1895.
W.J. McSween
Wm. Gates
State of Tennessee) County Court Cocke County Tennessee
Cocke County )
This was the last will and testament of Malcom McNabb, deceased, proven in open court by the oaths of W.J. McSween and Wm. Gates, subscribing witnesses thereto, and the court being satisfied that said will was properly proven, admitted the same to probate and ordered the clerk to record said will in the will book of Cocke County.
This June 27, 1898
W.H. Penland
Clerk
Will copied by Jack L. Jones - Source Nashville Tennessee Archives.