In the name of God Amen
I Michael Wolfe of the County of Smyth being of sound mind and memory do make and publish this as my last will and testament.
1st I desire my body to be decently interred with as little expence as possible and my just debts and funeral expences paid by my Executor herein after named out of what personal property I may possess at the time of my decease.
2nd I give and devise to my son George W Wolfe and to his heirs forever both my tracts of land lying in Chilhowee Smyth County Va his mother Nancy Wolfe retaining a life estate in one third of said lands.
3rd I also give to my wife Nancy Wolfe after the payment of my debts one third of the proceeds of my personal property which is all to be sold and after the payment of my debts &c and deducting one third of the proceeds of said personal property for my said wife I direct that the balance of said proceeds be equally divided among all my children living or the child or children of such as may be dead except my son George W Wolfe who is to have no part of my estate but the land devised to him herein.
4th Should my son George W Wolfe die in infancy or without issue born in wedlock then and in that event it is my will and desire that my two tracts of land be sold and the proceeds thereof be equally divided among all my children living or the child or children of such as may be dead and I desire also that in the happening of the contingency mentioned in this clause to my said son Geeorge W Wolfe that the devise of one third of my lands to my wife Nancy shall cease and determine and be of no effect so far as she is concerned.
5th I constitute and appoint E S Watson executor of this my last will and testament and request him to act as the guardian of my son George W Wolfe.
In testimony whereof I have hereunto set my hand and affixed my seal to this my last will on the 21st day of August in the year 1854.
Michael his X mark Wolfe {seal}
Signed sealed published & declared in our presents as the last will of Michael Wolfe and at his request we put our names as witnesses thereto
John G. Thurman
Peter Copenhaver
Codicil to the annexed will of Michael Wolfe
In the event of my leaving by my present wife Nancy Wolfe any other child or children than my son George W Wolfe I desire that such child or children by my said wife Nancy shall have an equal share of all the lands devised to my said son George W Wolfe but no part of my personal property or the proceeds thereof and in the event of such child or children dieing in infancy leaving no issue born in wedlock then I desire that the share of such child or children shall all belong to any such child or children who may be surviving by my said wife Nancy Wolfe.
In testimony whereof I have hereunto set my hand and affixed my seal to this codicil to my last will and testament this 27th day of September in the year 1856.
Michael his X mark Wolfe {seal}
Signed & sealed and acknowledged in presence of - who at the request of M Wolfe put our names as witnesses thereto
W.T. Thurman
J.G. Thurman
Another codicil to this my last will & testament made this 20th day of February in the year 1857.
I do by this codicil revoke and annul all that part of the 3rd clause of this my said will so far as it devises two thirds of my personal property to be sold and the proceeds divided among all my children and direct that instead thereof my wife Nancy have one half of all my personal property and any such child or children I may have by my said wife Nancy shall have the whole of the remaining half of my personal estate.
Witness my hand & seal the date above.
Michael his X mark Wolfe {seal}
Present & witnesses at request
M. Wolfe
E.N. Sheffey
William Lewis
The Commonwealth of Virginia to the Mayor of the city of Memphis or any officer authorized to take depositions in said city in the state of Tennessee Know ye that we trusting to your fidelity and provident circumspection in examining John G. Thurman a witness attesting the will and a codicil thereto annexed of Michael Wolfe deceased hereunto annexed authorize and require you that at such certain day and place as you shall appoint the witness aforesaid before you you call and cause to come and diligently examine on the holy Evangelist of Almighty God touching the execution of said will and one of the codicils thereto annexed and his attestation thereto and his examination into our Court of the County of Smyth State of Virginia distinctly and plainly without delay you shall send and certify enclosed returning also this writ together with the said will. Witness James F Pendleton Clerk of our said County Court this 24th day of July 1857 in the 82nd year of the Commonwealth.
James F Pendleton Clk
of Smyth County Court in Virginia
By E.L. Roberts Deputy Clerk of said County
City of Memphis County of Shelby State of Tennessee } S.S.
In pursuance of the annexed commission, I Hume F. Hill a commissioner &c &c have proceeded at my office in the city of Memphis state of Tennessee on this 13th day of August 1857 to take the following deposition to be read as evidence in behalf of the Plaintiff in a cause depending and undetermined in the County Court of Smyth County in the state of Virginia in the matter of the will and codicil of Michael Wolfe Deceased John G thurman a witness of lawful age, being first duly sworn deposes and says - That on the 21st day of August in the year 1854, in the County of Smyth Virginia the deponent signed his name as a witness to the annexed writing which was signed sealed and declared by Michael Wolfe as his last will and testament and that he subscribed his name thereto as a witness in the presence of said Wolfe and at his request and that the said Wolf was at the time of sound mind and disposing memory and that he also on the 27th day of September in the year 1856 in the said County at the request of said Michael Wolfe signed his name as a witness to the codicil attached to said will bearing date on said 27th day of September 1856 which was also signed sealed and acknowledged by said Wolfe in his presence and declared by him to be a codicil to his said will and that he was then also of sound mind and disposing memory and further deponent saith not.
J.G. Thurman
I Hume F Hill Commissioner &c do hereby certify that the said deposition was duly taken as stated in said caption and that the same was sworn to and subscribed before me. Witness my hand and seal of office this 13 day of August 1857.
Hume F. Hill
Commissioner
Virginia
At a Court held for Smyth County 22 December 1857
This the last will and Testament of Michael Wolf Decd was proved in court by the deposition of Jno. G. Thurman a subscribing witness thereto and by the oath of Peter Copenhaver a subscribing witness thereto and the codicil by the deposition of Jno. G. Thurman and William T Thurman a subscribing witness thereto and by the oath of E N Sheffey a subscribing witness to the other codicil and continued for further proof. And it appearing to the court that E S Watson the executor named in said will refuses to qualify as such. On the motion of Nancy Wolf who made oath thereto and together with P S. M. Killinger her security entered into and acknowledged a bond in the penalty of $250 conditioned according to law certificate is granted her for obtaining letters of administration in the estate of said Michael Wolfe Decd (with the will annexed) in due form.
And at a court held for said County the 17th day of January 1858. The Second codicil of the last will and testament of Michael Wolf Decd was further proven in court by the oath of William Davis another subscribing witness thereto and ordered to be recorded.
Teste J. S. Copenhaver D.C.