My 3rd great-grandmother Katy Stout died in 1901 in Johnson County, Tennessee. She left a will even though she owned no land. She also was illiterate (she could not sign her name).
You can see the will at Tennessee, Probate Court Books, 1795-1927, Johnson County Wills 1882-1932, Will of Catharine Stout, 1901 (image 51 of 172); digital images,
FamilySearch (http://FamilySearch.org : accessed 15 Jul 2015).
Here is my transcription of her will:
LAST WILL AND TESTAMENT OF
CATHARINE STOUT, Decd.
~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
In the name of God Amen, I
Catharine Stout recognizing the uncertainty of life and the certainty of death,
and being of sound memory and disposing mind do hereby make and publish this my
last Will and testament to wit:
First: - It is my will and
desire that my body be buried in a decent and Christian manner.
Second: - My just debts
shall be paid as soon after my death as is possible for my executor.
Third: - I will and
bequeath unto my three daughters, Betsy Snider, Polly Adkins, and Sallie Snider
to be divided equally among the three all by [my] beds and bed clothing and
whatever wearing clothes of mine I may have at my death.
Fourth: - I will and
bequeath unto my daughter-in-law Rachel Stout my weaving loom.
Fifth: - I will and
bequeath unto my daughter-in-law Mary Stout one of my large spinning wheels.
Sixth: - I will and
bequeath unto my granddaughter Sarah Nave my other large spinning wheel and my
small spinning wheel.
Seventh: - I will and bequeath
unto Rachel Stout and Mary Stout equally between them my brass kettle and my
hackle.
Eighth: - I will and
bequeath unto my granddaughter Sarah Nave all of my property proceeds and
monies not herein before disposed of.
Ninth: - I do appoint and
nominate W. G. Nave my Executor to carry out this my last Will and Testament.
In Witness whereof I have
here and to [unto] subscribed my name this twenty-fifth day of April 1893.
her
Catherine X Stout
mark
Signed in our presents at
the request of the testator to whom the contents of the foregoing last will and
testament was read in our presents April 25th 1893.
E. C. Wilson
R. L. Nave
Admitted to probate Aug.
2" 1901 - County Court and recorded in Will Book Aug. 2" 1901.
I. S. Rambo, Clk.
Notes on Catherine’s will:
The handwriting is the clerk of court who copied the will
from the original will into the bound book.
Catherine dictated the will in 1893, about 4 years after her
husband’s death, and 8 years before her death.
Most people at that time wrote a will just before they died; maybe she
felt sickly in 1893 but recovered. She
owned no real estate, so why did she write a will? I wonder if there were issues because Nicholas
did not leave a will? She wanted to ensure
there would be no family squabbles over her property.
She left quite a collection of weaving tools: a loom,
three spinning wheels, and a hackle. A
hackle is an implement with sharp spikes for cleansing flax or hemp.
Catherine left personal property only to her daughters,
daughters-in-law, and one granddaughter.
Who were the people in her will?
- Daughter Betsy Snider lived in
District 3, Johnson County.Daughter Polly Adkins died in 1899
in Watauga County so presumably her inheritance went to her children.
- Daughter Sallie Snider lived in
Wilkes County. Sallie was my 2nd
great-grandmother who had moved away in 1861, so I’m glad to see that her
mother included her.
- Daughter-in-law Rachel (Brookshire) Stout married Andrew. Rachel
was also Catherine’s niece (daughter of her sister Sarah Wagner
Brookshire). In the 1900 census, Catherine lived
with Rachel and Andrew’s family, so no one had to move the loom!
- Daughter-in-law Mary (Holman) Stout
married Daniel; they lived in District 4, Johnson County, adjacent to Catherine
and Andrew.
- Granddaughter Sarah Nave was the
daughter of Andrew J. Stout.
- Executor W. G. Nave, William
Garland Nave, was the father of her grandson-in-law, David S. Nave.
- Witness E. C. Wilson (Edward
Clinton Wilson), was another relative (his mother was Sarah Elizabeth Stout).
- Witness R. L. Nave (Richard L.
Nave) was David’s brother and a son of W. G. Nave.