The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1891-08-21
Ex.PREsIDENT pOIK,s WILL.
The State Made Trustee of His Estate,
Which q. IN % L.. u

The State Made Trustee of His Estate, |
Which is to Go TO His Heirs.
Following is an exact copy of ex-
President James X. Folks will, re-
corded April 20, 1891.
In the name of God, Amen. l, Jas. X. |
POLK, OF the State of Tennessee, but re-
siding during the term for which l was
elected President of the United states
u. the city of Washington, considering
the uncertainty of life and the certainty
of death make, ordain and publish this
very last will and testament as follows:
That is to say. 1t is my will and de
sire, and i do so direct, that all my Just
debts which may owe at the period OF |
my death shall be paid out OF my es-
tate by executors hereinafter named.
/ devise and bequeath to my brother
VIM. II. Polk, and heirs forever, the
remainder interest which l own in the
house and lot, lying and being IN the
town of Columbia, Tenn, at present oc-
cupied by my aged mother, Jane FOLK,
and in which she holds a life estate.
devise and bequeath to my nephew,
Marshall II. Polk, now a cadet at the
Military Academy at West Point, and
to his heirs forever all the lands which
/ own lying in the State of Arkansas,
which said lands were patented to me
by the United States, and as l have
much solicitude for the future welfare
and prosperity of my said nephew,
Marshall II. Polk, whose father and
mother are both dead, and for whom l
am guardian, 1T is my request that my
beloved wife, Sarah Polk viii from time
to time givesnim such further aid and
assistance out of the estate hereinafter
described and bequeathed to her, as in
her discretion she may think right and
proper, provided he shall in her judy
ment prove to be worthy of such aid
and assistance, and she shall be i'll sit
uation to do so without embarrassment
or Inconvenience tC herself.
l devise and bequeath to my beloved
wife, Sarah Polk, to be held, used and
enjoyed by her during the period of her
natural life, the dwelling-house and lots
and all the grounds, with the appurte-
nances thereuntO attached and belong
ing, situated, lying and being in the
city of Nashville, j u the State OF Ten
nessee, which said house, lots and
premises L purchased from the estate OF
Felix Grundy, deceased, and from John
NJ. Bass, and which on my return to
tennessee design to make my future
residence. 1t is my Will and desire that
my said wife Sarah Polk shall have the
full right as long as she may live to the
exclusive possession, occupation ana
enjoyment of the said house, lots and
premises, and to add to, alter or change
the improvements Thereof as she may
mink proper. And AS my beloved wife
Sarah Polk and myself have mutually
agreed with each other that at our re
spective deaths il is desired by us that
our remains may be interred on the said
premises, which have denominated the
Polk Place, and as it is also our desire
that the said house, lots and premises
should mover pass into the hands OF
strangers who are not related TO me by
cOnsanguinity, 1 do hereby, with "a
view to prevent said contingency, de-
wise, bequeath aud give the said house,
lots and promises, aud all the appurte-
nances thereuntO belong or appertain-
ing, from ana after the death of my
said wife, to the State of Tennessee, bur
TO be held by the said State of Tennos
see in trust for the following uses, OBJ
jectS and purposes, and none other,
that is to say: The said State of Ten
nessee, through its Governor for the
time being, or if he should decline to
assume the execution of the trust, then
through such other person as the Legis-
lature of the said State may from time
to time empower and authorize for that
purpose, shall permit the said house,
lots andAprimises TO be occupied, used
and enjoyed by such one of my blood
relatives having the name of Polk, as
may be designated by the said State, or
its authorized agent, preferring always
my nearest OF kin of the name of Polk,
if there be such person who shall be
deemed worthy and a proper person 10
occupy the same; Tut If at any time
there shall be no blood relation bearing
the name of Polk, then the said house,
lots and premises shall be occupied,
used and enjoyed by such other OF my
blood relations as may be designated
by the said State to execute this trust.
WhichsOeVer of my blood relatives
shall, after the death OF my said be-
lived wife, Sarah Polk, from time to
time use, occupy and enjoy the said
house lots and premises, snail be re-
quired to keep the same III repair, so u
20 prevent them from dilapldatIng o.
falling into decay, shall pay tue public
taxes thereon and shall preserve and
keep in repair the tomb which may be
placed or erected over the mortal re-
mains of my beloved wife and myself,
and snail not permit the same to be re-
moved, nor shall any buildings or other
the spot where the said tomb may be.
1 request the public authorities of the
State of Tennessee, whose people l have
so long served in various public sta
tions, and to whom l am under so many
obligations of gratitude, at the death OF
my beloved wife, Sarah Polk, to accept
and execute the trustispecihed in this
demise.
l devise, bequeath and give to my be-
loved wife, Sarah Polk, and her heirs
forever, all the balance of my estate,
not hereinbefore disposed OF, where
soeyer situated, including all my lands
and real estate; all my servants and
personal property of every description
in the State of Tennessee, Mississippi
aud elsewhere, including also money
and debts and securities, which may be
due or owing to me, or held by me. 1
have entire confidence that my beloved
wife, Sarah Polk, who has been con-
stantly identified with me in all her
sympathies and affections, through all
JhO NlCA1SlLuuOS VI my pubAiO oliu Pr
Vate life for more than twenty live
years, and who by her prudence, care
and economy, has aideu and assisted
me in acquiring and preserving the
property which own, will ut her death
make a proper and just disposition OF
what property she may then possess, be-
tween her relatives aud mine. This is
left entirely to her sole discretion, but
with a request if she shall deem il pro-
per ,thatiJ may be distributed as equally
AS practicable, between such OF her
blood relations and my blood relations,
whether this be nearest of kin or not, as
she may select and deem to be the most
worthy recipients of it. Should sur
ViVe her, unless Influenced by circum-
stance which do not now foreses, 1t is
my intention to emancIpate all my
slaves, and have full confidence that
if at her death she shall deem 1t proper
she will emancipate them.
1 do hereby nominate, constitute and
appoint my beloved wife, Sarah Polk,
executrix, and my faithful and trusty
friends, John Catron and Daniel Ora
ham, executors TO this my last will and
testament
In witness whereof have herewith
subscribed my name and affixed my
seal, this the 18th day of February, in
the year of our Lord one thousand eight
hundred and forty-nine.
JAMES X. POLK.
Signed, scaled and deliv-
1sEAI..l cred by testator in our pres
- ence and in the presence OF
such others as his last will and testa-
ment. Witness by US at his request.
G.. JOHNSON.