Frederick Binkley's Will, Davidson County, Tennessee, Will Book 17, p. 473
Recorded February 11, 1858
I Frederick Binkley of the County of Davidson 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. Viz (?)
First I direct that my funeral expenses and all my just debts be paid as soon after my death as possible out of any money that I may die possessed of or that may first come into the hands of my executor. Secondly, I will and bequeath to my beloved wife Adaline Binkley during the term of her natural life the one third of my land. The three slaves that I now have in my possession "to wit" Becky Rose and Alfred, four head of Cows, twenty head of Hogs, with all Horses, Sheep, Household and Kitchen furniture, Farming Utensils, Wagon, & provisions [?] that may be on hand [?] or in my possession at the time of my death, her Said portion of Same to be laid off so as to include my dwelling and other buildings and whatever part of the farm that she may think best. Thirdly, I will and bequeath to my son Robert F. Binkley the sum of Three Hundred and fifty dollars To be paid to him as soon after the death of my wife Adaline Binkley as that amount shall be collected from the Sale of property in addition to which my said son Robert F. Binkley is to receive an equal share with the rest of my children of the residue of my estate. Fourth I will and bequeath to my grandson William Binkley Jr. that portion of my estate which would otherwise fall to the heirs of his father John H. Binkley dec'd at the final distribution of the same. Fifth I will and direct that my son Franklin C. Binkley shall account to my executor at the final division of my estate for the sum of thirty dollars which I sent him while he was in the state of Arkansas and also for twenty dollars [?] money sent him by my son William B. Binkley at my request which last mentioned sum I direct that my Executor shall pay to William B. Binkley in addition to his distributive share of my estate and that none of my other children shall be required to account for any advancement of money or property made to them in my lifetime. Sixthly I will and direct that the distribution made by me on the third day of November 1854 of a portion of my slave property among my children be and the same is hereby confirmed and the title to the portion then and there received by each of my said children or their representatives shall rest in him, her or them; his her or their heirs or assigns forever. Seventhly I will and direct that my Executor shall after the death of my wife Adaline Binkley have my family graveyard inclosed [sic] with a substantial Stone wall and to pay for the same out of any moneys in his hands belonging to my estate and that at the sale of my lands the said Graveyard shall be reserved and held sacred to the use of my family descendants for a burial place forever. Eighthly I will and direct that my Executor shall sell all of my Stock of Hogs [?] and Cattle not herein before appropriated as early as practicable after my death and that he shall take charge of all my lands which shall not be [illegible] to my wife and rent out and take care of the same while she lives and that after the death of my said wife he my executor shall sell all of my land Negroes and other property of whatsoever kind it may be upon such time and in such parcels as he may think will be best for the interest of all concerned reserving only the family Graveyard as provided for in item seven. Ninethly [sic] I will and direct that my Executor shall after paying my just debts and funeral expenses and the cost of walling in the graveyard and distributing the special legacies herein provided for together with the cost he may necessarily incur in carrying out the provisions of this will and a reasonable allowance to himself for his trouble therein, distribute the residue of my estate equally among all of my children the heirs or representatives of those of my children who may be dead to receive the portions of their father or mother as the case may be Except that William Binkley Jr. shall receive the portion of his father John H. Binkley decd as provided for in item fourth of this will. Lastly I do hereby nominate and appoint my son Joseph Binkley my Executor of this my last will and testament with security.
In testimony whereof I have hereunto set my hand & seal this 7th day of May 1857.
Signed, sealed & published in our presence and we Tho. B. Page have subscribed our names hereto in the presence of Richard F. Gleaves the testator this 7th day of May 1857.
State of Tennessee Davidson County Court
A paper writing purporting to be the last will and testament of Frederick Binkley dec'd was produced in open court for probate and proved thus--Thos. B. Page and Richard F. Gleaves the subscribing witnesses thereto being first duly sworn depose and say that they became such in the presence of the said Frederick Binkley dec'd and at his request and in the presence of each other and that they verily believe that he was of sound and disposing mind and memory at the time of executing the same. Ordered that said paper writing be admitted to record as a such last Will and testament of the said Frederick Binkley dec'd.