Hawkins County
Wills
This is an on-going project being transcribed by the following volunteers: Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder. Many thanks to these people. Wills will be added as they are transcribed, so check back often.
Page 1
November 16, 1797
In the name of God, Amen, I Thomas
Amis of the State of Tennessee and County of Hawkins, Knowing that
it is ordained for all men once to die and being sick and weak but of sound
mind and memory, Do make and ordain this my last will and Testament in
manner and force following.
Firsh(sic), I bequeath myself to Almighty God fully believing in his Almighty wise providence and mercy to all his Creation, after this life rest in peace, And as to my worldly goods and chattels that he has been pleased to put in my care in this life, I dispose of in manner and form following:
Item: I give and bequeath unto my wife Lucy all my cash in hand at my decease with all my stock of every kind and species. Also all my plantation tools and utensials including wagons and all my household and kitchen furniture of every kind and all the frescut crop of all sorts whatsoever to her and her heirs forever. And also lend to my said wife all my land on Big Creek containing three hundred and fifty acres in three tracts including the place wherever I now live. Also the tract of land whereon Polly Brooks now lives containing Two Hundred acres adjoining the land my son Willis lives on, with my mills, stills and the utensials. thereunto belonging and my Smith Tools all of which said loan I bid her during the time she remains my widow and at her death or marriage I give the same to my son Haynes Amis and his heirs forever.
Item: I give to my son John Amis what may be received from the Cargo seized from me by the Spanish Commandaun at Fort Natchez in June 1786. I also give him the tract of land he now lives on adjoining the town of Rogersville and lying the East side of the main road. Also the lower tract of my six hundred and forty acre tract of land, to be laid off by a line to run square with the upper end of the tract he now lives on, to him and his heirs.
Item: I give unto my son Willis Amis the upper part of my six hundred and forty acre tract of land, it being the balance of what I give my son John in the said tract.
Item: I give to my son Lincoln Amis the five lots in the town of Rogersville which I purchased of Daniel Hamblen. I also give him all my lands being the West side of the main road and adjoining the town of Rogersville.
Item: I give unto my son Thomas Gale Amis all the certificates by me funded in the Continental Loan Office in North Carolina the 22nd of August 1791. Number 106(?) amounting to twenty one hundred and sixty two dollars and forty cents. to him and his heirs forever.
Item: My will is that the rest of any estate consisting of slaves, bonds, notes, judgements book accounts etc shall be equally divided between my wife Lucy Amis and my children, except Thomas Gale Amis and Haynes Amis and consider the legacies to be made equal other ways with the rest of my children. Also the following deductions to be made (viz) oech of my daughters Tabitha and Mary's shares six hundred and sixty six and two third dollars each and oech of my daughter Fanny and my son John's share three hundred thirty three and one third dollars each. I make the deductions for negros already given them. It is my will and desire that my friends John Ray Esquire, Col. James Aruston(?), William Armstrong Esquire, Joseph McMinn Esquire and William Stoward (surveyor) on a majority of them do make the division of the above mentioned slaves, bonds, notes, judgements book accounts and such division when made to be made of record in asuch which shall stand good in law. And if any of my children should die without leaving a lawful heir then I will their legacy to be equally divided amongst those children who have a share in the last mentioned legacy of slaves, bonds, notes, book accounts or their lawful representatives. It is also my will and desire that my library of all my books be kept together for the use of my school.
And lastly I do appoint my wife Lucy my Executrix to that my last will and testament. Revoking all other will or wills by me made. In witness whereof I have here unto sez my hand and seal this sixteenth day of November, One Thousand Seven Hundred and Ninety Seven.
Signed and sealed in presence of:
Milton Ford(Jurah) Isaac Lambertz, James Herbarrs Inien
Spencer Ball (Jurah)
Signed: Thomas Amis
Page 169
Dated May 28, 1842
"In the Name of God, Amen. I, Chrisley Everhart have this day published this my last Will and Testament in manner and form as follows, to wit:
First. My will and desire is as soon after my decease as practicable, I desire that all my household and kitchen furniture of every kind, all my farming tools that belong to the farm of every kind, all of my stock of each and every kind except that which I will hereafter mention be sold, and out of the proceeds thereof all my just debts and funeral expenses be paid.
Second. I give and bequeath to my wife Lizzy Everhart my cupboard and furniture that belongs to the cupboard. I give to her one cow, and my flax wheel.
Secondly. I give to my three sons all my tract of land (Viz) John Everhart, William Everhart and Samuel Everhart, to be equally divided between them. I also give to my son William my wagon and the gearing that belong to it and no more.
Third. I give to my son Jacob one dollar of my Estate and no more.
Fourth. I give to my son James one dollar of my Estate and no more.
Fifth. I desire that after all my property is sold and all my just debts are collected and expenses paid, then the balance of the proceeds be equally divided between my three daughters, Elizabeth Spears and her heirs, Sarah Stewart and daughter Polly Everhart and my grand daughter Anny Smith.
Sixth. My will is that my wife Lizzy have free privilege to live in my house where she now lives during her life if she chooses, and then to be supported by my three sons that I gave my land to, Viz: John, William and Samuel, and after my wife's death, the property I willed her be equally divided between her said daughters that are living at the time of my wife's decease.
In witness whereof I have hereunto set my hand and affixed my seal, on the 28th day of May, Eighteen hundred and fifty two. Chrisley X Everhart (seal) Attest: (his mark) Jim Arnott David Reynolds
Dated Sep. 9, 1811
Pages 414-415
In the name of God, amen. I THOMAS ROGERS, of the county of Hawkins and state of Tennessee, being very sick in body and in perfect mind and memory, being given up to God's calling and knowing that it is appointed for all men once to die, do make and ordain this to be my last will and testament. That is to say principally, and first of all, I give and recommend Soul into the hands of God that gave it to me and my body I recommend to the earth and to be buried in decent Christian burial to the discretion of my friends. Nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as such, touching such worldly estate where it hath pleased God to bless me in this life. I give, and dispose of the same, in the following manner and form. First, I give and bequeath to JANE, my Dearly beloved wife, a sartain brown mare and one red cow, one feather bed and furniture together with all my household goods and furniture, by her to be possessed. Secondly, I give and bequeath unto my two sons, DOSWELL and THOMAS Rogers all my lands and buildings and possessions to be equally divided between them, the said Doswell and Thomas, forever firmly to be possessed by them, also my still and his fixtures & C. Thirdly, I give and bequeath unto my four daughters, to wit MARTHA, BETTY and SUSANNA and MOLLIE, all the remainder of my goods and livestock, and all just debts that are owing to me, after paying all just debts that I owe, unto the four above mentioned girls, by then forever to be possessed. I do hereby truly disallow, disavow and revoke all other former testaments, wills legacies, and bequeaths and Executors named by me in any wise before named wills. And rectifying and confirming this and no other to be my last will and testament in witness whereof, I have here set my hand and seal this 9th day of September in the year of our Lord 1,000 eight hundred and eleven. Thomas Rogers [seal] Assigned, published & delivered in the presence of: Wm. Nichols John Monk
Submitted by Kathy Welder [email protected]
Page 28
Dated: July 4, 1789.
In the Name of God, Amen. I, Hugh Brown of the State of North Carolina
and County of Hawkins, farmer, being uvery weak and frail in body, but
blessed be God of perfect mind and memory and calling to mind the mortality
of my body and knowing that it is appointed unto all men once to die, therefore,
I do make, constitute and ordain my last will and Testament. And being
thus composed in mind, first and principally, I do give and recommend my
soul to God who gave it me, and my body. I recommend to the earth to be
buried in a decent Christian like manner at the discretion of my Executors,
nothing doubting but at the general judgement I shall receive the same
again by the mighty power of God. And as to such worldly Estate wherewith
it hath pleased the Lord to bless me in this life, I do give, bequeath
and dispose of in the following manner. Imprimis. After all my just and
lawful debts are paid, I do give and bequeath to my dearly and well beloved
wife Rebecca Brown my negro wench named Jean. Item. I do
give and bequeath to my dearly beloved daughter Sarah Brown my negro
girl named Atne. Item. I do give and bequeath to my dearly beloved
daughter Margaret Brown my negro boy named Sam. Item. I do
give and bequeath to my two dearly and well beloved sons, John Brown
and William Brown all my houses, lands, tenements and whole
estate until they come to the age of 21 years or until some one of my daughters
should be married and then their part Viz: The girls shall be given them
and when my sons come to the age of 21, they shall equally divide the remainder
between themselves. And furthermore, I do appoint, constitute and ordain
my true and trusty friend, Rob't. Black and my dearly and well beloved
wife, Rebecca Brown, to be the whole and sole Executors of this
my last will and Testament, and I do hereby utterly break, disannul and
make void all and every former will or wills or testaments at any time,
or in any way by me made, and I do acknowledge this and none other to be
my last will and Testament. In witness whereof I have hereunto set my hand
and seal THis fourth day of July in the year of our Lord One Thousand Seven
Hundred and Eighty-nine.
Hugh X Brown (seal) (his mark)
Signed, sealed, published and pronounced by the said Hugh Brown
as his last Will and Testament in the presence of us who in the presence
of the said Brown and in the presence of each other have hereunto
witnessed our names. Jas. Cunningham Ananisa McCoy James White
Page 29
Dated: April 23, 1799
In the Name of God, Amen. I, Ebenezer Brooks, late of the County
of Washington in the State of Virginia, now of the county of Hawkins in
the State of Tennessee, being in a lingering state of health, but of sound
mind and memory, to provide against that mortality to which we are all
liable and by which I am now particularly threatened, do ordain this to
be my last Will and Testament, confiding in the unbounded goodness of God
and the certain foundation of Christian hope, I commend my soul to the
keeping of my Heavenly Father, hoping to obtain a Resurrection among the
just. Should my present disease put a period to my earthly abode, I commit
my body to the care of my trusty friends David Caldwell and James
Caldwell, to be by them decently buried at New Providence Meeting House.
To defray the expenses of which I leave to them ten dollars in cash at
John Campbell in Washington County, Va. and notes payable on demand
now in my possession, but should that not be sufficient, I leave my mare
and colt now at John Campbell's and my riding horse for that purpose,
and also such other property as I have in Washington County, Virginia,
or in Hawkins County, Tennessee. But should what cash I have and my debts
be sufficient to defray my funeral expenses and charges, then I will and
bequeath my riding horse to David Cunningham, eldest son of said
John, my mare to his daughter Polly, and the colt to his
daughter Betsy. I will and bequeath to my friend and cousin, William
Montgomery of Sumner County, Tennessee, and to his heirs forever all
my landed property and claims following, to wit: A tract of land containing
900 acres be between Silver and Paint Lick Creeks, one other tract containing
1,000 acres on the waters of Station Camp Creek above Boonsborough, one
other tract containing 4,812 acres on Cabbin Creek, all lying in the State
of Kentucky. Also one other tract of land containing 640 acres on Little
Harpath, both on the waters of the Cumberland River in Tennessee: also,
a military claim of 500 acres on Little Miami, part of the claim of Col.
Joseph Crockets in the State of Kentucky, to the sole use and behoof
of the said William Montgomery and his heirs forever, yet with this
reservation and on the condition that should William Montgomery
recover my lands in the State of Kentucky and my two tracts in the State
of Tennessee, that then he should pay unto my half sister Jean Davis
of Washington County in the State of Delaware $1,575.00, if she shall require
it, but should he only obtain possession of the two tracts in the State
of Tennessee, he is only to pay her $1,000.00. But if my said sister Jean
is dead, or should die before this will is carried into execution after
my death, or should not require of William Montgomery the above
specified legacy, then, and in that case, that said William Montgomery
is to have the fee simple estate in the above mentioned lands without
any reservation to my sister (Jean), or condition whatever. I will
and direct that the money arising from my two Manuscripts, the one--A Reply
to Paines Age of Reason, the other, A Treatise on Stenography, be applied
to the use of my sister if living. If not, I will them (the proceeds) to
William Montgomery. Should the provision I have made for my funeral
expenses be insufficient, I will that William Montgomery settle
and pay the balance and the value of the legacies to the person to whom
they are bequeathed. Also, that he erect over my grave at New Providence
a decent tombstone. I empower and authorize John Campbell of Washington
County, Virginia to settle my estate in that county and David Caldwell
of Hawkins County, Tennessee to settle my affairs in the counties of Sullivan
and Hawkins, and do hereby nominate and appoint my friend and cousin William
Montgomery Executor of this my last Will and Testament, hereby revoking
all other wills by me made and declaring this to be my last Will and Testament.
In testimony whereof I have hereunto set my hand and seal this twenty third
day of April, in the year of our Lord, one thousand seven hundred and ninety-
nine.
Ebenezer Brooks (seal)
Signed, sealed and acknowledged in the presence of us who in the presence
of the Testator and at his request signed our names as witnesses thereto.
John Campbell Baker Armstrong (Jurat) David Caldwell (Jurat)
David Campbell, Jun'r.
Page 31
Dated: March 5, 1803
In the Name of God, Amen. I, Richard Byrd of the County of Hawkins
and State of Tennessee South of the River Ohio, planter, being in and of
imperfect health of body, but in and of perfect mind and memory, thanks
be given unto God. Calling to mind the mortality of my (blank space), and
knowing that it is once appointed for all men to die, do make and ordain
this my last Will and Testament. That is to say, principally and first
of all, I give and recommend my soul into the hands of Almighty God that
gave it and my body I recommend to the earth to be buried in decent Christian
burial at the discretion of my Executor, nothing doubting but at the general
resurrection, I shall receive the same again by the mighty power of God.
And, as touching such worldly estate wherewith it has pleased God to bless
me in this live, I give, devise and dispose of the same in the following
manner and form. My three eldest sons, naming first, William Byrd,
second, John Byrd, third, David Byrd. I also give to my son
David Byrd 17s10s in the form of his land, and two daughters, Jean McDaniel
and Ann ___day and my two younger sons, Michael byrd & Richard
Byrd, I, Richard Byrd, do consider that they have equally received
of my estate one hundred dollars each. And I give and bequeath to my four
younger children--two sons and two daughter: first, Elizabeth Byrd,
second, Mary Byrd, likewise, James byrd and Charles Byrd,
one hundred dollars a-piece as they come of age. Also, I bequeath to Elizabeth,
my dearly beloved wife all the remaining horses, cattle, sheep, hogs and
slaves and household goods and movable effects, together with the land
and plantation on which I now live containing 200 acres, to be by her freely
possessed during the term of her widowhood, at the expiration of which
time, or at her death, I will the said land to my two youngest sons, James
and Charles Byrd--the plantation to be divided. The hollow the wagon
road runs up shall be the line betwixt them. THe end of the land which
I now live on I do will to my son Charles and the other and to my
son James. If the title of the land stand good, or is mad good by
the substances of the place when they receive the said hundred dollars
before mentioned and said land they are to have no part of the balance
of the property: if the land is lost they are to have an equal part in
the balance of the estate. The slaves that I will to my wife during her
life or widowhood, my will is that she shall give them at her decease to
her children that she thinks will use them well, and they are to be valued
and they that receive them is to pay up the value of them in good trade
at cash price with reducing their own part out. I say my will is that my
five eldest sons and four daughters: William, John, David, Michael
and Richard, Jane, Ann, Elizabeth and Mary shall have an
equal part in my estate at the death of my wife, Elizabeth, that
is left in her hands. I also constitute, make and ordain my dearly beloved
wife Elizabeth, and my son William Byrd the sole Executors
of this my last Will and Testament, and I do hereby utterly disallow, revoke
and dis-annul all and every other former testament, wills, legacies, bequeaths
and Executors by me before named, willed and bequeathed--ratifying and
confirming this and no other to b my last Will and Testament. In witness
whereof I have hereunto set my hand and seal this 5th day of March in the
year of our Lord, one Thousand eight hundred and three.
Richard Byrd (seal)
Signed, sealed and published, pronounced, declared by the said Richard
Byrd as his last Will and Testament, in the presence of us who in his
presence and in the presence of each other have hereunto subscribed our
names.
Test John Walker
Page 33
Dated: August 6, 1804
In the Name of God, Amen. I Michael Bacon of Hawkins County and
State of Tennessee, farmer, being very sick and weak in body, but of perfect
mind and memory, calling to mind the mortality of my body, do make this
my last Will and Testament. That is to say: as touching my worldly estate
which it hath pleased God to bless me in this live, I give, devise and
dispose of in the following manner and form:
First. I give and bequeath unto my daughter Catherine all that is now called hers (Viz), two milk cows and two heifers, her bed and furniture and saddle.
Secondly. I will that my beloved wife Isabella keep full and
interrupted possession (of) all my estate until the marriage or death of
my daughter Catherine, and then the whole to be valued and equally
divided between my wife and three daughters (Viz): Mary, Sarah and
Catherine. And Catherine to have my negro man James at
his valuation in her part of the Estate, except one hundred dollars that
I bequeath for the education of Samuel Lee, son of Thomas Lee
and Mary Lee his wife.-I appoint Thomas Lee and Dubart
Murphy Executors of this my last will and Testament. In witness whereof
I have hereunto set my hand and seal. This sixth day of August, One Thousand,
Eight hundred and four.
Michael Bacon (seal)
Signed, sealed and published in presence of Isaac Barton, Michael Bury
and Job x Bale (his mark)
Page 33
Dated : May 11, 1827
In the Name of God, Amen. I, Henry Bray, of Hawkins County and State
of Tennessee, being very sick and weak of body, but perfect mind and memory,
Thanks be to God, calling unto mind the mortality of my body and knowing
that it is appointed unto all men once to die, do make and ordain this
my last Will and Testament, that is to say, principally and first of all:
I give and recommend my soul unto the hand of Almighty God that gave it
and my body I recommend to the Earth to be buried in decent Christian burial
at the discretion of my Executor, nothing doubting but at the general resurrection
I shall received the same by the mighty power of God. And as touching such
worldly Estate wherewith it hath pleased God to bless me in this life,
I give and devise and dispose of the same in the following manner and form:
First. I give and bequeath to Margaret my dearly beloved wife all
that I possess--lands and stock of every kind--to pay my just debts, and
whats left, to raise my children on. And I do hereby utterly disallow,
revoke and dis- annul all and every other former testament, wills, legacies,
bequests and Executors by me in anywise before named, willed and bequeathed,
ratifying and confirming this and no other to be my last will and Testament
in writing. Whereof I have hereunto set my hand and seal this 11th day
of May, One Thousand eight hundred and twenty-seven.
SIgned, sealed, published, pronounced and ordained by the said Henry
Bray to be his last Will and Testament.
Signed, sealed and acknowledged in the presence of: Attest: Benjamin
Bray, Jr.
Henry X Bray (seal)
Benjamin Bray, Sr. (his mark)
Page 34
Dated: Sept. 6, 1815
In the Name of God, Amen. I, James Breeden of the County of Hawkins
in the State of Tennessee, being in a low state of health, but of sound
mind, do make this my last Will and Testament in manner following, to wit:
It is my will and desire that my two tracts of land that lie joining on
the south side of Holston River known by the name of Brown Town be divided
into three equal parts. I give and bequeath to Winney, Mack, Ruthy,
Polly, Nancy, William and Betsy Rutherford, children of John
Rutherford and his wife Betsy, the third part of said land to
them and their heirs forever._ I give and bequeath unto James Smith,
Pulcherry Smith, Polly Smith, Winney Smith and Wade Smith,
children of Samuel B. Smith and Judy his wife, one other
third part of said tracts of land, to them and their heirs forever. I give
and bequeath one other third part of said tract unto Louisiana Smith
and McKinney Smith, children of James Smith and Polly
his wife, to them and their heirs forever. It is my will and desire should
the said John Rutherford and his wife Betsy have any more
children hereafter that they shall have an equal interest in the lands
left to those named, and it is also my will that if Samuel B. Smith
and his wife Judy Smith should have any more children than those
named, that they shall have an equal interest in the part left the other
children of the said Samuel and Judy Smith. It is my will
and desire that in case James Smith and Polly Smith should
have any more children than those named, that they shall have an equal
interest in the land left those named. It is my will and desire that John
Rutherford and wife, Samuel B. Smith and wife, and James
Smith and wife may reside and live on the parts left their children
during their respective lives, but if either doth refuse to do so, their
land and share may be occupied by those that my choose to live upon their
respective parts, but it may not be rented out. It is my will and desire
that my negro woman Charlott be, and I do hereby set free and liberate
my negro woman Charlott after my decease. I give and bequeath unto
the before named children of John Rutherford and Betsy Rutherford
his wife, and to those they may hereafter have, all the children my said
negro woman Charlott now has or may have before my death, together
with my negro girl Easter now in possession of Joseph Huffmaster;
also my negro man named Simon, to them and their heirs forever.
It is my will and desire that the said negro children, negro girl Easter
and negro man Simon, remain in possession of Betsy Rutherford
during her natural live, and at her death the before named children to
have the sole right and title to them and their increase forever. I give
and bequeath to Betsy Rutherford my negro girl named Nancy,
to her and her heirs forever. It is my will and desire that all the rest
of my Estate, both real and personal be sold to pay my just debts, and
if there should not be a sufficiency to pay all debts, dues and demands,
it is my will that my negro man Simon above named be sold to make
up the deficiency. And if there should be any left after paying my just
debts, I give all the residue of my estate to Judy Smith the wife
of Samuel B. Smith, to be given to here in such manner as
my Executors hereafter named may think proper for the purpose of raising
and supporting her children so as the said Samuel shall have no
control over the same. I will to my negro woman Charlott (that I
have freed) one cow and calf for her support, also one sow and pigs to
her own use. I appoint Samuel Powel Executor to this my last Will
and Testament, hereby revoking all former wills made by me, publishing
this to be my last Will and Testament. In witness whereof I have hereunto
set my hand and seal this sixth day of September, in the year of our Lord,
one thousand eight hundred and fifteen.
James Breeden (seal)
Sealed, published and declared in presence of us: Test. Sam Smith Richard
Mitchell James X Sanders (his mark)
Page 38
In the Name of God, Amen. I, Henry Burem of the County of Hawkins
and State of Tennessee, being of sound mind and memory, do make and ordain
this my last will and testament in writing, in manner and form as followeth:
First. I recommend my soul to God and my body to the Earth to be buried
in a Christian like manner, and such worldly goods as has come to my possession
I bestow in the following manner. First, I desire that all my just debts
shall be paid out of my Estate, my goods and chattels of every kind, together
with the negroes to be sold at a twelve month credit and the land to be
divided in five equal parts so that each lot will have an equal distance
on the river. Item 1st. I give unto my son Paskill H. Baren the
lot lying up the river on the upper end of the tract. Item 2nd. I give
unto my son Henry Burem the second lot up the river adjoining Paskill's
lot. Item 3rd. I give unto my son Charles Pitser Burem the middle
lot which will adjoin Henry. Item 4th. I give unto my two sons John
Burem and Absalom Burem the two lower lots and for them to cast
lots for the choice at any time after my son Absalom arrives at
the age of sixteen. Item 5th. My son Peter Burem I allow to get
no more of my estate as I have heretofore given him a full share... Item
6th. My daughter Darcus Kenner I have also heretofore given what
I consider a full share. I therefore give her no more of my estate. Item
7th My daughter Sally Charles I have also give hertofore what I
considered a full share. I therefore give her no more of my estate. Item
8th. I give and bequeath unto my daughter Polly Haus one hundred
and fifty dollars to be paid her 18 months after my decease. Item 9th.
My daughter Betsy Carter I have heretofore given an equal share.
I therefore give her no more of my Estate. Item 10th. THe lands which I
have given to my sons Charles P., Paskill H., Henry, John and Absalom
L., I give with the following conditions: That is, that neither of
them shall convey their right to a stranger, but may to one another and
should they presume to do that, the conveyance shall be void and of not
effect. Item 11th. As for what may remain in the hands of my Executors
which I will hereafter name, I wish to be equally divided between all my
children. That is, Polly Haus, Betsy Carter, Darcus Kenner, Peter Burem,
Sally Charles, C. Pitser Burem, Paskill H. Burem, Henry Burem, John Burem
and Absalom L. Burem. And to carry this my last Will and Testament
in writing into execution and effect, I constitute, nominate and appoint
my beloved son Paskill H. Burem and Jacob Miller my Executors,
annulling revoking and making void all to her wills by me made. In witness
whereof I the said Henry Burem, have hereunto set my hand and affixed
my seal. This 28th April, One thousand eight hundred and twenty two.
Signed, sealed published and declared in presence of us who at the request
of him the said Henry Burem became subscribing witnesses thereto.
H'ry Burem (seal)
Page 39
Date Sept. 13, 1823
In the Name of God, Amen. I, William Berry of the County of Hawkins
and State of Tennessee, being of sound mind and perfect memory, considering
the uncertainty of this mortal life and being of sound mind, blessed be
God for the same do make and publish this my last Will and Testament in
manner and form following, that is to say: First my debts to be paid. Then
one dollar unto my daughter Elizabeth Walker; one dollar to my daughter
Rachael; one dollar to Sarah (Mulhel?); one dollar to my
son John; one dollar to my son Thomas; one dollar to my son
William; one dollar to my daughter Mary; one dollar to my
son Francis; one dollar to my daughter Hannah. My will is
that my wife Suanne shall have all the household and kitchen furniture
for to do with as she thinks proper at her death, and my will is that Benoni
Morlan shall have my land for taking care of me and my wife as long
as we live, and my will is that my wife shall have the use of the farming
tools and all the stock after my death as long as she lives. I do make
and ordain Benoni Morlan to be my whole and sole Executor of this
my last Will and Testament. I do hereby disannual all wills former and
testaments, wills, bequests ratifying and confirming this and no other
to be my last Will and Testament. In witness I have hereunto set my hand
and seal This 13th day of September, 1823.
William Berry (seal)
Benjamin Morlan Even C. Morlan
Page 40
Dated: April 4, 1829
In the Name of God, Amen. I Peter Barr, Sen'r of the County of Hawkins
and State of Tennessee, being of sound and disposing mind and memory, bringing
to mind the mortality of this life, knowing it is appointed for all persons
once to die and having a desire to dispose of such worldly estate wherewith
it hath pleased God to bless me do make and publish this my last Will and
Testament in manner following, to wit: Item First. I give and bequeath
unto my beloved wife Edy during her natural life all and every part
and parcel of the land and tenements whereon I now live, together with
all the entries that I have heretofore made joining said land at at her
death, the aforesaid lands to be equally divided between my two sons, namely
Jacob and James Barr. Item Second. I give and bequeath to
my wife Edy during her natural life all my personal property of
every description composed of the following articles, to wit: All my stock
of cattle, hogs and sheep, household and kitchen furniture, working tools,
&c, together with my sorrel mare, but it is understood that each of
my children hereinafter named is to have the privilege of raising a cold
from said mare. My son Jacob is to have the first colt that the
said mare may bring after the one that she is now in fold with which belongs
to my daughter Nancy. My daughters Barbary, Deborough and
Susan, each to have a colt from said mare, and if in case my said
wife Edy should marry, all the above property both real and personal,
shall descend to my said two sons, namely Jacob and James,
with the exception of the colts heretofore named. And in case my said wife
should not marry, at her death all the personal property of every description
(is) to be divided between my said sons, Jacob and James.
Item Third. And it is further my will and desire that my four daughters,
namely Nancy, Barbary, Deborough and Susan should remain
with their mother until they arrive to the age of maturity and to have
their support out of the proceeds of the property and to have and receive
a reasonable portion of schooling, and it is further my will and desire
that my said sons Jacob and James should take charge of my
said farm and have the use of all my property by supporting myself, their
mother and their four sisters heretofore named, but not to have any of
the property at their disposal, except for the use of my said property.
ANd it is further my will and desire that after my death and the death
of my wife Edy that my two sons, Jacob and James shall
sell so much of my property as will make twenty-five dollars and dispose
of it in the following manner: To my son Michael, five dollars;
to my son Henry, five dollars; to my son Peter, five dollars,
to my son George, five dollars; to my son Mathews, five dollars
and it is my will and desire that they receive no other part of my said
Estate. Lastly. I do hereby constitute and appoint my friend John G
(or S.) Wells of County of Hawkins, Executor of this my last Will and
Testament. In testimony whereof I have hereunto set my hand and Seal this
4th day of April, A.D., 1829.
Peter X Barr (seal) (his mark)
Signed in presence of: G. McCraw William X Golding (his mark)
Page 40
Dated: January 5, 1827
In the Name of God Amen. Be, it remembered that I Thomas Bramhall
of the county of Hawkins and State of Tennessee, being week in body but
of sound mind and memory, but considering the uncertainty of this mortal
life and being of sound and perfect mind and memory, blessed be Almighty
God for the same, do make and publish this my last will and testament in
manner and form following. That is to say:_ First. I give and bequeath
to my beloved wife Judith Bramhall all my Estate--lands, stock and
all kind, together with all my household furniture or freehold estate,
I give unto her to dispose of as she sees cause to do during her life.P
Item. It is my desire that at her decease my grandson Jacob Bramhall
should have a horse colt, two years old next summer, also one feather
bed and furniture. Item. It is further my desire that my dear and well
beloved wife should dispose of all my goods and chattels as she sees fit
at her decease, whom I hereby appoint sold Executrix of this my last will
and testament, hereby revoking all former wills by me made. In witness
whereof I have hereunto set my hand and seal this fifth day of January
in the year of our Lord, one thousand eight hundred and twenty-seven Signed,
sealed, published and declared by the above named Thomas Bramhall
to be his last Will and Testament in the presence of us who at his request
and at his presence have hereunto subscribed our names as witnesses to
the same. WItnesses:.William X Skelton Thomas X Bramhall (seal)
(his mark) James X Skelton (his mark) William Feagins
Page 49
Dated: May 23, 1838
In the Name of God, Amen. I, Daniel Bloomer of the State of Tennessee,
Hawkins, County, being very low in body, but in perfect mind and memory,
thanks be given unto God. Calling into mind and mortality of my body and
knowing that it is appointed for all men once to die, do make and ordain
this my last Will and Testament, that is to say: Principally and first
of all, I give and recommend my soul into the hands of Almighty God that
gave it, and my body I recommend to the earth to be buried in a decent
Christian burial at the discretion of my Executor, and as touching such
worldly wherewith it has pleased God to bless me in this life, I give,
devise and dispose of the same in the following manner and form: First
of all: I give and bequeath to Lucy my dearly beloved wife, half
of this plantation or the benefit thereof, my dwelling house and kitchen
and all the furniture belonging to them and all the property that I now
claim during her life, and for her to pay all my just debts and further
for her to pay my daughter Lucy one hundred and sixty dollars at
her marrying or coming of age. Also for the land I have in Scott County,
Virginia, I will and bequeath to four of my sons which is William Bloomer
who is to have from the lower end of the survey up to a beech and hickory.
Thence a southeast course with a conditional line between him and Nehemiah
Bloomer's field. Joseph Bloomer is to have from the last conditional
line up to a cucumber (tree) and back near the upper end of Joseph Bloomer's
field. Thence southeast course to the creek. Thence running with the creek
to a double lyme. James Bloomer is to have from this conditional
line to the upper end of the survey: these lines are also to extend across
Iham Young's entry that I have made. The house where Jesse Bloomer
now lives, I bequeath to him: also the other half of this plantation
and at the death of my wife, the whole of this plantation is to be his.
I bequeath at the death of my wife all the personal property, household
and kitchen furniture, money and negroes to my six girls: Mary, Elizabeth,
Milly, Phebe, Marthy, Lucy, and I further request my wife to have full
power to sell or convey these negroes at any time for her decent support.
I further bequeath Lucy have one falling leaf table and corner cupboard
extra of her one hundred and sixty.. And I do hereby utterly disallow,
revoke and disannul all and every other former testament, wills, legacies,
bequeaths and Executors by me in anywise before named, willed and bequeathed-ratifying
and confirming this and no other to be my last Will and Testament. In witness
whereof I have hereunto set my hand and seal, and I appoint for my Executors,
William Walling, Jr. And James Bloomer.
Daniel x Bloomer (seal)
Test: (his mark) Ezkiel x Sullivan (his mark) Claiborne Roberson
Page 50
Dated: June 26, 1838
Proven: Feb. and April Term, 1855
In the Name of God, Amen. I, Thomas Barrett of the County of Hawkins,
State of Tennessee, being in a low state of health, but of sound and disposing
mind, memory and understanding-considering the uncertainty of death and
the uncertainty of the time thereof, do ordain and constitute this my last
Will and Testament in manner and form following , Viz: First. I commend
my soul into the hand of Almighty God and my body to the earth to be decently
buried at the discretion of my Executors hereinafter named: Item. To my
beloved wife Winefred Barrett, I leave one horse, two milk cows,
one feather bed and furniture, and all the lands on this side of the creek
between the lines of William Reynolds where he now lives and where
he formerly lived, including the dwelling house and other houses, also
the lands on the other side of the creek between the lands of John Barrett
and William Reynolds, to her so long as she remains my widow. At
her death the lands (are) to belong to our youngest son Alfred Barrett.
Item. The land on which our two sons, Pleasant and Hugh now
live to be divided between our sons, Hugh and Pleasant's
children. The children (are) to have the lower end of the land including
the house they live in and as far as they have enclosed in a fence and
then up the hollow to Anderson's line. Item. To our son John
Barrett, I leave all the lands in the following bounds: Beginning on
a stake, corner of the bank of the branch opposite the great hollow that
leads down to the creek on the left of my Sugar Camp. Thence up the fence
by the side of the branch to a cross fence, then down cross fence to the
creek. Then up the creek to the road. Then with the road to my line. Then
with my line to the head of aforesaid hollow, then down the hollow to the
beginning. To my other two sons, Nelson and Thomas Barrett,
I leave a tract of land I purchased of James Donelson, to be divided
between them. The line to run with the creek where it will strike the creek
after leaving the little meadow near the barn on Thomas' side. Nelson
to have the upper end including the dwelling house. The land in Big Poor
Valley adjoining the Donalson Tract also to be divided between Nelson
and Thomas. My wife to have the care of Thomas until
he is of sufficient age to go to himself. Item. My other land in Big Poor
Valley to be divided between our sons John and Alfred. Item.
I leave to Thomas and Alfred the colts already given them.
I leave unto my daughters Polly, Nancy and Malinda each one
bed and furniture and to each one a milch cow. Item. After my just debts
are paid, what money may be left and...the balance of my property sells
for, I wish to be divided between our daughters Holly Ford, Betsy Reynolds,
Louisa Grose, Polly, Nancy and Malinda Barrett. Betsy Reynolds
to pay $20.00 to the other girls except Holly Ford out of her portion.
Item. To William Reynolds I leave all the lands he has under fence
where he formerly lived, except a small timothy lot which will belong to
Alfred at his mother's death. Item. The land whereon William
Reynolds now lives he purchased of our son Clinton Barrett.
I leave to said Reynolds-the lines to run as specified in the articles
between us now held by Jim Barrett. Our sons John and Nelson
are to pay $10.00 each to be divided between our daughters Polly,
Nancy and Malinda. As I have previously given to our son Clinton
his portion, I now give him the sum of $2.00 to let him know he still lives
in my affection. And for the purpose of carrying into effect this my last
Will and Testament, I appoint my sons John and Nelson Executors,
to see that it is done. In testimony whereof I have hereunto set my hand
and seal this twenty sixth day of June, in the year of our Lord one thousand
eight hundred and thirty eight, in the presence of: (interlined before
signing)
Thomas x Barrett (seal)
B. W. Vaughan David x Anderson (his mark) Elijah D. x Gillenwaters
Anthony Samith
Page 52
Date: No date given
I, David Blackwell, in the Name of God, Amen, ordain this my last
will and testament, that is the say: In the first place I give and bequeath
to my dearly beloved wife Anny my whole estate, real and personal,
to do with and make use of in what like manner she may see fit during her
lifetime, then to my children to be equally divided amongst them.. Whereunto
I have set my hand in the presence of: David Blackwell Benj. Hawkins
John Bunch (Jurat) Henry Lewis
Page 52
Dated: May 6, 1839
To all whom these may concern, I, Alexander Ballard, Sen'r., in
the Name of God, Amen, being sound in mind and memory, but frail in body
do make and ordain this my last Will and Testament. First. I give and bequeath
unto my grand daughter, Sarah Ann Ballard, the daughter of my son
Alexander Ballard, Jr., my dwelling house and all my household furniture,
to wit: One bed and furniture, one corner cupboard, one chest and one table
and two chairs, one pot, one frying pay. To the said Sarah Ann Ballard,
for her service to me in my old age, to be the said grandchild's forever
after my death. In witness whereof I have set my hand this day and year
above written.
Alexander x Ballard, Sr. (his mark)
Test: Andrew Coffman Thimas x White (his mark)
May the 6th, One thousand Eight hundred and thirty-nine. To all whom these
presents may concern. I Alexander Ballard, Sr., in the name of God,
Amen, being sound in mind and memory, but frail in body do make and ordain
this my last Will and Testament. My will is that my grandson, James
Mauley Ballard, son of Alexander Ballard, Jr., first, my saddle
and bridle and big coat, the same to be James M. Ballard's after
my death, and also he-the said James Mauley Ballard, is to have
one hundred dollars in silver when he is twenty one years of age, which
I will to him after my death. And last of all, my will is that my son,
William Ballard or his heirs, one dollar; John Ballard, one
dollar; David Ballard one dollar; Joshua Ballard, Alexander
Ballard, Jr., George and Jesse Ballard one dollar each, and
to my daughter Jane, one dollar. All my burial expenses (to be)
paid out of my estate. In witness whereof I set my hand this date and year
as above written.
Alexander Ballard, Sen'r Test: Andrew Coffman Thomas x White
(his mark)
Page 53
Dated: July 26, 1840
In the Name of God, Amen. I, Nicholas Baldwin of the County of Hawkins
in the State of Tennessee, being in great bodily affliction and believing
my corporeal existance near an end, yet being in my mind pure, do hereby
make this my land Will and Testament in words and figures as follows: To
my dear wife, Ailcy Baldwin, I do bequeath all my land and stock
and household furniture to raise her children on that she has now and to
have full power to sell and apply any personal property to the use and
maintenance of the children during her natural life or widowhood, to give
to each and every one as they come of age what she may think a reasonable
portion, and when they all come of age for her if she yet lives, to have
the land for her maintenance. But should she marry again, the property
to be sold on a twelve months' credit by my Executors that I shall hereafter
name-all but one bed and furniture which she shall have and all the land
I want in that case to be rented by my Executors for cash or other property,
and if property, to be sold for cash and the money kept at usury, and at
the youngest coming of age, the money and land to be equally divided among
the children, taking into consideration what the older ones have got as
they grew up. And should the children want any money for schooling in the
case my wife Ailcy Baldwin married, the Executors shall advance
what they think reasonable for their schooling and should she marry a sober,
pious man that the children would be willing to live with, in that case,
if she choose to live on the land, she shall have half the cleared land
to stay on till the youngest child comes of age, then a division as before
stated take place and the other half of the land be rented, and but so
long as she remains single, she is to have the sole control of the tendings
of the land, and the right of the personal property till the youngest child
comes of age, then to have a third of the land during her life or widowhood.
And, I do hereby appoint my friends Richard Mitchell and Henry
Byrd my true and lawful executors to this my last Will and Testament,
and I do hereby make this my last will, revoking all former wills by me.
And in full testimony of the above...will, I have set my name and affixed
my seal on the 26th day of July in the year of our Lord, one thousand eight
hundred and forty. In presence of Joseph Brooks and John Byrd
who are subscribing witnesses hereto. Nicholas x Baldwin (seal)
Witnesses: Joseph Brooks, John Byrd
Page 54
Dated: July 29, 1839
Proven: Nov. 1839
In the Name of God, Amen. I, John Bolin of Hawkins County, State
of East Tennessee, being sick of body but of sound disposing memory, do
resign my soul to Almighty God who gave it and after a decent burial my
will is that all my just debts be paid and the balance of my worldly goods
I give and bequeath as follows: Item. I give and bequeath to my beloved
Father and Mother all my land together with all my crop and all other property
I possess during their lives, and after their death... Item. My will and
desire is that James Bolin should live with his father and mother
and take care of them as long as the live and at their death for James
Bolin to have all the said property that is left. I acknowledge this
to be my last will and testament. July 29, 1839. I appoint James Bolin
my Executor.
John x Bolin (his mark)
Page 55
Dated: July 24, 1840
Proven: Aug. Term, 1840
In the Name of God, Amen. I, John Beeil of Hawkins County and State
of Tennessee, being very sick and weak in body, but good perfect mind and
memory, thanks be given to God, do make and ordain this my land Will and
Testament. I recommend my soul into the hands of Almighty God that gave
it to my body I recommend to the earth to be buried in a decent and Christian
burial, and as touching such worldly estate I leave it at the discretion
of my Executors in form and manner following: First. I give and bequeath
to my beloved wife Eve the plantation whereon I now live... and
all the property belonging to said land to have and to hold until her death,
and after her death my daughter Catherine shall have the land and
$150.00 worth of said property to be valued to her, to have and to hold
during her single life and good behavior, and also there is a certain tract
of parcel of land lying between Martin Beeil's lines and Jacob
Maxe's that my son David had bought of me, and there is $145.00
that is coming to me for the land, and I also give that to my beloved wife
Eve and whenever my son David shall pay this money she shall
make him a lawful deed for said land. And I also leave Joseph Wright
and William Keeler to be Executors on my whole Estate. As witnesses
my hand and seal this 24th day of July 1840. Signed, sealed and delivered
in the presence of John Beeil. This is his last Will and Testament.
John Beeil (seal)
Test. Joseph Wright William Keller
Page 56
Dated: June 14,, 1842
I, Burwell Bassett, of the County of Hawkins and State of Tenn.,
being weak in body but of sound and disposing mind and memory, bringing
to mind the mortality of this life, knowing it is appointed for man once
to die and having a desire to dispose of such worldly estate which it has
pleased Almighty God to bless me with do make and publish this my last
will and testament in manner following to wit: First. I will that all my
just debts be paid, that my Executor hereinafter named shall sell so much
of my personal property as will be sufficient to pay all my just debts,
and the balance of my personal estate I give and bequeath unto my beloved
wife Martha Bassett during her naturl life or widowhood. And I further
give and bequeath unto my said wife all the tract of land with its appurtenances
whereon I now live, and in case she should marry, then in that case my
Executors hereinafter named shall have full power and authority to sell
all my personal property, together with my negroes and the proceeds of
such property to be equally divided between my said wife Martha and
my children hereinafter named, to wit: Elvira Bassett who intermarried
with Joseph Vaughan, Ketturah Bassett, Adaline Bassett, Alexander Bassett,
Richard Nathaniel Bassett, James N. Bassett, Martha and Helen
Bassett, share and share alike, but it is further my will and desire
that in case my said wife Martha should marry, that my said Executors
shall divide the tract of land whereon I now live equally between my said
wife Martha and my children before named, reserving to themselves
the right to lay off and set apart to my wife a lot to include the mansion
house where I now reside with the privilege of water from the spring that
I now make use of, which lot of land and building my wife shall have and
enjoy during her natural life, and at her death the said lot of land to
be equally divided amongst my said children. And in case my wife should
remain single and keep my said property together, that she raise and school
my said children out of the proceeds of the property and farm free from
cost. And it is further my will and desire that as my said children heretofore
named shall marry that my wife, with the advice and consent of my said
Executors shall set apart so much of my personal estate as they may think
my said wife can conveniently spare so as to make the balance of my said
children equal to what my daughter Elvira has received. And it is
further my will and desire that my wife Martha remain in possession
of all my real and personal property during her natural life or widowhood,
and that she have and enjoy all and singular my real estate subject nevertheless
to the foregoing conditions stipulated above. And lastly, I do constitute
and appoint my friends James L. Etter and Joseph Vaughan of
the County of Hawkins and State of Tennessee my Executors of this my last
Will and Testament, revoking all former wills heretofore made by me. In
testimony whereof I have hereunto set my hand and seal this 14th day of
June, in the year of our Lord, A.D., 1842
Burwell W. Bassett (seal)
Signed, sealed and declared in presence of: William McCraw Spencer Bassett
G. McCraw
(Abstracted )
Page 57
Dated: October 1, 1842 Proven: May 6, 1845
In the Name of God, Amen. I, William Bradley, of the County of Hawkins
and the State of Tennessee, being advanced in years, but in good health,
and of sound mind and memory and understanding do make and ordain and publish
this my last will and testament in manner following, that is to say: First:
I desire that any just debts which I may owe shall any remain at my decease,
be paid by my Executors hereinafter named, out of the money on hand or
debts due to my Estate. Second: To my grand daughter Nancy B. Phipps,
the only issue at present born of the marriage between my daughter Louisa
and Joshua Phipps, I give and devise the lands I bought of Jacob
Felkner and William Armstrong, situated in said County of Hawkins,
and also the land lying behind them from the stage road, to have and to
hold the same, to the said Nancy B. Phipps, during the term of her
natural life, with remainder to her issue in fee simple, if any she should
have. But in the event the said Nancy B. Phipps at any time hereafter
shall have any brother or brothers, sister or sisters born, the issue of
said marriage of my daughter Louisa and Joshua Phipps, my
will and intention is that such after-born issue, if any such there should
be, shall take hold and enjoy said lands equally, in all respects with
Nancy B. Phipps, to them and the survivor of them and their heirs
in fee simple. And should the said Nancy B. die without issue, and
without brother or sister or brothers, sister or sisters...then my will
and intention is that said lands shall go to and rest in my son Orville
Bradley in fee simple, if living, or to his lawful heirs should he
be dead. And in case my said son should be dead without leaving lawful
issue, my will and intention is that said lands shall go to my own lawful
and proper heirs, according to the statues of descent of Tennessee. My
will, desire and intention being in relation to the said lands, and also
in relation to all the other lands and property hereinafter mentions, that
the same and every part thereof remain vested and descend to my own proper
heirs and lineal descendants and their issue, as far as practicable, from
generation to generation. I furthermore desire that the said Nancy B.
Phipps shall be let into the full possession and enjoyment of the foregoing
devise upon her attaining the age of 21. Third. To my only daughter Louisa
Phipps, the wife of Joshua Phipps, I give and devise the lands
on which I now live adjoining G. Leeper on the river above and the
Felkner place below, including the houses and improvements where
I reside; also all my homeplace not included in the foregoing devise of
the Felkner Place to the said Nancy B. Phipps, west of the
creek on which G. Lyon's grist mill stands. To have and to hold
the same to my said daughter during the term of her natural life, and at
the death of my said daughter, Louisa, my will and intentions is
that the estate in remainder of said lands shall rest in my grand daughter,
the said Nancy B. Phipps, during her natural life, and then in her
issue, if any she should have, in fee simple. To have and to hold the same
in like manner, and upon the same terms and conditions in all respects
as are set forth and specified in the foregoing devise to Nancy B. Phipps;
that is to say, in the event there shall be any other issue hereafter born
of...Louisa and Joshua Phipps...such after-born issue shall take
hold and enjoy said Estate in remainder equally in all respects with Nancy
B. Phipps, to them and their heirs forever, and to the survivor of
them, and should the said Nancy B. die without issue, and without
brothers or sisters, or the lawful issue of such, my will and intention
is that...estate in remainder shall go to and rest in my son Orville
Bradley and his heirs in fee simple, if living and in case he should
be dead...leaving no lawful issue, my will and intention is that the estate
in remainder in said lands shall go to and rest in my own lawful and proper
heirs according to the statues of descent in Tennessee, in like manner
in all respects as provided in the second devise of this my last will and
testament. Fourth. To my son Orville Bradley, I will and devise
all the rest and residue of my lands and real estate wheresoever situated,
to have and hold...to him and his heirs in fee simple. I also give and
bequeath unto my son Orville all the money on hand; also all the
notes, bonds, debts and evidences of debt belonging to me on hand at my
death, also all my negroes not previously or otherwise disposed (of) or
conveyed...by me. Fifth. All my stock of grain, stock of every kind, household
and kitchen furniture, farming utensils and all my other personal property
not previously disposed of...except my Pianoforte, shall be divided between
my son Orville and my daughter Louisa Phipps in manner following:
Two thirds of same I will and bequeath to my son Orville, and the
remaining one third to my daughter Louisa Phipps to her sole and
separate use with full power and authority to dispose of the same in such
manner as she shall deem proper, by gift, deed, will or otherwise. Sixth.
It is my will and desire that should my son Orville die leaving
no lawful issue, the negroes above given and bequeathed to him and their
increase...shall go to and rest in the said Nancy B. Phipps, it
living, or if dead, to her lawful heirs. And should there be any brothers
or sisters hereafter born, the issue of Louisa Phipps, such after-born
issue shall share said negroes equally with Nancy B. Phipps... Seventh.
I give and bequeath my Pianoforte to Nancy B. Phipps. Eighth. I
do hereby nominate and appoint my son Orville Bradley, and my friend
Jesse Lyons Executors of this my last will and testament. And Lastly.
I do revoke and make utterly void all former wills by me at any time heretofore
made, declaring this to be my last Will and Testament. In witness whereof
I have hereunto affixed my hand and seal This 1st day of October, 1842.
William Bradley (seal)
Signed, sealed and declared by the said William Bradley as his last
will and testament in the presence of us who have hereunto affixed our
names as witnesses at this request, and in his presence, the date above
written. J. P. McCarty Jas. M. Hord John T. Brice
Page 60
Dated: May 4, 1844 Proven: May 5, 1845
I, William Baldwin, do make and publish this my last will and testament,
hereby revoking and making void all other wills by me made (at) any time.
First. I direct that my funeral expenses and all my debts be paid as soon
after my death as possible out of any money that I may die possessed of
or may first come into the hands of my Executors. Second. I give and bequeath
unto my son William the west end of my plantation where I now live,
also the tract I purchased of McCraw by him paying my present debts,
and also my son Nicholas fifty dollars (on?) a horse when he become
of age. Thirdly. I will and bequeath unto my son John the east end
of my home plantation, by him paying to my son Nicholas fifty dollars
in a horse when he becomes of age. Fourthly. I give and bequeath to my
beloved wife Mary the use of my plantation during her widowhood.
Fifthly. I will and bequeath that my daughters, Viz: Ann, Mary Esther
and Elizabeth Jane have each a good feather bed and clothing and
one good cow each. Lastly. I do hereby nominate and appoint my son William
K. Baldwin my Executor. In witness whereof I do to this my will set
my hand and seal This the 4th day of May, 1844.
William x Baldwin (seal)
Signed, sealed and published in our presence...of the Testator this the
4th day of May, 1844. Witnesses: Anderson Campbell Joseph Garland John
x Byrd (his mark) John Davis
Page 61
Dated: September 27, 1845
In the Name of God, Amen. I, Orville Bradley, being of sound and
disposing mind and memory, but feeble in body, do publish and declare this
to be my last will and testament. 1st. It is my will and desire that out
of whatever money I may have on hand at my death, or debts coming to me,
that all my just debts be paid. And should there not be sufficient to pay
them, then and in that case, out of my personal estate, and the expenses
attending my funeral. 2nd. It is my will and desire that all my estate
both real and personal which I may be possessed of at my death shall be
vested in Hugh Walker and George R. Powel for the benefit
of my niece Nancy Bradley Phipps, the daughter of Joshua and
Louisa Phipps. And should the said Nancy Bradley Phipps die
without leaving heirs of her body, then it is my will and desire that all
my property both real and personal, at her death be sold by my Trustees
hereby appointed, and a permanent fund raised for purposes of General Education
in the County of Hawkins and the interest of said fund applied to the use
of common schools. 3rd. It is my will and desire that should my Trustees
hereby appointed believe it to be for the interest of my said niece, Nancy,
that they may at their discretion within five years from this date, sell
the same either at public or private sale as they may think most desirable,
for the use and benefit of my niece...and the proceeds of said sale to
be loaned out as an accumulating fund by my Trustees, as aforesaid until
my said niece shall have attained the age of 21 years. 4th. It is my will
and desire that all my negroes and my stock should remain on the farm as
they are now, and the proceeds of my said farm applied to the payment of
my debts or encumbrances which may lawfully arise against my estate otherwise
to be an accumulation fund as aforesaid. 5th. It is my will and desire
that if in the judgement of my Trustees hereby appointed, any of my slaves
should become refractory or unmanagable or useless to my estate, that they
may dispose of them at private or public sale as they in their discretion
my think advisable. It is my will and desire that my Trustees for their
trouble in carrying out the provisions of this my last will and testament,
shall be allowed a reasonable allowance to be paid them out of my estate.
Orville Bradley (seal)
Signed, sealed published and declared in the presence of us the undersigned:
D. Alexander S. D. Mitchell Chas. J. McKinney Samuel Neill, Sr. Robert
H. Hale
Page 62
Dated: July 19, 1847 Proven: Sept. 6th. 1847
I, Jacob Bowman of the County of Hawkins and the State of Tennessee,
do hereby make and constitute this my last will and testament hereby revoking
all former wills by me at any time made. 1st. My will and desire is that
all my just debts be paid out of any money I may die seized of possessed
of, or that my first come into the hands of my Executors. 2nd. My will
and desire is that my beloved wife Mary may have and hold possession
of my house and farm...during her life or widowhood. 3rd. My will and desire...my
son David have the farm whereupon he now lives, and pay $100.00
to the other children at the end of five years. 4th. My will and desire...my
son Jacob...have all my farm at his mother's death and live with
and take care of her during her life or widowhood. Except what I shall
hereinafter mention and bequeath to others, and that he pay $1,000.00 for
the benefit of my four youngest children as they become of age. 5th. My
will and desire is that my son William have the saw and grist mill,
and 100 acres of land on both sides of Big Creek, including all on the
east side and in direction with the creek and the west side...and that
he pay $1,000.00 for the benefit of my four youngest children, in equal
proportions to them as they become of age, and also to have all my carpenter
tools. 6th. My will and desire is that my son David have 20 acres
of land lying at the upper end of my farm on both side of the creek and
running so as to include the house where David Thacker now lives
parallel with the upper line, and 100 acres of land in the knob back of
John Harlan's farm, also to have my blacksmith tools. 7th. My will and
desire is that my daughters Anna and Rebecca, my sons John
and Samuel have $500.00 each when they become of age out of the
proceeds of the sale of my personal property, and a piece of land lying
on the south side of Bunker Hill which I wish to be sold. 8th. My will
and desire is that what there is of the proceeds of my Estate over the
bequests to my four youngest children after my debts is paid, I want my
beloved wife Mary to have. In testimony I have hereunto set my hand
and seal This 19th day of July A. D., 1847. I also wish my sons Jacob
and William and Christian Sensabaugh appointed Executors
to this my last will and testament, the date above written.
Jacob x Bowman (seal) (his mark)
Witnesses: Jacob Isenberg Jacob Simmons Thos. J. Amis
Page 63
Dated: March 11, 1853 Proven: July Term, 1853
I, Mordecai Bean do make and publish this my last will and testament
hereby revoking and making void all other wills by me at any time made.
First. I desire 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 may first come into the hands of my Executor. Secondly. I give and
bequeath to my wife Katharine Bean all my household and kitchen
furniture, stock of all kinds, my plantation and all its appurtenances,
all the grain and forage, together with everything that I possess, during
her life with full privilege to sell and use the same to pay any debts
that may be owing, or for her support and all other legal purposes. I have
heretofore given to all my children what I allowed them, unless there should
be something remain (sic) after my wife's death, which (is to) be equally
divided among my children. Lastly. I do hereby nominate and appoint my
wife Katharine Bean my executrix and that without giving any security.
In witness whereof I do to this my last will set my hand and seal. This
11th day of March, 1853.
Mordecai Bean (seal)
Signed, sealed and published in our presence and we have subscribed our
names hereto in the presence of the Testator. This 11th March, 1853 Robert
Wright, Eld(ridge) Hord: John Winn Note to foregoing: Eld. Hord witnessed
this will on 19th of April 1853, in presence of Mordecai Bean and John
Winn.
Page 64
Dated: May 3, 1854 Proven: June Term, 1854
I, William D. Brooks do make and publish this as my last Will and
Testament, hereby revoking and making void all other wills by me at any
time made. First. I desire that all my funeral expenses and debts be paid
as soon after my death as possible out of any money I die possessed of,
or may come first into the hands of my Executor or Administrator. Secondly.
I give and bequeath to my wife Susannah...all the interest that
I have in 160-acre land warrant which will be located in Missouri, Newton
County. Also to have one gray mare and colt, one four-horse wagon, one
yoke of oxen and two milch cows, household and kitchen furniture. Thirdly.
I direct that my lands, all where I now live, be sold and all the balance
of my personal property, after giving to my wife Susannah the above-named
property, that my wife have a child's part of the money arising from the
sale of my property. Fourthly. I give and bequeath to each of my children
(to wit): Margaret Mooney, George Brooks, James Brooks, Cillina Paschal,
Mary Webb, Susannah Bassett, Lafayette Brooks, Thomas Brooks, John Brooks,
Rachael Paschal, Albert Brooks, Leah Brooks, Nancy Brooks, I now give
to each of the above named children an equal portion of the money arising
from the sale of my land and personal property, each of them to have their
part as soon as my Executor or Administrator may have time to sell and
collect as the law directs, except those who are now minor children. Their
portion I direct remain in the hands of my Executor or Administrator until
they become of age or (are) competent to manage for themselves. Fifthly.
I also direct my two sons John and Albert have one horse
each to be bought by my Executor...out (of) any money that I may die possessed
(of) when they become 21 years of age. The above horses to be worth $65.00.
Sixthly. I...nominate my son James Brooks my Executor. In witness
whereof I do this my last will set my hand and seal. This 3rd day of May,
1854.
Wm. D. Brooks (seal)
Witnesses: John Altom, S. Brooks
Page 66
Dated: October 18, 1855 Proven: Dec. Term, 1855
I, John Barnett of the County of Hawkins and State of Tennessee,
do make and publish this my last will and testament, hereby revoking all
other wills by me heretofore made. I direct that my body be interred on
my own farm in a manner suited to my condition in life, and for the worldly
estate that it has pleased God to intrust with me with, I dispose of as
follows: 1st. I direct that all my just debts and funeral expenses be paid
as soon after my decease as possible. 2nd. I will and bequeath to my beloved
wife Tempy all my real estate and personal property during her natural
life. At her death I direct that my daughter Adaline Barnett have
one third of my real estate, also one cow and calf and one side saddle.
The balance of my real estate and personal property to be sold and equally
divided among my three daughters, Adaline Barnett, Lucy Barnett
wife of John Barnett, Jr. And Emily Miller wife of John
Miller. I hereby constitute and appoint my beloved wife Tempy and
William W. Johnson my sole Executrix and Executor. It is also my
desire that John Barnett, Jr. live on and attend a part of my lands
and pay my wife a reasonable rent for the lands he may attend. In testimony...I
have...set my hand and seal, Oct. the 18th, 1855.
John x Barnett (seal)
Test. Daniel Harrell N. H. Coldwell
Page 66
Dated: May 16, 1856 Proven: July Term, 1856
I, Thomas K. Baldwin being in feeble health but of disposing mind
and memory, do make and publish this my last Will and Testament, hereby
revoking and making void all other wills by me at any time made. 1st. 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 may
first come into the hands of my ...Executors. I give and bequeath to my
beloved wife Cassander during her natural life all my stock of horses,
hogs, cattle, sheep, household and kitchen furniture, one new wagon, farming
utensils &c, together with the entire growing crop of corn, wheat and
oats for the comfort of my beloved wife and family. I wish them settled
on a farm on which they may be able to make a support and in order to effect
that object, I wish my wife with the advice and consent of my Executors
to have the privilege of purchasing a farm on which to live ranging in
cost somewhere from twelve to eighteen hundred dollars, and in order that
the means may be had to make said purchase of land, I wish that my property
of any kind or description that in the judgement of my wife and my executors
can be spared that such property be sold upon such terms and conditions
as may be agreed upon my wife and Executors, and that the proceeds thereof
be applied to the purchase of said farm, and that the balance of the amount
necessary to pay for said farm be taken out of the first payments which
will hereafter fall due to me for lands I have sold to John N. Williams,
and after said farm shall have been purchased and my family settled thereon
as above contemplated, I wish my said wife to have the privilege of purchasing
for her own use a negro girl to be paid out of the proceeds of my said
land sold to John N. Williams, but in the event that my said wife
shall not choose to make the purchase of said negro girl, then the said
fund arising from the land sold to John N. Williams...shall be loaned
out by my Executors until my youngest child shall arrive at the age of
21, then the said amount with interest thereon to be equally divided between
my four children, and at the death of my beloved wife, the remaining portion
of any property and effects of every kind...to be equally distributed between
my legitimate heirs so as to make each one share and share alike. I do
hereby constitute and appoint William Davis of the County of Hancock
and Thomas J. Lee of the County of Hawkins, Executors of this my
last will and testament. I wish my Executor William Davis be allowed
to give security in his respective County of Hancock. In testimony I have
hereunto set my hand and affixed my seal.
Thomas K. Baldwin (seal)
Signed, sealed and published in our presence and we have subscribed our
names in the presence of the Testator. R. H. Drake Henry D. Chesnutt
Page 68
Dated: June 29, 1856 Proven: Sept. Term, 1856
I, John Burchell do make and publish this my last Will and Testament,
hereby revoking and making void all wills by me at any other time made.
First. I direct my funeral expenses to be paid as soon as possible after
my death out of any moneys that I may die possessed of or may first come
into the hands of my Executor Secondly. I give and bequeath unto my daughter
Sally Hicks one dollar. Third. I bequeath to my son John Burchell
one dollar. Fourth. I bequeath to my daughter Elizabeth Barr one
dollar. Fifth. I bequeath to my daughter Nancy Davis one dollar.
Sixth. I bequeath to my daughter Jane Collins one dollar. Seventh.
I bequeath to my daughter Catherine Burchell one dollar. Eighth.
I bequeath to my wife Rebecca Burchell all the remainder of my estate
consisting of horses, cattle, hogs, sheep, household and kitchen furniture,
farming utensils and all the present growing crop...consisting of corn,
wheat and other vegetables. Lastly. I do nominate and appoint George
Phillips my Executor. In witness whereof I do to this my will set my
hand and seal This 29th day of June, 1856.
John x Burchell (seal) (his mark)
Signed, sealed and published in our presence and we have subscribed our
names hereto in the presence of the Testator. This 29th of June, 1856.
Test: B. A. Creech John Whitaker
Page 69
Dated: August 26, 1857
Proven: May Tern, 1860
I, Hugh Barrett of the County of Hawkins and State of Tennessee,
being of sound and disposing mind and memory do make, ordain and publish
this my last will and testament hereby revoking and make void all other
wills by me at any time made. First. It is my wish and desire that my funeral
expenses be paid as soon after my death as practicable out of the first
money that may come into the hands of my Executor. Second. It is my wish
and desire that all my just debts be paid and my property whatever may
be left, disposed of as follows: To my son, John Nelson Barrett,
I will and bequeath one half of my landed estate, being half of the farm
whereon I now live including the house and other buildings, the farm to
be divided agreeable to quantity and quality, and further that my wife
Maria shall have a maintenance of life estate in said half of farm
so willed to my son John Nelson Barrett, in case she lives a widow,
but in case she marries, her maintenance of life estate in said parcel
of land to be at an end and descend to my son John immediately.
And further, my son John Nelson Barrett shall pay to his sister
Elizabeth Laurie Barrett $150.00 in good property or money to be
paid to her when she arrives at the age of 21 years. John, Elizabeth
and their mother to live on said piece of land. My wife Maria, mother
of John and Elizabeth, to have management and control of
said piece of land in case she lives a widow until John becomes
21 years old at which time he is to have control of the place. The balance
of farm, being the other half, I will and bequeath to my two sons William
and Thomas, to be equally divided between them. Thirdly. It is my
wish and desire that my movable property, whatever I may die possessed
of, shall be sold and the proceeds divided as follows: To my two daughters,
Sally and Orlena, I will $25.00 each, and the balance, whatever
it may be, equally divided between my five daughters, Matilda, Mary
, Louisa, Sally and Orlena. Fourthly. I appoint my brother,
Thomas T. Barrett, my Executor of this my last Will and Testament.
In testimony whereof I hereunto set my hand and seal. This 25th day of
August, 1851, in presence of the subscribing witnesses.
Hugh Barrett (seal)
Attest: Wm. x Hutchisson (his mark) T. T. Barrett A. P. K. Barrett
(Note from typist - The will is dated 1857 at beginning and 1851 at end
- I think this is an error from the original transcribist)
Page 70
Dated: September 11, 1858 Proven: May Term, 1860
I, William N. Barrett, of the County of Hawkins and State of Tennessee,
being of sound and disposing mind and memory, do make and ordain this to
be my last will and testament, hereby revoking all other wills by me at
any time made. First. It is my wish and desire that my funeral expenses
be paid out of any money that may first come into the hands of my Executors.
Second. It is my wish and desire that my beloved wife Nancy shall
have one third of all my lands, including my dwelling house, and all my
out buildings during her life in case she lives single, together with all
my notes, books and papers of every kind and all my movable property of
whatever kind it may be. Third. It is my wish and desire that out of my
money and notes and other movable property, my debts shall be paid by my
wife Nancy and nothing sold except at her discretion. Fourth. It
is my wish that the remaining two thirds of my land shall be divided between
my eight children, to wit: Wm. C. Barrett, Sarah Adaline, Ezekiel Haynes,
James Arthur, Mary Elizabeth, Peggy Jane, Thomas Orville and Martha
Cornelia, that they shall each receive their part as they reach 21
years of age. Fifth. It is my wish and desire that at the death of my wife,
the above-named property bequeathed to her shall be equally divided between
the.. .eight children, and in case she marries the same to be divided between
the children at her marriage as at her death. Sixth. It is my wish and
desire that my wife Nancy and Thomas T. Barrett be, and they
are hereby constituted and appointed my Executors of this my last Will
and Testament. In testimony whereof I have hereunto set my hand and affixed
my seal This 11th day of September, 1858 in the presence of the subscribing
witnesses. (his)
Attest: William N. x Barrett (seal) Wm. Hutchisson (mark)
A.P. K. Barrett
Page 71
Dated: November 1, 1858 Proven: Nov. Term. 1858
We, Malcom D. Moore & Abraham Beckner do state that the
nuncupative will of Joseph D. Beckner was made by him on the 20th
day of September, 1858, in our presence to which we were specially required
to bear witness by the Testator himself in the presence of each other;
that it was made in his last sickness in his own habitation or dwelling
house, as follows: It was his will and desire that his effects should be
disposed of after his decease in the following manner: 1st. That all his
debts and funeral expenses be paid. 2nd. That his son Abraham B. Beckner
is to have the privilege of building himself a house on a site somewhere
near spring and that he is to have it for himself and family a home. 3rd.
That beloved wife, Sarah Beckner to have use of all the rest of
estate during her lifetime or widowhood, except the provisions hereinafter
mentioned. That John F. Beckner is to live with his family until
age of 21, is to have a good horse, bridle and saddle and a good suit of
clothes, and that his son Abraham B. Beckner should see to him getting
the same. 4th. That his two daughters, Nancy and Rhoda be
permitted to live on the place with their mother, and after his wife is
done with the estate, all be equally distributed between his heirs, and
his grand daughter Mary Beckner is to be an heir with his children,
receiving an equal share of the estate with them. Made out by us and signed
this 1st day of November, 1858. A. Beckner M. D. Moore
Page 72
Dated: July 29, 1859 (or 23) Proven: Sept. Term, 1859
I, Benjamin L. Bussell, do make and publish this as my last will
and testament, hereby revoking and making void all other wills by me at
any time made. First. I direct that my funeral expenses and all my debts
be paid as soon after my death as possible, out of any money that I may
die possessed of or may first come into the hands of my Executor. Secondly.
I give and bequeath unto my well beloved wife Polly Bassell during
her lifetime or widowhood the plantation on which I now live, together
with all houses, barn and other outbuildings, and all the household and
kitchen furniture that I may die seized and possessed of, farming tools,
&c on the plantation and all the slaves and stock of every kind that
is upon or may be upon the plantation at the time of my death. Third. At
the death of my wife Polly Bussell, or in case of her marriage,
I give and bequeath plantation and improvements to my five sons, namely:
James M. Bussell, George W., John R., Calvin P. and Absalom T.
Bussell to be equally divided, share and share alike. The division
to be made in any manner they choose to adopt. Fourthly. I give and bequeath
the tract of land known as the Mill Place, consisting of several tracts
(to wit) a fifty- acre entry purchased from John Jones, a forty
acre entry and an eleven acre entry and the land I purchased from Joshua
and Louisa Phipps , that portion of it on which there is no encumbrances,
together with the grist and saw mills and all other machinery. emprovements
erected thereon, to my sons, namely: Benjamin Sanford Bussell and
Burwell W. Bussell, to be equally divided between them, share and
share alike. And in the event of the death of either of them without bodily
heirs, then and in that case the other to heir the whole premises to his
own proper use and benefit. Fifthly. I have heretofore given to my daughter
Virenda Charles a negro girl which I estimate to be worth $450.00
at the time of the gift, and I also gave to my daughter Sarah Ann Rutherford
a negro girl which I estimate to be worth $550.00 at the time of the gift.
And I also gave to my daughter Mary Ann Prater a negro girl which
I estimate to be worth $500.00 at the time of the gift. Sixthly. It is
my will and desire that at the time of the death or marriage of my wife
Polly Bussell, my Executor hereinafter appointed shall proceed to
sell all the property on hand at the time, consisting of slaves, stock
of all kind, wagons, gearing and farming tools, and household and kitchen
furniture of every kind and description. And when the proceeds of sale
of said property shall have been collected, he shall make the following
distribution thereof, that is to say: (I have heretofore paid to my sons
James M., George W. and John R. Bussell $275.00 each). He
shall pay to my sons Calvin P., Benjamin Sanford, Burwell W. & Absalom
T. each the sum of $275.00, and to my daughter Virenda Charles
$425.00.. .daughter Sarah Ann Rutherford $325.00 and daughter Mary
Ann Prater $375.00 to make them all equal with my sons to whom I have
heretofore made advances. Seventhly. After payments heretofore provided
shall have been made, if there is a surplus of money remaining in the hands
of my Executor, he shall make equal distribution between both sons and
daughters, share and share alike, till the whole is exhausted. Lastly.
I do hereby nominate and appoint my sons Calvin P. and Absalom
T. Bussell my executors. In witness whereof I do to this my will set
my hand and seal. This 23rd day of July, 1859. B. L. Bussell (seal)
Signed, sealed and acknowledged in our presence. John Hall, J. M. Charles, Burum Harrison
Page 74
Dated: July 17, 1859 Proven: Aug. 1862 July the seventh day, 1859.
In the name of God, Amen. I, Rebecca Burton, do make and publish
this my last will and testament. First. I direct that my funeral expenses
and all my debts be paid as soon as possible after my death out of any
money that I may die possessed of or may first come into the hands of my
Executor. Secondly. I will and bequeath to my daughter Elizabeth all
my interest in one tract of land containing 25 acres. Thirdly. I will all
my personal property to my daughter Elizabeth. I hereby set my hand
and seal to this my last will. July 17, 1859. Rebecca x Burton (her
mark)
Signed, sealed and published in our presence and we have subscribed our names in the presence of the Testator. This the 17th day of July, 1859. Witness: Nehemiah B. Burley; Jasper N. Murrell
Page 74
Dated April 23, 1860
I, Wesley Ball, do make this as my last will and testament, revoking
and making void all former wills at any time by me made. First. I direct
that my funeral expenses and all my 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 herein to be appointed. Secondly. I
give and bequeath to my beloved wife Jane Ball two good beds and
clothes &c that should belong to them, table, knives & forks, cooking
utensils and all other furniture of my house that would be necessary for
housekeeping. I will and bequeath that my Executor pay to her, my said
wife, $100.00 cash. I will that my wife shall have one horse, saddle and
bridle, her choice, and that she shall enjoy and keep possession of my
house that I now live in as her own during her life or widowhood, but at
her death or marriage, the house is to belong to my son S. H. Ball,
of whom I will hereafter speak. My will and desire is that my wife shall
have one choice cow, and if she chooses, five sheep, three or four hogs.
I will and bequeath unto my son John Ball all the land he lives
on, it being the land I bought of John Ball, Sr., also all the place
at the forks of the road called The Old Voting Ground where he--John--now
has his store and I purchased of D. Bailey. I will and bequeath
unto my son Spencer B. Ball all of my home place extending to the
top of the mountain each side, even with the lower and upper end, to have
full possession of my house after the death or marriage of my wife, but
to have full control of all the lands and out buildings when this will
takes effect. I will and bequeath unto my daughter N. Lucas, formerly
Nancy Ball all of the place she lives on and to the mountain top
each way as described in the piece I gave Spencer. My will and desire
is that my daughter Patsy who married Jacob Morelock and
now resides in the state of Missouri shall have paid to her for the use
of her and her own children by my Executors, $600.00 cash. I will and bequeath
unto my daughter Polly and her husband Jonathan Bernard all
the tract of land that John Smith now lives on which land I bought
of John Bernard and all of the land adjoining the same on the side
of Bay's Mountain to the top of the same, and in addition to this land
I desire my daughter Polly Bernard to have paid to her by my Executors
$500.00 which I think will make her equal with her sister Nancy Lucas.
I will and desire that my son John Ball, owing to his place in my
opinion being an over share, shall pay to me or my Estate $200.00, and
that my son Spencer H. Ball in like manner pay $500.00. I further
enjoin upon my two sons John & Spencer to support my wife with
a decent support during her life or widowhood, the expense to be born in
equal proportions with both. This I do because their lands are valuable
and hence they should support my wife. And finally, all other property
personal and real, debts, money and every species, shall be sold and collected
by my Executors, and equally divided among my five children or their heirs.
I do hereby nominate and appoint my two sons Spencer H. Ball & John
Ball my Executors of this my last will and testament. In witness whereof
I do to this my will set my hand and seal. This 23rd Day of April, 1860.
(his) Wesley x Ball (mark)
Signed, sealed and published in our presence, and we have subscribed our names hereto in the presence of the Testator. This 23rd Day of April, 1860. Jacob Miller, David Bailey,
State of Tennessee ) I James R. Pace, Clerk of the County Hawkins County ) Court of said county do hereby certify ) that the foregoing is a true and perfect copy of the last will and testament of Wesley Ball Dec'd. now on file in my office, this the 2nd day of February,1863. Jas. R. Pace, clerk
Page 76
Dated: June 15, 1860 Proven: Sept. Term, 1860
I, Samuel Bryant, considering the uncertainty of this mortal life,
and being of sound mind and memory, do make and publish this my last will
and testament in manner and form following, that is to say: First. I give
and bequeath unto my beloved wife Sarah Bryant the lands I now live
on and possess during her natural life, provided in the event she and my
executor together believe they can better her condition by selling the
land and purchasing others--or the proceeds kept unless she should come
to actual want. If so relieve her wants by using the means in her possession.
I also further give to my wife Sarah all the rest, residue and remainder
of my personal estate, goods and chattels of whatever kind and nature for
her use and benefit during her life, and after her death, if anything remains,
it shall be sold and the proceeds equally divided among my three daughters
(to wit) Mary Elizabeth, Martha Ann, Lucinda Cornelia, and as Mary
E., now Mary E. McAnnally and Martha A., now Martha
A. Wolfe have had some property (namely) a bed, saddle and cow - for
which I wish Lucinda Cornelia to be made equal by my Executors.
I hereby appoint my beloved wife Sarah and Leeroy Wolfe my
Executors of this my last will and testament by revoking all former wills
by me made. In witness whereof I have set my hand and seal this 15th day
of June, one thousand eight hundred and sixty.
Samuel x Bryant (seal) (his mark)
Attest: B. Blackburn & B. Golden
Page 77
Dated: March 4, 1851 Proven: Dec. Tern 1851
In the Name of God, Amen. I, Mary Burns, being of sound and disposing
mind and memory but feeble in health, do make, publish and declare the
following to be my last will and testament, hereby revoking and making
entirely void all other wills which I have at any time heretofore made.
First. It is my will and desire, and I so direct that after my decease,
I shall be buried according to the mode of Christian burial, and that my
Executors hereinafter named shall pay all the expenses attending my funeral.
Secondly. I will and bequeath unto my sons William and John all
my interest in a land warrant which has not as yet come to hand, for 160
acres of land, on account of service rendered by my deceased husband Robert
Burns in the Army of the United States in the War of 1812, and whereas
I have heretofore executed a Power of Attorney to Samuel Powel,
my son-in-law authorizing him to do all the business necessary to procure
said land warrant and to obtain a pension. It is my will and desire that
the business be taken out of the hands of Samuel Powel and that
my Executors hereinafter named and appointed shall have the sole and exclusive
control of the whole business and that the said Powel shall have
nothing further to do with said business. Thirdly. It is my will and desire
and I so direct that out of the money which nay arise from the sale of
said land warrant that my Executors pay unto my daughters Jane E. Davis
and Sarah Ann Powel each the sum of five dollars. Fourthly. It is
my will and desire that if I should obtain a pension from the Government
of the United States, that the same be equally divided between all my children,
share and share alike. Fifthly. I will and bequeath to my son John Burns
my bed and furniture. Sixthly. I will and bequeath unto my daughters Jane
E. Davis all of my clothing of whatsoever kind or character that I
may possess at my death. And Lastly. I do hereby nominate and appoint my
two sons John & William my Executors of this my last will and
testament. In witness whereof I do to this my last will and testament set
my hand and seal this 4th day of March, 1851.
Mary x Burns (seal) (her mark)
Signed, sealed and published in our presence and we have subscribed our
names hereto in the presence of the Testator. This 4th day of March, 1851.
George R. Powel J. R. Armstrong
Page 79
Dated: June 13, 1791
In the Name of God, Amen. I, Benjamin Cox of Hawkins County in the
Western Territory, South of the Ohio, being weak in body but perfect in
sense, praised be God, I do make this my last will and testament. Item
. Promise. I do hereby give unto my brother William Cox all my lands
unto him and his heirs forever. Item. I do hereby give unto my father William
Cox all my movable effects and living stock, unto him and his heirs
forever, after all my just debts are paid. I do appoint m loving and trusting
father my sole Executor of this my last will and testament, hereby revoking
all former wills and testaments. In witness whereof I do to all and every
part of the above said will and testament I have hereunto set my hand and
seal this thirteenth day of June in the year of our Lord, 1791. Sealed,
published and delivered by the written name of Benjamin Cox for
his last will and testament in the presence of us: Jesse Cox Benj. Cox
(seal) Solomon Cox (Jurat) Marjery Cox
Page 79
Dated: April 6, 1791
In the Name of God, Amen. I Ruben Craycraft, being through the abundant
mercy & goodness of God though weak in body yet of sound and perfect
understanding & memory do constitute this my last will and testament,
and desire it may be received by all as such. Imprimis I most humbly bequeath
my soul to God my Maker, beseeching His most gracious acceptance of it
through the all-sufficient merits and mediation of my most Compassionate
Redeemer, Jesus Christ who gave Himself to be an Atonement for my sins
and is able to save to the uttermost all that come unto God by Him, seeing
He ever liveth to make intercession for them and who I trust will not reject
me, a returning penitent sinner when I come to him for mercy in this hope
and confidence. I render up my soul with comfort hereby beseeching the
most blessed and glorious to prepare me for the time of my dissolution
and there to take me to Himself, into that peace and rest and incomparable
felicity which He has prepared for all that love and fear His holy name,
Amen. Next, I give my body to the earth from whence it was taken in full
assurance of its resurrection from thence at the last day. As for my burial,
I desire it may be decent, without pomp or state at the discretion of my
dear friend and my Executors hereafter named who I doubt not will manage
it with all requisite prudence. As to my worldly estate, I will and positively
order that all my just debts be paid, together with all my sickness and
funeral expense out of the same, that is to say, one brown mare about seven
years old, one blue broadcloth coat and jacket, one corduroy breeches,
one brown cloth coat and a white cloth jacket, one fine shirt, one pair
thread stockings, one pair new shoes, one pair of silver knee- buckles,
one cotton coat and three yards of homemade fustain; two pairs garters
and one old saddle and saddle bags and bridle. All of which the above mentioned
articles I will and positively order the balance after the above mentioned
debts or expenses is paid, to give the remainder to my father, William
Craycraft when he makes application for the same. And I do constitute
Thomas McLaughlin and Thomas Murrell Executors of this my
last will and testament and Trustees of the same. In witness whereof I
have hereunto set my hand and seal this 6th day of April in the year of
our Lord, One Thousand, Seven Hundred and Ninety-one.
Ruben x Craycraft (seal) (his mark)
Witnesses: Matthew Sims, Jacob x Graft Elisha Walling (his mark)
Note: The word "my" before burial interlined before signing &c.
Page 80
Dated: July 4, 1793
In the name of God, Amen. I, Collin Crilly, of Hawkins County and
ceded territory, South of Ohio River, being weak in body but in natural
sense doth make this my last will and testament, and do make void all former
wills. At my death I give and bequeath unto Elizabeth Musgrove,
wife to Saul Musgrove all my estate both in bonds and property accepting
two dollars in tred (trade), one to William Crilly and one to Jane
Thompson Crilly. And I do appoint John Young my Executor. As
witness my hand and seal this 4th day of July, 1793, in presence of: Test.
Collin Crilly( seal ) John Young Henry Larkin
Page 81
Dated: July 21, 1794
In the Name of God, Amen. I, Edward Cross, being sick in body though
perfect in memory, knowing it is appointed for all men once to die, do
make and ordain this my last will and testament in manner. . .as follows:
In the first place, I recommend my soul to Almighty God who gave it, and
my body to the earth to be decently buried at the discretion of my Executors,
hereafter mentioned, and as for what worldly goods it hath pleased God
to bestow on me, I give and bequeath in manner and form as follows: In
the first place, I give and bequeath unto my beloved wife Rebecker,
all my estate both personal and real, to her during her natural life or
widowhood, and at her death or marriage, I desire my whole estate to be
equally divided amongst all my children, i.e. rebecker Parmely,
Robert Cross, Elizabeth Cross, to have ten pounds less than the rest
of my children on account of former presents made to then. That is to say,
to be divided betwixt Rebecker Parmely, Robert Cross, Elizabeth
Cross, Deaner Cross, Mary Cross, Nancy Cross, William Cross and Gibbins
Cross, Patty Cross and James Cross. I appoint my beloved wife
my executrix and W. Thomas Gibbins, Sr. and my son Robberd Cross
my Executors. In witness whereof I have hereunto set my hand and seal
This 21st day of July, 1794.
Signed and sealed in the presence of: William Molsby Edward Cross (seal)
John Bean W. Elzey
Page 82
Dated August 25, 1798
In the name of God, Amen. I John Cox of the County of Hawkins and
State of Tennessee, being sick and weak, but of sound, disposing mind and
memory, do make and ordain this to be my last will and testament, in the
manner and form as followeth, viz: Item. I give unto my lawful wife Tibitha
Cox all my land and mill & all my negroes excepting one named Mille,
likewise all my stock excepting one horse colt. Likewise, all my household
furniture and working tools during her widowhood. I will and bequeath unto
my son Thomas one young horse colt, and I likewise bequeath unto
my daughter Ellice Cox one negro girl named Mille, to her
and her body heirs forever, and all her increase. Likewise, the said Thomas
Cox and Ellice Cox is to have an equal share with the rest hereafter.
It is my will and request that my brother Edward Cox should take
the remainder of the goods and to settle my accounts below as far as the(y)
will pay, and if there should not be as much as would satisfy the debts,
the said Edward Cox should have power to settle the books as far
as to pay the amount. And finally, I do acknowledge this to be my last
will and revoking all others. Witnesseth my hand and seal This 25th day
of August, 1798.
Witness present: John Cox (seal) Samuel Vernon, James Dougherty,
Abraham Vernon
Page 82
Dated July 8, 1804
In the name of God, Amen. I, William Crawford, being of sound and
perfect memory, blessed be God, do this eighth day of July in the year
of our Lord one thousand eight hundred and four make and publish this my
last will and testament in manner following, that is to say: I do give
and bequeath unto my loving wife all and singular my goods and chattels,
together with all my debts and movable effects, by her freely to be possessed
and enjoyed during her life. And I do hereby make and ordain my worthy
friend Christopher Wilflee Executor of this my last will and testament.
In witness whereof I, the said William Crawford, have set my hand
and seal, the day and year above written. William Crawford
Signed, sealed, published and declared in presence of: Robert McMinn,
Samuel Morrison
Page 83
Dated March 9, 1807
In the name of God, Amen. I Sally Coley, of Goochland County and
State of Virginia, being in a weak state of body, but of perfect mind and
memory and knowing it is appointed for us all one time to die, have ordained
this my last will and testament in the words and form as followeth: Item.
It is my will and desire that all my negroes to be emancipated after my
death, to wit: Lucy, Burton, James, Lewis, Frankey, Harrison, Martha
and Mary, all being the children of the first-named Lucy -
and it is further my will and desire that after my dec'd that these my
above mentioned negroes shall be all sot free that they may have the use
of my plantation one year after my death - together I give my stock of
all kinds to my above mentioned negroes to be equally divided among them
all. I further give unto my above mentioned negroes my plantation tools,
to them my negroes, whome my will is they shall be sot free. Item. I give
unto my sister Nancy Coley one large puter dish and one large bason.
Item. I give unto James Coley, son of Peggy Coley, my bead
and furniture together (with) the bead stead, card &c, provided he,
said James Coley, cones in thise county in the corse of two years
after my dec'd, and should he not apply in that time for sd bead and furniture,
it is my desire for Wm Coley to have it, who is son of Molly
Colley. It is further my will and desire that my above mentioned negroes
shall after my death have the balance of my household and kitchen furniture,
to be equally divided among then, and likewise for them, my said negroes
to have the growing crop and the crop that may be already made, if any
on hand. Item. It is my further will and desire that my land whereon I
know live to be sold to the highest bidder, one-third of the money to be
paid in hand, the other two-thirds to be paid in two annual payments. It
is further my will and desire that my Executor hereafter mentioned shall
fix my within mentioned negroes of with a lite horse carte and one horse
worth aboute fifteen pounds and should the horse I have now on hand be
dead or not able to help my within mentioned negroes move oute of the State
as the laws of the land calls for them so to do, it is my will and desire
their should be another horse provided for then by my Executors and two
mens saddles and bridles; the second horse, if wanting, should be at fifteen
pounds price - or there abouts. It is further my will and desire that my
negro woman Lucy's receipt give to my Executors for what I have
left she s ' d and her children so as to clear my Executors from herself
& her children as they are at this time under age. So that Lucy's
receipt shall be good and a clear discharge for my Executor, and further
it is my will that if my negro woman Lucy will not goe oute of the
state with her biggest children, that Burton, James & Lewis
shall have the two horses and saddles above mentioned and goe oute of the
state. It is further my will and desire that my just debts be all paid
oute of the last two-thirds of my land money and that my Executors shall
be sufficiently satisfied oute of the same two-thirds of s'd land money,
and further, the above-mentioned saddles and bridles are to be new ones
got for my negroes above mentioned, and it is further my will and desire
that the balance of my land money, if any left after payment of my debts
and fixing of my negroes for their journey and saHisfiy (satisfying) my
Executors for their trouble with my worldly affairs to be equally divided
between Molly Coley, Nancy Coley, Frank Coley, Betsy Coley, Peggy
Coley, Wm. Coley & James Coley, and I do further appoint Charles
Massie and William Turner Executors of thise my last will and
testament, revoking all other wills made heretofore.
In witness whereof I have hereunto set my hand and seal this 9th day of
March, 1807. (Interlined before signed in sevorall places.)
Sally x Coley (seal) (her mark)
Witnesses: Pleasant Turner Rob't x Singleton (his mark) Hazard
x Singleton (his mark)
(Page 85)
At a monthly Session Court held for Goochland County at the Court House
on Monday the 19th day of Sept. 1808, the within was presented in Court
and proved by the oaths of Pleasant Turner, Robert Singleton
and Hazard Singleton to be the last will and testament of Sally
Coley, dec'd, and ordered to be recorded. Then Charles Massie
and William Turner, the Executors herein named appeared in Court
and formally and solemnly renounced all rights as Executors under this
will and refused to be qualified as such.
Test. Wm. Miller C.G.C. A Copy
Page 85
Dated: July 1, 1808 Prov. Nov. 28, 1807
In the Name of God, Amen. I, Jacob Cox, of the County of Hawkins
and State of Tennessee, being weak of body but of perfect mind, do make,
constitute and ordain this my last will and testament in the following
manner, to wit (Viz): Item. It is my will and desire that all my just debts
be paid. It is my will and desire that my loving wife Mary Cox shall
have my black mare called Cate without any legence It is my wish, my will
and desire that the tract of land whereon I now live shall be divided in
the following manner (Viz): That my loving wife Mary Cox shall have
the one third part her lifetime and the remaing two thirds to be equally
divided between my loving children hereafter named. It is my will and desire
that all my other lands shall be equally divided between my three sons,
to wit: John, Witner and Pharoah, by three dis-interested
men. It is my will and desire that all my personal estate and household
furniture shall be equally divided between my loving wife and loving children
hereafter named as they becomes of age if they stand in need of it, to
be valued by three dis-interested men and delivered to my loving wife Mary
and loving children: Lucy, Betsy, John, Polly, Witner, Pharoah, Nancy
and Emmaline. It is my will and desire that if there is more stock
than will be considered for use of the place it shall be sold as they think
proper. It is my will and desire that my loving children shall be educated
out of the estate as my Executor may think proper. I do make, constitute
and ordain Thomas Hopkins my wife, Mary Cox, & Martin Rowler
my three lawful Executors of this my last Will and Testament. Given from
under my hand and seal this the twenty-first day of July in the year of
our Lord, one thousand eight hundred and eight.
Jacob Cox (seal)
Test. Continued. Martin Roller Also, I do will being my desire and
having the sane mind and since fore- going was wrote, I have a son that
we have named Samuel share equally with my other sons as within
mentioned. My wish is that at the tine of a regular division of my personal
estate that our daughter Lucy may admit of a credit from a sorrel
mare supposed to be worth $100.00. It is my will and desire that my son
John Cox should have a certain horse named Poliear, together with
a new saddle, bridle and a rifle gun charged one hundred dollars which
will be deducted out of his legacy. It is also my will and desire that
the negroes shall be hired out or kept on the premises as shall be thought
best by my Executors and family for the term of ten years, and at the end
of said term of ten years for them and their increase to be equally divided
amongst my children; nevertheless, it is my will and desire that my dearly
beloved wife Mary Cox have her choice of the negroes during her
lifetime and then to fall to my children again.
Given from under my hand and seal This 27th June 1809.
Jacob Cox (seal)
Test. Henry A. Hall, Matthew Cleck, Dennis Condray, John Miller, Martin
Roller, (J), Jacob Wills (J), Presley Buckner
Page 87
Dated: March 30, 1812 Proven: August 1812
In the Name of God, Amen. I, James Caldwell of the County of Hawkins and State of Tennessee, being weak in body and in a low state of health, but sound in mind and memory, and calling to mind the mortality of our nature that it is appointed unto all men once to die and after that the Judgement, I commend my soul to God and my body to the earth to be buried in a decent Christian manner, hoping they again will be united at the general resurrection of the Just, and I do make and ordain my last will and Testament in the form following, to wit: In the first place, I allow my just debts to be paid. Item. I leave and bequeath to my beloved wife Jane my dwelling house and kitchen with all the furniture in them as long as she needs them, and then to be distributed amongst my children at her discretion. Also the third part of the plantation I live on, both clear ground and woodland during her natural life. I also leave her the negro fellow Bob to her during her life, to work her land under the direction of my son St. Clair. I also leave her the negro girl Ciz during her life. Also I leave her a horse, she to have her choice when she pleases to make it. I allow to my wife one third part of my stock of cattle, sheep and hogs. Item. I also give and bequeath to my son St. Clair the other two thirds of my plantation I live on both clear ground and woodland and at his mother's death the whole plantation forever, also all the farming tools of every kind, also I leave my negro Bob and the negro girl Ciz at the death of his mother to my son St. Clair. Item.. I give and bequeath to my son John the price of a place lately sold in Tennessee Valley, Rhea County, amounting to seven hundred and thirty-five dollars, also a negro boy named App, also a horse named Rock. Item. I give and bequeath to my daughter Ann, a bay filly now in the possession of her husband, in addition to what she has already got. Item. The leaving (sic) I have given to my son Silas must in a measure stand for his fortune, but as his education is not finished, I give and bequeath to him a negro boy Park, also $300.00 to complete his education. Item. I give and bequeath to my daughter Jane a negro girl named Vicey, also a good horse and saddle, also two cows and calves. The residue of stock, horses, cattle, hogs and sheep to remain as a fund to pay debts, finish Silas' education, and the balance I leave to St. Clair. Item. My negro woman Hannah and her child Prise I allow to be either continued on the place, hired out or sold at the (discretion) of my Executors, hereafter to be named. Should the above fund of stock not answer the end contemplated, I allow the proffits of Hannah the negro woman and her child Price to make it up whatever disposition may be made of her and so as to leave St. Clair a sufficient stock to carry on his farm. The balance, if any, to be equally divided among the legatees. I appoint my beloved wife Jane and my sons John and St. Clair to execute this my last will and testament. Given under my hand this 30th of March A.D., 1812, in the presence of (witnesses) George Maxwell James Caldwell John Young
Page 88
Dated: May 30, 1813
In the Name of God, Amen. I, John Christian Church of Hawkins County
and State of Tennessee, being very sick and weak or imperfect health of
body, but perfect mind and memory, thanks be to God for the same, and calling
to mind the mortality of my body and knowing that it is appointed once
for all men to die, do make this my last will and Testament (Viz): Principally
and first of all, I do give and recommend my soul into the hands of God
that gave it and my body I recommend to the earth to be buried in a decent
Christian burial at the discretion of my Executors, nothing doubting but
at the general resurrection I shall receive the same again by the Almighty
power of God. And as touching such worldly estate wherewith it hath pleased
God to bless me in this life, I give, devise and dispose of the same in
the following manner and form, Viz: First of all, I give and bequeath to
my three sons, Henry, Thomas and George an equal share of
all I possess (i.e.) my land, messuages, tenements, including all my household
furniture, still and utensils of every kind. Secondly, I leave my wife
Eleanor Church a child's part during her widowhood, and after her
decease, her part to be equally divided among the three above-mentioned
boys. Thirdly, I give and bequeath to my daughter Mary Anne Staples
one dollar. Fourthly, I give and bequeath to my daughter Mary Anne's
daughter Nancy twenty dollars. Fifthly and lastly. I give and bequeath
to my three sons, Henry, Thomas and George all that is coming
from William Warren's note after William Armstrong is satisfied.
I do hereby utterly disallow, revoke and disannul all and every former
testaments, wills, legacies, bequests by me in anywise made, confirming
this and no other to be my last will and Testament. In witness whereof
I have hereunto set my hand and affixed my seal This 30th day of May, A.D.,
1813.
John C. x Church (seal) (his mark)
Signed, sealed. published pronounced and declared by the said John C.
Church as his last will and testament in the presence of us who in
his presence and of each other have hereunto set our hands. Test. Names
of witnesses illegible.
Page 89
Dated Feb'y 6, 1814
In the name of God, Amen. This, the last will and testament of John
Croson of Hawkins County and State of Tennessee is as followeth, viz:
He the said John Croson finding himself sick and weak of body, but
in perfect mind and memory, blessed be God therefore, and calling to mind
the frailty of this life and the certainty of death, I do ordain and make
this my last will and testament in form and manner as followeth: Imprimis:
I do recommend my soul unto the hand of God who gave it and my body to
the earth to be interred therein with decent and Christian burial at the
discretion of my executor hereafter named. And as for what worldly goods
it hath pleased God to bless me with, all I do will and bequeath in manner
and form foloweth. viz: Item. I give and bequeath to my beloved wife Drusiller
Croson all my horse creatures, cattle and hogs, with all my household
and kitchen furniture and working tools, to be her during her natural life,
and at her decease if anything remains, then to be equally divided amongst
all my children. This I do make to be my last will and testament. And I
do hereby have my beloved wife Drewsiller Croson and John Croson
my son to act for me as my Executors. This the 6th day of February,
1814.
Test. Francis Winstead John x Croson
Test. Samuel x Burton (his mark) (his mark)
Page 90
Dated July 28, 1814
In the name of God, Amen I Michael Click of Hawkins County and State
of Tennessee, being weak of body, but of perfect mind and memory, Thanks
be given to God. & calling unto mind the mortality of my body and knowing
that it is appointed unto all men once to die, do make and ordain this
my last will and Testament: That is to say, principally and first of all,
I give and recommend my soul unto the hand of Almighty God that gave it
and my body I recommend to the earth to be buried in decent Christian burial
at the discretion of my Executors, nothing doubting but at the general
resurrection I shall receive the same again by the mighty power of God,
and as touching such worldly estate wherewith it has pleased God to bless
me in this life, I give devise and dispose of in the following manner,
and: First. I give and bequeath to my three daughters, viz: Margaret,
Elizabeth and Katharine all my cattle, sheep hogs, beds, clothing
and all household furniture. Also, one bay mare known by the name of Cate,
to be equally divided among them (My sons John, George, Michael and
Matthias have all received their shares). Also, I give to my son
Jacob all my land including the plantation whereon I now live and
two small tracts adjoining it, and one sorrel filly; also all my farming
utensils out of which he will pay all my lawful debts and provide for and
furnish his mother with everything necessary to her comfort and support
during her live, leaving her to possess my new dwelling house, garden,
&c. Lastly. I constitute and ordain my wife Margaret Click,
my son Jacob Click, and Jesse Huggard my sole Executors of
this my last will and testament. And I do hereby utterly disallow, revoke
and disannul all and every other former testament or will obligation, &c
by me in any way before named, willed or bequeathed, verifying and confirming
this and no other to be my last will and testament. In witness whereof
I have hereunto set my hand and seal. This twenty eighth of July in the
year of our Lord, one thousand eight hundred and fourteen. Signed, sealed
published, pronounced and declared by the said Michael Click as
his last will and testament in the presence of us who in his presence and
in the presence of each other have hereunto subscribed our names.
Thomas Larkin (jurat) Michael x Click (seal) John Larkin
(his mark)
Page 91
Dated: May 16, 1816 Proven: Nov., 1820
In the Name of God, Amen. I, John Cox of the State of Tennessee
and County of Hawkins, being of sound sense and memory, though in a declining
state of health, do this sixteenth day of May, eighteen hundred and sixteen,
make and publish this my last Will and Testament in writing. First. I desire
after decease to be buried in a plain and decent manner. Item. I do give
the following children one dollar each, (Viz): Patty Matlock, Nancy
Sims, Elizabeth Sims, Sally Cocke, Katy Looney, Josiah and Absalom
Cox. Item. I do give the balance of my property both real and personal
to my son George Cox on condition that he takes good care of his
mother and my wife Frances Cox during her life, except my sorrel
horse colt. Item. I do give my grandson Russel Cox my sorrel horse
colt. Item. I appoint and request my son George Cox to be my Executor
of this my last Will and Testament, and do hereby revoke and void every
other will or wills by me made. In witness whereof I, the said John
Cox Testator, have hereunto set my hand and affixed my seal, the day
and date above written.
John x Cox(seal) Test. (his mark) John Howell John Laughmiller
Page 92
Dated: February 5, 1818 Proven: Feb. Session 1818
In the Name of God, Amen. I, Rebecca Craft of the County of Hawkins
and State of Tennessee, calling to mind the shortness of this mortal life
and knowing that it is appointed for all persons once to die, do make and
ordain this my last Will and Testament, that is to say: Principally and
first of all, I give and recommend my soul into the hand of Almighty God
that gave it. And as touching such worldly estate wherewith it has pleased
God to bless me in this life, I give, demise and dispose of the sane in
the following manner and form: First. I give and bequeath to my brothers
and sisters the sum of ten dollars to be equally divided between my brothers
and sisters or their heirs, excepting my sister Sarah Light. It
is also my will that my negro girl named Anna should be freed, agreeable
to the law of the state, at twenty-one years of age. And it is also my
will she should have one puter dish and coffe pot, one pewter bason and
six pewter plates, a set of knives and forks, six spoons and one tin cup:
one feather bed and furniture and one velvet riding dress and one bed stead
and one chest. And I give to my sister Sarah Light two pewter dishes,
six pewter plates, seven spoons, three small pewter basons, three tin plans,
and five tea cups, one peper box and a worm of cotton cards and one coffee
pot, one stone jug, one pickling pot(?), and one bed and furniture and
bedstead, and two pots, one oven, and one dresser, one iron shovel and
one cow, and it is also my will that Vachel Light and his three
sons should have fourteen head of hogs to be equally divided between then.
I likewise constitute, make and ordain Vachel Light my sole Executor
of this my last will and testament. And I do hereby utterly revoke and
disannul all and every other former will. I do ratify and confirm this
to be my last will and testament. In witness whereof I have hereunto set
my hand and seal. This fifth day of February in the year of our Lord, One
thousand eight hundred and eighteen. Signed, sealed and published and declared
by the said Rebecca Craft in presence of: (Attest) Rebecca x
Craft (seal) Reuben Barnard (Jurat) (her mark) James Morrison
(Jurat) George______(name illegible)
Page 93
Dated: December 29, 1818
In the Name of God, Amen. 1, Cornelius Carmack of the County of
Hawkins and State of Tennessee, being sick in body but of a sound and disposing
mind, memory and understanding, considering the certainty of death and
the uncertainty of the time thereof and being desirous to settle my worldly
affairs and thereby be the better prepared to leave this world when it
shall please God to call me hence, do therefore make this my last will
and testament in manner and form following, Viz: First and principally.
I commit my soul unto the hands of Almighty God and my body to the earth
to be decently buried. I then demise and bequeath to son Isaac the
tract of land on which he now lives according as it was laid off to him
and his heirs, and fifty acres to be taken off across the lower end, which
fifty acres I demise and bequeath unto my son John, together with
the tract which was laid off for him and (he) now lives on, to him and
his heirs and assigns. I also give, demise and bequeath unto my son William
the tract of land on which he now lives, together with twelve rods wide
across to be taken off the lower end of the plantation on which I now live.
I also give and bequeath unto my son Cornelius the plantation on
which I now live according to the pattine to him the said Cornelius,
his heirs and assigns. I also cause my above named sons for the named land
above demised and bequeathed to them - pay unto my Executors hereinafter
mentioned the sum of two dollars per acre which is to be paid within three
years after my death to the Executors with all debts. I also give and bequeath
unto my grand children, children of my daughter Rachael, the sum
of two hundred dollars to be equally divided among them by my Executors.
I also give and bequeath unto my daughter Elizabeth the sum of five
dollars, to her and her heirs. I also give and bequeath unto my other daughters,
Viz: Susannah, Sally, Polly, Nelly, Nancy, and Catharine
the money then remaining in the Executors' hands to be equally divided
among them-share and share alike. And, Lastly, I give and bequeath unto
my son Cornelius and my two daughters Nancy and Catharine
all the rest and remainder of my estate then remaining on the plantation,
to be equally divided, share and share alike. And lastly, I do constitute
and appoint my sons William and Cornelius to be sole Executors
of this my testament, revoking and annuling all former wills by me heretofore
made, ratifying and confirming this my last Will and Testament. In testimony
whereof I hereunto set my hand and affixed my seal This twenty ninth day
of December, one thousand eight hundred and eighteen. Cornelius Carmack
(seal ) Signed, sealed, published and declared by Cornelius Carmack
the above Testator, as and for his last will and testament in presence
of us at his request and in his presence and in presence of each other
have subscribed our names in writing hereto. Jacob Grove (seal)
William Carmack (seal) Cornelius Carmack, Jr. (seal)
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