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Will of John Turner, 1835

John Turner, 1835

TSL&A Microfilm #91
Probate Records (County or Chancery)
Wills Vol 1 - 5 July 1789 - July 1904

Transcribed by Jan J. Barnes

Will Book II
Pages 193 - 194

In the name of God Amen!  I, John Turner of the County of Sumner and State of Tennessee being sick and weak of body but of strong mind and perfect memory do think proper to make my last Will and Testament in manner and form as follows (viz) In the first place it is my will that all my debts be punctually paid. I give and bequeath to my eldest son Nelson B. Turner the plantation on which he formerly lived and which I purchased of Harris Walton together with one fourth part of the tract on which Richard C. Johnston now lives to be taken off the south West corner of said tract also, I give to him the sd Nelson B. a negro boy named Harrison. Eviline and Joe, I give to him some years ago and two hundred dollars which I loaned him some years ago. It is my will that the house and plantation on which I now live be equally divided between my son Jas and my daughter Sally Hanner so long as she remains a widow, and in the event of her death or marriage I will that her moity of sd property pass to her present children. I also give to my daughter Sally aforesaid three negroes Isaac, Pheobe and Phillis, also one third part of all my household and Kitchen furniture, one of my choice work horses to my youngest son Jas. I give seventy six acres of land which I bought of Jas Bledsoe, also one fourth part of tract of land on which Richard C. Johnston now lives to be taken out of the South East corner, also fifty acres of land on the Brushy Fork also tree negroes: Lucy, Jesse and Ann, also one of the choice work horses and two thirds of the house and Kitchen furniture. I give to my daughter Francis Johnston one half of the tract to land on which Richard C. Johnston now lives including the house and farm together with a negro boy named Sam, a negro girl named Harriett and her child Wilson I give to her some years ago. I give to my daughter Rebecca Johnston a certain negro woman named Maria and her child Albert. I give and bequeath to my daughter Elizabeth Bartin a certain negro woman named Hannah and child Lucinda. I give and bequeath to my daughter Eliza Carter a certain negro woman named Celia and a boy named George. I give to my daughter Mary Ann Henly a certain negro boy named Pleasant my stock of all kind together with my present crop a wagon and cart except one years provisions to be laid off for the use of my son James and daughter Sally, I wish should be sold and as much of the proceeds of the sale as may be required to pay my debts applied in that way, the residue if any, to be divided among my lawful heirs. Lastly: I do hereby Constitute and appoint my son Nelson B. Turner and William M. Carter my whole and sole Executors and revoking all others acknowledged this to be my last will and Testament. In testimony whereof I have hereunto set my hand and seal the 18th day of May in the year 1835.

Signed and acknowledged                                    John Turner (seal)

In the presence of
J. A. Blackmore                    State of Tennessee
W. B. Smith                           Sumner County Court
William Durham                    August Term 1835

                                           The last will and Testament of John Turner dec'd was exhibited in open Court for probate and proved agreeable to Law by the oath of James A. Blackmore and W. B. Smith two of the subscribing witnesses thereunto and ordered to be recorded and thereupon Nelson B. Nelson and Wm M. Carter the Executors therein named appeared in Court and agreed to take upon themselves the Execution thereof and together with Moses H. Henry & John M. Henly, Benjamin Johnston and James H. Turner their securities entered into and acknowledged their bond to the Governor in the sum of Thirty Thousand dollars conditioned as the Law directs and took the oath required by Law.

A Copy Test                        A. H. Douglass Clk of sd Court

Page 216

State of Tennessee
Sumner County  June Term 1836 of the Circuit Court of said County
Nelson Turner and William B. Carter Exrs. etc.
vs.                                      Contested Will
Thomas Buntin et als

This day came the parties by Attorneys and also a Jury of good and lawful men to wit:  William Dismukes Daniel Dillion, Elisha Oglesby, Saml Cochran, Thomas Freeland, Asa McMurtry, Robert N. Miers, Christopher Woodall, James M. Wilson, William Carr, George Dempsey and William J. Lee, who being elected tried and sworn the truth to speak upon the issue joined between the parties aforesaid and by consent respited from rendering their verdict therein until tomorrow.
This day came again the parties by attorneys and also the jury impanelled in this cause on yesterday
Page 217
are by consent further respited from rendering this verdict until tomorrow.
This day came the parties by attornies and also the Jury impanelled in this Cause in a previous day of this term, who upon their oath do say that the paper writing in issue between the parties aforesaid exhibited in Court, signed and sealed by John Turner and attested by J. A. Blackmore, W. B. Smith and William Durham, and bearing the date 18 day of May 1835 and purporting to be his last will and Testament, is the last Will and Testament of John Turner deceased.  Thereupon it is considered by the Court that the same be admitted to Record as the last Will and Testament of John Turner deceased according to the finding of the Jury aforesaid and that the finding of the Jury herein and the judgement of the Court upon said Verdict be certified to the County Court of Sumner County together with the will aforesaid to be there Recorded.  And it is further ordered by the Court that the Plaintiffs recover of the Defendants the costs in this behalf incurred and that execution issue.

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