Page 311
Will of Seasa Hickman
I Seasa Hickman do make and publish
this my last Will and Testament and revoke all other wills by me made.
First
I direct that my funeral expense as soon after my death as possible and all my
debts.
Second Will and bequeath
Edward Hickman and his wife Alsisa Hickman all my household and kitchen
furniture and all my farming tools.
Third
I give and bequeath all the land that my husband willed to me in his lifetime.
The land that I now live on and the land known as the said Baley farm and the
land known as the George Campbell land, I will and bequeath all my property
real and personal to Edward Hickman and his wife Alaisa Hickman. It is my will
Edward Hickman and his wife Alaisa Hickman have all my property, real and
personal except a claim that my husband has filed against the Government of the
United States for collection when said claim is collected it is my will that my
father Marion Petty be paid ten dollars out of said claim in money.
This 16th day of December
1884.
Seasa Hickman
Witnesses
B. C. Thumbungh
R.S. Hickman
J. W. Hickman
Admitted to probate Feb. 2nd
1885 Page 13
D. H. Emert, Clerk
Page 312
Will of Stephan Hickman
I Stephan Hickman do make and
publish this as my last Will and Testament.
First. I
direct that my funeral expenses be paid as soon after my death as possible.
Second. I give and bequeath to my dear
Wife Sceny Hickman all my household and Kitchen furniture and all my farming
tools.
Third I give and bequeath all my
land to my wife, my interest in the farm we now live on, my interest in the
land known as the Nell Baley farm and my interest in the land known as the
George Campbell farm.
This third day of May 1883.
Stephen Hickman
Witnesses
B. C. Thumburgh
Marion Petty
Admitted to probate Feb. 2nd
1885
See record page 13
D. H. Emert, Clerk
Page 313
Will of Cyntha Kear
State of Tennessee
Sevier County
In the name of God Amen. I Cyntha
Kear of the County of Sevier and state aforesaid being sick and weak of body
but of sound mind and disposing memory for which I thank God and calling to
mind the uncertainty of human life and being desirous do dispose of all such
worldly substance as it hath pleased God to bless me with.
First, I give and bequeath the same
in manner following that is to say,
First, I give and bequeath to my
daughter Mary Caroline Kear all the farm hat I now live on it being some thirty
one acres more or less with all appurtenance these with to have and to hold the
same during her natural life and her cow and all of her household furniture and
her bed and bed clothing that belongs to her and nine plates, five teacups and
saucers a half set of knifes and forks and I want my daughter Mary Caroline
Kear to have all my clothing at my death and said Mary Caroline Kear two tables
and my dresser and trunk my looking glass. I give to Mary Caroline Kear and two
little glasses dishes and big spinning wheel and I want Mary Caroline Kear to
have all these items to have and hold during her natural life and after my
death I want all my debts paid and the balance of my things I want equally
divided between my four children. Revoking all others or former Wills or
Testaments by me heretofore made in witness whereof I have hereunto set my hand
and seal this first day of May in the year of our Lord one thousand eight
hundred and eighty three.
Witness
Curtis Mills
James Dugger
Cyntha Kear
Admitted into probate July 7th
1885
See record page 113 and 114
D. H. Emert, Clerk
Page 314
Will of Asa Rogers
I Asa Rogers of the County of Sevier
and State of Tennessee being in feeble health but of sound mind and disposing
memory do hereby make and publish the following as my last Will and Testament
revoking any wills and making void all other testimony dispositions by me at
any time made.
My Will is as follows:
1 That my funeral expenses and just
debts be paid by me executor out of any monies I may die possesses of or that
may come unto his hands after my decease.
2 That my wife Elizabeth C. formerly
Elizabeth C. Garnett, have one cow to be chosen by herself, all the sheep and
hogs and poultry, also all the grain and meat that I may have on hand at my
decease.
3 That my wife shall have all my
beds, bedding, household and kitchen furniture while she may remain my widow,
or during her natural life.
4 It is my will that my said wife
shall have the use of and control of the house and lots around the same
including the orchard during life or widowhood,
Page 315
5 devise to my said wife during her
natural life or widowhood the farm where I now live, adjoining the lands of
Houser, Nickols, and Jesse Rogers. It is my will that my son Jesse Rogers shall
have the right to rent the farm from my said wife on the following terms and
conditions. Towit: He shall pay and deliver to my said wife each year within a
reasonable time after harvesting of each crop one hundred and fifty bushels of
good corn. Thirty bushels of wheat and two wagonloads of hay. He shall also pay
all taxes and public assessments against the farm aforesaid, and keep the
fences in ordinary repair. He may rent the farm on said tenus as long as he
chooses to do so and give my said wife reasonable notice of his intention to
quit, if at any time he should desire to cease renting the farm so that she may
have an opportunity to secure another tenant.
6 It is my will further that as soon
as the estate herein before devised to my said wife in my said farm shall fall
in (?) that that part of said farm lying West of the public road and also that
part lying north and west of a line commencing at Jesse Rogers,
Page 316
Corner on or by the public road and
near his gate, there north west (or near that direction) to the point of the
ridge, there up the top of same to the line of Nickols be sold by my executor
or his successor in office to be appointed by the County Court of said County
in the premises, after advertising the sale by posters at five public places in
said County at thirty days, to the highest on a credit of 12 months, the person
selling taking a note for purchase money with atleast one solvent surety and
making deed to purchaser with lien retained to secure purchase money.
I want the proceeds of this sale
collected and divided as follows: to James Henry and Hannah Jane Garner (my
grandchildren) each twenty five dollars to the children of my son James N.
Rogers or their descendents jointly fifty dollars to take as they would under
the laws of distribution.
The balance shall go to my daughter
Hannah E. Rogers,
The rest of my said farm after the
Page 317
Falling in of said life estate, I
devise to my said son Jesse Rogers or his heirs in fee,
I hereby nominate and appoint Andrew
Rogers Esq. The executor of this my last will and Testament.
Given under my hand and seal this 9
day of April 1886,
Asa Rogers
Signed and executed and published by
testaton in our presence and we sign the same as attesting witnesses at his
request in each others presence on the date last above witnesses
Elijoh Johnson
M. B. McMahan
A. J. Dunlap-attested M. B.
McMahan
Admitted to probate June 7 1886
See record page 189-90
D. H. Emert, Clerk
Per. J. R. Peward D. S.
Page 318
Will of J. H. Delozier
State of Tennessee County of Sevier
9 District November the 30 1885.
I Joseph H. Delozier of the above
named County and state make this my last Will and Testament before God and Man.
I give devise and bequeath my estate
and property real and personal as follows: that is to say: To my Wife Sarah
Delozier unto her death. After my wife s death I want Ellen Blazier to have
bedstead and it well furnishes. I want the remainder of the steads and bedding
to be equally divided between John K. Tipton children to wit: J. E. Tipton, W.
B. Tipton, Harriet Tipton Callaway Tipton, David Tipton, Ellen Tipton. I want
the remainder of the house and kitchen to be sold to the highest bidder at the
death of my wife Sarah Delozier and also all other personal property belonging
to me. I want my real estate sold to the highest bidder on one and two years
time with good approved security at my wife s death.
After all my just debts and funeral
expenses is paid for. It is my will that Martha Davis has the sum of fifty
dollars out of my estate. It is also my will that W. B. Tipton to have one
hundred dollars out of my estate.
It is my will that cash and all my
brothers and sisters to have one dollar each of my estate. I will to J. E.
Tipton, J. K. Tipton s son all of the remainder money of the sales of my
estate.
Page 319
Have the sum of $50, and out of my
estate. It is also my will should put that W. B. lived in to have $100 of
my estate.
It is my will that each and all of
my brothers and sisters to have one dollar each of my estate. I will to
J. E. Tipton J. K. Tipton s son, all of the remainder of the remaining money of
the sales of my estate.
It is my will that that this money
that I willed to J. E. Tipton and W. B. Tipton to be put out ? Interest
until they both become of age with good note and security.
It is my will that George Delozier
the present Deputy of the Sevier County in the 10th Civil district,
be appointed to settle and administrative by the estate all this my will.
In witness where all I have signed
and sealed and published and declared this Testament as my last will at my own
residents on the 30th day of November 1883.
9th district of
Sevier County TN.
J. H. Delozier
Page 320
The said J. H. Delozier, at his own
residents on the 30th day of November 1883 signed and sealed this
testament and published and declared the cause and for his last will, and we at
his request and in his presence and in the presence of each other have hereto
written our names as subscribing witnesses.
Signature of witnesses.
Joseph Hives
Attest Adam James Hives
Admitted to probate June 7th
1886 C. record page 190
D. H. Emert Clerk
J. R. Peril and D. C
Page 321
I D. H. Emert
Of the county of Sevier and the
state of Tennessee do hereby and constitute this my last will and testament,
making void all others that may have been made by me.
1 First it is my will all my just
accounts shall be paid.
2 Second it is my will that all my funeral
expenses shall be paid out of any monies that may be on hand or first come into
the hand of my executor or administrative as the case may be.
3 Third I do hereby will to my wife
Sally A. Emert one house situated on Bruce Street and the appurtenances thereto
belonging including all the household and kitchen furniture. Said lot
bounded on the South Bruce Street, on the west by odd fellows, lot, North by P.
Stafford, east by J. A. Snapp.
Fourth: also another house and lot
known as Mottie Beak.
Page 322
property adjoining the town of
Sevierville. On the north, the public road on the East, M. J. Emert on the
south, J. H. McMahan on the west,
5 Fifth: is also my wheel that my
wife Sally A. Emert have my buggy and harness and then she may dispose of the
same at her own this creation.
6 Sixth: it is my will that after
the death of my father, F. A. L. Emert and my stepmother Michelle Emert, but
now occupies the house farm in Emirates Coast, shall have departed this loft,
that might executor and administrator perceived to sale of said House farm and
a private or public sale as he may deem best. Requiring the purchaser to
pay as much as $$1000 cash in hand which amount shall be put on interest, but
if paid into the hands of the guardian after he shall qualify and give bond
according to the law, said $1000 shall be kept on interest until my son Darryl
Claude Emert reaches the age of twenty-one years. Now if my son Darryl
Claude Emert should depart this life before reaching the ages 21 years, then
the above named amount of $1000 shall be paid to my wife Sally A.
Emert.
Page 323
7 Seventh: When $500 money shall be
collected on said farm, it shall be used in clothing and schooling my son Darryl
Claude Emert, said $500 to be paid to my wives Sally A. Emert.
8 Eighth: it is mild wheel that
after the $1500 and the cost of administration shall be taken out of the price
of said House form, that the remainder be equally divided among our brothers
and sisters. D. G. Emert and his heirs: N. W. Emert and his heirs: J. J. Emert
and his heirs: P.P. Emert and his legal heirs: and sister Polly Alexander who
married J.J. Alexander, Sarah J. Kernel who married Wade Kernel, Martha A.
Shaw, Ellen Bradshaw, Nancy Sellers, and Malinda A Mazze.
9 Ninth: it is my wheel that all the
proceeds which may be derived from all the mountain land that I may own outside
the home form be equally divided between above named brothers and sisters.
10 Tenth: is my wheel that my wife
Sally A. Emert shall select a guardian or serve as one herself if she deemed
proper.
Page 324
11 Eleventh: I do hereby constitute
an appoint my brother B. G. Emirates to act as my executor in carrying out the
contexts of my last will and testament.
12 Twelfth: it is my wheel that if
my executor need to any official help that J. R. Perland be employed.
13 Thirteen: is my will that after
my executor after he shall have been qualified and sworn in proceed to collect
all my outstanding Notes and accounts, then he may be fuird? Dree? The estate
of the D. H. Emert, with one exception. It is my request that Benjamin A
Parton of Emert Cove on whom I told the deed of trust, be granted one year
longer to play the same said proceeds shall be paid to my wife Sally A Emert
and as the same may be collected after paying any legal debts that may come
against me and have not been paid.
14 Fourteen: as to the office of the
County Clerk, it is my will that every cent due the county, public schools, for
poor and public highway, shall be settled up to the time of my successor shall
take charge of said office. Witness my hand this 5th day of
October 1886.
D. H. Emert
Attest
W.W. Emert
W. G. Caton
Page 326
Will of Lottie W. Andes
State of Tennessee
Sevier County
I Lottie W. Andes of the county and
stayed above mentioned. Be an old and infirm, but of sound mind. Do
make and executes mile last will and testament on this 14th day of
February 1885.
First
I will that my funeral expenses be
paid out of the money I may have on hand at my demeans.
Second
I will bequeath to my son R. H.
Andes bed and bedclothing. This is to make him equal with a balance of
other children.
Third
I will bequeath to the three children
of my deceased son A. C. Andes, to wit: John O. Andes, E. C. Andes and Mary
Andes $120, the same to be equally divided between them.
Forth
The balance of my estate what ever
there may be at my death. I want equally divided between my children to
wit. Elizabeth A. Henderson, Sarah M. Seaton, R. H. Andes, J. W. Andes,
I. L. Andes.
Page 327
I hereby appoint my son J. W. Andes
my executor to this my last will and testament
Witnessed in my hand and in seal
this 14th February 1885.
Letty W. Andes
Attest
E. M. Wynn
Mattie Burns
Admitted to probate December 6,
1886.
See record pages 276
James J. Ellis, Clerk
Page 328
The Will of Randall B. Henderson
State of Tennessee
Sevier County
I, Randall B. Henderson, do make
execute this my last will and testament as follows:
First
I. will and bequeath to my wife Nancy the use and benefit of my farm where I
now live for and during her natural life in the event she should outlive me.
Second I will bequeath
to my three daughters Mary, Sally, and Lydia and their heirs and assigns
forever my home tract of land subject however to the life estate of my
wife.
Third
also wheel and bequeath to my said three daughters Mary, Sally, and Lydia and
their heirs and assigns forever the following tracts of land to wit: one track
containing about 60 acres on Waldens Creek, adjoining the lands of T. J. Wear
and Levi Helton, also attract containing about 100 acres adjoining the lands of
A. W. Nichols, W. M. Henderson
Page 329
J. S. Trotter and others
also a track of land of 100 acres lying on the little mountains adjoining the
lands of T. D. Wynn and others.
Fourth, I will and
bequeath to my two sons William Henderson and Andrew Henderson my land lying in
the seventh district of Sevier County bringing the Land I purchased from W. H.
Nichols lying on the French Broad River upon which they are now living
containing 310 acres be the same or less and also a track of 173 acres that I
purchased at Chancery Sale. Adjoining the lands of W. R Loveday and
others being part of the big in tree made by W. M. Henderson and G. W.
Henderson to have to hold the same to the same to the said William Henderson
and Andrew Henderson and their heirs, assigns forever.
I appoint my son William to execute
this my last will and testament.
Witness my hand and seal this the 29th
day of January 1883. Randall B. Henderson
Attest
M. W McCown
Mimmie McCown
James J. Ellis, Clerk
Page 340
Will of John Cusick
I, John Cusick of the county of
Sevier and state of Tennessee. Do make and publish this my last will and
testament-in manner and form following to wit: first, I desire that all the
perishable part of my estate be immediately sold after my decease, and out of
the money arising therefrom all my just dept and funeral expanses be paid
should the perishable part of my property be insufficient for the above
purposes, then I desire that my executor hereunto after named may sale a
partial of my of my land being part of my homestead adjoining the land of W. B.
Clark. (To wit)
Beginning at water gap and East
course with the public road to the lining that leads to Clark s buildings
thence with said lane to a branch line between my land and said Clark s with
branch and across the fence to where the old road led from my house to the Joe
Delozier s old house with said road to South course to the branch north of my
barn thence down said branch to the creek, thence up the creek to the
beginning. Land out of the moneys arising from the pay and satisfying such of
my just debts as shall be in remain unpaid.
Second After the payment
of debts and funeral expenses I give my wife Lucinda Cusick the full and free
use and possession of all my other lands and building during her widowed or
during her natural life if she should remain unmarried also direct that
Page 341
She shall have the use and control
of the household in kitchen furniture in such tools and farming implements as
the law allows her. I direct that whatsoever may remain from the sales of
my property personal and real after satisfying debts and funeral expenses be
divided equally between my four daughters; Marguerite Cusick, Jane Thomas,
Sally Cusick, and Mary Cusick, as they may arrive at the age of 21 years.
All the property real and personal that I give to my wife Lucinda Cusick at her
death or marriage I give and bequeath to my son Benjamin Cusick also my Rifle
gun. (Also a colt-two years old last fall.) I give to my daughter Marjorie
Cusick two milk cows. I do they note my son, Asa Cusick amount not
collected which note is now out of date. Now if the payee said note he is
to share equally with my daughter above named, if he does not pay said note the
amount to be taken from his equal share with my daughters above named. I
give and bequeath to my grandson Andrew Murphy the sum of 5 dollars out of any
moneys in the hand of my executor. I have deeded certain lands to my
sons, Tilford and J. B. Cusick as their part in full of my estate and now hold
their receipts for the same. I also direct that what bee stands or hives
are on hand at my deceased be divided equally among my children. They
dividing them. Also direct that my son Benjamin be paid the
Page 342
The sum of $25, the same having been
paid to me by E. S. Thompson executor of the will of the late B. J.
Tipton deceased. And lastly I do here appoint my son Tilford and Asa
Cusick executors of this my last will and testament thereby revoking all former
wills by me heretofore made. In testimony here of I have set my hand and
seal the day 1886. This February 27th 1886. Signed,
sealed, and declared in the presence of witnesses named and by us subscribed in
the presence of the testator.
John Cusick
Andrew Rogers
J. H. Chandler
By John Cusick of the county of
Sevier and the state of Tennessee do hereby make and publish this codicil to be
added to my last will and testament in manner following to wit: after the
married or death of my wife Lucinda Cusick as set forth above I bequeathed to
my son Benjamin Cusick all the farming tools and also my wagon and big peow?. 5
set off the following in room of boundaries set forth in body of wheel of a
given beginning on horn beams on WB Clark s line thence set off corner with
Tilford Cusick line to hickory at public road. With said road course to the creek
and water gap down creek to mouth of spring branch then direct line up north
side branch to marked hickory.
Page 343
In the fans corner the north with
the old road to cross the ants and Clark s line band Eastern course with said
line crossing the creek to the beginning and lastly it is my wheel and desired
that this my present codicil be annex to and made part of my last will and
testament before said.
In witness whereof I have set my
hand and seal. This the 4th day of September 1886.
John Cusick
Attest
J. R. Houk
B. J. Clark
James J. Ellis, Clerk
Page 344
Will of R. W. Crowson
I, R. W. Crowson make this my last
will and testament. I desire at my death to be buried ? lain dressed just
as if I was going to church. If Nana should outlive me program on I ll
leave her my home farm what she wants of it: in the stock she wants. I
leave her what money I have on hand if any and all the money that is oweing to
me and she may pay Caroline Yett $250 out of that and what she pleases with the
rest.
Second I give to Mary
Wear and her children the farm on Waldens Creek that I bought of Mullundore 10
also give to them my farm in Blount County across the river from R. Burns known
as the McClanahan farm.
Third
I give Aaron Crowson all the land I bought from Andrew Coatter and what I
bought from Thomas Walker and I give to him part of a 75 acre entry back of
this Little field here at Broyles what lies above the road at-Aaron McGills
that to? And with it. The Mccbryue place the 500 acres above the Mccbryue
farm. Aaron you and
Page 345
West Crowson divided or you can have
yours as each one wants. And if you cannot agree, led ? divide it an idea
of Aaron Crowson the bottom field to begin at the corner of Emerts the ends and
run straight down the mouth of the little ditch at the lower end of the field
to as to hit the ford of the branch.
I give Sarah Elizabeth Crowson my
shrades farm. I give her a piece where West now lives beginning at the
upper gate at the race, thence straight through the middle of the Barn to the
back of a lot, there square to the raise: then straight to cherry trees at the
fence; (thence) with the bids to the Ford of the island branch drove them
straight across the field to the cross bids then up to the road in with the
road to the beginning: I give her that field above Broyles, and part of the 75
acres entry at the back of the field up to the road at Aaron McGills .
Also give a deed of trust all that field at John Gates that John Rimel let me
have. If John pays the money it is hers of not the land is hers.
John Yett may have one acre
adjoining him.
I give a piece of land on
Page 346
On the right hand of the road next
to Jane Hatcher s. I give her what timber she needs for firewood and to
keep up for financing on either west s, Joseph s, Aaron s land as they have
most of all the timber. Sarah can take the household furniture as much as
Caroline got-? Stove then divided between her and Mary Wear and Carolina. Sarah
space is to take choice of my horses and what cattle she wants. If West
builds here in the lot Sarah is to have my house while single and the garden
and the apple lot to the right of the house. I paid about $2000 toward
Yetts the land for Caroline. I believe her $250 more at my death if not
paid before.
R. W. Crowson
Attest
Reuben Hatcher
A W.
R. C McGill
I give the lower part of my farm to
Joseph Crowson the creek is a line between him and Aaron Crowson down to the
branch, thence the branch to the ford below the house to the white oak all the
side of the house, marked as corner thence with the road to the
Page 347
Gap of the mountains thence with the
Waldens Creek Road as far as my land goes. This is Joseph s. Now if
Joseph should never have any heirs this land and his death and Laura s shall go
back to my heirs. But if he should have any it belongs to the thence and
if not my heirs get it. West s heirs shall have down to the mouth of the
branch, then the way the old fence runs straight to the mountains, the rest of
the farm known as the Powel farm divided between Aaron Crowson s heirs and
Caroline Yetts children and Sarah Crowson.
R.W. Crowson Jr. is to have the rest
of this field here at the house then commencing at the white oak at the Ford of
the branch, thence with Joseph as far as my land goes then turn south down by
the Myer s all on the Eastside that I have not given away Aaron Crowson and
Joseph Crowson is to have the ? to do any sawing that they want for themselves
at the sawmill they help to make it.
Now I appoint my son Aaron Crowson
as my administrator to wind up my business. There won t be much trouble
if you all do right. Leavly court
Page 348
Need not bind him to bond and
security, as I am willing to risk him doing right. This March 15th
day 1887.
R.W. Crowson
If I shall fail to get this
witnessed prove my handwrite.
Admitted to probate August 1st
1887. See record page 407
Spread on Will book August 2nd
1887
J. J. Ellis, Clerk
Page 349
W. H. Trotter s Will
I, W. H. Trotter of the state of
Tennessee and of the County of Sevier, being advantage in years, and moderate
health but of sound mind and disposing memory do hereby make and publish this
my last will and testament, hereby revoking and making void all others that may
have been made by me heretofore.
First is my wheel that after Monday
as my executor or demonstrator shall pay my necessary funeral expenses.
Second, that all my just debts be
paid, if any I shall owe, and out of any property that may come into the hands
of my executor or administrator.
Third is my wheel that my beloved
wives Sarah T. Trotter, shoes she survived many, make her home at the old
homestead where I now live and that she had the use and control of said House,
yard, garden, and a small lot of ground wind south of said dwelling, including
spring and Springhouse during her natural life: and that my son-in-law T. D. W.
McMahan and in my daughter Melinda McMahan and furnish her
Page 350
A decent and respectable support
suitable to her age and condition, not including clothing and doctor bills, all
of which, as agreed to and shown more fully into a deed of conveyance this day
executed by me to said T. D. W. McMahan. It is my will that the provisions of
said deed and contract with T. D. W. McMahan and be strictly complied
with. It is my will further that my executor or administrator pay to my
said wife Sarah T. Trotter as soon as the same shall come into his hands, out
of the money that may be on hand at my death, or may come into his hands
afterwards the sum of $150 to be used by her for the purpose of clothing her
and paying her doctor bills, if the same shall not be otherwise provided for.
It is my will further that my said
wife have all or such household and kitchen furniture as she may have on hand
and at my death, and may need, including bedding bureau etc.
Forth, it is my wheel that my
daughter Addie should live with her mother should they both survive me, during
her mother s life if she prefers to do so at the old homestead, and that she be
supported by said T. D. W. McMahan, as provided for
Page 351
In our contract this day money in a
deed of conveyance which is here reference to. It is my widow that my
said dollar and he shall have the amount of property equal to that received by
my other daughters when they became of age, if she has not receive the same at
my death.
Fifth, it is my will that my two
sons L. S. and S. E. Trotter have an amount of personal property sufficient to
make them equal with my other sons, that is equal to what they have already
received.
Sixth, it is my will them a large
pictorial family Bible containing my family records after my wife s death, go
to my son N. E. Trotter and that his death to another with one of my children
or grandchildren living near the homestead, so as to keep and preserve their
family records among the family relations.
Seventh, it is my will that my
son-in-law T. D. W. McMahan and my daughter Melinda McMahan and have the lower
or north end of my house farm, with the reservations mentioned in a deed this
day made to him for the same, and that they pay to me or after my death to the
representatives the sum of eighteen hundred and
Page 352
$36 in addition to what they have
paid already, as shown by two notes I now hold of this date, and more fully
shown in said deed. Any event that said McMahan shall fail to pay for
said land and as her in before provided, and as provided in said deed in said
deed to him my executors shall have the power to sale and enforce lien ends on
said land and shall appropriate the proceeds of said lands has hereunto after
provided.
Eighth, it is my wheel that my son
in the Trotter have the upper or south end of my home farm, and that he pay me
for my executor the sum of $688, in addition to what he is already paid on the
signing, and that if he should fail to pay for same then my executors shall
sale said lands were so much thereof as may be necessary to pay said
indebtedness, and appropriate the proceeds as hereunto directed. But in
sailing said land the conditions and provisions in the deed shall be observed.
Ninth, it is my wheel that the track
of land owned by me and lying in the fifth civil district of Sevier County
adjoining the lands of Robert Rambo.
Page 353
John Stott, Rebecca Trotter and John
Fox, be sold by my executor had a private or public sale, as may seem best
after the expiration of five years from the first day of January 1887 if the
same shall not be otherwise disposed of by me before that time, and that the
proceeds be applied as hereinafter directed.
Tenth, is my widow that after paying
my funeral expenses and debts, and that the disposition of funds as here in
before provided, the rest of my estate arising from the sale of land and
otherwise, be by my executor distributed equally among my children who are
living and the representatives of those dead as follows;
John A. Trotter now living in
Ald. Isaac A. Trotter, married Wynn, wife of E. M. Wynn, A. W. Trotter,
N. E. Trotter, Melinda C. McMahan and wife of T. D. W. McMahan, Louis S.
Trotter, Mary A. Lawson wife of G. H. Lawson, Addie M. Trotter, Stuart E.
Trotter, the heirs of Elizabeth Fox, a deceased daughter towit: J. N. G. Fox,
Sarah R. McMahan wife of John McMahan and G. S. L. Fox the said heirs to
receive the parents share. Any in the event that any of above
Page 354
Named children should die before
receiving his or her distributive share than said share to go to heirs of said
deceased. If he or she shall have any living, otherwise such share to be
equally divided among the brothers and sisters or their representatives.
Eleventh, it is my will and I hereby
nominate and appoint my friend as my executor to execute and carry into effect
this my last will and testament.
In witness whereof I have hereunto
set my hand on this the 22nd day of December 1886.
W. H. Trotter
Signed sealed and delivered an
acknowledged in our presence on the day above written.
Witnesses
J. R. Peuland
J. H. Butler
Admitted to probate November 7th
1887.
J. J. Ellis, Clerk
Page 355
Will of Lewuel Carmichael
State of Tennessee Sevier County
Be it known to all men to whom these
presents make come Lewuel Carmichael has this day it being seventh day Jan.
1885 deeded and conveyed to Maynard Carmichael 65 acres of land it being the
land on which I now live, this made while me and his mother lives: after which
it is to be his in full simple over all others after mine and her death.
bounded by Porter Cate, Henderwood and Williams Carmichael. Is given to Maynard
for the support of me and his mother while we both live and after which is to
be he is in full simple it is to have full control over all the personal
property that we have while we both live, after which it is to be he is in full
regardless of all others. We ve named by this the personal property that
is out of the house. The above is to substantiate this as we both sign
our names to be as a confirm instrument in good faith this the 14th
day of February 1885.
State of Tennessee, Sevier County
1885. Be it known to do all men to this present may come that Lewuel
Carmichael and his wife has this day.
Page 356
Given all the furniture that they
have in the house to Mag. Carmichael their youngest daughter except one bed for
Maynard with bedclothes sufficient for it, and also one bed for Wrole?
Carmichael with clothes to it and Mag is to have white-faced cow. We mean
by this the house and the kitchen furniture, this 26 day of February 1885 and
that we home now this instrument goes into full effect at mine and her mother s
death, and not till then for which we both signed our names and set our seals
this the 26 day of the worry 1885.
Lewuel Carmichael
Susanna Carmichael
This is a mutual agreement between
me and my wife therefore we both signed our names to this instrument.
Lewuel Carmichael
Susanna Carmichael
Admitted to probate at the November
Tennessee of court 1887.
J. J. Ellis, Clerk
Page 358
Will of Judah Clabaugh
I Judah Clabaugh of the county of
Sevier and State of Tennessee to make and execute this my last will and
testament as follows,
First, I will and bequeath to my
sister Sally Clabaugh, interest in the farm where we now live, being the farm
originally owned by my father Samuel Clabaugh on Middle Creek Sevier County,
Tennessee.
Second, I will and bequeath my
household property to my sister Sally.
Third, I will and bequeathed to my
nephew Charles, Chance, my horse. It is also my will that a sufficient
amount of my property be sold to meet my funeral expenses.
Signed sealed and executed this 28th
day of May 1887.
Judah Clabaugh
Witness
M.W. McCown
T. H. Emert
Admitted to probate April 3rd
1888
J. J. Ellis, clerk
Page 359
Will of John N. Trotter
I John N. Trotter being in feeble
health but of sound mind do make this my last will and testament.
I will let my decease that my
funeral expenses be paid out of the first money that comes into the hands of my
executor s hands. And that all my just debts be paid as soon as the money
is collected sufficient to do so.
Second I will and bequeath to my
wife Mary H. Trotter the homeplace (a farm together with the present crops, the
farm and utensils, stock (except one yoke of oxen) to have control during her
natural life, then to decree to my three sons J. W. A. B. and J. N..
Third, I will to my daughter Hettie
Parsons the sum of $200 including a receipt I hold on her and James Parsons
$100.
Fourth, I will to my daughter Susie
R. Schultz the sum of $200
Fifth, I will to my daughter Mattie
E. Baker the sum of $200 to be paid by J. W. Trotter on a note I hold on him.
Sixth, I will to my daughter Nammie
E. Trotter the of $200. All the above errors are to be paid at the
death of my wife or at any time my sons J. W. A. B. A and J. E. and wishes to
pay it, each of them to
Page 360
Pay an equal amount.
Seventh, I will bequeath to my three
sons J. Werldy, Alexander B., and Joseph N., all my land at my death together
with the homeplace at the death of their mother. Together with the
furnishings tools stock and what ever may be about the house, provided that
each of the three sons pay an equal amount to pay the legacy award to each of
the girls.
Eighth, I will to my son A. B.
Trotter 1 yoke of oxen and that his contract about the will of the farm be
carried out as agreed on for this year.
Ninth, I hereby appoint my son J. W.
Trotter as executor of my last will and testament, given under my hand this 22nd
day of September 1888.
John N. Trotter
A.T. Baker
R. H. Andes
Admitted to probate at the October
term 1888.
J. J. Ellis, clerk County Court
Page 361
Will of Eliza J. S. Ford
I am is the J. S. Ford of the county
of Sevier and State of Tennessee do make this my last will and testament and be
of sound mind and memory.
First, I will that all my board
expenses be paid.
Second, I wish my coffin to be a
neat plain Walnut coffin.
Third, I will that my doctor bills
be paid.
For the, I will that the remainder
of my estate goes to Mary Hodsden senior, to wit:
One bedstead, bed and furniture, all
quilts, cover and all my clothing that I have, that is not mentioned here, and
all very part and parcel and also monies or effects that belong to my estate it
being $60 more or less, also two trunks and all my effects that is not
mentioned here my will and desire is that all of my estate at the death of Mary
Hodsden senior, goes to Mary P. Hicks and her children formerly Mary P.
Hodsden, witness my hand and seal this 8th of March 1879.
Eliza J. S. Ford
J. C. Murphy
J. B. Hodsden
Admitted to probe late January 7th
1889
J. J. Ellis, clerk
Page 362
Will of Isaac Husky
I m Isaac Huskey being in good mind
and senses for the love I have up my son Melvin Husky. I do will transfer
and convey unto him, his heirs forever for the course duration of $100 to me in
hand paid the home farm where I now live, except the big house garden and mill
seats my life time and after my death all is to be Melvin s. They said
land is bounded as follows commencing on a chestnut at or near Miss Evan s line
then with Henry Proffitt s line to the spotted oak South East with J. H. Huskey
s line to W. S. Huskey s line and then with his land to Joel Lindsay line there
with Joel line to the J. Reagan s line, then with John Reagan s line to the
Timothy branch then down the Timothy branch to the beginning. The
consideration of this is that Melvin is to maintain the old woman her life time
that is his mother: this is covemant and agree with Melvin Husky this be in my
will this be six-day of August 1883.
Isaac Huskey
J. H. Huskey
Jason Ogle
Admitted to probate April 17th
1889
See record page 115
J. J. Ellis Clerk County Court
Page 363
Will of Amasa Cannatser
Knowing that death is certain and
the time incertain therefore I make this as my last will and testament.
I die believing in in the Christian
religion, I will and bequeath my body to its mother dust and my spirit to God
who gave it. Of my goods chattles, lands and tenants I will as follow viz. I
will all my lands tenants is stretched forgoods end chattles both personal and
real to my wife so long as she remains my widow and then at her death I will
that all my land tenants goods and chattles both real and personal be equally
divided between all the the lawful heirs of my body and that they shall never
have the right to transfer the land except to any of themselves. My request is
and I also will that if Rebecca my daughter shall marry then she is to have our
cookstove and is to be prepared for housekeeping as well as my wife shall be
able to reasonably furnish her out of my personal goods if she does not marry
until my wife dies the end at the death of my wife she is to be furnished as
above stated. I will that nothing is to be sold or cowveyed by either my
wife or children if so it shall be replaced. Also I will that my son W.
G. when he is 21 years old shall have my rifle gun and that said gun is not to
be so are given away I also further will that my two sons James David and W. G.
at the death of my wife have my mill and ½ acre rounded besides being equal
heirs in all
Page 364
Other things not specify. Also
will at my son Joseph have provided a clear and stays on or cultivates a
portion of my land known as the mill dam bottom hollow or that portion of said
hollow that I have hereto for pointed out to be his all that he can make on
said land for six years from this day provided he does not unnecessarily
destroy the timber but that he make rails of all the timber in his said
clearing to be used on the other part of the farm he can have timber for his
necessary use and no more. Provided that he within four years shall clear
the said boundary and make a good fence round the same. If he does not
then the clearing and all is to fall back as my other property to the
family. In testimony whereof I have hereunto set my hand and sealed in the
presence of the witnesses. This January the fourth 1888.
Amasa Cannatser
Attest
Levi Branson
G. B. McMahan
Admitted to probate April 1889
See record page
J. J. Ellis, clerk County Court
Page 365
Will of M.W. McCown
I, M.W. McCown a resident of
the fifth district of Sevier County Tennessee do make this my last will and
testament as follows.
First, it is my will that my
daughter Ella H. have out of my state $100 to make her equal with what I have
giving to the other children.
Second, it is my will that my son
John have my gray mare.