Mary McKinney (Smith) Treadway
This July 21st, 1921
December Term, 1938
Donated by Claudia Angel
Carter Co., Tennessee
I, Mary Treadway, being of sound mind and memory, do make, ordain and publish this my last will and testament, hereby making null and void any and all other wills made by me at any other time.
First, I direct that as soon after my death as is convenient that all just debts and obligations owing by me by paid by my Executor hereinafter named, out of any money that I may have on hand or the first money coming into his hands.
Second, To Marie Hathaway, daughter of E. E. Hathaway, I give and bequeath my watch and also one quilt.
Third, To Florence Hathaway, I give and bequeath one quilt.
Fourth, To my sister, Cottrell Ashely, I give and bequeath my drugget and kitchen cabinet.
Fifth, To my brother Bowman Smith, I give and bequeath one feather bed.
Sixth, To Una Nave, I give and bequeath two quilts.
Seventh, Blank
Eighth, To Ham Smith, I give and bequeath my lounge.
Ninth, To Edgar Hathaway, I give and bequeath one dresser.
Tenth, To Caleb Hathaway, I give and bequeath my sofa.
Eleventh, To my brother Elijah McKinney, I give and bequeath my cook stove.
Twelfth, The remainder of my household and kitchen furniture, I give and bequeath to my brothers and sisters, and the children of such as may be dead, such children to take the interest the parent would have taken if living, to be equally divided between them.
Thirteenth, The remainder of my property, realty, personal and mixed, I give and bequeath to the following named parties and proportions. To the children of James Treadway, a brother of my late husband, J. B. Treadway, one tenth to be divided equally between them: To E. E. Hathaway, one tenth, each to have an equal part; To Ben Allen, Clyde Allen, Kate Allen Clemons and Laura Allen, children of my brother Elijah McKinney one tenth; to my brother James H. Smith, one tenth, to my brother J. D. Smith, one tenth; to my sister, Bessie Brumit, one tenth, to my sister, Cottrell Ashley, one tenth.
I hereby nominate and appoint E. E. Hathaway as Executor of this my last will and testament, and in order to facilitate and disposition of my property as herein before directed, I authorize and empower him to make sales of all property not specifically given to some one, including the real estate, which he will sell and execute deed to the purchaser, and convert said property, and convent said property into cash and collect all notes and accounts which may be due after paying all my just debts, distribute same among the parties and in the proportion as herein before directed. In making sale of said property he will endeavor to get the best prices possible and may sell at public auction or at private sale as he may think best and for cash or on time not exceeding six months.
This July 21st, 1921
Mary Treadway
Attesting witnesses:
D. E. Carter
W. R. Allen
The foregoing instrument was subscribed and published and declared to be the last will and testament of and by Mary Treadway, in our presence and in the presence of each other, and we, at her request, and presence of each other signed as subscribing witnesses.
This July 21st, 1921
D. E. Carter
W. R. Allen
The foregoing will was signed by the testator in our presence and we sign this as attesting witnesses and at his request.
This February 1, 1913
J. N. Edens
W. C. Taylor
Codicil Attached this June 5th, 1931
I, Mary Treadway, of Elizabethton, Tennessee, being of sound mind and memory, do make, ordain and publish this, a codicil to my last will and testament.
First, I give and bequeath to my sister, R. C. Ashley, the house and lot where I now live on the corner of Beech and Maple Streets, in the Johnson Addition to the City of Elizabethton, she to have and to hold same during her natural life. At her death said property, or the proceeds thereof to go to my heirs under the laws of descent and distribution, but in case she makes permanent improvements on same the value of such improvements, including taxes paid by her, to be paid out of the proceeds of said property to her son Jarvis Ashley.
Second, I give and bequeath to my niece, Mary Brumit, my three-quarter bedstead, including the bedding on it.
Third, I give and bequeath to my nephew, Bascom McKinney, $100.00 (One Hundred Dollars), to be paid to him in the settlement of my estate.
Fourth, I give and bequeath to my niece, Hattie Moore Brumit, my trunks.
In testimony whereof, I have hereunto subscribed my name, on this June 5th, 1931.
Mary Treadway
Attesting witnesses:
W. R. Allen
Mary Allen
The foregoing codicil was subscribed, published and declared to be a codicil to the last will and testament of Mary Treadway, by the testatrix, in our presence and in the presence of each other, and we, at her request, and in the presence of each other, and in the presence of the testatrix, signed same as subscribing witnesses on the day and date hereinbefore named.
W. R. Allen
Mary Allen