Will Book I
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Page 1
Will of
George Hudson
I George
Hudson 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 of all
my funeral expences together with my wife Rebecca's and all my just debts to be
paid.
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Secondly I
wish my son Joel Hudson to have the black smith tools. I also wish my
grand Daughter Elizabeth Jane daughter of Joel Hudson to have the oldest
feather bed and furniture. I also want Basdill Scruggs to have all of my
farming tools of every discription and also all the household and kitchen
furnature except the feather bed above named also a sorrell horse and brown
mare and six head of cattle with the increase of any and what Hogs on hand and
half of the sheep on hands to have and to hold and to have full controll of the
same during the natural life of my Daughter Anny Porter then to be equally
divided between the heirs of the body of my Daughter Anna Porter. I do
not will that the above should be so construed as that the said Baswell Scruggs
should apply the above named property to his own use or any part of it or the
proceeds thereof but to apply it intirely to the use and benefit of my daughter
Anna Porter and the heirs of her body and the balance of the sheep I want my
son Joel to have. I wish my lands to be divided as follows viz A
line running about an East and West course passing thru two cinque and between
the fields Night and
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Obediah
Hudson cleared running near a west course thru another cinque in which stands a
large chesnut oak making this the direction of the line. I want my Son in
law Samuel Huffaker to have all the land lying on the north of the above named
line during his natural life and in case his present wife should out live him
she is to enjoy the use and benefit of the same during her natural life, or
widowhood and then I wish it at the expiration of either of the above named
times as her death or marriage to be equally divided between his three children
by his first wife vis John Wesley, Manerva Evaline, and Martha Adaline. I
also want the balance of my farm to be divided between Joel Hudson and Basdil
Scruggs as follows vs. A line beginning on the line between John Brabson and my
self thence across the mouth of a cave near Brabsons corner thence up the
hollow to the cinque of the branch, thence up the branch to the head, thence up
the hollow to the forks of the road leading to where Samuel Huffaker now lives,
thence north to the other supposed line. I wish my son Joel Hudson to
have all of the land and houses
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lying East of
the above named line during his natural life and then to be equally divided
between the heirs of his body. I also want Basdel Scruggs to have all the
lands
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west of the
above named lines during the natural life of my daughter Anna Porter to have
free and absolute control of the same but I do not will that the above should
be so construed that the said Basdel Scruggs should apply the above named lands
to any other use whatever then that of the use benefit and support of my
daughter Anna Porter and the heirs of her body, and at the death of my daughter
Anna Porter I wish the above named lands to be equally divided between the
heirs of the body of my daughter Anna Porter. I also appoint Joel Hudson,
Samuel Huffaker, & Basdel Scruggs my Executors. I also do hereby made
and ordain this my last will and testament.
In witness
whereof I do hereby set my hand and affix my seal this 23rd day of
December 1849.
Attest
his
George X Hudson
W. M.
Bryan
mark
Calvin M. Hodges
Proven in
open court 4th Feby. 1850. A true copy of the original.
W. S. G. Ford Clk.
The foregoing
is a true copy of a certified copy of the last will and testament of George
Hudson which is recorded by order of the County Court.
Sept. 4th 1856
B. M. Chandler clk
By his dept. M. W. McCown
Page 4
Will of John
Brabson
"I John
Brabson of Sevier County and State of Tennessee being of sound and disposing
mind and memory do make and publish this my last will and testament
Item 1
I will and desire that after my death my Executors pay my debts and funeral
expenses out of my estate.
Item 2nd
I give and bequeath to my wife Elizabeth all my household and kitchen furnature
including two clocks and my safe together with such books as she may chose; the
residue to be devided between my three sons Benjamin Thomas & Reece.
I also give
to my wife Elizabeth all of the crop I may have on hands at my death either in the
ground or gathered and also all the provisions on hand the crop is to include
all the rents that may be coming from my tenants as well as what may be raised
on the ground cultivated by myself. I also give and bequeath to my said
wife as much of my stock of every discription and farming utentials as she may
need leaving that to her own judgment.
Item 3rd.
I also give and bequeath to my wife Elizabeth during her natural life the
following tracts of land for her support. First the tract on which I now
live including the hereditaments and appertainances thereto belonging and
bounded as follows. Beginning on a Spanish oak near where Collen Warren
lives on the public road leading to the store then running down Boyds creek so
as to include a lot and house adjoining said oak tree and and including the
spring at the creek
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to the mouth
of said creek and then down with the meanders thereof including the ferry to
James Ellis line and with that line to a stake that will be in a line between
the corner of Ellis fence that turns short round to go towards my mill; from
thence to where the road turns round a 14 Acre field called the mud hole field
to go towards Blairs big field and from that corner with the mill road to the
public road and with that to the beginning. Also I give to my wife
Elizabeth during her natural life what cleared land I have in the Island called
Buckingham Island with liberty to clear five acres more in the Island adjoining
the cleared land on the sluice. Also I give to my said wife during her
natural life all the land I own on the north side of French Broad river
adjoining my ferry and where Samuel Cook including the ferry and where
Samuel Cook now lives all for her use to farm but not to sell or waste or sell
any timber but to use such timber as may be necessary for keeping up the farms
and for fire wood &c. Also to use what timber in the Island above
named that may be necessary to keep up the fencing thereon. My said wife
is also at liberty to clear twenty acres on the land on the north side of the
ferry. I also give to my said wife all the rents that may be made on the
Shamblin place on the Amos Galyan place and where James White lives during her
life the use of what is called Blairs Big field and the field adjoining that I
have worked. Also the fourteen acre
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field called
the mud hole field and the field adjoining and the Reagan field all for her to
have to farm during her natural life and also she to have the privilege of
using timber on the different tracts of land to keep up the fences; and to have
what timber she may need on any of my lands in the Knobs for rails &c
Item 4
I give and bequeath to my said wife Elizabeth six hundred dollars to be paid
her out of my money or a good note as she may chose.
Item 5
I give and bequeath to my said wife during her natural life the use of all my
slaves that I do not otherwise dispose of.
Item 6
My will is that my slave Molly be freed from bondage at my death and the death
of my wife; and that my Executors make provisions for her to live with some
person that will be bound to keep her off the county and to live with some
person of her own choice if any person will go her security to keep her from
becoming a county charge and the county court will allow it my will is that she
may be emancipated instead of being bound to live with any person.
Item 7
It is my will that my wife may have as many raw hides tanned in my tan yard
free of charge as will shoe her family during her life provided the tan yard is
kept up. Also my will is that she may in like manner have what sawing she
may need for ferry boats done at my saw mill provided she furnish the timber
and the mill continues to run.
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Item 8
I give and devise to my son Benjamin D. Brabson and his heirs forever all the
lands that I have herein given to my wife Elizabeth except such as I have
otherwise disposed of to others and the possession of which he is to get at the
death of his mother. My will is that my son Benj. D. Brabson begin two
chains along the road towards the ferry from the corner Spanish oak spoken of
above and to run parallel and with the gully to the present fence and with the
fence two rods and then at right angles to the creek and then with the creek to
its mouth and with the line allotted to his mother until it reaches within two
chains of the Spanish oak his mothers corner. I also give and devise unto
my son Benj. D. Brabson and his heirs forever all the lands I own on the north
side of French Broad adjoining my ferry including he ferry and adjoining the
lands of George Hudson and the heirs of John Kear supposed to contain five
hundred acres with the exception of a small piece of land I allotted to the
widow Ingram during her life or widowhood, at which term of time my will is
that it belong to my son Benjamin D. Brabson and his heirs forever. I
further give and devise to my son Benj. D. Brabson and his heirs forever one
half of a one hundred acre tract that lies on the public road between my ferry
and Henry Cross roads and the other half of said tract I give and devise to my
son Thomas C. Brabson and his heirs forever. I further give and devise to
my son Benjamin D. Brabson and his heirs forever all the lands I own in what is
called
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Buckinhams
Island together with eighty acres of an Island together with that lies
in the river adjoining. I also give and devise to my said son Benj. D.
Brabson and his heirs forever all the land where William Cannon once lived
including one hundred and thirty acres of an Entry adjoining said land. I
also give and devise to said Benjamin D. Brabson and his heirs forever a slip
of ground 32 feet at the road and wider at the creek that lies between the
lands of James Ellis and Hugh Cowan got off of Cowan's land for a road to the
creek to get timber across the creek, all the land that I have willed to my
wife Elizabeth during her life that at her death go to my son Benj. D. Brabson
are not to be occupied by him until after the death of his said mother. I
also give and devise to my said son Benjamin D. Brabson and his heirs forever
the one third part of all my Knob lands that are not specially devised to
others.
Item 9
I give and devise to my two sons Benjamin. D. Brabson and Thomas C. Brabson and
their heirs forever my tract of land containing about 360 or 370 acres that
runs with Ezekial Waters land and lies on the waters of Panther creek &
Knob creek.
Item
10 I give and
devise to my two sons Benjamin D. Brabson & Thomas C. Brabson and their
heirs forever all the lands that lie on that part of my place that lies between
James Ellis where he lives and his
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old place
that lies on the west side of the road that leads towards the mill until they
come to the corner of the 14 acre field on the corner that turns to go to the
Blair big field they are to run on the line allotted to Benjamin D. Brabson
endenedually to a stake on James Ellis land provided this line does not run the
line to Ellis fence corner spoken of in Elizabeth Brabson's line through a sink
hole if so it is to be allotted so as to pass by one of the sink holes and to
run from said stake on Ellis line with his line and to his corner that runs
from the river and to run from that corner so as to run in a sink hole
small distance to the road that runs towards Whittle's old place and with the
road to Hugh Cowan's corner and Randles or by varying in some place so as to
suit the road or make it better than where it now runs; and with Cowan's line
to James Ellis line and with Ellis line to the White oak corner on the creek
and then with the creek to the middle of it to the bend and then down the creek
on the south side to the mouth and up on the other side to Benjamin D.
Brabson's corner on the creek and then with his line to the state on the road
two chains from the Spanish oak. The fields that are allotted to my wife
during her life out of the above lands are not be occupied by the said
Benjamin. D. Brabson and Thomas C. Brabson until after the death of my said
wife. Also give and devise to my said sons Benjamin D. Brabson and Thomas
C. Brabson and their heirs forever all my Tan yard with all the tools on hands
and dry
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hides and
also one half of all the leather in tan or is preparing for tanning and the
other half I direct to be divided between the rest of my children to be worked
out by my black boy Henry and the bark and oil on hands to be used for that
purpose and what is left if any is to belong to my said two sons Benjamin D.
& Thomas C. Brabson and if any is wanted and if any is wanted then
my said son Benjamin is to furnish it, the leather to be divided as it is
worked out. I also give to my said two sons Benjamin & Thomas all my
smith tools. I give and bequeath to my said sons Benjamin & Thomas my
two black boys Henry & Charles the black smith equally during their natural
lives, at the death of either that shall die leaving no heirs of their own body
then the right to said two slaves Henry & Charles shall go to the survivor
and his heirs forever. I further give and devise to my said two sons
Benjamin D. & Thomas C. Brabson and their heirs forever all the tracts of
land that my old mill was built upon in the Knobs with its appertainances, also
a small piece of land of about three acres near where the widow Perry once
lived being part of the field where Shamblin lives. I also give to my
said two sons Benjamin D. & Thomas C. Brabson and their heirs forever a one
hundred acre tract that takes in the Knob at the left as one passes towards the
old mill
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and also one
other tract that contains two hundred acres that Whittle entered and sold to
me. Also one third of a tract of three hundred and fifty acres or
thereabouts that runs to the lick place, and also in like manner I give and
devise to them my said two sons my part of an Entry made by myself &
Chandler that lies between Chandler & Whittle fifty acres and my mill tract
that runs to the lick and the creek. I also give and devise to my said
sons Benjamin D. & Thomas C. Brabson and their heirs forever the balance of
the same tract called five hundred and fifty two acres or near that, some of
this tract is taken in by other entries. If my wife Elizabeth may want
timber out of any of these lands she is to have for rails fire wood and other
uses my will is that said Benjamin & Thomas C. Brabson shall tan the leather
spoken of for my wife in part consideration yard and black boy.
Item
11 I give and
bequeath to my son Thomas C. Brabson and his heirs forever so much of my lands
where he now lives as lies on the north side of the road that leads from my
mill towards Levi Whittle's old place with the exception I have made in the
road mentioned in the line of Benjamin D. and Thomas C. Brabson on said road
where there is a wagon road used that is to make the road better in places
where is needs changing of the road to better ground the bounds are to be as
follows Beginning at a post oak corner of
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Hugh Cowan's
James Randles and myself and to run with the road spoken of to a corner between
me and James Ellis, the first corner from a beach on the river bank, and from
that corner to said beach on the river bank and from thence up the river
various courses and distances to include the land in a twenty five acre entry,
also to run down the river so as to include the mills and an Island of thirty
seven acres or thereabouts called Boggs Island and down the river to James
& Richard Randles mill, and with their line to the public road, and with
the road to James Randles deceased and with said James Randles line to the
beginning containing one tract of land formerly owned by John Clinkenbeard and
purchased by me from Edward George and other purchased by me at a Trust sale of
Samuel Bowman the land formerly belonging to Samuel Boggs part of another tract
formerly owned by Joseph Blair all that has not been devised to Benjamin and
the said Thomas C. Brabson jointly. I further give and devise to my said
son Thomas. C. Brabson and his heirs forever a one hundred acre tract I own in
the Knobs being the one I purchased two thirds of it from James W. Ellis
adjoining the lands of said Ellis. I further devise to my said son Thomas
C. Brabson & his heirs forever the one third of the tract of land that
belongs to John Chandler & myself the one half to each the tract contains
532 acres
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lying Knob
creek the waters of Boyds creek and which I divided between Benjamin D. &
Thomas C. Brabson.
Item
12 I direct
that my Executors shall sell my house and lot in the town of Sevierville and my
twenty tract near Jerry Mathis old place with the 3 1/2 Acres I got of John
Catlett upon such a credit as will secure the best price, so that it be not
longer than two years and to be sold as soon as there is an opportunity of
selling for a fair price, and until it can be sold I desire that it be rented
and the money arising from said sale I direct that it shall be equally divided
among my five daughters.
Item
13 I give and
devise to my Daughter Mary Hodsden my land known as the Bush tract including
three tracts, one two hundred and forty eight acres in the fork of the big East
fork and little East fork of little Pigeon river, one other tract on the
opposite side of the little East fork containing one hundred & fourteen
acres being the place George Bush formerly lived on and one other tract of
fifty acres the above lands with the hereditaments and appertainances thereto
belonging I give to my said Daughter Mary during her natural life and at her
death I give and devise the same to her children born of her body and their
heirs forever. I also give to my said daughter one negro girl out of my
estate during her natural life together with her increase and at the death of
my Daughter Mary then I give and bequeath the said negro girl and her increase
to the children born of the body of my said Daughter and their heirs forever to
be equally divided amongst them.
Page 14
If I should
furnish my said daughter with a negro girl before my death then she is to hold
the same under this will in lieu of the one given by the will and to be held by
her children as directed by this my will.
Item 14
I give and devise to my daughter Precitta Shields my tract of land lying near
McClary's mills where Frederick Scruggs lives & Jesse Cunningham lives
containing three hundred and thirteen acres more or less together with one
Entry containing fifty two acres on Tuckahoe creek, adjoining the Same, the
above lands with the hereditaments and appertainances thereto belonging I give
to my said Daughter Precilla during her natural life and at her death I give
the same to her children and their heirs born of her body forever. I also
give to my said daughter Precilla during her natural life one negro girl named
Tennessee about thirteen years old and at the death of my said daughter said
negro girl and her increase I give to the children of my said daughter and her
heirs forever. I also give to my said Daughter Precilla fifteen hundred
dollars to make her land equal in value to the lands of my other daughters.
Item
15 I give to
my Daughter Lucy Scruggs all that tract of land I purchased of Levi Whittle in
Sevier County containing from five to six hundred acres it being in different
deeds and the lands that said Whittle lived upon including a cotton Machine,
and also Seventy acres of land I purchased of Richard Haney
Page 15
the above
land with the hereditaments and appertainances thereto belonging I give to my
said Daughter Lucy during her natural life and at her death I give and devise
the same to her children born of her body and their heirs forever.
Item
16 I give and
devise to my Daughter Elizabeth McNutt my tract of land formerly owned by
Doctor Thomas Hill containing four hundred & thirty four acres or
thereabouts the above lands with the hereditaments and appertainances I give to
my said Daughter during her natural life and at her death I give and devise the
same to her children born of her body & their heirs forever. I also
give to my said Daughter Elizabeth a negro girl named Malinda and her two
children Gilbert & Sarah Emeline during her natural life and at the death
of my said Daughter I give and devise the said above named negros with their
increase to the children of my said Daughter and their heirs forever. I
also give to my said Daughter five hundred dollars in money to make her land
equal in value to my other Daughters.
Item
17 I give and
devise to my daughter Penelope Brabson that tract of land I purchased of John
Franklin with the hereditaments and appertainances lying in what is called
McClary's bend containing about one hundred and ninety two acres. I also give
to my said Daughter my Island with its appentanances called McClary's Island in
French Broad river the above said lands I give to my said Daughter Penelope
during her natural life and should she marry and have children then at her
death I give said lands to her children and their heirs
Page 16
forever but
should she die unmarried or without children or the lawful decendants of
children then I give and bequeath said lands to her brothers and sisters &
their heirs forever. I further give to my daughter Penelope one negro
girl out of my stock of negros or out of my estate during her natural life and
at her death said negro & her increase is to go to the children of her body
if she should marry and if she die unmarried or without children or the lawful
decendants of children then said negro and increase to go to her brothers and
sisters and their heirs forever. I also give to my said Daughter Penelope
twelve hundred and fifty dollars to make her land equal in value to my other
Daughters. I also give to my said Daughter the same amount of house hold
furniture and stock that I gave to my other daughters out of my estate.
Item
18 I give and
devise to my son Reece. B. Brabson and his heirs forever my tract of land lying
in Gibson County in West Tennessee containing about 337 acres together with the
hereditaments and appertainances thereto belonging. I also give to him
the sum of $2535 heretofore advance to him by me for the purpose of purchasing
a tract of land near the Town of Chattanooga. I also give to my said son
Reece. B. Brabson the sum of four hundred and sixty five dollars to be paid to
him by my Executors in money. It is further my will that if the tract of
land in Gibson
Page 17
county shall
not sell for or be worth one thousand dollars then I give to my said son Reece
out of my estate in addition to what I have given to him as much as will make
said tract of land equal in value to one thousand dollars. I also give to
my said son Reece the sum of eleven hundred dollars heretofore advanced to him
by me to purchase a lot in the town of Chattanooga. I also give to my
said son Reece a negro boy now in his possession named Bill.
Item 19th
I give and devise to my son
Benjamin D. Brabson and his heirs forever that tract of land with its
appertainances that lies above Peter Huffakers old place on the north side of
the river called twenty eight acres or thereabouts, also I give to my said son
& his heirs forever the tract of land that lies was in dispute with
Wesley Huffaker supposed to be about sixty eight acres or thereabouts. My
will also is that my said son Benjamin shall not be charged interest on his
note of 655 dollars that he gave for the Baker place.
Item 20th
My will is that so much of my
stock and other articles that may not be disposed of such as stock that my wife
Elizabeth may not want or other articles be sold by executors and the money
placed with my other monies.
Item 21st
I give to my son Thomas. C. Brabson my surveying instruments and my Gibson on
surveying.
Item 22nd
My will is that my son Benjamin D. Brabson have the use and benefit of my
houses & lots in the town of Maryville during the life of his Mother and at
her death they shall be sold by my executors
Page 18
and the money
equally divided among my eight children.
Item 23rd.
I give to my daughter Lucy Scruggs one half of an Entry of land lying back of
the widow Henderson's place, the whole containing 150 acres owned now by John
Chandler & myself which she is to have during her natural life and at her
death to go to her children and their heirs in the same way that I have
directed the other lands willed to her.
Item
24 My will is
that my executors contract with some person to wall in a grave yard on the Hill
above my house and pay for the same out of my estate or debts as they can make
a contract the wall may be thirty feet square or more if thought necessary and
be of such height and thickness as may be best to make it a good wall.
Item
25 I direct
that my executors shall sell my lands where where Charles Reed owned and the
money divided among my eight children.
Item
26 My will is
that if I should provide other means for any of my above named children they
are to have no more than what will make them equal with what I have given them.
Item 27th
My will is that at the death of my wife my negros shall be divided by my
executors as follows
First
I give to my son Thomas. C. Brabson one negro slave of his own choice after he
has made his choice I then direct there shall be set apart by executors seven
lots of negros placing two in each lot and the said
Page 19
lots to be as
near of equal value as may be one of which lots I give to Thomas C. Brabson one
to Reece B. Brabson one to Mary Hodsden on to Precilla Shields one to Lucy
Scruggs one to Elizabeth McNutt & one to Penelope Brabson and the rights to
the respective lots to be determined by drawing and the difference in the value
of said lots is to be made up in money by my executors so as to equalize the
value of said lots. The remainder of my negros at the time above stated
to be divided into eight lots so as not to be better than what will be half of
each of the above seven lots and those eight lots I give one to Benjamin D.
Brabson, one to Reece B. Brabson, one to Thomas C. Brabson one to Mary Hodsden
one to Precilla Shields one to Lucy Scruggs, one to Elizabeth McNutt & one
of Penelope Brabson and said lots to be made of equal value by my Executors by
paying the difference in the value in money and the choice of these last lots
to be likewise determined by drawing the negros that shall fall to my daughters
under the above two divisions Mary Hodsden Precilla Shields, Lucy Scruggs,
Elizabeth McNutt & Penelope Brabson. I give and bequeath to them respectively
during their natural life and at their death to go to their respective children
and their heirs in the same way that I have directed the other slaves given
them to go, and should my daughter Penelope die unmarried or without children
or the lawful decendants of children then her said slaves are to go to her
brothers and sisters.
Item
28 It is my
will that the business of the firms of John Brabson &C.
Page 20
&
Brabsons O'Toole, may be wound up in such manner and time as may be consistent
with the interest of said firms that reasonable times be allowed for winding up
the same without unnecessary pressing collection of the debts so as to hazard
their safety.
Item
28 It is my
desire that my Executors collect as soon as they can or within a reasonable
time so much money out of the debts owing to me as will pay of the money I have
directed specially to be paid to my wife and Legatees.
Item
29 I give and
bequeath to my son Benjamin D. Brabson the sum of two thousand dollars in money
in addition to what I have already given to him in consideration his services
rendered to me in the management of my business.
Item
30 I give to
my son Thomas C. Brabson one thousand dollars in money in addition to what I
have already given him in consideration of services rendered by him in
management of my business.
Item
31 All the
rest and residue of my estate I direct shall be equally divided among my eight
children and their heirs to wit, Benjamin D. Brabson, Thomas C. Brabson,
Pricilla Shields, Reece B. Brabson, Mary Hodsden, Lucy Scruggs, Elizabeth
McNutt and Penelope Brabson.
Item
32 I hereby
appoint Benjamin D. Brabson, Thomas. C. Brabson and John. S. McNutt Executors
Page 21
of this my
last will and testament. In testimony whereof I have hereunto set my hand
and seal the 27th day of October 1848.
Sealed signed
published
)
John Brabson (Seal)
and declared
by the testator )
to be his
last will and
)
Testament in
the presence of )
Reps. I.
Davis
Robt. H.
Hynds
Proven in
open court by the two subscribing witnesses December Term County Court
1848
W. S. I. Ford Clk
State of
Tennessee )
Sevier
County
) I William. S. G.
Ford clerk of the county court in & for said county do hereby certify that
the foregoing is a true copy of the original will of John Brabson an recorded
and filed in my office. Given under my hand at office in Sevierville this
31st day of July 1849.
W. S. G. Ford Clk.
The foregoing
is a true copy of a certified copy of the last will and Testament of John
Brabson deceased which is recorded by order of the county court the original
will and the record book containing a copy of the same having been destroyed by
the burning of the county court clerks office
This 8th day of September 1586
B. M. Chandler
Clk
By his Dept. M. W. McCown
Page 22
Asa
Delozier's Will
I Asa
Delozier of the county of Sevier and State of Tennessee 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 moneys that
I may die possessed of or may first come into the hands of my executors.
Secondly I will and bequeath to my wife Caroline all my household & kitchen
furniture and also as much of my stalk with my waggon and farming utentials as
may be necessary for my family support and farming purposes also it is my my
will that my wife with my family remains on the farm where they now live until
my youngest child comes to 21 years of age it is my will that my son Andrew
remains where he now lives and he with wife Caroline to have full control of
all the farm it is my will that my son Cromwell remains where he now lives and
have the full benefit of that farm for his own use also it is my will that
Rufus Davis and family remains where they now live and have full benefit of
said farm for his own use also it is my will that my son William have one three
year old bay horse colt. Whereas Cromwell Delozier and Andrew Delozier
has executed their promisary note payable to me for seven hundred and sixty
four dollars, one day after date dated, the 9th day of September
1856 it being the last payment in full
Page 23
for the land
I conveyed to them in the year 1847, and whereas they have granted my wife and
family the privilege of living on said land and raising my family until my
youngest child arrive to 21 years of Age now it is my will that my Executors
hold this note until my youngest child arrives to 21 years of age it is also my
will that said Cromwell & Andrew Delozier at that time when my youngest
child arrives to 21 years of age propose to said heirs together with all the
ballance of my heirs to each and every one of them and equitable division and
interest with themselves in and to all the lands that I conveyed to them in the
year 1847 provided the heir or heirs pays said Cromwell & Andrew Delozier
all the money with interest that they have paid or may yet pay out up to that
time it is also my will that when Cromwell & Andrew Delozier complies with
this request whether accepted or requested by my heirs the propirtion shall be
considered as payment in full of the promisory note and then entitled to their
note without any further consideration it is also my will that my Executors as
soon after my death as convenient they examine into all my landed interest
& personal property in North Carolina and sell lease or rent as they may
think the most advantages to my Estate. Lastly I do hereby nominate and
appoint Cromwell Delozier &nd Andrew Delozier my Executors in writing
whereof I do this this my will set my hand and seal this 10th day of
September 1856
his
Asa X Delozier (Seal)
mark
Page 24
Signed Sealed
and published in our presence and we have subscribed our names hereto in the
presence of the testator
Andrew
Kirkpatrick
David Vaught
Thos.
Atchley's Will
I Thomas
Atchley being of sound mind and disposing memory make and publish this my last
will and testament as follows (viz) First I want all my debts and funeral
expenses paid out of my loose property. Then I will and bequeath to my
beloved wife Polly all the residue of my property both real and personally
during her natural life at her death my will is all the property real and
personal be equally divided among my children last of all my will is that my
wife Polly be my Executrix signed sealed and delivered in the presence of us
this 6th day of September 1856.
his
William
Atchley
Thomas X Atchley (Seal)
mark
John Lindsey
The above
will of Thomas Atchley Decd. was proven in open court on the 7th day
of January 1857 and admitted to record this 7th January 1857
B. M. Chandler Clk.
By his Dept. M. W. McCown
Page 25
Isabella J.
Davis Will
I Isabella J.
Davis of the county of Sevier and State of Tennessee do make and publish this
my last will and testament hereby revoking and making void all other wills by
me at former time made
1st
I direct that after my death that my funeral expenses together with all my
debts be paid first out of any money that may be on hand or may first come into
the hands of my Executors and as to my property that I may die possessed of I
wish disposed as follows to wit.
1st
I bequeath to my son Robert C. Bogle my negro boy Mitchell one sorrel Horse
with white face one rifle gun two beds & furniture & one Trunk of green
color.
2d
I bequeath to my daughter Mary Barthena Bogle my negro woman Ellen three Beds
& furniture my Bureau too half round tables one large Looking glass my
china press & half the furniture usually kept in the same after the
following bequests are filed I wish said Mary B. Bogle to have one set green
figured china ware one set German silver table spoons one set tea spoons that
has been in use one black colored trunk with rolers on the bottom & six
green colored chairs also my side saddle. I further wish said Mary to
have any increase of family that the said negro Ellen may have after the date
of this will.
3d
I Bequeath to my son Joseph B. Davis negro boy Adam one Bed & furniture one
revolving pistol.
4th
I Bequeath to my daughter Priscilla J. Davis negro girl Virena too Beds &
furniture one set knew small steel case
Page 26
knives &
forks set knew tea spoons one large looking glass six chairs of green color one
black trunk my large family Bible & the one half of the remaining portion
of the ware usually kept in the china press
5th
I bequeath to Mary B. Bogle my carpet my desire further is that the Table
linens Table cloths window curtains & Towels belonging to my house be
equally divided between my to daughters Mary B. Bogle & Priscilla J. Davis.
6th
My desire is that the remaining portion of my property not herein devised by
exposed to sale & the monies arising from the same together with any other
money due me after paying my debts be paid over to Robert C. Bogle & Mary
B. Bogle as herein after devised my desire further is that Robert C. Bogle
& Mary B. Bogle be put in possession of the aforesaid bequeathed property
except the negros soon after my death by my Executors I direct the said negros
Mitchell & his wife Ellen be higherd out until said Robert C. & Mary B.
Bogle become of age or marries at which time I direct that my Executors put
into the possession of the aforesaid Robert & Mary Bogle said negros as
bequeathed as will as their equal share of money as bequeathed. I further
desire in the event of the death of the said Robert or Mary before they become
of age or marries the surviving one get the negroes & their increase as the
case may be or money money coming to the deceased be paid over according by me
Executors
7th
I desire that the property as bequeathed to Joseph B. Davis & Priscilla J.
Davis go into the possession of one of
Page 27
my Executors
Hiram Bogle and left to his discretion whether to sell and put the money
arising from the sale at interest or to keep said property until said Joseph
& Priscilla becomes of age except the negros as bequeathed to said Joseph
& Priscilla said negros Adam & Virena I direct that said Hiram hand
over the said negros as set apart as well as the distribution same that may
arise from the hire of the said negros further any expenses incurred by said
negros Adam & Virena are to be paid out of the effects of the said Joseph
& Priscilla David & in the event of the death of the said Joseph or
Priscilla Davis the said Hiram Bogle is to pay over to the surviving party the
effects of the deceased after said party becomes of age but should both Joseph
& Priscilla Davis die before they become of age or marries then an in that
case I direct that the effects of the within bequests to Joseph & Priscilla
Davis be paid to Robert C. Bogle & Mary B. Bogle equally. I do hereby
make ordain and appoint John S. McCroskey & Hiram Bogle executors to this
my last will and testament in witness whereof I Isabella J. Davis have to this
my will written on one sheet of paper Set my hand & seal this November 5th
in the year of our Lord one thousand eight hundred and fifty six
Signed and
sealed in
)
Isabella J. Davis
the presents
of us
who
)
have
subscribed in the )
presents of
the Testator )
& each
other
)
Attest
William Wayland
Jas. M. Hodges
Page 28
Will of John
Fox
I John Fox 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 direct that my funeral expenses and all my just debts be paid as soon after
my death as possible out of any moneys that I may die possessed of or may first
come into the hands of my Executors.
Secondly
I give and bequeath to my wife Nancy Fox all my Estate both real and personal
except a sucking colt of my little roam mare for and during the term of her
natural life.
Thirdly at
the death of my said wife I give and bequeath all the remainder of my Estate
both real and personal to my two sons William Wesley and Cornelius Fox, except
said sucking colt upon the terms and conditions herein after mentioned
enumerated to be equally divided between them, my two said sons am to pay to my
children and grand children below enumerated as follows to wit, to my daughter
Elizabeth Mitchell, Matilda Benson, Edi Ailey and Christina Sutton the sum of
one hundred dollars each one half in money and the other half in good property
at a fair valuation within four years after the death of my said wife. To
the children of my daughter, Rebecca Renfro decd. and to the children of my
daughter Nancy Tunis decd. except William Tunis and Jane Tunis the sum of
Fifteen dollars each as they respectively come of age and to my two little
grand children William Tunis and Jane Tunis the sums of fifty
Page 29
dollars each
on their respectively coming of age and half in money and the other half in
good property at a fair valuation and in consideration of my two sons Cornelius
and William Westley and my Nancy getting the greater part of my Estate I
require of them or the survivor of them or survivors of them to take
care of and cloth and feed decently and comfortly my deranged son Adam
Fox. Fourthly I give and bequeath to my little grand son, William Tunis
the sucking colt of my little roam mare in addition to what I have given him above.
Lastly I do
hereby nominate and appoint my two sons, Cornelius and William Westley and my
wife Nancy Fox Executors of this my last will and Testament this 8th
day of June 1851.
his
John X Fox (Seal)
mark
Signed sealed
and published in our presence and we have signed our names hereto in the
presence of the Testator the day and date above written.
Emanuel Fox
his
George X Fox
mark
his
Cornelius X Patterson
mark
State of
Tennessee )
Sevier
County
) I P. H. Toomey
Clerk of the County Court of said County do hereby certify that the foregoing is
a full true and perfect copy of the original will now of record and on file in
my office Given under my hand at office in Sevierville this 25th
October 1852.
P. H. Toomey clk.
Page 30
The foregoing
is a true copy of a will certified copy of the last will and testament
of John Fox Decd. which is recorded by order of the county court the original
will and the record book containing the copy of the same having been destroyed
by the burning of the County Court Clerks office This 4th day
of August 1857.
B. M.
Chandler Clk
Will of
Edmond Hodges
State of
Tennessee )
Sevier
County
) I Edmond Hodges
of the County of Sevier and State of Tennessee do make and publish this my last
will and testament hereby revoking and making void all former wills by me at
any time heretofore made, as to such worldly estate as it hath pleased God to
entrust me.
First I
direct all my debts and funeral expenses be paid as son as possible after my
decease out of any moneys that I may die possessed of or may first come
into the hands of my executors from any portion of my Estate real or
personal. Secondly I give and bequeath to my beloved wife Sarah M. Hodges
during her natural life or during her widowhood the one third of my lands on
which I now live which third it is my will and desire that it should include
the mansion House barn and all the out houses or as many as may be necessary
for her reasonable use and further it is my will and desire that her third
should be laid off and be included in the following buts and bounds to wit
Page 31
Beginning on
the original line between my self and John McCroskey at a place where the
conditional line between my self and George Kincannon now William Wayland lives
said original line and running with said conditional to the corner of said line
then with the same course through my lands to the spring branch that runs from
the spring where my son Henry lives and at the place where my son William
formerly lived and called Williams Spring thence up said branch to the spring
and thence with the hollow that the spring is in up to the line between myself
and John Sharp thence with my original line to the aforesaid conditional line
which was the beginning on the line between myself and John McCroskey and in
addition to the above specified lands and its apertainances it is my will and
desire that my said wife Sarah M. Hodges should have the entire use and benefit
of that field on my said farm known as my Son Edmonds lease which is supposed
to contain fifteen acres more or less, and further in addition to the aforesaid
bequests I will and bequeath to my said wife Sarah M. Hodges my four horse
waggon and all the gearing as they may be at my decease, also my two horses to
wit, my Grey horse rock and my bay horse Pete and a suffincy of the farming
utentials on hands for her reasonable carry on the culivation of the aforesaid
bequeathed lands. Also all the household and kitchen furniture and the stock
of provisions on hand for her support the present year and also six hundred
bushels of corn out of the crop now growing on my lands and a sufficient number
of stock hogs suitable for fall killing to make twenty five hundred
Page 32
pounds of
pork also one hundred bushels of wheat if made out of the present crop now
growing for her next years support I also will and bequeath to my said wife
Sarah M. four milk cows and calves also two white broad sows and twelve goats
also a suffincy of hay and fodder to winter the said stock through the ensuing
winter and it is my will and desire that my said wife Sarah M. should have the
full and entire control of all the foregoing bequests and that the benefits
arising from the same may enable her to decently maintain herself and her six
children the children of her body born since she became my wife and also my son
Isam Hodges a minor heir of mine by my first wife if provided he will stay and
live at home and farm as the rest of the minor heirs do which if he will not do
he is not to receive any thing as compensation for his maintenance from any
part of my Estate other than his distribution share and also my wife Sarah M.
is not to receive any thing as compensation for the raising and maintaining of
all of said minors from any part of my estate whatever other than is herein
before allowed and prescribed and at my said wife Sarah M. decease or at her
marriage the said bequeathed lands as far as relates to her the said Sarah are
to fall back to my estate and be in common with my other lands which I desire
my Executors to sell on a twelve months credit to the highest bidder the
purchaser giving bond and approved security after giving six months notice of
the day of sale in some Newspaper published nearest to where the lands are and the
proceeds of said
Page 33
of said lands
when collected to be equally divided. Share and share alike amongst all
the heirs of my body male as well as female half blood as well as whole blood,
and here I will publish and declare that it is my will and devise that the
heirs of my deceased daughter Elizabeth Burns shall heir and be entitled to
receive their distribution share as though she were now living and I direct my
Executors to pay over the same as to the rest of my heirs share and share alike
and further it is my will and devise that
within months after
my decease my executors shall expose to public sale after giving four months
notice in Newspaper published nearest my last residence on a credit of twelve
months the purchaser giving bond with approved security all my negros to wit,
Bill, Ned, Dulland and her three children, Rachael and her five children, and
further I will and devise that the residue of my personal property not herein
before disposed of shall as soon as practicable be exposed to sale at public
auction on a credit of twelve months with approved security after giving twenty
days notice of the day of sale at at least five different places in the county
one of which shall be at the court house in Sevierville and further it is my will
and wish that my executors after they have received the proceeds of the last
mentioned sales of personal property and negros shall pay over to the guardians
of each of the minor heirs of my body an amount to each as follows to wit, to
the guardian of my son Isam ten dollars which it is my wish and will shall be
expended for schooling said ward
Page 34
&
likewise I will and bequeath that my executors pay over to the guardian of my
daughter Virena Jane the sum of four dollars to be expended in schooling said
ward and also that my executors pay over to the guardian of my son Joseph
fifteen dollars to be expended for schooling said ward, also that my executors
pay over to the guardian of my daughter Nancy Caroline seven dollars to be
expended for schooling said ward, also that my executors pay over to the
guardian of daughter Louisa Ten dollars to be expended for schooling said ward,
also that my executors pay over to the guardian of my son Wiley thirty dollars
to be expended for schooling said ward, also that my executors pay over the
guardian of my daughter Martha thirty dollars to be expended for schooling said
ward and further it is my will and desire that my executors should pay over out
of the money when collected from the last mentioned sales of personal property
and negroes to the guardians of my four daughters Virena Jane, Nancy Caroline,
Louisa and Martha the sum of Twenty dollars to each for the purpose of
purchasing a saddle and a cloak a piece and also that my executors pay over to
the guardian of my son Isom ten dollars to be expended in the purchase of an
over coat if said ward my chose or as said ward may dispose, also that my
executors pay over to the guardian of my son Joseph fifteen dollars to be
expended in the purchase of a over coat for said ward, also that my executors
pay over to the guardian
Page 35
of my son
Wiley thirty dollars to be expended in the purchase of a saddle and an over
coat for said ward, also it is my will and I bequeath to my seven minor heirs
to wit, Isom, Virena Jane, Joseph, Nancy Caroline, Louisa, Wiley and Martha,
ten dollars each to be expended for the purchase of a Cow a piece when they or
any one of them may come of age or marry which money I direct my executors to
pay over to their separate guardians out of the aforesaid money arising from
the sales of the said Negroes and personal property and after all the foregoing
specified bequests are taken out of the proceeds of the sales of said negroes
and personal property then it is my will that my wife Sarah M. should come in
with the children and heirs of my body and have an equal share with all my
children and heirs share and share alike to each their distribution share
making in all twenty shares in this division, and further the residue of my
lands such as have not been otherwise herein before disposed of in this my last
will and testament until the disease or marriage of my widow shall be at the
disposal of my Executors, except so much as my son in law Samuel Black has
under lease which lease will expire with the year one thousand eight hundred
and forty five to rent out to tenants on the best possible terms for the estate
always giving my heirs the preference provided they are faithful tenants
and the rents so disposed of and divided equally amongst the heirs of my body
share and share alike as may be tot he best interest of my estate. It is
my wish that the clause where it secures to my wife Sarah M. the household
& kitchen furniture should
Page 36
be understood
to include the loom and every other thing article about the house necessary for
the use of the family. I do hereby make ordain and appoint my beloved son
Edmond Hodges and David McCroskey Executors of this my last will and testament.
And further I
will here publish and declaim that his my last will and testament is written on
two sheets of paper and that the same are attached by five strings with a
striped ribbon and a tie on the same of two knots with a seal on the ends of
said ribbon with my name written in my own hand writing, written across the
said seal. In witness whereof I Edmond Hodges the said Testator have to
this my will written and attached as aforesaid set my hand and seal this third
day of June in the year of our Lord one thousand eight hundred and forty one.
Edmond Hodges (Seal)
Signed sealed
and published in the presents of us who have subscribed in the presents of the
testator & of each other
William
Wayland
Robert
McCroskey
John Lawrence
State of
Tennessee )
Sevier
County
) I B. M. Chandler
clerk of the county court of said county do certify the foregoing to be a true
and perfect transcript of the will of Edmond Hodges Decd. as appears of record
in my office.
Witness my
hand at office in Sevierville this 12th day of Oct. 1855
B. M. Chandler
Clk.
Page 37
The foregoing
is a true copy of a certified copy of the last will and testament of Edmond
Hodges deceased which is recorded by order of the County Court the original
will and the record book containing the copy of the same having been destroyed
by the burning of the County Court Clerks office this 23d day of Nov. 1857.
B. M. Chandler
Clk.
State of
Tennessee )
) SS
County of
Sevier )
I John Underwood of the County of Sevier and State of Tennessee being of sound
mind at the time of making and publishing this my last will and testament
having disposed or directed to all my children portions of my Land except to my
three grand children Mary, Hannah and Ruby the daughters of Patsey and George
F. Huffaker, to whom I give and bequeath a certain tract of my land known as
the Thomas Underwood farm being and lying in Knox County State of Tennessee
adjoining the lands of McCarty's, Deaton's and others containing three hundred
and fifty acres more or less to be equally divided between them when they
arrive at the age of twenty one years of age, if either of these grand children
shall before such division have decd. leaving lawful issue such issue to
receive the parents share, but if there be no issue then such share to fall
into the general fund to be divided among the survivors in the manner before
directed, also another tract containing one hundred and thirty acres more or
less being and lying in Sevier County State of Tennessee adjoining the lands of
Thomas Henry, William Underwood
Page 38
and others,
to be used as above described to have and to hold their heirs forever the above
tracts of land, and I hereby nominate constitute and appoint my son Joel
Underwood Guardian or Executor to the before and above mentioned Heirs Mary
Hannah and Ruby Huffaker, and I give my Son Joel Underwood full power and
authority to rent lease and manage said lands to the interest and benefit of
said Heirs, as he may think best. Also I desire to give him said executor
the sum of five dollars per annum for his services to be paid to him from the
proceeds of said lands rents. 2nd Also I give to my daughter
Joanna Bales and her body heirs a certain tract of land being and lying in the
County of Knox and State of Tennessee containing two hundred and fifty acres
more or less adjoining the lands of Peter Deriux, Ivins Collins & John
Randles to have and to hold the same to her heirs and assigns forever, also I
give to my wife Polly Underwood a certain tract known as the old Collins tract
containing one hundred acres more or less adjoining the land of Joanna's above
mentioned to have and to hold the same and dispose of the same as she may deem
proper to her heirs and assigns forever. Also another piece adjoining the
last mentioned of six acres which includes the water, which I desire shall be
divided equally between my wife Polly and Joanna Bales, my daughter to be used
and held by them as above. In witness whereof I have hereunto subscribed
my name and affix my seal the 28th day of December A D 1854.
his
John X Underwood (Seal)
mark
Page 39
The above
written instrument was subscribed by the said John Underwood in our presence
and acknowledged by him to each of us and he at the same time published and
declared the above instrument so described to be his last will and testament,
and we at the testators request and in his presence have signed our names as
witness hereto and written opposite our names our respective places of
residence
his
John X Underwood
mark
Joseph L.
Plumber of Knox County Tennessee
Payne McClary
of Sevier County Tennessee
John Kelly of
Sevier County Tenn.
Now therefore
I John Underwood do by this writing which I certify and declare to be a codicil
to my last will and testament and to be taken as part thereof order and declare
that my will is that my two grand children Lawson Carr and Elizabeth Rigs now
of Texas have one quarter section of land located in State of Missouri and
County of Mercer containing one hundred and sixty acres which land I have
purchased of my son Thomas Underwood and do desire that the same be given to my
heirs above mentioned, reference to the deed or platt for courses Town ship
& Range of said Land and I declare this to be a true codicil to my last
will and Testament as aforesaid to all intents and purposes. In witness
whereof I have hereunto signed my name this 30th day of October A D
1855
John Underwood (Seal)
R. M.
Creswell
Jesse
Huffaker
Page 40
State of
Tennessee )
Sevier
County
) On this 17th
day of October 1856 I John Underwood do in addition to the before written will
further desire that my five sons Thomas, Joel, James, Henry and George shall
have all my notes and what cash I may be seized with at my decease to be
equally divided between Thomas, Joel, James and Henry and that George my son
shall have one hundred dollars of the same in cash or notes, further I will
that my Milling house tract of land known as the Salem tract of land containing
fourteen acres too reserved to said church so long as it continues to be a
place of worship, be and I hereby give the same to William my grand son the son
of my son Thomas. I declare the above to be my will in testimony whereof
I hereunto set my hand and seal in presence of
Joseph L.
Plumber
his
John X Underwood
his
mark
William H. Covington
mark
State of
Tennessee )
Sevier
County
) I John Underwood
of said County & State have heretofore made my last will and testament in
writing bearing date December 28th 1854 and codicils bearing date
Oct. 30th 1855 and Oct. 17th 1856 now therefore I do by
this writing which I do declare to be another codicil to my said last will and
testament and to be taken as part and parcel thereof now therefore I will and
bequeath to my son John Underwood one dollar to Sally Crimins, Susan Cate,
Nancy Underwood, Elizabeth
Page 41
Bryan my
daughters each one dollar to be paid to them by any executor hereafter
appointed by my will. I further state that my wife Polly is to have the
Collen tract of land as set forth in my will before mentioned in lieu of a
dower in my home tract of land by our mutual agreement heretofore and further
my wife is after my decease if the longest liver to have and to hold said land
and dispose of it as she may think proper, and in addition to said land my wife
is to have all my household furniture and to dispose of the same as she may
think best. I will further that my wife Polly have one cow & calf and
one Sow & Pigs of my own stock which are now or may be on the farm at my
decease. I give my black smith tools consisting of all that belongs to
said set to my son Thomas Underwood now on my home farm. I will that my
mill stones now on the farm of my son Joel be sold after my decease and that
the money be equally divided between my sons George Thomas James Joel and Henry
Underwood. If further give unto my son Thomases sons John James William
Ephriam, White, Samuel & Joel my home tract of land known as my residence
to have and to hold the same forever. It is my desire that this codicil
be annext to and made a part of my last will and testament as aforesaid to all
intents and purposes. In witness whereof I have hereunto set my hand and
seal. I wish my son Thomas Underwood to have my stock hogs, if there
should be more of my present crop than will necessarily do my family. I
wish my son Thomas to have it.
January 25th
1858
his
John X Underwood
Payne
McClary
mark
Arnold Covington
Page 42
Will of
Margaret Cunningham
I Margaret
Cunningham of the County of Sevier and State of Tennessee calling to mind that
it is appointed for all to die and being desirous to dispose of all the worldly
estate that it has pleased God to bless me with and being at this time of sound
mind and disposing memory, do make constitute make and appoint this to be my
last will and testament as follows, First I Resign my spirit to God who gave it
to me and my body to be buried in a Christian like manner. Item 1st.
It is my will that all my Just debts be paid and funeral expenses be paid out
of my estate by my executor in what ever manner he may think proper.
2d It is my will that my Friend and Connection William McTeer who has
been my faithful friend and connection in settling my dearest husbands Estate
after his death which was near seven years past and attending to my business
ever since and never has been allowed any thing by the law for his trouble and
has ever refused taking any thing from me during my life for his trouble shall
at my death be rewarded out of my estate to his satisfaction for all his
trouble. 3d It is my will that my two black girls Silva and Bela
shall decend to William McTeer Senior to be his property and that Wm. McTeer
shall take into possessin and be the owner of all my Estate of every
description that I may die posest of after my bequests and debts be
satisfied, and if the laws of our country should ever be changed or made so
that he can give the above named two black girls their freedom and them to stay
in the state of Tennessee that he will do so and
Page 43
also that if
such a circumstance should take place that he will provide for them as well as
he can all things taken into consideration.
Item 4th
It is my request that my friend William McTeer shall Execute this my last will
and I do revoke and disanull all other and former wills by me made.
Given under my hand and seal this 9th day of September 1855
her
Margaret X Cunningham (Seal)
mark
Signed sealed
and acknowledged to be the last will of Margaret Cunningham the Testator who
has signed the same in our presents and we witnessed the same by her request.
Josias Gamble
Thomas S.
Hardin
Will of
Thomas Talbot
I Thomas
Talbot of the County of Sevier and State of Tennessee being of sound mind but
much debilitated in body and being desirous to make a disposition of what
property both real and personal that I am possessed of also all affects which I
am temperly possessed of do this day make and ordain this to be my last will
and testament hereby revoking all other by me at any other time made.
First of all I want my funeral expenses to be paid together with all my just
debts if any. Secondly I wish my wife Sarah Tolbert to have the entire
use benefit and control of the lands which I am lawfully possessed of together
with all buildings both dwelling house barns &c with the free and entire
use and control of the timber on said lands
Page 44
also all the
farming tools and other utentials thereto belonging. I also want her to
have all the stock of every description not heretofore disposed of also all the
money on hands or that may be due me at any time with the exception of two
hundred and fifty dollars which money I wish to be put to interest during the
natural life of my wife Sarah Tolbert I also want a bay colt & Mule colt to
be sold next fall to the highest bidder for ready cash and the money put to
interest the same way as the above mentioned two hundred and fifty dollars with
the exceptions of what money I direct to be paid to the heirs as follows I wish
James H. Tolbert to have sixty dollars when he becomes of age and Thomas
Ephraim Tolbert to have sixty dollars when he becomes of age but in the event
my wife Sarah Tolbert should marry I wish the above be null and void from that
date and all the property both real and personal to be sold on twelve months
credit and the money to be equally divided between my wife Sarah Tolbert and
the following named heirs of my body Malinda An wife now wife of Jackson Cowan,
Mary Elizabeth now wife of Harrison Blair, Sarah Ellen now wife of H. Cowan,
Eliz. Jane Tolbert, Rachel Kisty now wife of Joel Underwood, Nathaniel Tolbert,
William Odel Tolbert, James H. Tolbert, Thomas Ephraim Tolbert and Catharine
Tolbert, but in the event my wife Sarah Tolbert never marries I wish the above
named lands property money &c to be disposed of as above directed at her
death that is to be
Page 45
sold as above
directed and equally divided between all the above named heirs together with
the money above named. lastly I appoint M. H. Cowan my Executor as
witness my hand and seal this 3rd day of January 1854
Attest
Thomas Tolbert (Seal)
Ephraim
Johnson
Thomas Henry
Wm. M. Bryan
I J. P. H.
Clark clerk of the county court of Sevier County do hereby certify that the
foregoing is a true copy of the original will as on record in my office.
Given under my hand at office in Sevierville this 10th of April
1854.
J. P. H. Clark Clk.
The foregoing
is a true copy of a certified copy of the last will and testament of Thomas
Talbot decd. which is recorded by order of the county court the original will
and the record book containing the copy of the same having been destroyed by
the burning of the county court clerks office this 14th June 1858
B. M. Chandler Clk.
Will of Henry
Butler
In the name
of God amen. I Henry Butler of the County of Sevier and State of
Tennessee being of a sound mind an disposing memory and calling to mind the
uncertainty of live and the certainty of Death I do ordain this my last will
and testament. I give and bequeath to my Daughter Sarah Butler one half
of the land on the side of the creek where the house stands with the orchard
and one young mare to dispose of as she pleases after my Decease I give and bequeath
Page 46
my daughter
Anna Butler the other half that part that runs with Whites line and one horse
colt to dispose of as she pleases after my decease. 3rd
I give and bequeath to my daughter Jemima Marshall all the land that I possess
lining on the west side of the creek with one young horse to dispose of as she
pleases after my decease my horned cotten sheep hogs loom and and all the crops
that may be of all kinds with all the household an kitchen furniture with all
plantation utentials what I have done has been my intention for seven years
past that if the the above mentioned children was the longest liver, and was
with me at my Decease my will was as above written
Witness my
hand & seal
written with
my own hand
Henry Butler (Seal)
this the
cattle sheep hogs household & kitchen furniture and other articles, equally
between the above mentioned sisters this 2nd day of June 1847.
Test
Henry Butler
George McCown
My negro Ginn
I leave her free to live where she pleases as witness my hand and seal this 2nd
day at my decease of June 1847
Henry Butler
The above
written with my own hand
Test
Geo McCown
Proven in
open court this 6th July 1858 and ordered to be recorded.
B. M. Chandler Clk.
Page 47
Margaret
Nichols Will
I Margaret
Nichols do make and constitute this my last will and testament.
First it is
my will that my daughter Clarissa Duggan have one half of my town lot which is
lying in Sevierville south of Main Street & west of Cross Street where I
formerly lived to have the use and benefit of during her natural life and at
her death to decend to her children. It is my will that my daughter Sally
Nichols have the other half of the above named town lot during her natural life
and at her death to decend to her children. It is my will that the
division line of said town lot between my two said daughters shall be as
follows beginning on a Plum tree on the street between the two houses and running
directly through the lot to a plum tree below the stable at the fence and that
my daughter Clarissa Duggan have the East side and my daughter Sally the west
side.
It is my will
that the debts owing to me by W F Nichols & B M Chandler be equally divided
between my two daughters Sally Nichols & Clarissa Duggan after all my just
debts are paid out of the proceeds of said debt. It is my will that the
debt owing to me by John McMahan or the proceeds of said debt be equally
divided between all my children to wit Elijah Nichols, P. B. Nichols, Sally
Nichols & Clarissa Duggan and if it should appear that my son Elijah
Nichols is dead or should not appear within five years from my death to receive
his share of said debt then in that event I will that the share intended for
him shall go to my other two sons W. F. Nichols & P. B. Nichols. I
will and bequeath the
Page 48
following
property to wit my cow & calf Cooking stove & utentials side saddle
clock one bead bead stead & furniture to my daughter Sally Nichols. I
will and bequeath to my daughter Clarissa Duggan the following property to wit
one bead bead stead & furniture my Bureau wash Bowl & pitcher and
cooking glass, it is my will that my son P. B. Nichols have the use and benefit
of during his natural life my Entry of land of about eleven acres lying on the
West fork of little pigeon river adjoining the lands of the heirs of Wm.
Henderson decd. and Elijah Brown and at his death it is my will that said land
decend to his children. It is my will that the remaining portion of my
bead clothing & property be divided out between my four children to wit
Sally Nichols, Clarissa Duggan, P. B. Nichols and W. F. Nichols. It is my
will that my son W. F. Nichols be my Executor to carry out this my last will
and testament. Witness my hand and seal this 20th day of April
1859.
her
Margaret X Nichols (Seal)
mark
Witness
M. W. McCown
B. M.
Chandler
Page 49
William
Felcker Will
In the name
of God amen. I William Felker 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 direct that my body be decently buried and that all my just
debts be paid as soon after my decease as possible out of any moneys that I may
die possessed of or that may first come into the hands of my Executor.
Secondly I will and bequeath to my beloved wife Mary Felker the use and
possession of my land or lands during her natural life time or widowhood.
Thirdly I give to my said wife all my personal property except what may be
sufficient to pay all my just debts. 4th I will that the
little boy that I have got here by the name of John Baker or Lethco if he
should stay until he is twenty one years old with my wife or family and be a
good boy he should have a horse worth sixty dollars and bridle and saddle and
two suits of good common clothing and schooling a long as the schools may go
on. 5th My wish is after the death or marriage of my
wife that my land with my personal property that may be on hand to be Equally
divided between my children John Felker & Peter Mary & James &
Shannon & Lisabeth & William & Sally & Marthy &
Nancy. 6th I lastly do nominate and appoint Channon
Felker my Executor of this my last will and testament. Given under my
hand and seal this 23rd day of May 1859.
Signed sealed &
published
his
William X Felker (Seal)
in presents & we have
subscribed
mark
our names
hereto in the presents
of the
Testator this 23rd day of May 1859
Mc Murphy
C Cary
Probated 4
July 1884.
Record page
462.
Page 50
Wesley
Bodines Will
In the name
of God Amen.
I Wesley
Bodine of the County of Sevier and State of Tennessee being weak in body but of
sound mind blessed be God and knowing it is appointed once for men to die do
this twenty seventh day of May in the year of our Lord one thousand eight
hundred and fifty eight make this my last will and testament and for which I do
ordain and appoint and bequeath my beloved wife Mary Bodine all my land and
goods and chattels to have and to hold during her widowhood or natural life the
aforesaid land I want equally divided between my two beloved children William
Olliver and Wesley when they are twenty one years of age. I want my mare
and colt sold to pay all my just debts
as witness
hereunto set my hand and seal date above named
his
Wesley X Bodine
mark
Written in
our presence
H. S. Blair
his
Samuel Blair
mark
Page 51
Will of
Glasgo Snoddy
In the name
of God amen.
I Glasgo
Snoddy of Sevier County and State of Tennessee being of sound memory but in
feeble health but committing to mind the mortality of my body knowing that it
is appointed to all men to die do make and publish this my last will and
testament hereby making void and revoking all former wills made by me at any
time.
1st
of all I recommend my soul to the hands of Almighty God that gave it and my
body to the dust from whence it was taken to be buried in Christian decency at
the discretion of my executors not doubting but it will be raised again at the
general resurrection and as to such property as it has pleased God to
entrust me with it is my will that it be disposed of in the following way and
manner that is to say that it is my will that all my just debts be paid and
that my funeral expenses be paid out any money that may first come into the hands
of my Executors from any part of my estate. Second I give and bequeath to
my beloved wife Margaret Snoddy all of my personal property of every
description including household and kitchen furniture of every description
stock of every kind except one Black yearling horse colt and all of the stock
of provisions that may be on hand at my death of every kind and it is my will
and I bequeath to her by wife Margaret Snoddy three hundred dollars in money to
be paid to her by my Executors so soon as it comes into their hands from any
part of my
Page 52
Estate and if
the money is not paid over to her Margaret in a short time after my death then
she is to have the interest on the three hundred dollars from the time my
executors qualifies and it is my will that she the said Margaret Snoddy has the
full and entire control of the aforesaid bequeaths and have a right to dispose
of the same at her will and pleasure at her death or any other time and I
further will and bequeath to my beloved wife Margaret Snoddy all of my real
Estate that I may die seized and possessed of during her natural life to have
the full and entire control of the same during her natural life and at the
death of her the Margaret Snoddy I dispose of my real Estate as follows I will
and bequeath to my beloved Niece Mary A. Pitner a portion of my land described
as follows beginning on a pine a corner between myself and A. H. Pitner thence
running near a north direction to a stake four rods below a wild cherry tree
near a bridge and crossing place on a cully below the corner of my orchard
thence a direct line an East direction to a forked pine the corner between
myself and George Wade thence with Wades line a north direction to Roses line
thence with my line round to the main road and A. H. Pitners corner and thence
with Pitners line to the Beginning and it is my will that the aforesaid Mary A.
Pitner is after the death of my said wife Margaret Snoddy to have the full and
entire control of the portion of my land set forth
Page 53
in the
aforesaid boundary during her natural life at her death the land here mentioned
to go to the heirs of her body and in addition to the aforesaid bequeath I will
and give to her the said Mary A. Pitner my Black yearling horse colt and at the
death of my wife Margaret Snoddy then I direct my Executors to pay over to the
aforesaid Mary A. Pitner one hundred dollars in money out of my estate and as
to the balance of my real Estate I dispose of it as follows at the death of my
said wife Margaret Snoddy I will and bequeath to Daniel R. Pitner a child of
Mary A. Pitner all of the Balance of my real estate commencing on the pine A.
H. Pitners corner and thence running with the line heretofore mentioned making
the division between him Daniel R. and Mary A. Pitner Including my mansion
house and Barn and cribs to the forked pine Wades corner thence with my line
and Wades and others to A. H. Pitners line then with it to the beginning I
further will and bequeath that my Executors collect all of my debts which is
supposed to be between Seven and Eight hundred dollars and after paying to my
wife Margaret the three hundred dollars heretofore bequeathed in this will I
direct that they loan out all of the rest of the money they collect after
paying the necessary expenses and to pay over the interest to my said wife
Margaret after keeping in their hands so much as will be sufficient to pay for
settlements & clerks fees and other expenses so as not to lesson the
original amount put at Interest under four hundred
Page 54
dollars
during her life time and at her death that is the death of my said wife
Margaret Snoddy I will and bequeath that one hundred dollars of the money at
interest to Glasgo Gillespie a nephew of mine a son of Alex Gillespie and I
direct my executors to pay over the same to him I also will and bequeath to
William Glasgo Creswell a son of Andrew Creswell one hundred dollars of the
money at the death of my wife Margaret of the money that is kept at interest
and I direct my executors to pay over the same to him at that time. I
also will and bequeath to Thomas Clark a young man that is living with me fifty
dollars at the death of my said wife Margaret and I also will and bequeath to
Rufus M. Creswell Crgt. fifty dollars at the death of my said wife Margaret and
I further will and bequeath that after paying off all the bequests if there
should be sufficient funds left I wish my Executors to procure a decent set of
Toom stones to my grave and the grave of my wife. I do hereby make ordain
and appoint my friends Rufus M. Creswell and James M. Sharp executors of this
my last will and Testament in witness whereof I Glasgo Snoddy the said testator
have to this my will written and attached as aforesaid set my hand and seal
this Eighteenth day of June in the year of our Lord one thousand eight hundred
and fifty nine.
his
Glasgo X Snoddy (Seal)
mark
Page 55
Signed sealed
and published in the presents of us who have subscribed in the presents of the
testator and of each other
George Wade
James Malcome
S. W. Randles
Will of John
Breeden
State of
Tennessee Sevier County)
December the
9th 1857 The last will and testament of John Breeden as
follows Andrew Breeden my youngest son one gray horse which he now has in
possession and his saddle bridle and a rifle gun which he now has in
possession. Mary Breeden my youngest daughter to have one good cow and
calf sow and pigs one good bed and bead clothing and her other good clothing in
proportion with the rest of the girls when she becomes of age. Nansa
Breeden my wife to have the use of all the land that I am now in possession of
till her death and all stock of all kinds and all the grain of all kinds and
all the tools and gearing of all kinds and all the house hold furniture and all
other properties that I am in possession of with the exception of the property
above named to Andrew Breeden and Mary Breeden. Nansa Breeden my wife to
pay all my just debts and to collect all debts coming to me and have the use of
them and also at the death of Nansa Breeden my wife the land and all other
properties left behind to be sold and equally divided between all my lawful
heirs Andrew Breeden and Mary Breeden to have a proportionible part with
the balance.
Test
his
John X Breeden (Seal)
Lewis Breeden
(Seal)
mark
Bryant Breeden (Seal)
Page 56
Will of
William Henderson
I William
Henderson of Sevier County State of Tennessee being of sound mind and memory
have thought proper for reasons satisfactory to me although in usual health
this day to make and declare this my last will and testament in manner
following that is to say
First
My will and desire is that after my death all my jsut debts that may be then
owing be paid and likewise my funeral expenses
Second
I give and bequeath to my beloved wife Mary Henderson one half of the
plantation on which I now live together with the dwelling house and out
buildings and timbered land of my adjacent Entrys sufficient to support her
said half of said plantation during her natural life all of which as above
named I wish my said wife to have and enjoy during her natural life. I
also give and bequeath to my said wife Mary Henderson my two Negros Frank and
Sarah during her natural life. I also give and bequeath to my said wife all
my house and kitchen furniture one horse such as she may chose from my stock of
horses two plows and sufficient amount of my farming utentials as she may
select and necessary for her also two Cows & calves and Twelve head of
choice hogs which property for her to have and enjoy during her natural life
together with my mills.
Page 57
Thirdly
I give and bequeath to my son Elijah Henderson the other half of the plantation
on which I now live being the west end or half upon which he now lives running
with the direction of a cross fence now running from the river across the
bottom towards the meeting house. I also give and bequeath to my said son
Elijah Henderson two Entrys of land lying on the waters of the Yellow Spring
branch together with all the interest I have in and to two other Entrys of land
lying on the waters of said branch.
My will and
desire is that after the death of my wife Mary Henderson that my said son
Elijah Henderson have the other half of the plantation on which I now live
(being the half before devised to my said wife) including my mills provided he
pays within four years after the death of my said wife Twelve hundred dollars
to be divided and paid in equal proportions between George M. Henderson
Randal Henderson Andrew Henderson John K. Henderson
Elizabeth Henderson Martha Swann Mary Smith and Nancy McMahan all
of which land I will and bequeath to my said son Elijah to have the use and
benefit of during his natural life and at his death it is my will that said
lands be equally divided between William Henderson Robert Henderson
Samuel Henderson & James Henderson sons of the said Elijah Henderson
Fourthly
I will and bequeath unto my
Page 58
Daughter
Martha Swann my Negro girl Ann.
Fifthly
I will and bequeath to my Daughter Mary Smith my Negro girl Matilda
Sixthly
I will and bequeath to my Daughter Elizabeth Henderson my Negro girl Julia.
Seventh
I will and bequeath to my Daughter Nancy McMahan my Negro girl Hannah.
Eighth
I will and bequeath to my son Andrew Henderson my Negro boy Peter.
Ninth I
will and bequeath to my son Randal Henderson my Negro boy Add.
Tenth
It is my will and desire that after the death of my wife Mary Henderson that my
son George M. Henderson have my Negro boy Frank and my son Elijah Henderson
have my negro girl Sarah
Eleventh
I will and bequeath to my Grand son William Henderson son of Randal Henderson
my Negro child named Alexander
Twelfth I
Will and bequeath to my Grand children James Yett, William Yett & Mary Yett
each one hundred dollars out the proceeds of my estate
Thirteenth
I will and bequeath to my Grand children Margaret Jane Pickle & William
Pickle children of my daughter Dicy each one hundred dollars out of my estate.
Fourteenth
I will and bequeath to my son Elijah Henderson my twenty
Page 59
five acre
Entry including the river & a small Island
Fifteenth
I will and bequeath to my sons Andrew Henderson & Randal Henderson my four
Entrys of land on the waters of Mill Creek containing together about three
hundred & fifteen acres each a joint interest in said land
Sixteenth
I have heretofore advanced to my son John R. Henderson five hundred and
Eighteen dollars which together with other advances I have heretofore made to
him I consider that what I have willed to him in item third of this will
and what I have heretofore advanced to him will make his full share of my
Estate
Seventeenth
It is my will that what property is on hand at my death not heretofore devised
such as stock black smith tools farming utentials &c be equally divided
between my four sons to wit Geo. M. Henderson Randal Henderson
Andrew Henderson & Elijah Henderson.
Eighteenth
It is my will that what household and kitchen furniture may be on hand at the
death of my wife be equally divided between my four Daughters to
wit Elizabeth Henderson Martha Swann Mary Smith &
Nancy McMahan
Nineteenth
It is my will and desire that the bequests made to James Yett William
Yett Mary Yett Margaret Jane Pickle & William Pickle together
with what debts I may be owing & funeral expenses be paid out of what money
may be on hand and debts due and owing to me and what ever balance there may be
of money on hands and debts due me I wish equally divided between
Page 60
my children
to wit Geo. M. Henderson Randle Henderson Andrew Henderson
Elijah Henderson John R. Henderson Elizabeth Henderson Martha
Swann Mary Smith & Nancy McMahan
Twentieth
and lastly I hereby make and appoint my sons George M. Henderson & Elijah
Henderson Executors of this my last will and testament. I hereby revoke
and make void all former wills by me heretofore made.
In witness
whereof I the said William Henderson have to this my last will and testament
set my hand & seal this 15th day of March 1859.
William Henderson (Seal)
Signed sealed
and acknowledged in presence of us this 13th March 1860
Basdill
Scruggs
M. W. McCown
Page 61
Will of
Elizabeth Henderson
I Elizabeth
Henderson do make and publish this my last and testament revoking all former
wills by me heretofore made
Item 1st.
In consequence of the long and kind attention given to me during my long
afflictions by my mother Mary Henderson I give and bequeath unto her my Negro
Julia together with any increase she may have to have and possess during her
natural life together with all other property I may have at my death. I
also bequeath to my said mother Mary Henderson all the money I may have on hand
at my death together with all that may be owing or coming to me from the Estate
of my Father or from any other person or persons
Item 2nd.
It is my will that at the death of my mother all of my said property shall
depend to and be equally divided between my three sisters to wit Martha Swann,
Mary Smith & Nancy McMahan.
Item 3rd.
It is my will that at my mother give to Margaret Jane Pickle two of my quilts
& four of my dresses.
I appoint
James McMahan Executor of this my last will and testament
Witness my
hand and seal this 28th day of July 1860
Attest
her
Elizabeth X Henderson
M. W.
McCown
mark
Elizabeth Montgomery
Page 62
Will of Anderson
Williams
I Anderson
Williams do make and publish this my last will and testament hereby revoking
all others making void all other wills by me at any time made
First
I direct that 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 will and bequeath to my wife Mary Williams my old mare and youngest colt, my
two milk cows & calves and what beds and bed clothing & that she may
claim about the house and my lower farm that I purchased from James Williams
during the time she remains a widow and at her death or marriage sd. land shall
belong to my three youngest children to wit Samuel P. Williams and Martha
Williams and George Williams.
Thirdly
I direct that my Executors sell the balance of my lands and after selling what
land and property is left and paying all my debts, that my two children be paid
fifty dollars each out of the balance of the proceeds of said land to wit Isaac
Williams and Catharine Hurst wife of James Hurst and that William Williams be
paid seventy five dollars out of the proceeds of sd. land.
Fourthly
I will and bequeath
Page 63
to my wife
Mary Williams and my three youngest children Samuel P. Williams & Martha
Williams & George Williams all the hogs & pork that I have and two
hundred bushels of corn and what farming tools that I have and Ten head of
sheep and my son all yoke of oxen and wagon
Fifthly
I will and bequeath fifty dollars to my wife Mary Williams for the purpose of
repairing the mill on the Jas. Williams farm
Sixthly
I will and bequeath to my wife Mary Williams and my two youngest sons Samuel P.
Williams and George Williams the balance of the proceeds of the land that is to
be sold
Lastly
I do hereby nominate and appoint R. H. Hodsden and D. B. McMahan for my
Executors in witness whereof I do to this my will set my hand and seal this
January 14th 1861.
his
Anderson X Williams (Seal)
mark
Signed Sealed
and published in our presents and we have subscribed our names hereto in the
presents of the Testator this January 14th 1861
Perry Large
Sanders McMahan
Page 64
Will of Hugh
Cowan
Boyds Creek
I Hugh Cowan
of the County of Sevier and State of Tennessee being of sound mind and
disposing memory do make and publish this my last will and testament.
1st
My will and desire is that after my death that that all my debts debts and
funeral expenses be paid out of my estate.
2nd
I give and bequeath to my son W. H. Cowan the north eastern division of my farm
on the waters of Boyds Creek Sevier County and State of Tenn. the division line
described as follows (to wit) Beginning at a Stake at the mouth of the
branch then running up the branch N 32 W 29 poles to a forked walnut N 30 W 38
poles to a stake running through the barn south 36 West 8 poles to a stake N.
43 W. 94 1/2 poles to a stake N 36 E 146 poles to a stake & pointer S 66
3/4 E 60 1/2 poles to a stake S 11 W 62 poles to a stake with Ellis S. 25 E.
116 poles to a stake S 65 W. 2 poles to stake near the Road S. 23 E. 20 poles
to stake with Brabson S. 9 E. 28 poles to stake with the same S. 1 E. 25 poles
to mulberry at the Creek the up the Creek 80 poles to the beginning containing
by Estimation one hundred and forty acres more or less to have & to hold
the same his heirs and assigns forever and further I give and bequeath to the
same one half of the interest in my wagon & gearing wind mill and log chain
& harrow jointly with my
Page 65
son Jas. M.
Cowan for the use of the farm and also my old wash kettle individually for
himself.
3rd
I give and bequeath to my son James M. Cowan the north western division of my
land on the waters of Boyds Creek Sevier County and State of Tennessee and the
division line described as follows (to wit) 1st beginning at
the mouth of the branch then running the line of Eastern division N. 32 W 29
poles to a forked walnut N 30 W 38 poles to a stake running through the farm S
36 W 8 poles to a stake N 43 W 94 1/2 poles to a stake N 36 E 146 to a stake
& pointer N 66 3/4 W 114 1/2 poles to a stake S 36 1/4 W 168 poles to a
stake in the Road South 43 1/2 E 157 1/2 poles to a stake with Chandler then
down Boyds Creek to the beginning containing by estimation one hundred and
fifty eight acres more or less which division he is to have and to hold the
same his heirs and assigns forever and further I give and bequeath to the same
the one half interest of my wagon and gearing wind mill log chain and harrow
jointly with my son W. H. Cowan for the use of the farm and I further give to
my son J. M. Cowan all the kitchen furniture books and other household
furniture that is now in my possession the mechanical tools I allow them to go
jointly between my two sons and also my flax hackle to have and hold the same
&c
It is further
my wish and desire that the lands divided between my two sons James M. & W.
H. Cowan be the same line that was first run out in a late survey made by
Daniel Kerr and marked accordingly
Page 66
4th
I give and bequeath to my son Andrew J. Cowan fifty dollars cash paid by
Executors
5th
I give and bequeath to my son D. M. Cowan if living and demanded fifty dollars
to be paid by me Executors equally out of the Estate which I have already
bequeathed to them.
6th
I give and bequeath to my son A. P. Cowan fifty dollars in money or fifty acres
of land discretionary with my Executors to pay him the fifty dollars in money
or to give him my Knob tract of land containing fifty acres joining the lands
of John Chandler and the heirs of John Brabson decd. and also my wash kettle
7th
I give and bequeath to my son Hugh G. Cowan fifty dollars in cash
8th
It is further my will and desire that if there is any personal effects in my
hands that has not been disposed of in this my last will or may come in to my
possession that after my death my Executors make sale of sd. effects and divide
the proceeds among my lawful heirs
10th
I hereby appoint my two sons William H. and James M. Cowan my lawful Executors
of this my last will and testament this the 5th October in the year
of our Lord one thousand Eight hundred and fifty Eight
Signed sealed
& delivered in
the
Hugh Cowan (Seal)
presence of
witnesses present
John Chandler
C. D.
Anderson
Page 67
State of
Tennessee )
Sevier
County
) I Hugh Cowan of
sd. County do make and publish this as a codicil to my will heretofore made and
published on the 5th day of Oct. 1858.
1st
The property mentioned in the first clause of sd. will to wit the wagon the
harrow and gearing and log chain and wind mill. It is my will that my two
sons William H. Cowan and James M. Cowan shall have joint use of sd. property
and bear the Expense equally of keeping it in repair so long as they both
continue to live on sd. farm but if Either of my sons should sell out and leave
sd. farm then the one remaining is to have sd. property for his own use.
2nd
It is my will that the barn and lot mentioned in my will in the 2nd
and 5th clause of sd. will shall be used and held jointly between my
two sons Wm. H. Cowan and James Marion Cowan and the Expense of keeping it in
repairs shall be born equally so long as they both continue to live on sd. farm
but if either of them shall sell out and leave the farm the one remaining on
sd. farm is to have sd. barn and lot to his entire use
3rd
It is my will that my two sons Wm. H. Cowan and J. M. Cowan shall have my fifty
acre tract of land joining Brabson and Chandlers by paying A. P. Cowan the
fifty dollars as provided in clause 6th of sd. will.
4th
It is my will that the line dividing my farm between Wm. H. Cowan and J. M.
Cowan shall be run according to the courses laid down in the 2nd
Page 68
and 3rd
clauses of sd. will Except the line of 8 poles S 36 West. It is my will
this line be kept out and the line N. 43 West started at the end of the line
that runs through the barn this change will give my son J. M. Cowan a few acres
more land.
In testimony
whereof I hereunto set my hand and seal this 17th day of Sept. 1860
Attest
Hugh Cowan (Seal)
Saml. Pickens
Collen Warren
We William
Thomas and William P. Keener, do state, that the noncupative will of James
Cowden, was made by him on 2nd day of May 1861 in our presence to
which we were specially Required to bear witness, by the Testator himself in
the Presents of each other, that it was made in his last sickness at the house
of William P. Keener where said Testator was lying sick, and where he died by
occasion of a severe injury or hurt he suddenly received on the same day, by
which injury he was supplied and died from his own home. And the same is
follows to wit It was his will and desire that his effects and estate,
should be deposed of after his decease in the following manner.
First, he
said that it was his will, wish and desire that his son John Cowden should have
the Plantation on which the said John then lived.
Secondly, he
said it was his will that his son James Cowden, should
Page 69
have his (The
Testators) home place, or Plantation.
Thirdly he
said that it was his will and desire that all his personal property should be
equally divided between all his daughters, he also said he had some
money. That same money was owing to him, and that he owed some debts,
that he wanted all his debts paid, and there what money was left, he wanted to
be equally divided between his daughters.
Fourthly and
lastly, he then said to us that he knew he must die soon from his hurts, and
injuries and that he wished and desired us to see to it that his property and
effects was and should be deposed of as before stated.
Made out by
us and signed this 6th day of May 1861.
William Thomas
William P. Keener
Will of
Joseph C. E. Pattison
To all whom
it may concern, know ye that I Joseph C. E. Pattison of the State of Tennessee,
and of Sevier County, being frail of body, but of sound mind do make this my
last will and Testament as follows to wit
First, that
my body be decently buried, in a plane manner and at moderate expenses, and
that all my just debts be paid out of my estate as soon as possible.
Secondly, I
give and bequeath unto my father Nathan Pattison one horse creature out of my
stock of horses, be having the privilege of taking choice out of said stock of
horses, and that my father and mother
Page 70
have one
years provision of both food and payment, out of my estate from and after the
first day of December next - my father to have the privilege of determining how
much will be necessary for said purpose, and it is also my will that all my
property, and effects Remain on this place as they now are, in the care of my
father and under his management I having confidence in him for that purpose -
until the crop is finished and taken care of - but if my father is of opinion -
that any portion of property should be sold before the crop is taken care of -
my executor is hereby Required to sell such property - according to the
Provisions hereinafter laid down - and that the family be supported until the
first day of December next - and that my father be hereby authorized to implay
assistance to finish and pay for such labour out of any produce or other
article that may be on the place.
Thirdly, it
is my will that my Books be put into the hands of my father by my Executor as
soon as they come legally into his hands - and to be held in trust by my father
for the Express purpose of being divided equally between my brother John I. A.
Pattison, and my two sisters Margaret Amanda Brown and Rebeckah Adeline Goforth
said division to take place after the death of my father If the said books
should be kept in Tennessee - and any of the beneficiaries should not be living
or should Reside in some other Country - the books may
Page 71
be taken
possession of by those living in Tennessee and notice Given to those living at
a distance - but if the books should be taken to the State of Iowa and my
brother John should wish to keep the books - he by this will can do so - by
paying the other parties their portion of the true value of the books - of
which fact he shall five notice - The notice named in this part of this will
shall be complied with by putting a letter in the post office directed to the
party to be notified said letter to be submitted to the inspection of the post
master - and his certificate taken stating that fact - any of the parties so notified,
and not applying within two years their claim shall be null and void - the main
object being to keep the books in the family.
Fourth, it is
my will that all my property except that part above disposed of - shall be sold
at public auction - on the following terms viz The Hogs suitable for fatning
sold on a credit of three months - all other property to be sold on a credit of
twelve months by the purchaser in all cases giving bond and approved security
but if my father in conjunction with my executor should think it best the hogs
or any portion of them may be sold at any time by agreement either for payment
at the time of sale or on a credit of three months - Reserving hogs enough
together with a cow beast suitable for a beef and corn and oats sufficient for
fatning the same for the use of the family as above provided.
Fifth it is
my will that
Page 72
all the money
that is or may be due me and also all the money that may be due my estate from
the sale of property or otherwise to be collected by my Executor as soon as the
nature of the lease will permit - and paid over into the hands of a trustee
whom I shall appoint in this will - whose duty it shall be to manage and
dispose of said money as herein after directed. The executor shall have
ever pay over to my father from time to time so much money as will be necessary
for his and mothers maintenance for the next two years from and after the first
of December next
Sixth it is
my will that the Trustee above spoken of shall upon Receiving the above named
money keep it at Interest as far as practicable - and manage it first for the
benefit of my father, and mother - or so much thereof as they may need for
their maintenance during their natural life time - it is also my will that one
half of my estate be (provided my father may think it best) laid out or paid
over for a small tract of land and some little improvements if none on the land
so purchased, for a home stead for my father & mother - Said purchase may
be made either in this country on in the State of Iowa - and the other half or
so much thereof as may be necessary according to the principles of economy from
year to year shall be paid over to my father and mother - or for their use so
long as they may need the same - and it is further my will that if my father
should wish to move
Page 73
to the State
of Iowa or elsewhere that the money in the hands of the Trustee may be Removed
to that Country on the following conditions viz - that whenever my father shall
make known to the Trustee with satisfactory evidence that he has either by
himself or his agent has caused to be appointed in that state or country by the
proper authorities and in accordance with the laws thereof a Trustee for the
purpose of Receiving from the trustee in Tennessee the funds in his hands - the
said Trustee shall transmit to the Trustee in Iowa or elsewhere what ever if my
estate may be in his hands - by any person in whom he has confidence to believe
that he will perform the truest faithfully - but said Trustee shall not put
said fund or effects into the hands of any person without the approtation of my
father - The duties of the trustee in Iowa or else where shall be the same - as
the duties of the Trustee appointed by my will.
Seventh it is
my will that whatever of my estate may be kept at the death of my parents
unexpended shall be equally divided between my brother John and my two sisters
Amanda and Adeline after the death of my father and mother
Eighth it is
my will that if the time and manner of the sale of the property from circumstances
unavoidable in their nature should not take place - that it shall not vitiate
this will nor interfere with its processions.
Ninth I
hereby appoint my friend Thomas Douglass of Sevier County my Executor and I
also appoint my uncle Jonathan Nelson Newman of Jefferson County the Trustee to
this will with an injunction on each that they
Page 74
Respectfully
carry out its provisions and lastly I will that my father have horse feed
sufficient for feeding one horse and also feed for one cow - for one year from
and after the first day of December next - This 30th day of June
1861
J. C. E. Pattison (Seal)
Signed and
sealed the day and year above written in presence of
E. M.
Douglass &
S. N.
Douglass
We certify
that we conversed with the above Testator & found him to be of sound mind
and fully capable of making his will
E. M. Douglass &
S. N. Douglass
Thomas Ogle's
Will
Written will
of Thomas Ogle of the State of Tennessee and county of Sevier
I Thomas Ogle
do publish this my last will & Testament hereby Revoking and making void
all other wills made by me at any time -
1st
I direct that my Funeral expences be paid, and all my debts be paid after my
death, as soon as posible out of any money I may have on hand or the first that
comes to hand - Second, I give and bequeath all the Land on the south west side
of Bearskin Creek, in other words, all the Land on the Right hand side of said
creek when going up the creek - That I am lawfully seized & possessed of,
or that I lawfully own, to my son - Thomas
Page 75
Ogle. 3rd
I Give and bequeath the Remainder of my Land including all on both sides of the
River to the other three of my Sons, to wit, Preston Levi and Caleb, to be
equally divided between the three above named boys - I also order that it be so
divided that Levis part, include the building where he now lives - and that
Calebs part include the Building where I live -
I also direct
that in case the three above named sons cannot agree in the division of said
Land, that they Elect three unconnected disinterested Men to divide said Land -
also in case any one or more of them should Refuse to Elect men as above
mentioned that any one or more of them may make such Election - and all be
bound thereby as much so as if they had went into such Election of Men.
4th
I direct that all my personal Property be equally divided between all of my
living children at my decease
Lastly I do
nominate Wm Ogle my Eldest son my Executor in Witness whereof I do to this my
will set my hand and seal this the 27th day of September 1861.
his
Thomas X Ogle
mark
Signed sealed
and published in our presents and we have subscribed our names hereunto in the
presents of the Testator this the 27th day of September 1861.
Aaron Ownby
Bradford Ogle
Page 76
Samuel
Cusicks Will
I Samuel
Cusick of the County of Sevier and State of Tennessee, being of sound mind and
disposing, do make and publish this my last will and Testament.
1st.
I desire that my body shall be decently buried by the side of the grave of my
beloved wife, and that my Funeral expenses, and any other debts I may owe at
the time of my death be paid by son Andrew Cusick.
2nd.
I give and bequeath to my beloved son John Cusick of the Lands I know own, the
following part (to wit) Beginning on the north line of Grant No. 13830
at a stake and pointers and running as marked to the top of the Ridge that
devides the waters of the Marshy Branch and Knobb Creek and with the top of
said Ridge to the public Road, South to a Pine marked as a corner, thence a
North East course as marked, to a stake near the Branch North of where I know
live thence down the Branch to Knob Creek to the mouth of the Ditch, on the
East Side of the Creek where a cross fence now stands, and with said Ditch and
cross fence East to the outside fence then near an east course as marked to a
stake and pointers on the East line of Grant No. 17422 thence north with
the line said Grant Including all that part of Grants No. 13830
Page 77
and 17422,
and 8960 lying north of the line herein set forth and described, also one Tract
of thirty nine acres Granted to me by Grant No. 20853
3rd
I give and bequeath to my beloved son Andrew Cusick that portion of my Lands
Included in my Grants No. 13830 17422 and Grant 8960 Lying
south of the line heretofore described in laying off the divise to my son John
Cusick, also the lands included in my Grants No. 22772 contain seventy
five acres also Grant 24500 containing thirty, on the following terms,
and conditions that is that my beloved Daughter Margaret Cusick shall have a
home and a decent support out of said lands during her single life
4th
I give to my son Andrew my bay mare called Penny subject to the use of my
Daughter Margaret when necessary.
5th
I give and bequeath to my Daughter Margaret Cusick the Bureau and such portion
of the household and furniture as she know claims also my bed and furniture
I desire that
any other house hold and kitchen furniture that I may be possessed of at the
time of my death, may be equally divided between my beloved Daughters Sally
McCroskey and Rebecca Johnson and Polly Davis
Signed in our
presence this 9th day of May 1859
Samuel
Pickens
Samuel Cusick
Joseph Tipton
Page 78
Andrew
Conatzers Will
I Andrew
Conatzer knowing the uncertainty of life, and the certainty of Death, do make
and ordain this my last will and Testament hereby revoking and making void all
former wills by me at any time heretofore made by me.
First
It it is my will that my four sons Daniel, Amasa, Andrew and Reuben have my
farm where I now live in the 4th District of Sevier containing three
Hundred and Ninety two acres.
Second
It is my will, that my wife Maryann, shall be allowed a home during her life,
where I now live, and that she shall have what money I may have on hand at my
death for her use and support during her life. It is my desire that she
have a support off of the above named farm during the remainder of her life.
Third
It is my will and desire that Immediately after my death that all my personal
property be sold by my Executor, on a credit of twelve months, requiring
security for the same, and when collected I will that said money be equally divided
between my four sons and five daughters (to wit) Daniel, Amasa, Andrew Ruben
Polly Hurst, Sarah Long, Catharine Thomas Emma Romines and Martha Webb.
Page 79
Fourth It is also my will that my
four sons shall pay to my five Daughters Polly Hurst Sarah Long Catharine
Thomas Emma Romines and Martha Webb each one Hundred Dollars, to make
them equal and in consideration of their getting the land
Fifth
I is my desire will that my wife Mary Ann shall have the use and benifit
of all my household and kitchen funiture bedding and clothing during her life,
and at her death to equally divided between all my living children
Sixth Should
either of my said sons die before I do, then it is my will, that the remaining
ones shall have the land they paying as before stated the sum of one hundred
Dollars to each of my living dughters.
Seventh
It is my will that my son Daniel Conatzer act as my Executor.
Eight It is my
will that my executor Daniel Conatzer take charge of Three hundred Dollars of
the money that may be on hand at my death, and that he shall it ready as her
need may call for. If the money is not all used he Daniel Conatzer shall
Gather all the money and divide it equally among my living children
In witness whereof, I do this my will, set my hand and seal, this 4th
day of November 1862.
Andrew Conatzer (Seal)
Signed Sealed
and published in our presence and we have subscribed our names hereto in the
presence of the Testator this 4th of Nov. 1862.
Nelson Fox
Absolum R. Allen
Page 80
William
Breedens Will
I William
Breeden being of sound and perfect mind and memory, do make and publish this my
last last will & Testament. In manner and form following.
First
I give and bequeath unto my five sons James Breeden, Joseph Breeden, Merrel
Breeden, Bryant Breeden Jr. and William Breeden Jr. my plantation on which I
now live, containing one Hundred and Twenty acres, Jointly or to be equally
divided between them.
Secondly
I give and bequeath to my Daughter Aditha Breeden a red Heifer
Thirdly
It is my will and desire, that the ballance of my personal property be sold on
a credit of Twelve months and after the payment of all my just debts, the
ballance of the proceeds to be equally divided between my daughters Rutha
Manis, Nancy Maples, Aditha Breeden, Polly Henry, Lidia Hurst, and the children
of Hannah Fowler, to represent their deceased Mother, in taking a childs part,
and the child of my decd. daughter Elizabeth Hurst to have a childs part.
Fourthly
It is my will and desire that my five sons above named pay my five living
daughters Rutha Manes, Nancy Maples Aditha Breeden Polly Henry
& Lydia Hurst fifty Dollars each, so as to make them equal with my sons in
consequence of the land to be paid in two years after my decease.
And lastly
appoint my son Josiah Breeden sole executor of this my last will and Testament
with the privilege of employing
Page 81
and
assistance hereby revoking all former wills by me made. In witness
whereof I have hereunto set my hand and affixed my seal this 13th
day of February 1863.
his
William X Breeden
mark
Signed sealed
and published declared by the above named William Breeden, to be his
last will & Testament, in the presence of us who have hereunto subscribed
our names as witnesses in the presence of the Testator
his
David X Hurst
mark
his
James X Williams
mark
Wilson Dugan
Page 82
Will of
Dr. Robert Hatton Hodsden
I Robert
Hatton Hodsden, being in bad health but sound mind, do this day make my last
will and Testament, and hereby Revoking all others -
1st
After my Debts are all paid, I will and bequeath to my beloved wife, Mary, all
my money, if there should be any on hand, and also all my money effects, such
as notes, due bills, and accounts, after setting asside enough to pay the
expences of my son David for another year at school in Princeton, New Jersey.
2
I also will, the my wife, all my household and kitchen furniture, beds and
bedding, waggons, Haws, and Gearing, together with all the stock of horses
mules cows, sheep, and hogs, that may be in my Possession at the time of my
death -
3
I also Will to my wife one hundred acres of Good Land, for the use of the home
farm, beginning at the North East corner of Stewart O. Dickey, Knob Land, and
the fifty acre Entry, purchased by John Brabson deceased, as a part of the Bush
farm, Running thence near a north course on the top of the Ridge, to a point
opposite the South west corner of what is called the Tunis tract, Thence to the
said corner of said tract, and then with said Tract and beared it in the same
direction fifty Rods, Thence west one hundred Rods, thence South west to Yetts
line, and Yetts and lines to the beginning, to hold the same in the same manner
as she holds the several Bush Tracts, as willed to her and her children by her
deceased father John Brabson.
Page 83
4
I also will to my wife the balance of the large entry I bought of Tunis Scott,
and Perry Breeden except so much as I have sold off of said entry for her to
dispose of as she thinks best for the benefit of herself & our children,
Virginia David, John, and Mary.
5
I also will to my wife the farm commonly known as the Manning farm, with all
the little entries around including the Tunis tract, and the old Perry Breeden
tract, and the Ownsby tract. I swaped with John S. McNutt, for of fifty
acres each, for the benefit of herself and the children above named.
6
I also will to my wife, all my Interest in the Greenbrier farm, and the Rhea
county farm, known as the old Stuart tract, containing sixteen hundred and two
acres.
7
2nd I will to my son David
my Gold watch.
8
3rd I will to my daughter,
Sallie Henderson and the heirs of her body, my lands known as the Thurman tract
- I also will to my Daughter Sallie, two negro men, Taylor bought for me by S.
B. Henderson, last summer for $2500.00, and Ned, I purchased of Mrs. Hodges -
The Balance of Negros, I will to my wife -
9
I appoint my wife sole Executor of my estate having full confidence in her
capasity to manage it.
May 15th
1864
R. H. Hodsden
Charles Inman
Lemuel Bogart
Page 84
Will of
Thomas Hickman
I Thomas
Hickman 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 direct that my Funeral expences, 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 to Lottisha Keener, and Vina Keener, Charles Hickman, James
H. Hickman, and Allen Hickman, and Maston Hickman, Fredrick Hickman, Sarah
Conner, and Alias Hickman, Margaret Hamilton, Samuel Hickman, Katharine A.
Hickman, them or their heirs, to be divided, the Lands and moneys equally
between the above named.
Thirdly
My wife Elizabeth, is to have the dwelling house, and support, out of the
Lands, or money, her lifetime, Katherine A. Hickman, and Elizabeth, is to have
the use of the Property, that I have on hand, one Horse, one Cow and calf, and
the Hogs, and the House furniture.
Lastly
I do hereby nominate and appoint I. H. Cate, my Executor, witness whereof I do
to his my Will, set my hand and seal, this the 30th of August 1864.
his
Thomas X Hickman (Seal)
mark
Signed Sealed
& published in our presents & we have to in the presents of the
Testator this the 30th day of August 1864
Fuqua Pollard.
James Pollard.
Page 85
George
Underwood's Will
I George
Underwood being weak in Body but of Perfect mind and memory, and calling unto
mind, the mortality of the Body, and knowing, it is appointed for all men to
die, do make my last Will and Testament.
1st
I Give my Soul unto the hands of God that Gave it, and my Body to be buried in
decent Christian burial at the discretion of my Executor, and the expence be
paid out of my Estate.
2nd
I Give and bequeath to my wife Elizabeth Underwood the farm I now live on, and
the farm commonly known as the John Underwood Farm, with all their Proffits
Rents &c, til my four youngest children becomes of lawful age, to Educate
and support them during their minority, and the Part of the said Tract of Land
lying north of Dumplin Creek, for the same purpose - I also Give her two
head of horses the old mare & filleys, also two caves and calves, also my
waggon, and farming tools, two sons and four Shoats, I also give her all my
household and kitchen furniture, and all my sheep, and Poultry, and I also Give
my wife, Elizabeth Underwood, the farm with my dwelling house & all its appertainances,
and the Davis Tract, north of Dumplin Creek, during her natural life, to
support herself and to support James Anderson Underwood a minor child, and at
her death, to decent to said minor child, and the said Elizabeth Underwood and
James A. pay unto Parthena Clementine Underwood, a minor child, three hundred
dollars when she becomes of lawful age. I also give unto Robert Sneed
Underwood, the farm known as the John Underwood Farm, when he becomes of lawful
age, by his Paying Nancy Cordelia Underwood, another minor child -
Page 86
Three hundred
dollars. I also give to Wm. Henderson Underwood the Farm known as the
James Underwood Farm, by his Paying me Six hundred dollars, and John Underwood
six hundred dollars, and also George Kerby Underwood Six hundred dollars.
I also Give to Elizabeth Mount, Sarah Cate, Magaret Brazer, Susan Lenouer Cate,
Martha Adaline Cate, Mary Jane Robertson, the Balance of my Davis Farm, lying
on the South of Dumplin Creek to be divided between them, or sold and the money
divided among them Equally to be sold or divided as they Please.
And my desire
is that my Black smith tools, and other property not mentioned be sold, by my
Executor, and the money divided, between the above named daughters. And
my Bonds notes and accounts to be collected, and after paying my just debts, if
any Remain, to be divided Equally among the above named. I Also appoint
John Henderson Caldwell, my Executor, of this my last will and Testament,
hereby Revoking, all other wills, by me made. In witness whereof I have
hereunto set my hand & seal this 6th day of November 1863.
George Underwood (Seal)
Signed sealed
and published in our presence and in the Presence of each other
I. N.
Underwood
John
Underwood so of
Enoch
Underwood
Page 87
Sanford
Allen's Will
In the name
of God Amen. I Sanford Allen of the County of Sevier, and State of
Tennessee, do make, and publish this my last will and Testament, hereby Revoking
and making void all former wills, by me heretofore made.
First
I direct that my body be decently burried, and that all my just debts be Paid
as soon after my decease, as Posible, out of any money that I may die Possessed
of, or that may first come into the hands of my Executor.
2nd
I will and bequeath to my wife Lydia Allen the Posession and rise of my home
farm, during her natural Life, with all the Household, and kitchen furniture,
one horse one yoke of oxen, yoke Ring & steeple, one Waggon, one pair of
Geering, two Plows, two clevices, two Single trees, two milk Cows, Six choice
head of hogs, Six head of sheep, and all the Poultry on hand, two hoes, one
choping axe, and one womans saddle, also one hundred dollars in money and one
years provisions to be laid off to her by three prominent disinterest citizens.
Third
I have Given to my son William Allen one hundred dollars in land, as his part
of my estate, except what may be hereinafter provided for.
Fourth My
wish is that my son John Allen, have one hundred dollars in land, if not in
land in my lifetime, in money after my decease.
Fifth
May wish is that my daughter, Mary Dobkins, have one hundred dollars, in money,
after my death, to be applied to the sole use of her and her heirs.
Sixth
I have Given to my daughter Nancy McMahan, one hundred dollars to be applied as
she may direct
Seventh
I have Given to my son, Moses Allen, one hundred dollars in land, as his part
of my estate except what may be hereinafter provided for
look over for
Balance of this will
Page 88
Eighth
I have Given to my son Absolum Allen, one hundred dollars, also I now Give him,
one half of a five hundred acre tract of Land, be the same more or less said
Absolum Allen, to have posession as long as he lives, then his heirs must apply
it to their use as they may see fit. Said Land lying in Sevier County, on
the waters of Webbs Creek and Joining Philip Shults Esq. land.
Ninth
I have Given my daughter Elizabeth Jane Law, one hundred Dollars in land.
Tenth
I have Given to my daughter, Lydia Kerr, twenty one dollars & seventy five
cents. My wish is that she be made out one hundred dollars, to be applied
to the sole use of her and her heirs.
Eleventh
My wish is that my son Sanford Allen, have one hundred dollars in money to be
paid after my decease.
Twelfth I
have Given, my daughter, Catherine Russell, one hundred dollars, in Land.
Thirteenth
My wish is that my lands, that I have not sold at my death except my home farm,
be sold, on twelve months credit. also my wish is that after the death of
my wife, my home farm, with all the other Property, be sold on twelve months
time. Also any notes or accounts that I may have, on hands at my death, my
executors may collect until the expiration, of twelve months, All the Proceeds
of my property notes and accounts must be equally divided among my four named
heirs, except Absolum Allen.
Lastly I
appoint R. C. Law and Wm. Allen Executors of this my
Page 89
last will and
Testament, and I have hereunto set my hand and seal this July the 19th
1862.
his
Sanford X Allen
mark
Signed sealed
and Published in our Presents and we have hereunto subscribed our names by
Request of the Testator.
John Russell
R. S. Atchley
Westley
Huffaker's Will
I Westley
Huffaker of the county of Sevier and State of Tennessee being in very feeble
health but in full possession of Reason do make this my last Will and Testament
revoking all others by me made
Owing to the
present distracted condition of the country and to the fact that property has
at this time no certain fixed value I find it Inexpedient to attempt to parcel
out my estate amongst my heirs. I therefore having perfect confidence in
my wife Francis G. Huffaker and at the same time an anxious desire to secure
her happings while she lives leave in her hands all that I posess Lands slaves
money in hand notes Accounts Personal Property &c &c to be used and
possessed by her after paying my just debts and Funeral Expences for her own
comfort and the benefit of my heirs I hereby give to wife aforesaid permission
to sell a tract of land adjoining the lands of William Wayland also to dispose
of my slaves should the interest of the Estate and the will being of said
slaves require it. It is my will for my wife aforesaid to enter into the
full possession of my Estate a hereinbefore described and to retain possession
of it during her natural life
Page 90
in as full a
sense as I possess it myself I accordingly appoint her (my wife aforesaid) sole
Executrix of this my last will and Testament on her on her own probate bond
without susities And I futher hereby confer on my wife aforesaid and invest her
with full powers to dispose of my entire Estate real and personal in fee simple
to my heirs first by Gift to them during her life or by bequest at her
death. This settlement of my Estate is subject to but one condition
should my wife aforesaid heretofore enter into new marrig Relations here
privileged revoked and the court will appoint an Executor who will settle my affairs
according to the laws made and provided for the settlement of Estates
Given under
my hand and seal this 29th day of March 1864
In presence
of
Westley Huffaker
R. M.
Creswell
Samuel
Randles
Probated 3
July 1865 page 176
Page 91
Jackson
Proffit Will
I Jackson
Proffit of the County of Sevier and State of Tennessee owing to the uncertainty
of life in the year of our Lord one thousand Eight hundred and Sixty three
being in my right mind do make and declare this my last will and
Testament. I bequeath unto my wife Sabey Proffit all my real and personal
property comprising the following tracts of Land and appurtannances. The
Home Stead farm compossing six hundred acres more or less Five thousand acres
more or less laying on the waters of Little dudley Sevier County Term to have
and to hold during natural life or marriage a same the remains to my six sons
and their heirs for ever as follows Benjaman Proffit James proffit David
Proffit Pleasant Proffit Wm. Proffit Aron Proffit to have
equal parts of the above named Five thousand and Six hundred acre tract
To my four
Daughters Mary Ann Proffit Sarah Proffit Elizabeth Proffit
Martha Proffit I bequeath each to have out of my estate one years worth, one
hundred & fifty Dollars And to my son David Proffit I bequeath my Interest
of five hundred acres more or less in a joint held by John Henry and my self
this Jany. the 16 1863
Attest
his
Jackson X Proffit
William
Benson
mark
James McMahan
John Large
A. C. Catlett
I Jackson
Proffitt appoint James Proffitt and John Henry Executors and Administrators of
my Estate
Page 92
Benjamin
Tipton's Will
I Benjamin
Tipton, do make Publish this 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 expences and all my debts be Paid as soon after my
death as posible, out of any money that I may die Posesed of or first may come
into the hands of my Executor.
Secondly
I Give and bequeath to Calaway Cagle and Jane Cagle, one Tract of Land lying
and being in the County of Sevier and State of Tennessee, and in District No.
10 containing by estimation fifty Acres, known as the Cagle Tract, and also
that the said Calaway, and Jane Cagle have one Bed, Bedstead and furniture
each.
Thirdly
I Give and bequeath to my two sons Benjamin F. Tipton, and Marion Tipton, and
my two Daughters, Tennessee McPherson and Rebecca Boling, one Tract of Land,
containing one hundred Acres more or less, it being the Tract on which I now
live, and also I Give to said two sons and my two daughters above named, my
mountain Lands, supposed to be seven hundred acres more or less.
Fourthly
I direct that my Personal property, that I may die Posessed of be sold and the
money equally divided between my above named heirs, Benjamin F. Tipton, Marion
Tipton, Tennessee McPherson, Rebecca Boling, Calaway Cagle, and Jane Cagle.
Fifthly
If my wife Polly Tipton, should survive me, then she is to have the fifty Acre
Tract during her
Page 93
lifetime, and
also the household and kitchen furniture during her lifetime.
Lastly
I appoint Cromwell Delozier, my Executor, to execute this my last will and
Testament
Signed sealed
&c &c in our presence this 6th day of September 1865
Benjamin Tipton (Seal)
Attest
Andrew Rogers
William M.
Burnett
John
Forgasons Will
In the name
of God Amen.
I John
Farguson, Sr. of the County of Sevier, and State of Tennessee, do make and
Publish this my last will and testament.
1st
I direct that my body be decently burried and all my just debts, be Paid as
soon after my decease as Posible.
2nd
I will and bequeath, to my beloved wife Peggy Farguson, all my household and
kitchen furniture, all the Hogs, sheep, and cattle, that may be on hand at my
death, one Horse, if any on hand at my death, one two horse waggon with Gearing
for two Horses, and all the farm tools, the Posession, and use of all my
buildings and that she have her support off of the Land during her lifetime.
3rd
My wish is that my two single daughters Nancy and Dialthy, live with their
Mother and have their support off of the Land, by them helping to cultivate the
Land, when able, and to have a house and home on the farm as long as they live
single.
4th
My wish is that all the Grain and meat, that is on hand at my death, be used,
by my family.
Page 94
5th
My wish is that my son John Farguson have my Land by his taking care of his
Mother, and two sisters as above described and if the above named Daughters
should marry, my said son John is bound to Pay each of them fifty Dollars in
the currency of the Country in twelve months after their marriage.
6th
My will is that my Daughters Jane Polly Martha, and Margaret have fifty Dollars
each to be paid in twelve months after my death, in the currency of the Country
as their part for the Land.
Lastly
I hereby appoint my son Jon Farguson, and John Russell, my Executors, of this
my last will and Testament in testimony I have hereunto set my hand and seal
this, April 21st 1865.
his
John X Farguson
mark
Test.
John Templin
H. S. Blair
Will of
Richard Shields
State of
Tennessee )
Sevier
County
) March, the 28th
1865.
I Richard Shields, being in feeble health, but of sound mind do make this my
last will and Testament to wit
1st
It is my will that my wife Emily E. Shields, have the full controll of all my
Property, and lands after my death, during her natural life, or as long as she
Remains my widow, after which I will that the Lands that I now own, shall
belong to my Heirs of my last wife, Emily E. Shields.
2nd
I will that all my Heirs of my first wife, shall be equal heirs, with the Heirs
Page 95
of my last
wife in any minerals that may be found on the Lands that I now own, I also will
that John C. Porter (my wifes son) be an equal Heirs, with the Heirs of my
first wife (Susannah Shields) Decd., in any or all minerals that shall or may
be found on the land that I now own, or in other words I will that my Heirs of
my Deceased wife, and my late wife, to be equal Heirs in any minerals that may
be found, on said Lands but my Heirs by my last wife to have, all my lands,
after the death of my wife Emily E. Shields or until she is no longer my widow,
that the said John C. Porter to be equal in all Respects with my Heirs in all
minerals as afore said.
3rd
It is my will that my wife Emily E. Shields if she may think proper to convey a
deed for Acres of land to my daughter, Nancy Inman (as heretofore Indicated by
me) for her to hold as long as she will live upon the same or the Heirs of her
body that if she or the Heirs of her body fail to live upon the same, the said
deed that she may make shall be nul & void and all of said Land, shall
belong to my heirs, by my last wife, as before stated
I further will, that John C. Porter, my wifes son, be an equal Heir with the
Heirs of my last wife, Emily E. Shields.
This Given under my hand and seal
his
Richard X Shields (Seal)
mark
Attest
James Drennon (Seal)
A. J. King (Seal)
Page 96
Lemuel
Carmichael's Will
In the name of God Amen.
I Lemuel
Carmichael Sen. being of sound mind and of disposing memory But calling to mind
the uncertainty of live do make and declare this to be my last will and
testament.
And firt my
will is that all my debts and burial carges be paid of my estate
Second
I will and bequeath all my property both real and personly to my wife Louisa
for and dureing her life time and widowhood
Third
after the Death of my wife Louisa should she live longer than myself my will is
that Thomas G. Carmichael a Boy nine years of age that I am raising shall
possess and have a certain parcel or tract of land adjoining the lands on which
Peter H. Bryan now lives and others Beginning on a white oak tree on the west
side of Elija Cates hill field & corner of my lands and running to a small
hickory near Peter H. Bryans little field said hickry stands on a rock then the
various courses to the begining so as to run with the lines of or adjoining the
lands of Elisha P. Cate and adjoining lands and running with formly the
lands of Elisha Cate and adjoining the lands and runing with the lines of Elija
Cate to the beginning and I also bequeath to the above named boy Thomas
Carmichael two hundred dollars in cash or money on the following condition to
wit that this will I intend to bequeath to my two step sons John Haines and
William Haines a certain portion each of my lands conditioned
Page 97
as follows to
wit that the said John and William Haines pay over to said Thomas G. Carmichael
one hundred dollars each which shall constitute the above named bequeath of two
hundred dollars and that the said John and William Carmichael Haines pay
over said money in a resonable lenth of time after they shall have come into
possession of said land
Fourth
It is my will that after the death of wife as above stated that John Hains
& William Hains have my home tract of land and that said bequeath to said
John and William Hains be subject to the requirements of the third Item of this
will Provided they the said John & William Hains cultivate my farm and
produce a suficient support for myself & family so long as we bothe shall
live or either of us
Fifth
that from & after my death or that of my wife if the above named boy Thomas
J. Carmichael has not recieved a sufficient Education that his Education be
finished to a reasonable extent out of my personal property that may be on
hand It is my will that this Item be fulfilled to a resonable
extent
Sixth
my will is that if my wife Louisa should out live me and wish to sell and move
off that she is hereby authorized to sell all my lands and to make a title or
titles to the same but to pay to each of the legatees according to their
respective legacies that potion of the money so received for said lands
Seventh
Should their be any personal property left at the death of wife Louisa my will
is that it shall be sold and the proceeds given to Thomas J. Carmichael
Page 98
Eighth
my will is if said Thomas J. Carmichael should die before he comes to the age
of twenty one years that all the estate real and personal that I have willed to
him shall go to my son John M. Carmichael And now having disposed by will of my
worldly effects I hereby appoint my beloved wife Louisa Carmichael and Daniel
Kelly executors to this my last will and Testament and I also appoint Daniel
Kelly guardian to the above named boy Thomas J. Carmichael and that he is here
by empowered to carry out the provisions of this will in regard to said boys Education
provided said Louisa Carmichael should die before said boy should be come of
age according to this will
his
Lemuel X Carmichael
mark
This
thirteenth day of August 1864
Read to said
Lemuel Carmichael in presence of
Samuel Mount
Robert. R.
Bryan
Will of Isaac
Ogle
I Isaac Ogle
being impressed with the uncertainty of life & the certainty of death do
make & ordain this my last will & Testament
Item
first. It is my desire that as soon as possible after my decease that all
my debts be paid and for that purpose I wish my Executors to sell my farm known
as the Thurman farm adjoining G. W. Seatons Lands & others at public
auction to the highest bidder after giving
Page 99
Will of Isaac
Ogle
due notice by
advertising on Twelve months credit the proceeds to be applied to the payment
of my debts the remainder if any to be put in the hands of my Beloved wife
Nancy Ogle for the raising and educating my children
Item
Second. I desire my beloved wife Nancy Ogle to have the control and
benefit of all my other lands during her widowhood and if she remains a Widow
as long as she lives and at her death I desire the land sold and the proceeds
distributed among all my children, after making the younger children equal in
share with those who have married, but I desire my children as they may marry
or arrive of age to be made equal with the others.
I desire that
my beloved wife shall have all my personal property during her widowhood, as if
she remains a widow during her life, and then said personal property to be sold
& distributed equal among all my children.
I hereby
appoint my son Horatio B. Ogle & Robert Marshall my Executors to carry out
the provisions of this Will They to be paid reasonable compensation for
their trouble in executing this will
Witness my
hand April 22nd 1866
his
Isaac X Ogle
mark
Attest
Isaac Trotter
J. M. Hammer
Page 100
Will of
Ashley Wynne
State of
Tennessee )
Sevier
County
)
I Ashley
Wynne being in a bad state of heath but in sound mind do make & publish
this 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 moneys that I may die possessed of or may first come
into the hands of my Executor
Secondly, I
give and bequeath to my wife Nancy R. Wynn the farm which I now live on to
control and manage during her life, at her death the farm to be divided between
my two sons, E. M. Wynn and T. D. Wynn. E. M. Wynn and T. D. Wynn must
each of them pay to my Daughter Mary R. Trotter five hundred dollars when they
get possession of the land. E. M. Wynn and T. D. Wynn are to remain on
the farm as heretofore should Mitchell or Dottery wish to make any improvement
on the land, they can at any time have a conditional line run and know their
part all the grain on hand the stock and tools, household and kitchen furniture
is to remain with my wife and at her Death to be equally divided between my
three children viz. Mary R. Trotter E. M. Wynn and T. D. Wynn, the
debts coming to me in Virginia my Executor I want to collect and divide the
same equally between my wife Nancy R. Wynn, Mary R. Trotter, E. M. Wynn and T.
D. Wynn. Lastly I do hereby nominate and appoint E. M. Wynn my Executor
in witness
Page 101
whereof I do
to this my will set my hand and seal this 4th day of May 1859
his
Ashley X Wynn
mark
Signed sealed
& published in our presence and we have subscribed our names hereto in the
presence of the Testator this 4th day of May 1859
Curtis Mills
Basdill
Scruggs
Martin Bakers
Will
I Martin
Baker being of sound & perfect mind and memory do make and publish this my
last Will and Testament in manner and form following First, I give and
bequeath unto my beloved wife Elisabeth Baker all my real and personal estate
and property of every kind and description, for her to enjoy for & during
her natural life or widowhood with the following conditions. My desire is
that my youngest son, Martin Caswell Baker shall live with and take care of his
mother that he shall have a good Horse, that he may son Martin Caswell, shall
when my grand son Martin (the son of my deceased Daughter Cynthia Baker arrives
at manhood pay to him the said Martin son as aforesaid of my said Daughter
Cynthia a good Horse. It is my Will and desire that at the decease or
marriage of my wife Elisabeth Baker, that my said son Martin Caswell shall have
all of my real and personal estate - provided he pays as above stated to my
grand son Martin and to my Daughter Susannah Thornton, Twenty five dollars, to
my Daughter Elisabeth Lewis twenty five dollars, to my son James Baker
Page 102
Martin Bakers
Will
twenty five
dollars to my Daughter Mary Keeler formerly Mary Baker twenty five dollars to
Daughter Louisa Jane Baker fifty dollars to my Daughter Sarah Arminda Baker
fifty Dollars. But still it is my will, wish and desire that my said wife
Elisabeth shall have the power at her discretion to give out of my personal
estate to any of the above named devisees - whatever she may think right and
proper in order to make the above devisees as near equal as possible and to
effect that purpose I give to my said wife all the debts of every description
that is owning or coming to me
And I hereby
appoint my beloved wife the said Elisabeth Baker sole Executrix of this my last
Will & Testament hereby revoking all former wills by me made
In witness
whereof I have hereunto set my hand and affixed my seal this 15th
day of December A. D. 1854
his
Martin X Baker
mark
Signed sealed
published & declared by the above named Martin Baker to be his last Will
and Testament in the presence of us who have hereunto subscribed our names as
witnesses in the presence of the Testator
his
William X Henry
mark
Patrick Patton
Nelson Duggan
Page 103
Will of John
Owenby
I John Owenby
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
direct that my funeral expenses and all my just debts to be paid as soon after
my death as possible out of any money or property I may be possessed of at my
death or the first money that may come to the hands of my Executor
Secondly,
I give and bequeath to my son John H. Owenby all my property both real and
personal consisting of one hundred and twenty five acres of Land, Cattle, Hogs,
Horses, house hold furniture &c. I have given and bequeathed all my
property to my said son John in consequence of his kindness in taking care of
myself and wife in our old age and during our infirmity
Lastly I do
hereby nominate my son John H. Owenby as my Executor
In witness
whereof I do set my hand and seal to this my last Will this 4th day
of February 1858
his
John X Owenby
mark
Test
F. L. Emert
Philip S. Shults
Page 104
Will of James
Bohanan
State of
Tennessee Sevier County this the Eleventh of March 1867
I James
Bohanan do this day make my last Will & Testament of my real Estate &
personal property, after all my just debts are paid, I want the use of my Land
to the use of Sophia Bohanan and my children as long as she remains my Widow
& if she marries before the children comes of age and gets a man that don't
treat them as well as their Grandpap I want him to keep them and have the use
of the Land When Wm. Bohanan & Noah Bohanan comes of age I want them to
have my land I want Sophia Bohanan to have my mare, I want her to have one cow
and Margaret Jane the other and I want them both to have the things in the
house. I want my Father to take charge of Sophia & the children and
my other goods and chattels & see that they are put to the use &
contents of my Will during her Widowhood if she marries before the children
comes of age I want her to have the things that I have willed to her after all
just claims is paid off out of my goods & chattels that is not bequeathed,
if there is any thing left I want my Two Boys to have it
his X mark
Test
James Bohanan
Lydia Whaley
W. H. Bohanan
Page 105
Will of A. M.
Layman
In the name
of God Amen.
I A. M.
Layman do make and Publish this my last Will & Testament hereby revoking
and making void all former wills heretofore by me made
1st
I direct that my Body be Buried in a manner suitable to my condition in life
and that all my Just debts be paid as soon as possible after my decease
2nd
My wish is that my Beloved wife Jane Layman have all my Lands with all my
Personal effects during her natural life or Widowhood.
3rd
After the Death or Marriage of my said wife I direct that my Lands with all
other effects that may be on hand be sold by my Executor and the proceeds of
said sale be equally divided amongst my children, John M., James S., Daniel W.,
William C., Margaret E., Caswell T. & Albert W. Layman.
And Lastly, I
hereby appoint my son, John M. Layman my Executor of this my last Will &
Testament in testimony I hereunto set my hand and this November 23rd
1866
Attest
A M Layman (Seal)
John Farguson
John Russell
Page 106
Copy of Will
of Wm. Canterbury
I William
Canterbury of the County of Sevier & State of Tennessee being Now old &
mindful that is appointed to all men once to Die do make and ordain this to be
my last will my Last testament in relation to the good things of this world
with which it has pleased God to bless me
First
I give & devise to the children heirs of Edward Calvert born of his wife
Nancy my Daugher to wit Betsey Calvert James Calvert Pobuch
Calvert Alexander Calvert & also James Toomy my farm called the Calvert
place to be Eqally devided among them & their heirs
Secondly
I Give devise to Samuel Pate & his wife Hannah the plantation I Now live on
& also the Atchley farm on Millican to be held & enjoyed by the said
Samuel Pate & Hannah during her life & after her Death my will that the
two said tracts of land shall go in Equal shares to the children of the said
Hannah & there Heirs I also give & Bequeath to the said Samuel Pate
& his wife Hanah my slaves Kizah & her child Marth also George Henry
Preston & Pleas and to be held & prossessed by them during the life of
the said Hannah & after her death my will is that the interest &
prosperity of said slaves shall vest equally in the children & heirs the
said Hannah.
Thirdly
My plantation called the moon place on flat creek & one hundred Acres are
called my Entry joining or nearby joining the said Moon place I give &
devise to my Executor hereafter to be mentioned Named to be by them sold
on a twelve months credit & the proceeds Thereof to equally divided Absolom
Siverly & his wife Rebeckah & Thomas Guthery & his wife Polly or in
case any of the parties Share
Page 107
die before
this my will takes effect then their presentatives to stand in the place of the
deceased party as to said divide To the said Thomas Guthry & his
wife Polly I also give & bequeath my slave Lane & her three children to
be held & possessed by them during the life of the said Polly & after
her Deceased it is my will that said Slaves go to the children of the said
Polly in equal Shares & interest.
Fourthly
To Daniel Atchley & his wife Sally I give & devise my two tracts of
Land called the Campbell place where the said Daniel & his wife Now lives
to be held & enjoyed by them & the survivors of them & after the
Deceased of the Survivors to heir heirs to the said Daniel Atchley & his
said wife Sally I also give & bequeath my said slaves Fan Frank &
Scinth to be by them owned & possessed during there Joint lives and the
survivors of them & after their deceased to their heirs it is also my will
that the said Daniel Daniel & Sally shall Mantain & support My old
slave Fillis & if at any time they on survivors of them shall refuse to do
so then & in that base their right to the salves here bequeathed to them
shall cease & the right of said slaves shall vest in such of my heirs as
shall provide a suitable maintainance and support for sd. Fillis.
Fifthly
My slaves Abe Elisha I give & bequeath to Absolom Shiverly and his wife
Rebeckah during their joint lives & after the death of the survivor to
their children.
Sixthly
my will & desire is that all my personally property except cash on hand
& except such as has been here in before disposed of be sold on a credit of
twelve months & that out of the proceeds there of one hundred dollars to be
paid
A Tract
Page 108
Absolom
Siverly & his wife Rebekah or either of them it is my will that all the
ballance of the proceeds of the said sale of personally property shall the cash
on hand and such debts as may be collected shall after defraying the expenses
of my burial out of cash on hand & paying of such littel debts as I may
justly owe if any be equally divided between Absolom Siverly & his said
wife Thomas Guthery & his said wife Samuel Pate and his said wife &
Daniel Atchley and his said wife so that each man & his wife or their
representatives shall receive one fourth part of the said proceeds debts &
cash on hand
Seventhly
It is my will that James Tommy & Daniel Atchley execute & carry in to
effect this my will & that when it shall please God to seperate my Soul
from my body it is my will that they bury my mortal remains in a decent
Christian manner & pay the expence there of out of the money on hand
In witness where of I have hear unto subscribed my name
this day of February in the year of our Lord 1855
Signed in the
presence of us
Lewis Reneau
William
Atchley
N B My
slave Charles I have Long intended to make free I there fore give &
bequeath him to his wife Jane & his heirs forever
It is also my
will that my slave Fan here in before bequeathed to Daniel Atchley & wife
be after the deceased Atchleys said wife be free because she has been a good
slave to me
William Canterbury
Page 109
Will of
Thomas Bryan
In the name
of God Amen. I Thomas Bryan of the County of Sevier and State of
Tennessee being of sound mind and memory and in view of the uncertainty of this
Transitary life do There fore make and ordain this to be my last Will and
Testament that is to say after all my lawful debts are paid The residue of my
Estate I give and bequeath and dispose of as follows to wit
To my beloved
wife my household & kitchen furniture one cow six sheep all the poultry one
bed stand during the term of her Natural life and after her death all to be
Sold by my executors except the bureau loom & cooking stove which are then
to belong to my Daugher Lucy
To my son
William E. Bryan I will the lands on farm on which he now lives as surveyed to
him with thirty acres additional on the south side of my William Bryon entry by
his paying to my Estate four hundred Dollars in addition to the one hundred
heretofore paid
To my Son P W
Bryan I will the lands cultivated & possessed by him and surveyed to him
containing one hundred & seven acres more or less by him paying to my
estate two hundred & twenty five Dollars in addition to the one hundred
& twenty five Dollars heretofore paid
To my son A W
Bryan I will the lands or farm on which he now lives & as surveyed to him
containing one hundred & seventeen one one half acres more or less by his
paying to my Estate one hundred & seventy five Dollars in addition to the
one hundred seventy five Dollars heretofore paid
Page 110
To my son R.
R. Bryan and his heirs and to my Daughter Lucy & her husband William H.
Brennen I will the home sted embracing all of said tract not included in the
Surveys of William E, P H & A W Bryan and also all my Land known as the
Back entry adjoining the Lands of Thomas Furgason & others on the following
conditions to wit that my self & wife remain in the house & be
supported by them as long as each of us may live by my son Robert paying to the
two heirs of T. C. Bryan Deceased each one hundred & fifty Dollars on or
before they are twenty years of age & that he also pay to Dr. S. Cunningham
of Jonesboro one hundred Dollars And that he also pay to my wife if she should
need it one hundred dollars & if her necessities should not require him to
pay the full amount the balance of the hundred Dollars to be paid to my Estate &
William H. Drennen is to pay to my Estate Six hundred Dollars my son Robert has
the privalige of selling his interest provided he invests the same in land for
his heirs and as heretofore Directed
My tract of
land known as the hester place with the entry between it and all Bryans tract
and all the William Bryan Entry except the thirty acres left to William E.
Bryan is to be sold and all my stock goods and effects not heretofore excepted
to be sold I will my daughter Mary Newman Eliza J. Wooten Sarah C.
Henry and Margaret A. Gaut each thre hundred Dollars and to Rachel N. Elder one
hundred Dollars and to each of her two Daughters Carline Manard and Nancy
Layman fifty Dollars to be paid out of the last payment received on the lands
left my sons
Page 111
And to George
A. Keener I will one hundred Dollars to be paid to him when he is twenty one
years old it is my will that my executors pay the remainder of the dues of T C
Bryan Decd. then the estate shall be wound up and all my lawful debts paid and
aftering paying the amount herein specified should there be still a remainder
on hands it is my will that it be equally divided among those of my heirs who
have not received land & should the Judgment I have obtained against Allen
S. Bryan be collected it is my will that the amount so collected by equally
divided among all my heirs
Should I die
before the present crop is made it is my will that William Drennen be allowed
my horse & mule & farming tools to raise the crop with & that he be
allowed all the grain & hay Now on hands except one crib of corn one fourth
of the ensuing crop after paying the work hands to be mine
It is my will
that my executors have the graves of my two Decd. sons J. W. & T. C. Bryan
marked by tomb stones or otherwise if they deem best
Likewise, I
make constitute and appoint my said sons P H & R R Bryan to be executors of
this my last will and Testament hereby revoking all former wills by me made In
testimony whereof I have hereunto subscribed my name & affix my Seal the
twenty fourth day of March in the year of our Lord one thousand eight hundred
and sixty seven
Thas. Bryan (Seal)
Signed in the
presence of
Perry Cate
Thomas
Brennin
Elisha S.
Cate
a true copy
from the original
W. H. H. Duggan Clerk
Page 112
Will of
Robert McMahan
I Robert
McMahan of the county of Sevier and State of Tennessee do make and publish this
my last will and testament It is my will that as soon after my death as posable
that my funeral expenses be paid out of my money on hand.
Second I will
and bequeath to my wife Hulda McMahan the use and benefit of my lands during
her natural life and also my personal property that may be on hand at my death
for and during her natural life.
3rd
I will and bequeath to my son John McMahan all my lands after the death of my
wife Hulda McMahan he paying to my son James P. McMahan the sum of twenty five hundred
dollars as I desire that my said son James P. McMahan should have that amount
out of the value of my lands.
Fourth
I will and bequeath to my son John McMahan one Thousand dollars out of the
money on hands and debts due me
Fifth
I will and bequeath to my grad son Robert Hardin the sum of five dollars
Sixth
it is my will that what remains of money on hand and debts owing to me after
paying the above bequests to equally divide between my son James P. McMahan and
my dughter Nancy Houk Sallie Catlett Rebecca Snapp and the
children of my deceased daughter Rachel Davis giving to the children of my
deceased daughter Rachel Davis one share or one fifth part of said money &
debts
Page 113
I appoint my
sons James P. McMahan & John McMahan Executors of this my last will and
testament Given under my hand and seal this 6th day of Nov.
1869
Robert McMahan (Seal)
signed and
sealed in our presents and attested by us at the request of the Testator this 6
Nov 1869
M. W. McMahan
R. H. Andes
Page 114
Will of
Samuel Huffaker
I, Samuel
Huffaker, of the State of Tennessee and County of Sevier, being of sound mind
and memory, and considering the uncertainty of this frail, and transitory life
do therefore make ordain, publish and declair this to be my last will and
testament, that is to say First after all my lawful debts is paid and
discharged, and I have a good Christian burial, The residue of my estate real
and personal, I give bequeath, and dispose of as follows, to wit, To my wife
Mary Huffaker all of my personal estate of what kind so ever, it be (not herein
after beqathed, house hold and kitchen furniture farming utentials, stock of
every kind consisting of horses & cattle sheep hogs & poultry as many
as may be on hands. Also one small tract of land lying in the State of
Missouri Mercer County, and all other lands that me or my wife heirs may become
seized of during her nathural lifetime or ever after wards to support and
educate, my four sons, to wit, C. U. & J. R. N. & E. C. & E. S. in
a common English education and enjoin it on my executor, if their education is
not competent, at my wife death to exhaust all the means, in their hands, or
make them competent, and at my wife desease the above property with the
Increase if any is to bee equally divided
Page 115
between the
above named Sons by sale or otherwise, at the discretion of my executor.
Also all the provision on hand such as corn wheat bacon &c. And
whereas George Hudson in his last will and testament gave the land I now live
on, to my three old children to wit, J. W. & M. E. & M. A. Huffaker -
At the death of myself, and wife, that is Also my will, it is believed that J.
W. Huffaker is dead, but, if he is not, and comes home, in any any reasonable
time, I wish him to have my blacksmith tools but otherwise, I wish them to fall
back to my present wife and her children. I Also gave to my two
daughters, all the property, both household, kitchen property, that is in my
hands that she (ie) their mother brought with her when me and her was married
(ie) my two daughters Manurva E. & Martha A. Huffaker, Also all that they
may have made for themselves, Also to be equally divided between them. Also
one cow, or heifer each. I further wish that, if my wife and her four
children should all die before the children has any heirs of their own, that
their part of my estate be turned over to the Bible Society of the Methodist
Episcopal Church of the United States. I further appoint John Underwood
(ie) my wife brother and John H. McNutt my executors without security as I
believe them both to be honest men, given under my hand and seal this the 6th
day of September 1866
Samuel Huffaker (Seal)
Page 116
Signed sealed
and delivered in the presents of us all and in the presence of each other
Attest
William T.
Underwood
Samuel F.
Green
Will of Eli
T. Ogle
State of Tennessee
)
Sevier
County
) March the 16th
A. D. 1867
I Eli T. Ogle
give the following as my will and request Washin & Nicholas my sons to
have at my Death I request Washin & Nicholas to have my Land and want
Mary to have the use of it while She remains my widow and I want her to pay my
Debts out of my property and the rest to be Equally devided between Suzy and
Dicy Jane my Daughters and want Mary to have the use of all my truck while she
remains my widow but no Longer
Given under
my hand and seal this day and Date above written
Eli T. Ogle (Seal0
Test
Isaac King
G. B.
McCarter
Page 117
Will of
William Cannon
I William
Cannon of the County of Sevier and State of Tennessee being of an advanced
aged
remembering that it is appointed for all men once to die and also being
desirous to declare the desposition which I think ought to be made of my
property after my death I make public and declare this Instrument of writing
with its following provisions to be my last will and Testament To wit
1st
I here by appoint my sons Gilford Cannon and William Cannon and my son in law
James M. Sharp to be my Executors to execute and to carry into effect the
provisions of this my will and testament according to there three Interest
2ndly
I desire that after my decease my Executors shall give to my boddy a decent and
cristian burial and pay the Expenses out of my Estate as may be here in after
discribed
3rdly
I desire that my Executors divide my Estate real and personal into eight shares
of Equal value provided they shall find it practicable to make such a division
and can agree upon what that division should be and if this division shall be
made it is my will that each one of my exectuors here in named shall have one
of these Eight shares and that the heirs of my deceased Son John O. Cannon born
of his first wife Caroline Daughter of Martha Nelson shall have a fourth one of
those shares and that the heirs of the boddy of my deceased daughter who
Intermarried with Mathew Bogle shall have a fifth one of those said shares and
that the heirs born of the body of my deceased Daughter Martha Caroline who
intermarried Nicholas N. Ernest shall have a sixth one of those said shares and
the heirs born of the body of daughter Mariah who intermarried with Joseph W.
Ernest shall have a seventh one of those said shares
Page 118
4th
It is my will that the profits of the remaining one eighth share of my property
of the said division shall be made shall be enjoyed by my daughter Syntha
Rogers during her life and that after her deceased the said share it shall be
equally among her heirs born of her body subject to the following provisions to
wit
My Executors
shall take from the said Eighth share five hundred Dollars or five hundred
dollars worth of property and with so much of the same as shall be necessary
they shall pay the expence of burial and the balance they shall add in equal
portions to the said Eight shares including the one from which it may be taken
as well as the other seven before Mentioned the subtraction of the said five
hundred dollars from the said Eighth share as here in before directed is
disserved because I have heretofore done more for my said daughter Syntha than
I herefor any of my other children
In order to
give effect to my will relative to my said daughter Syntha and the said Eighth
share of my property I hereby appoint and constitute George Rogers son of my
said daughter Syntha Rogers a trustee to receive the one eighth share of my
property after the said five hundred dollars shall be subtracted from it as
herein before directed and to manage the same so as to make it subject to the
following uses & purposes to wit if real Estate shall constitute the said
Eighth share or any part there of he my trustee may rent or lease it out upon
such terms as he may think proper
Page 119
and If a
slave or slaves shall constitute said share on any part there of he may in his
discretion hire out such slave or slaves upon such terms as he may think best
or if money shall constitute the said Eighth share or any part there of he may
so dispose of it as to preserve the principle and make it produce lawful
interest provided always that if personal property of any discription not being
money or real property shall constitute the said Eighth share or nay part there
of my said trustee may in his discretion sell the same for money upon such
terms as he may think the best or he may request my Executors to sell the same
for money under such rules and regulations as he may prescribe in writing and
if he shall so request and preserve as afore said it is my will that my
Executors sell accordingly and pay the proceeds if they shall collect them to my
said trustee
It is my
desire that what ever money my trustee may receive for the rent or the hire of
property according to the directions of this will if any shall be so received
and the Interest of money which he may receive under the provisions of this will
shall be so appropriated to the use and support of my said daughter Syntha
Rogers and her dependant children if any such she shall have during her life I
do also authorize and empower my said trustee if he shall receive receive any
slave or slaves constitution apart or all of the said Eighth shares to employ
him her or them in the service of my said daughter as he in the exercise of his
discretion may think proper or he may sell or hire him her or them as before
stated during the life or my said daughter Syntha it is my will that my trustee
shall from time to time appropriate and apply the proceeds
Page 120
and proffits
of the said Eighth shares of my Estate to the mantainance and support of my
said daughter Syntha and her dependant children if she shall have such or he
may pay them unto her own hands as herein his discretion may think best and
after her decease it is my will that the principal of the said Eighth share be
equally divided and distributed to the heirs of the said Syntha born of her
body and if any of her children shall be decease leaving Issue such Issue shall
be considered as representing his her or their deceased parents and shall be
entitled to receive such portion of the said Eighth share as his her or there
parents would be entitled to if living
5thly
But if my Executors shall find it impractable to make or agree upon such
division of my said Estate as it is herein before provided for it is my will
that they shall sell them hole of Estate both real an personal under such Rules
and regulations as they may think best and be able to agree on and if such sale
shall be made it is my will that each of my Executors here in before mentioned
and appointed shall have one eighth part of the proceeds of said sale of my
Real Estate as his share as his share and portion of the same it is my will
that the other five Eighths of the said proceeds shall be paid to my other
heirs in equal shares and portions according to the foregoing provisions of
this my will that is to say one eighth part of the said proceeds of said sale
Page 121
shall be paid
to the heirs born of the body of my deceased daughter Nancy who intermarried
with the said Mathew Bogle or to there guardian for there use and one eighth
part of the said proceed of said sale shall be paid to the heirs of my deceased
son John O. Cannon which were born of the body of his said first wife Caroline
or their guardian for their use and one eighth part of the said proceeds of
said sale shall be paid to the heirs born of the body of my deceased daughter
Martha Caroline with Nicholas N. Ernest or to their guardian for their use and
one eighth part of the proceeds of said sale shall be paid to the heirs born of
the body of my deceased daughter Mariah who intermarried with Joseph W. Ernest
or to their guardian for their use And it is my will that five hundred dollars
shall be subtracted form the remaining Eighth part of said proceeds of said
sale and that after paying my funeral expences out of the said five hundred
dollars the remainder shall be added in equal portions to each of the said
eight principal parts or shares including as well the eight part from which it
shall be taken as the other seven it is my will that this eighth part of the
said proceeds of the sale of my said Estate after it shall have been subject to
the subtraction and subsequent add on before mention shall be paid to the said
George Roger trustee before provide in trust for the use and benefit of my said
daughter Syntha Rogers during her life and after her death the principal to
divided and paid to her heirs born of her body according to the foregoing
provisions of this will
Page 122
Explanatory
remarks the reason why I have excluded the children of my son John O. Cannon by
his second wife from the provisions of my will is owing to an arrangement which
he in his life time told me he would for them requesting me at the same time to
confine the bequest I might make for the children of his to those of his first
wife
It at any
time it shall be the opinion of the said Trustee George Rogers that the
situation of my daughter Syntha requires an expenditure if a part of the
principal of the said eighth share hereby bequeathed to him in trust for the
use he may in his discretion make such expeniture
It is my will
that my Executors shall pay Legacies herein bequeathed and that where a
division or bequeath shall by this will become due to any of my grand children
whom ay be under lawful age the payment of what they may be entitled to shall
be made to their lawfully appointed guardian if such there shall be and in
default of there being such guardian it shall be retained in the hands of my
Executors until the said children shall be twenty one year of age or shall have
appointed for them
It is my will
that my Executors shall Execute this will without being required to give
security for the discharged of their service And I do here by revoke annul and
make void any other and all other wills and testaments by me heretofore made
Page 124
continued
This is a
Codicil to my last will to which I have heretofore made some changes and I now
declare and wish this to be taken as a part of my will and I wish the property
and bequests given to my Daughter Rebecca be so changed as to give it to her
only in trust and so much of it as may be necessary for her support I wish her
to use and the balance give to the heirs of her body after her death and that
my son in law James M. Sharp shall no control or management of the same as I do
not wish to invest in him any claim or right to the same.
Signed sealed
and acknowledged in our presence this 11th day of May 1868
Adam F.
Keener
his
William X Cannon
John
McCroskey
mark
See batch 5.
Page 125
Will of John
Wear
In the Name
of God Amen
I John Wear
of Sevier County and State of Tennessee being of sound and perfect Mind and
Memory blest be God so this 15th day of February in the year of our
Lord one thousand eight hundred and sixty Eight Make and publish this my Last
will and Testament in a manner following that is to say
1st
I give and bequeath to my Beloved wife Sally Wear all my Land and Stock viz all
my horses and Cattle Sheep and hogs and all other stock with my farming
utensils and Wagons Blacksmith tools Beef household and kitchen furniture and
my riful gun and what money I may have on hand and all notes and bonds after
paying all my just Debts and Funeral Expenses in trust for the use and support
for her and family while they Live with her until her youngest child Pleasant
Wear becomes of Lawful age then all the Land and other property to be sold at
Public Sale Except what the Law allows my wife and my Riful gun when my
youngest son becomes twenty one years of age then for him to have the afore
said gun I Enjoin it on my Executrix here in after mentioned after selling my
Lands and other property to divide the money that may arise from the sale there
of Equally between all my children share and share Equally alike between all my
children as well the half Blood as the whole and I do here make and ordain my
wife Sally Wear
Page 126
Executrix of
this my last will and testament in witness whereof I the said John Wear have to
this my Last will and Testament set my hand and seal in the presents of
Test
John Wear (Seal)
John W.
Sutton
his
Elbert X Huskey
mark
Page 127
A certified
copy of the Last Will of George Layfollet Deasce
In the name
of God Amen
I George
Layfollet being in body but sound in mind and Memory thanks be to God make my
last will and Testament in maner following Article first I want all my just
Debts paid
Article
Second I want to be buried in a plain and decent manner and be burried at
Wellses Chapel
Article 3rd
I want my beloved wife Elizabeth Layfollet to have all my land during her
natural life or widow hood
Article 4th
I want my wife to have all my horses to raise my children with
Article 5th
I want my wife to have all my cows hogs and sheep and all my household and
kitchen furniture and my Loose property over and above what pays my just Debts
Article
6 I want in order
to pay Debts to have my Black smith tools sold and one Rifle gun and the four
parts of the wood works of my wagon and the Iron to go on the same and if that
is not sufficient to pay my Debts I to sell my young horse I also wish to Sell
the Said property at twelve months credit
Article
7 I want my son
Jeremiah Layfollet to live on the place where he now Livs and have a part of
the ground to lend free as Long as him and his mother can agree
Article
8 I want at the
Decease of my wife or widowhood for my two youngest Son William and George to
have all my land the said Land to be Equally divided between the two
Page 128
Article
9 I want at the
decease of my wife or widowhood If ther should remain any personal property for
said property to Equally divid divided between my Daughters thats is to say my
Daughter Jane Susanna My Daughter Nancy Luisabeth My Daughter Margaret My
Daughter Salnar
Article
10 appoint my beloved friend
Nabour Michael Wells to be my true & lawful Executor and having Disposed of
all my worldly Concerns commit my soul to God who gave it and my boddy to the
dust from whence it came in witness where of I here unto set my hand and affix
my seal this twentieth day of August in the year of our Lord one thousand Eight
hundred and thirty Eight
Attest
his
George X Layfolett
T.
Mapsles
mark
Johnson Dobkins
State of Tennessee
)
Sevier
County
) I O. H. P. Hill
clerk of the County court of Sevier County do here by certify that the foregoing
is a true & perfect copy of the Last Last will and testament of George
Layfollett Deceased as copied form the Original will now on file in my office
In testimony
whereof I here unto set my hand and affix my seal of office at office in
Sevierville this 14th day of Sept. 1839
O. H. P. Hill Clerk
of Sevier County Court
Page 129
Will of
Hugh Blair Deceased
I Hugh Blair
of the County of Sevier and State of Tennessee do make and publish this my last
will and Testament hereby revoking and making void all former wills by me at
any time heretofore made )and first( I direct that my body be decently Entered
in a manner suitable to my condition in life and as to the worldly Estate as it
has pleased God to entrust me with I dispose of the same as follows )first( I
direct that my Debts and funeral expences be paid as soon after my decease as
posible out of any monies I may Die possessed of or may first come in to the
hands of my executors from any portion of my Estate real or personal
)Second( I give and bequeath to my wife Rachel all my real Estate with
the mansion House with all the appertainances there to belonging to be under
her management and for her use and maintainance during her natural life subject
to a provise here in after to be named for the Benefit of my Daughters
Elizabeth, and Catharine I also give her one horse beast one Cow ten head of
hogs ten head of sheep my Large family Bible and all the house hold &
kitchen furniture for her use in hereon right to dispose of the same as she may
think proper )second( I direct that my Daughters Elizabeth and Catharine have
their Mantainance for the proffits of the lands with the
Page 130
right of
occupying there up stair room with the privelige of the other Rooms of the
House as heretofore been allowed them during the time they may Live Single or
continue to reside with there mother
Third)
I direct that all the ballance of my personal Estate )to wit( Black smith Tools
Carpenter tools farming tools and Books and the ballance of the Stock be sold
and the monies arise in from same) after paying my debts and funeral Expences
be divided Equally amongst my heirs )fourth( I direct that at the decease of my
wife Racheal Blair that the lands be sold in seperate tract and the funds
ariseing from the same be divided Equally amongst My heirs (and Lastly) I
do here by make ordain and appoint my sons W. H. Blair & Robert H. Blair
Executors of this my Last will and testament in witness where of I Hugh Blair
the said testator have to this my last will written on one piece of paper set
my hand and seal this 28 day of July in the year of our Lord 1854
Hugh Blair
Page 131
Will of
Jonathan Brown
I Jonathan
Brown being of sound mind and in the fear of God do make and ordain this my
last will and testament hereby revoking all other wills by me at other time
made
1st
I give and bequeath to my Daughter Racheal Evans the following described tract
piece of Land to wit beginning on the Ridge at the end of the Dug Road on W T
Manis Line Running north west to the old Bars then west to the Corner of said
field then north East with said fence to the top of the Ridge at my cross fence
then with said line to the beginning supposed to be 35 Acres
2nd
it is my will that the remainder of my Land be sold & the proceeds be
applied as follows 1st defraying
my funeral Expences & the payment of such Debts as I may owe )3rd(
my will is that my Daughter Sally Eslinger have one hundred & fifty Dollars
out of the proceeds of the Land sale and my son Elijah Brown ninty five Dollars
but if the Land should not sell for that amount that they share it in that proportion
4th
My will is that my Daughter Racheal Evans have my household property
5th
Lastly I appoint W. M. Burnett my Execution to carrie out this my Last will and
testament
signed in our
presents this 19th day of June 1867
Attest
Jonathan Brosn
S. A. Rule
C. M. Hodges
Page 132
Will of Payne
McCleary
I Payne
McClary of the County of Sevier and state of Tennessee being sick and weak of
body of sound mind and disposing memory for for which I thank God and calling
to mind uncertainty of human life and being disposed to disposed of all such
worldly substans which I thank God which he has blessed me with, I Payne
McClary of the County of and State aforesaid do hereby make my last will and
Testament, manner and form following that is
First
I desire that amediately after my decease my executor collect all my
outstanding debts allso sell all my moveable estate and pay my burial expenses
and I desire that my administrator buy three tomb stones for Payn McClary his
wife and Jacob McCary. I desire that my daughter Martha Jane Underwood
have the land beginning near the mouth of the branch on the line then down with
the creek to the old mill is known as McClarys old mill, then north to the old
mill road running down the road to the cross fence between McClary and J. D.
Underdown then with the same to Martin Bales then with the same to Shields then
with Shields to the Big road up the big road to a corner near a pos oak, then
to the creek to the beginning. I give to Martha. Jane. Underwood. this
now with the other that I give her heretofore during the term of her natural
life with the remanders to the heirs of her
Page 133
boddy I also
give to her the household and kitching furnature. I bequeath and give to
Pleasant Underdown for love and affection Joining the lands of Wm. H. Underwood
two acres of land begining on my corner at the grave yard running to three
pines on the top of the ridge so as to make two acres to have to hold forever
Martha Jane Underwood is to have one half of my apple orchard for the turm of
eight years to be divided up the creek to take one row and leave one row until
it is divided I desire to give one acre of land for a grave yard being around a
stone wall their is fur stone corners to the same. I desire to give Jane
Hickman and her three youngest children a track of land lying on the south side
of the creek beginning on a line of Martha Jane Underwood at the creek, thence
down the creek to the old mill then south to the top of the bluff then with the
same to the river then up the river to Underwood line and then with the same to
three pines then with Pleasant Underdown to the grave yard then with the line
to the creek to the beginning which she is to have the benefit of the proceeds
to rase and school the children on until the youngest child comes of age but if
she marrys the land is to be taken from her and rented out and the proceeds
used to raise the children and school them Magnola. Hickman Jacob
Hickman Payne Hickman is the children is to be enjoyed by them forever
the mill seat at the mouth of dumpling
Page 134
on the river
running up the creek to the McClary old mill boundries by the lines on each
side of the creek the administrator has a rite sell at any time either private
or public sale. I desire that Ellen McClary have one thousand Dollars out
of the sales of my property in the eight district out of the Alelford track.
I desire that Martin Bales pay Ellen McClary one thousand Dollars the
said Ellen McClary daughter of Jacob McClary one Thousand Dollars with its
interest from the time he receive the same when she is twenty one years old or
at the time she marreys or at the time of her his discussion either in land or
money Just as he pleases I desire that all the pine timber on all of the
lands that I have to be sold from eight inches up only what I had already sold
I desire that when any of them or all of them pays up the rights be made right
off to all has bought of me. I desire that the land where Butler live is
to be sold and my part of the stills and fixtures I desire debts be paid up and
if lacks any is to come out the proceeds of the Land and I desire that Robert
M. Bales having gun after dewes is paid up and if any remainder left I desire
that it be propriated for building a church House near this place and if not
yoused for the purpose equil devided with my airs I desire that Martin Bales be
my
Page 135
administrator
of my last will and Testament were of I do acknowledge in the presence of this
witnesses that this my last Will and Testament acknowledge sin sealed and
witnessed the 4th day of May in the year of our Lord one thousand
eight hundred and sixty eight.
Payne McClary (Seal)
his
Robert X Bales
mark
his
Henry X Smith
mark
Page 136
Will of F. S.
Emert
In the name
of God Amen
I F. S. Emert
sound in mind and disposed in memory though feeble in body make this my last
will an testament in which I bequeath my Soul to God who gave it and my body to
its Mother earth and as to worldly affairs I desire that my funeral expenses be
paid in the next place I give my wife Malinda D. Emert that part of my farm
Lying next to William Mitchels during her Natural life beginning the Ironwood
and Maple Corner running up the river forty seven poles directly across the farm
so as to be the same with all the way back to the back line of the old survey
& to have two rod wide from William Mitchels line to the top of the
dividing then with said to the line of John B. Clarks heirs & then to have
both the fifty Acres more than my Robert R. Emert takes care of his Mother her
life time the dower is to be his otherwise the dower to be sold and the person
having charge of her to be paid out of the proceeds of the sale and in next
place I give my son R. R. the remainder of the old survey and the fifty acre
survey in the next place I desire that the remainder of the one hundred Acre
Survey be sold after giving Notice in writing at three or more public places in
the County
Page 137
and on such
terms as my Executors may think best and the proceeds of the sale to be divide
so that my son James D. Emert two fifths there of the surviving children
of my son Phillip S. Emert to have two fifths to be Equally divided among them
and my Daughter Sarah to have the remainder as to my personal property and
money on hand and debts owing to me I leave it all in the hands of my wife
Malinda D. her life time and after her death what is remaining to be sold
except the bedding and clothing which I leave for her to dispose of as she may
see proper and the proceeds of the sale to be divided in the same way as the
proceeds of the sale of the land and by this I revoke all other wills made
previous to this I appoint my son James D. and Robert R. Executors this the
twenty fourth day of February Eighteen hundred and sixty nine
Attest
F. S. Emert
Thos.
Langston
L. J. Graham
probated 7
June 1869 Record page 210
Page 138
State of
Tennessee Sevier County
April 24th
1869
In the name of God Amen
I will V.
Cumming being of Sound mind but feble health do make and publish this my
last will and testament first I will that my funeral Expence be paid together
with all my just debts
I will and
bequeath to my two beloved half sisters Margaret Jane and & Crancy Anar
Chambers one hundred Dollars apiece to be on Interest until the youngest comes
of age say twenty one years old money to be loaned and notes to be removed
every one or two years in case one dies the other to have the two hundred
Dollars in case they die before they come of Age I will that my Broth James
Chambers heirs shall have the money that I will to them to be Loaned as above
stated until his youngest child is twenty one years old I further will and
bequeath unto the heirs of Sarah E. Atchley all the balance of my Estate be the
same more or less money to be Loaned & notes taken every one or two years
and the money to be Equally divided distributed between the said Sarah
E. Atchley heirs when the youngest one of the said heirs is twenty one years
old I will further that Executor or Administrator be careful and take good
Notes in each case in which he Loans money or sells property & I also
further will that at my decease that the Executor or Adm. proceed to sell all
my property of every kind to the highest bidder
Page 139
on twelve
month credit for good money taking good notes for the same I have on hand
specic twenty three Dollars and Sixteen cents and in green backs two hundred
dollars I will that my Executor or Adm. take possession of the same and Loan it
as heretofore directed taking good and Solvent Notes for the same I have one
note on T D A Chambers my step father for one hundred and Seventy five Dollars
I will that here near said note at my decease and in four year the after if he
will give a good and solvent note for the same one other note on him must go as
other notes that is he must renew and secur it and I further will that my
Executor or Adm. take possession of all my accounts Notes and all my valuble property
papers & proceed to collect them or cause them to be secured and I further
will and appoint J H Atchley my Executor to this my last will and testament in
witness whereunto I have this day set my hand and seal
Witness
W. V. Cumming (Seal)
Thoasmas M.
Low
John Lindsey
I William V. Cumming do on this 3rd day of May 1869 make the
following alterations and additions to my will of 24th April last
first I will that my Executor shall have at my grave a set of good tomb stones
Page 140
placed at my
head and feet with proper Inscriptions there on to be paid for out of my Estate
2nd the note I have on T D A Chambers for sixty odd Dollars shall be
Equally divided between James my half Brother & my step father T. D. A.
Chambers said note due R. H. Hafely
3
I will to be the guardian of all my heirs my Executor J. H. Atchley
W V Cumming
witness
Thomas M. Low
John Lindsey
Page 141
Will of
William Hickman
I William
Hickman do make and publish this my last will and testament hereby revoking
& making void all other wills by me at any time made
1st
I direct that my funeral expences and all my Debts be paid as soon after my
death as possible out of any money I may die possessed of or may first come in
to the hands of my Executor or Administrator
2nd
I give & bequeath to my son Thomas Hickman a portion of the land that his
widow now lives on the Land that I made him a deed for & he is to have no
more of my Estate
3rd
I give & bequeath to my son Humphrey Hickman a portion of the land he now
Livs on the land that I made him a deed for and he is to have no more of my
Estate.
4th
I give and bequeath to my son William. T. Hickman the home farm where I live
the Land that I deeded to him and he is to have no more of my Estate
5th
I give and bequeath to my grand son Johnson Hickman one note of land that I
hold on William Hickman & made payable to me for the sum of two hundred
dollars Johnson Hickman is not to receive the money until he attains the age of
twenty one and he is to have no more of my Estate
6th
is my will that that the farm I bought from William said known as the Cate farm
be sold as soon after my death as possible and the money collected and all the
notes and accounts be collected also the money I may have on hand at my death
and the money
Page 142
divided among
my daughters Mary Pollard the wife of John Pollard Lavina Cate the wife of
Inyard Cate Elizabeth Snyder the wife of James Snyder Martha Bales the wife of
Noah Bales Sarah George the wife of Abner George Ellen Ruth the
wife of James Ruth Anna Cate the wife of J. H. Cate and Rebecca Petty the
wife of Marian Petty
Lavina Cate
has received one hundred & fifty Dollars in Land that I vowed to her at one
hundred & fifty dollars Mary Pollard has received forty dollars in a colt
that I vowed to her at forty dollars Elizabeth Snyder has received one hundred
in money Martha Bales has received one hundred in money
It is my will
that my Daughters that has not received any thing be made up equal and after
they are all made Equal I want the remainder of the money divided Equally among
them this 20th day of January 1869
his
William X Hickman (Seal)
mark
Signed sealed
& published in our presents and we have subscribed our Names hereto in the
presents of the Testator this the 20th day January 1869
witness
R. C. Thornburg
J. L. Haggard
Page 143
Last Will and
Testament of Daniel Duggan Decd.
In the name
of God Amen
I Daniel
Duggan do make and publish this my last & Testament hereby revoking and
making void all former wills by at any time heretofore made
1st
First I direct that my body be burried in a Christian like manner
2nd
2nd I will and bequeath to
my beloved wife Mary Duggan the possession and use of all my lands with all my
personal property or effects during her natural life after the Death of my
aforesaid wife my wish is that there be an Equal Division made between my
children, Elizabeth, Anna, James M., Archibald Mc., Mary, Sarah, Susannah,
Minirva, James George McCown, Catharine David, Wilson, Nancy & Malissa or
their heirs
Lastly
Lastly I appoint Absalom Allen my Executor of this my last will and
Testament
Whereunto I have set my hand and seal July 21st 1866
Daniel Duggan (Seal)
Signed sealed
and published in our presents and by request of the Testator
John Russell
John Kear
Page 144
Lat Will and
Testament of James P. Mahan
I James P. Mahan of the County of Sevier and State of Tennessee do make and
declare this my last Will and Testament as follows, To wit.
I Will and bequeath to my wife Nancy McMahan my Farm on which I live during her
life and at her death to be equally divided between all of my children To wit,
Robt. A. McMahan, Rebecca A. McMahan, William P. McMahan, Elizabeth McMahan,
Manda McMahan, Malinda McMahan, Percilla McMahan and Martha McMahan.
It is also my desire that my wife Nancy McMahan shall have for the use and
benefit of the family all my Personal property except special bequests. I
bequeath to Robert. A. McMahan the young Mare that he claims also saddle and
Bridle the said young Mare being with Foal if she lucks will I desire I desire
that my son William. P. McMahan shall have it and also the Black facing filly
that he claims with saddle Bridle. I desire that my Executors shall
collect all my debts & together with the money one hand and purchase land
with the same if practable and a good chance offers said land if purchased to
be controlled by my wife for the use of my family and at her death to be
equally divided between all my children above named but if not practable or if
a good chance does not present itself to buy land then in that
Page 145
case the
money on hand and debts collected shall be kept at legal interest in secure
hands except such part thereof as might be really necessary to be used for
raising and educating my children and as my children Marries or arrives at the
age of twenty one years they have five hundred dollars each. It is also
my desire that in case my sons Robert. A. McMahan and William. P. McMahan stays
and remains single with their mother and assists her in raising the small
children then they shall have seventy five dollars per year limited to ten
years from the present date for their service and if either of the boys marries
and continue with their mother or on the farm and assists as above stated they
are to have the seventy five dollars per year limited to five years from
present date. At the death of my wife I desire all my personal property
remaining to be equally divided between all my children above named.
I hereby appoint my wife Nancy McMahan and George M. Henderson Executors of
this Will
In testimony hereof I hereunto set my name and seal
James P. McMahan (Seal)
Singed in our
presence on this the 24 day of Dec. 1869.
Isaac Trotter
Nelson Fox.
Page 146
Will of
Robert S. Clark
I Robert S.
Clark of Sevier County State of Tennessee planter, do make and publish this my
last will and Testament hereby revoking and making void all former wills by me
at anytime heretofore made & first I direct that my boddy be decantly
Intered in said County in a manner suitable to my condition in life and such
worldly Estates as it hath pleased God to entrust me with I dispose of the same
as follows
First
I direct that my wife Easter H. Clark have a portion of my home farm during her
natural life as follows beginning on my & Butler corner of the cross
fence then running down the cross fence to the Branch near a south course then
up said Branch to a Beach then to R. S. Atchley line then Back to the conditional
line I sold to Henry Butler on the 14th of this Instant then with
the same to the beginning and I further bequeath unto my wife all my personal
Estate except what part I may here after direct to Wit My Daughter
Malinda Elizabeth I will that she have 1 side saddle 1 cow or heifer 2 head of
sheep I also will and bequeath to my Daughter Mary Jane Clark 1 side saddle 1
cow or heifer 2 head of sheep and also will to my Daughter Malisa Katharine
Clark 1 cow 1 side saddle and two head of sheep and also Easterben Clark I will
and bequeath him 1 cow or heifer & 1 side saddle & 2 head of sheep and
I also will to my son Robert Pleasant Clark to have a good Common Horse saddle
& Bridle when he arrives at the age of twenty one years and 2 sheep and I also
will to my son Wilson Crocket
Page 147
Clark a good
Common Horse beast 1 mans saddle & Bridle also 2 sheep I want my wife to
have all the money left after paying my Debts and funeral Expences &c my
will is that the peace of land my son James lives on be sold on 12 months time
say about 60 or 65 Acres and also some 15 Acres between birds creek and the
river also a piece of land on Webbs creek also the above tracts to be sold on
12 months time as stated above and also my Big Bay mare to be sold on the same
terms. I do here by make ordain and appoint my Estemed sons James M.
Clark & Federick E. Clark executors of this my last will and testament in
witness where of I Robert. S. Clark the said testator have this my will written
on one sheet of paper Set my hand and seal this 15th day of
September 1870
Attest
R. S. Clark (Seal)
J. C. Murphy
R. S. Atchley
Page 148
Will of Isaac
Trotter
State of
Tennessee )
Sevier County
) I Isaac Trotter
of the State & County, above written do make ordain & publish this my
last will and testament, viz
Item 1st
it is my will that as soon as practable after my decease that my burial
expences with all my debts be paid
Item 2nd
I will and bequeath to my dear wife Mary A. Trotter all my property, both Real
and personal Estate during her natural life and to be equally divided among all
my children at her death provided she live until the youngest child shall arrive
at twenty one years of age, but not, to be divided until they youngest child in
twenty one years of age if she the said Mary A. Trotter, should die sooner.
Item 3rd
It is my will that as each of my children arrives at the age of twenty one
years they shall be furnished with a horse bridle & saddle, if it is
practable to do so, but if not practable to give each child a horse briddle
& Saddle at the time above stated, without matereally discomfitting my wife
Mary A. Trotter; it is my will that the same shall be done as soon afterwards
as practable and if a horse cannot be distributed to all at their arrival at
twenty one years of age nor before the finel division of my Estate they who may
not have recieved a horse briddle and saddle shall then be made equal with
thouse who have
Item
4"
If my son A. C. F. Trotter shall see proper to take the management of the farm
for my wife it is my
Page 149
will that he
shall have for his services one half of the proceeds of the sales of the
surplus produce raised on the farm. In all cases, keeping enough one
hands for the succifient cultivation of the farm and for the use & clothing
of the family and that all sales shall be with the consent of my wife.
Item 5th
If the said A. C. F. Trotter should accept the proportions or stipulations of
Item 4th of this instrument It is my will that he continue in the
management of the farm five years and in case my wife Mary A. Trotter should die,
it is my will that he remain in the management of the farm as stipulated above
for the term of ten 10 years if he should see proper to do so commencing with
the year 1871 or the products of that year.
Item 6th
I hereby appoint my son A. C. F. Trotter and my wife Mary A. Trotter executors
to this will
In witness
whereof I hereunto sign my name this 6th day of July A. D. 1870
Isaac Trotter
made and
signed in my presents on the day it bears date
J. A.
Trotter.
The above was
exhibited to and acknowledged before me by the testator Isaac Trotter, who
requested me to witness it this the 16th day of Sept. 1870
M. W. McCown
Page 150
Will of
Benjamin J. Tipton
I Benjamin J.
Tipton in the county of Sevier and State of Tennessee, being of sound mind and
memory, do hereby make and publish this my lat will and testament, in manner
and form following, that is to say,
First, after
all my lawful debts and funeral expenses are paid and discharged, the residue
of my Estate real and personal I give and bequeath and dispose of as follows
(to wit) To my beloved wife Nancy I give as follows, the use of the one hundred
& sixty acre tract of land with its appertainances on which I now
reside. Also one tract called the forty acre tract, bounded by the lands
of J. M. Sharp, James Chandler & others, during her natural life. I
also give my wife Nancy all my household and kitchen furniture, all of said
household & kitchen furniture she may use & dispose of as she may wish
or desire, also of the stock on hands. I give her the choice horse beast,
choice cow, six head choice sheep, six head stock hogs, also the poultry on the
farm, also all the monies on hands after my debts & funeral expenses are
paid, also all the grain, fodder, & bacon on hands. I direct that my
son Caswell C. Tipton shall have to his use the 160 acres tract above named
after the decease of my wife on the following conditions (to wit)
Page 151
I direct that
he pay rents during my wife's life time. Say the one third of the crops
& that he be paid out of the rents for all necessary repairs &
improvements that he may make & do the piece of land he is now clearing is
& will be his without rents, also that said Caswell C. Tipton pay to my
Executors hereafter named the sum of four hundred dollars, 100 to be paid each
year until the 400. dollars be paid. I direct that after the other
business of my Estate is settled and after the death of my wife, that the 40 acre
tract of land above named be sold to the one of my heirs that will pay the most
money for it. My son-in-law Boyd Johnson will have three years of lease
and during my wife's lifetime on what he has cleared on said 40 acres
tract. I further direct that my daughter Victoria Johnson be allowed a
horse valued at $1.50 dollars, that she now is the proper owner of said
horse. I direct further that of the monies that come into the hands of my
Executors that there be paid to my daughter Lucinda Cusick two hundred dollars,
to my daughter Elisabeth Cusick one hundred dollars, to my daughter Victoria
Johnson two hundred dollars, each of the three above named to be paid out of
the first monies that may come to the hands of my Executors.
I further direct that the sum of two hundred dollars
Page 152
be held by my
Executors as a trust fund for the use of my daughter Victoria Johnson to be
paid to her with Interest as they in their judgment shall think most for her
and her Husband's benefit.
I direct that my Executors pay out of my monies remaining in their hands, after
paying the amounts named above, to my son Thomas D. Tipton the sum of two
hundred dollars.
If monies
still remain after all the above amounts are paid, that they be equally divided
between all my heirs. The reason why I have not directed that my daughter
Mary Pickens, Lucy Thompson & Margaret Thompson have special amounts in
this my last will, is that they have received what will be their part of my
Estate, except as above directed. I also direct that my Executors shall
sell all my personal Estate except what I have above willed & bequeathed
the proceeds of said sale to be applied as above directed.
and, lastly, I do hereby constitute and appoint Andrew Cusick & E. S.
Thomas Executors of this my last will and testament, hereby revoking all former
wills or testaments by me made.
In testimony
whereof I have here unto set my hand & seal this 13th day of
March in the year one thousand eight hundred and seventy one.
Benjamin J. Tipton (Seal)
Page 153
Signed &
sealed in the presents of
James M. Wade
C. Johnson
Page 154
Will of
George Rimal
I George
Rimal of the county of Sevier and State of Tennessee do make and establish this
my last will and testament.
First, it is
my will that all just debts that I may be owing at the time of my death, and my
funeral expenses be paid out of the first moneys that may come to the hands of
my Executor.
Second, It is
my will that, should my wife Sarah in the event she should survive me have her
support and maintainance out of my lands and have control of my dwelling house
and out buildings, and also all the personal property that I may have for and
during her natural life.
Third
It is my will that my daughter Nancy Jane shall have all my personal property
that may be on hand after the death of both myself and my wife Sarah.
Fourth
It is my will that my daughter Lidia Margaret have three hundred dollars out of
my estate to make her equal to what I have heretofore given off to my other
children.
Fifth
It is my will my son John have the tract of land known as the William
Richardson tract lying between where I now live
Page 155
and R. W. Crowsons,
supposed to contain about one hundred and forty six acres.
Sixth
It is my will that my son William shall have the farm where I now live
containing about one hundred & fifty acres and also a fifty acres Entry
adjoining the same, and also my interest in a five hundred acre entry I made
adjoining the above mentioned fifty acre Entry.
Seventh
I also will and bequeath to my daughter Polly Burns the upper end of the farm
that W. C. Burns now lives upon the division line to commencing on the old line
next to V. Mattox and running to a walnut in a clift of rocks near a spring
then running with the lane to a white oak at the upper side of the road then a
straight line through the timber lane to Cammerons line.
Eighth
I also will and bequeath to my sons John & William two thirds interest in
my mills.
Ninth
I also will and bequeath to my daughter Nancy the other third interest in the
mills for and during her natural life, and at her death said interest in the
mills to go to, and rest in my son John.
Tenth
I also will and bequeath to my daughter Nancy one half interest in the land
lying below the conditional line mentioned seventh article of this will, and
above Crowsons also a half interest in
Page 156
a tract of
timber land lying adjoining Thos. Walkers supposed to contain 75 acres to have
and to hold
for and during her natural life, and at her death to decend to and rest in my
son John, and in the division of said land I want it divided so as to give to
my daughter Nancy the lower end including the buildings.
Eleventh
I also will and bequeath to my daughter Lydia Margaret the remaining half
interest in the two last mentioned tracts (not including the mills)
Twelfth I
also give and bequeath to my sons John and William all my interest in a five
hundred acre tract that I purchased A. A. Coulter and also three hundred &
fifty acres adjoining Franklin Bryan and above him, and also the tract of land
back of the mountains where Joseph Cooper now lives containing about 72 acres.
Thirteenth
I also will and bequeath to my two sons John & William all my interest in a
tract of two thousand acres on the waters of Cany but in the event valuable
minerals should be found on said land that the mineral interest should decend
to all my children equally.
14th
It is my will that all monies on hand and debts due me after my estate is
settled to be equally divided between all my children
Page 157
or their
representatives.
I have
heretofore advanced to my daughter Rebecca Andes in place of an interest in my
lands. I hereby constitute and appoint John Rimal my Executor to execute
this my last will and testament
Witness my
hand & seal this 7 day of February 1871
George Rimal (Seal)
Signed &
sealed in our presents and attested by us at the request of George Rimal this 7
day of Feby 1871
A. P. Rawlings
M. W. McCown
Page 158
Will of Ruben
Hatcher
Know all men
by these presents that I Ruben Hatcher of the County of Sevier and State of
Tennessee being of sound disposing mind and memory do make and publish this my
last will and testament
First
I bequeath to my beloved wife Martha all my property provided she out lives me
and remains in widowhood all that I own is to hers so long as she lives that
is, all my property that is personal.
Second
I bequeath to my four Daughters girls all the live stock that may be on
hand of my own after the Decase of my self and my wife such as horses Cattle
hogs sheep &c also all the household & kitchen Furniture to be divided
Equally between my for Daughters Poly Cotter Huldah Huskey Rachel Green
& Nancy Abbott: It is also my will that Polly Cotter & Huldah
Huskey divide whatever amount may be of the above named property after the
death of me and my wife in to four parts as near equal as they can then Nancy
take first choice and Rachel the next and Huldah and Polly the others so that
Justice may be done and all satisfied.
Page 159
thirdly
It is my will that after the decease of my self and wife that my sons Ruben and
James shall have all my farming untensils that may be on hand such as waggons,
smith Tools and every thing of the sort that may be on hand after the Decease
of my self and my wife and it is my will they be divided equally between my two
sons, James and Ruben.
Fourthly
I ordain and appoint my son Ruben Hatcher Executor of this my last will and
testament and he should not live I ordain appoint my son in Law William E.
Cotter Executor of this my Last will and testament In testimony where of I have
here unto set my hand and seal and publish and declare this to be my last will
and testament this the 13 day of March 1866
Ruben Hatcher (Seal)
Attest
James D. Lawson
Page 160
Will of
Frankling Bryan
I Frankling
Bryan of Sevier County and State of Tennessee being weak of boddy but of sound
mind and disposing memory and being desireous to dispose of what earthly
substance it has pleased God to bless me with do make and publish this my last
will and testament
First
I direct and request that I be decently intered according to my situation in
life and that my Funeral expense be paid as soon after my decease as sible by
my son Joseph and
Second
I direct give and bequeath to my wife Susanah all my house hold and kitchen
Furniture and my Black mare with all my other personal property and also the
use and occupation of all my Interest landed property dure her natural life and
widowhood
third
and at the death of my wife Susannah my will is and so direct that my son
Joseph shall have all my real estate with all the appertances there unto
belonging by him paying in consideration there fore fifty dollars to each one
of my other five sons John Paton William David and Luvator or thier heirs and I
also enjoin it on my said son Joseph to furnish each one of my Daughters Hetty
J. Nancy H. & Sallie C. as they may need it with a common and respectable
Horse beast and also to raise a colt for each of my youngest sons David and
Lavater and my William is to the colt
Page 161
now with my
Black mare I do here by make ordain and appoint my wife Susannah and son Joseph
Executrix & Executor of this my last will and testament witness where of I
Frankling Bryant the said testator have this to my last will written on sheet
of paper set my hand and seal this 9th day of June in the year of
our Lord one thousand eight hundred and seventy one
his
Frankling X Bryan
mark
Signed sealed
and published in the presents of us who have subscribed in the presents of the
Testator and of each other
John
Mullendore
John Rimel
William Rimel
Page 162
Will of Henry
M. Thomas
I Henry M.
Thomas of the County and State of Tennessee do make an constitute this my last
will and testament
First
It is will that my wife Sarah Thomas have all my estate both real and personal
of every kind for her use and benefit for and during he natural life except my
Town lot herein after to be disposed of
Second
It is my will that at the death of my wife Sarah that my two sons McKindre P.
Thomas & P. H. Thomas have my lands lying in the 5 District of Sevier
County requiring them to pay the following amounts to my other heirs viz.
Nine hundred
dollars to my Daughter Penelopy Felker Nine hundred Dollars to the
children of my Deceased Daughter Eliza Hammer & two hundred to the children
of Deceased Daughter Sally Rineheart the above amount to be paid with out
Interest within one year after the Death of my wife
Third
It is my will that at the death of my wife that all the personal estate
and money remaining on hand be equally divided among all my children or there
decendants.
Fourth
It is my will that after my Death that my Executors sell my town lot at either
public or private sale as they may think best and appropriate the proceeds of
said sale first to the payment of my funeral expenses and any just Debts that I
might then be owing
Page 163
and any
necessary expenses that may be insured in winding settling up the
my business and to pay the remainder to my wife for her use and benefit
fifth
It is my will that should my wife at any time be unable from affliction or
other wise to attend to carrying on the farm that Executor assist her in
attending to It.
Six
I do here by appoint my two sons M P Thomas & P. H. Thomas my Executors to
execute this my last will and testament witness my hand and seal this 11th
day of Feb. 1869
H. M. Thomas (Seal)
the above
will was signed and acknowledged in our presents and attested by us at the
request of the testator this 11th day of Feb. 1869
M. W. McCown
Isaac Trotter
Page 164
Will of
George McCown
I George
McCown of the County of Sevier and State of Tennessee Do make and ordain this
my last will and testament
Item
first I will and
bequeath to A. M. McCown Arther McCown a ceratin parcel of land described
as follows to wit, Beginning on a Saven or Cedar on the South Bank of the big
ditch where it empties into the river, thence running up said ditch, on the
south of said ditch ten feet from the top of the Bank of said ditch to the
mouth of the Small ditch where it empties into the big ditch thence up the south
west side of said ditch ten feet from the top of the South west bank of said
small ditch to six rods beyond the upper end of said ditch, running the same
direction of said ditch thence a direct line to the forks of the middle creek
and Lewis Road thence with the Lewis Road to extreme southern corner of a fifty
Acre entry No 9013 made by and granted to me by the State in the 1824, thence
running with the lines of said fifty Acre entry so as to include said entry in
with the John Thomas tract of land upon which I now live thence running with,
the lines of a twenty and half Acre entry No. 15887, made by me and granted to
me by the State of Tennessee in the year 1827, running so as to include said
entry in with the John Thomas tract of land. All of said tracts of land
to be equally divided between the said A. W. McCown and Arther McCown at the
time the said Arther McCown arrives at the age of twenty one years.
Page 165
according to
equality and quantity divided in value by two disinterested persons until which
the said A. W. McCown is to have the use of the long field, laying on the
middle creek road and all the enclosed land on the south side of the said big
ditch in the tracts of land heretofore named rent free with the privilege of
using timber on the heretofore described lands to keep the same in repair the
said A. W. McCown being required to pay one third of the taxes on all of the
heretofore described lands and keep in repair the fencing around the lands that
he gets rents free.
Item
Second I desire that the guardian of Ather McCown shall
have the controls and management of the lands, heretofore named for the
purposes of applying the proceeds of the same to the boading clothing and
educating the said Arther McCown, until he arrives at the age of twenty one
years or marries, excepting the lands that the said A. W. McCown gets sent free
and should the said A. W. McCown abandon the same or attempt to sell or lease
the said lands I desire that the guardian of Arther McCown shall take the
control and management of the same and apply the proceeds to the use and
benefit of the said Arther McCown.
Item
third I will and bequeath
to John P. McCown Penelope Rogers Caroline Nichols Matilda
Nicols George McCown and M. W. McCown the balance of the Porter tract of
land not heretofore disposed of in this will and a deed to M. W. McCown all of
which to be equally divided between the said John P. McCown Penelope
Rogers, Caroline Nichols Matilda Nichols George McCown and M. W.
McCown.
Item
Fourth I give and bequeath to Arther McCown my
Saddle also one fourth of my Books counting the volumes, his guardian
Page 166
making the
selections also one good Bed clothing and bed stead to be selected by his
guardian. Also my gray horse to be sold and the proceeds to go into the
hands of his guardian to be used in purchasing the said Arther McCown a horse
the proper time. It is Also my desire that my best waggon and waggon
Harness, be left for the use of that part of the farm willed to A. M. McCown
and Arther McCown until Arther McCown arrives at the age of twenty one
years. I have given to A. M. McCown, my two Horse plows and two shovel
plows. Also two plows of plowing gears with collars. Also two
weeding Hoes one Matlock Also one Kettle and oven.
Item fifth
I will and bequeath to A. M. McCown and Arther McCown one hundred dollars each
to be paid to them out of my personal estate.
by my
Executor the hundred dollars to Arther McCown to be paid to his guardian said
guardian to pay two thirds of the taxes on that part of the lands willed to A.
M. McCown and Arther McCown. It is my desire that all of my personal
estate not specially disposed of in this will shall be equally divided between
John P. McCown Penelope Rogers Caroline Nichols Matilda Nichols
George McCown and M. W. McCown
I hereby appoint M. W. McCown my Executor, I also appoint Isaac Trotter
guardian for Arther McCown
In testimony
hereof I hereunto set my hand & seal signed & sealed in our presence
Page 167
this 21st
day of Feb. 1870
George McCown (Seal)
Isaac
Trotter.
P. H. Thomas.
Aron A.
Runyean.
I, George
McCown of the County of Sevier and State of Tennessee, Do make and ordain this
as a codicil to my last will and testament -
First
It is my will that all my books not heretofore disposed of
in my last will be equally divided among my heirs
School book
which have heretofore been given to my heirs, I do not desire that they be interfered
with atall
In witness hereof I set my hand and seal this 30th day of March A D
1871
Attest
George McCown (Seal)
M. P. Thomas
Page 170
Will of
Thomas Maples
In the name
of God amen
I Thomas
Maples of the County of Sevier and State of Tennessee make and publish this my
last will and testament hereby revoking and making void all former wills by me made
heretofore made
first
I direct that my boddy be decently Intered at Bethel Meeting grave yard beside
of my beloved wife Decease Lidia Maples I further direct that my grave with my
wife and colored girl Jane be enclosed by paling and cover with shingle roof
and my Estate pay such Expenses
Second
My will is that my Daughter Charlotty Law have one hundred Dollars over &
above the Land where she lives
Third
My wish and will is that my son P. W. Maples to have the land where on he lives
that belongs to me and twenty dollars the balance of a horse I sold to him and
my son G. M. to make a title to said land for which for which I have band in
part but If he refuses that to sell the land and make him Equal with the rest
of my heirs to wit Lydia Frazer Mary Emert Louisa Emert Thursa
Maples G. R. Maples S M Maples Charlotta Law
third my will
and wish is that after my Death Decease that all my money due and owing
be collected and be Equally divided between my above named heirs
Page 171
Lastly
I here by Nominate and appoint my son G. R. Maples to execute this my last will
and testament In witness I have hereunto set my hand my hand and seal this the
11th day of November 1865
Attest
Thomas Maples (Seal)
C. W. Catlett
B. M. Atchley
Will of
Christopher Shrader
State of
Tennessee )
Sevier
County
)
I Christopher Shrader 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 direct that my funeral expenses and all my debts be paid as soon after my
death as possable out of any money that I may die possessed of or may come in
to the hands of my Executor
Secondly
I give and bequeath to my beloved wife Mary Shrader all the real and personal
Estate to have and to hold as long as she lives and at her death I wish my real
Estate divided Equally between my son Henry Shrader and my Daughter Anna Wells
wife of Levi Wells by the said Henry Shrader and Levi Wells paying one third
the value of the real Estate to son Washington Shrader
In witness
where of I do to this my will set my hand and seal this 10th day of
June 1871
Test
Christopher Shrader (Seal)
N. M. Baker
B. N. Baker
Page 172
Signed sealed
and published in our presents and we have subscribed our names here to in the
presents of the testator this 10th day of June 1871 in the presents
of the testator
N. M. Baker
B. N. Baker
Probated
Jany. 1 1872
Page 174
Will of Mary
Henderson
I Mary
Henderson of the County of Sevier and State of Tennessee do make and publish
this my last Will and Testament
First
It is my will and request that my son Elijah Henderson take care of and support
me and take care of my property while I live for which it is my Will that he be
paid for his trouble and expenses out of my estate.
Second
I will and bequeath to my Grand daughter Rachel Henderson for her care and
attention to me, one of my best beds, bed stead and furniture.
Third
I will and bequeath to my son John Henderson my bed that I sleep on and
furniture.
Fourth
It is my will that the balance of my estate both money property and debts owing
to me be equally divided by my executor between all my living children after
paying all expenses and just charges against my estate under such regulations
as my Executor may think best
I hereby
appoint my son Elijah Henderson Executor of this my last will and testament
Given under my Hand and seal this 15th day of April 1872
Witnesses
her
Mary X Henderson (Seal)
M. W.
McCowan
mark
Terressa A. McCowan
Page 175
Will of Sarah
Atchley
State of
Tennessee )
Sevier
County
) Know all men by
these Presents that I Sarah Atchley, have this day willed and do hereby will
and bequeath to Sinthy Atchley Colored formly my house maden I do here by will
and bequeath to the said Sinthy one Milk cow one Sow & pigs and three head
of hogs for meat and so much of the house hold furnature as she wants and also
will and bequeath to Treasey Chance and J. Right all the balance of My hogs to
be divided between them and I will that Treasey Chance takes the deeds of my
land and that she support Sinthy off of the proceeds of the farm Now I Sarah
Atchley being verry feeble but in my right mind hav made this above written my
last will and testament in witness where of set my hand to sign this the 11th
day of October, 1872
her
Witnesses
Sarah X Atchley
mark
R. H. Trotter
M. C. Stover
John Robers
Jesse Hill
Page 176
Will of R. A.
McMahan
I Robert A.
McMahan do make and publish this my last Will and Testament
1st
I desire that my funeral expenses, and all my debts be paid as soon after my
death as possible out of any money that I may possessed of or my first come in
to the hands of my Executor
2nd
I Will and bequeath to my wife Nancy J. McMahan all the money that is on
Interest after paying my debts and also my part of the money from my Father
James P. McMahans estate after my Mothers death, the above bequeath is to my
wife Nancy J. McMahan as long as she remains my widow, if my wife Nancy J.
McMahan should marry again then the above bequeath to my daughter Allis T.
McMahan
3rd
I desire that a sufficient amount of the above named money to retained to rase
and educate my air on heirs
4th
I Will to my wife Nancy J. McMahan my undivided intrust in my Fathers landed
Estate as long as she remains my widow
I do hereby
nominate and appoint E. M. Wynn my Executor in witness whereof I do to this my
will set my hand and seal this 23 day of June 1872
Attest
R. A. McMahan (Seal)
Nelson Fox
John Snapp
Page 177
Will of John
C. Yett.
On the 6th
day of April A.D. 1873, we the undersigned were called upon, at the House of
Dr. N. T. Krouse in Sevier County Tenn; by the late John C. Yett, of Sevier
County to bear witness to declarations that he wished to make, with a request
that the same be reduced to writing within the time prescribed by law, so as to
constitute a Nun Cupative Will, and then and there the said John C. Yett
did make the following declarations
Item 1st
It is my wish that all of my just debts shall be paid
Item 2nd
It is my Will that my wife shall have a support out of my estate.
Item 3rd
It is my will that my daughter Mary shall have $1250.00 Twelve hundred and
fifty dollars in the price of the farm bought for her and the balance of the
purchase money of said farm, shall be paid by her or her husband
Item 4th
It is my will that the ballance of my property be equally divided between my
Five children at home
Item 5th
It is my will that my two sons who are in Texas shall not come in for a
division of my property, they having received more than their share
(Over)
Page 178
Will of J. C.
Yett.
Item 6th
It is my wish that the County Court of Sevier appoint some competant man to
execute this will
Done this 12th day of April 1873
Signed
A. A. Coldwell
N. T. Krouse
J. L. Haggard
Page 179
Will of A. A.
Trotter
I Archibald
A. Trotter being of sound mind and disposing memory and reasonable health of
body, but being imposed with the uncertainty of life and the certainty of
Death; do make and ordain this my last Will and Testament
Item 1st
I desire that as soon as practible after my decease that all just debts that
may come against me or my Estate may be paid
Item 2nd
I desire that my wife Rebecca M. Trotter, shall have the control of All my
Personal property during her life or widowhood for her benefit and maintainance
and for the benefit and maintainance of those of my Daughters who may see
proper to remain with her on the place.
Item 3rd
I also desire that all the property that my wife possessed at our Marriage may
be considered her property that she have the right to dispose of the same as
she may see proper, that my children shall not claim any part of the same.
Item 4th
Desire that my wife shall have the control of my farm during her life or
widowhood, for her maintainance and the maintainance of those of my daughters
who may stay with her on the place. I also desire that after the death of
my wife that the lower end of my farm containing two hundred and twenty seven
acres which has been run out by J. A. Trotter county Surveyor shall be
Page 180
the absolute
property of my three daughters viz: Martha Jane Nichols Dolly
Trotter, and Jemima C. Trotter that if either of my Daughters Just named should
leave the place then they are to have no part of the land above named but they
are to have equal shears with my other heirs in my personal property and the
upper end of my farm, and the two hundred and twenty seven acres to be the
property of those of them that may remain on the place with my wife
Item 5th
I desire that at the death of my wife or the end of her widowhood that all my
personal property which may remain may be sold and equally divided between all
of my heirs not heretofore provided for, or hereinbefore mentioned and also
that the upper end of my farm containing one hundred and sixteen acres to be
sold and the proceeds divided likewise.
Item 6th
I hereby appoint my son William Henry Trotter and Andrew Nichols my Step son,
Executors of this Will. In witness hereof I hereunto sign my name on this
the year of our Lord one thousand eight hundred and sixty six
Attest
Archibald A. Trotter (Seal)
Isaac Trotter
D. W. Trotter
Page 181
Codicil
I Archibald
A. Trotter do hereby make and ordain this codicil to the above my last Will and
Testament
Item 1st
I will that so much of Item 4th of the above will as binds my
Daughter Jamimy C. Trotter to remain with my wife Rebecca Trotter in my farm be
hereby Revoked and I hereby revoke the same and will that my said Daughter
Jamimy C. Trotter shall have $200.00 two hundred dollars paid to her by the
other heirs, to whom th lower end of the farm is willed in Item 4th
or that she shall have one third of said lower end of my farm if the other heir
or heirs to whom it is willed refuse to pay her said sum of money, $200.00 and
that she shall have the same whether she makes her home upon the farm or
elsewhere.
Item 2nd
I will that after my death my Executors procure three sets of common plain
marble Tombstones with suitable Inscriptions to mark the last resting place of
myself, my first wife Sousanah Trotter and my present wife Rebecca M.
Trotter. I also will that they procure a set of Tombstones of the above
description and place at the grave of my daughter Mary Webb and pay for the
same out of money falling to said Mary Webb heirs
In witness
whereof I hereunto set my hand and sign my name this the 5th day of
October in the
Page 182
year of our
Lord one thousand eight hundred and seventy One
Attest
Archibald A. Trotter (Seal)
J. A. Trotter
Attested at
the request of Archibald A. Trotter this 15th Feb. 1872.
M. W. McCown
Page 183
Will of
Elizabeth Stover.
In the name
of God Amen.
I Elizabeth Stover do make and publish this my last Will and Testament, hereby
revoking and making void all former Wills by me at any time heretofore made
1st
I direct that by Boddy be draped in black and buried at Jones Chapel Grave
Yard.
2nd
My wish is that all my Just debts be paid as soon as possible after my decease.
3rd
My wish is that my Daughter Louiza Stover have two mares, one a bay and the
other a sorrell, One Cow. After my said Daughter Louiza gets what
household and kitchen furniture that already belongs to her my wish is that my
Household and Kitchen furniture be equally divided between my four Daughters
Louiza Stover, Anna Burchfield, Mary M. Newman, Barsheba Trotter should they
disagree in said division, my wish is that my Executor appoint two or three disinterested
persons to make said division
4th
My wish is that my Son John Stover's four children, Margaret E., Lorretta V.,
James M., Magnola Ann, have One hundred dollars to be equally divided among
them.
5th
My wish is that my land be Equally divided between Anna Burchfield, Louisa,
Mary M. Newman, and John Stover's four children as heretofore named.
6th
My wish is that my son John Stover have ten dollars
7"
My wish is that my Son M. C. Stover have ten dollars.
Page 184
Will of
Elizabeth Stover
8th
My wish is that an obligation I hold against Lorenza D. Stover dated November
24th 18742 for Sixty five dollars, that his heirs have said
obligation and my Executor is directed to hand over said obligation when he
gets a Receipt for the same.
9th
My wish is that my waggon farming utensils with all other perishable property
that may be on hand at my death not heretofore willed be sold on a credit of
twelve months, and after paying Legaleys and Expenses the proceeds of said sale
with all the notes accounts or money on hand be equally divided between my
children except Lorenza D. Stover, M. C. Stover & John Stover.
Lastly
I hereby appoint Daniel Allen my Executor of this my last will and
Testament. This April 2nd 1874
her
Elizabeth X Stover
mark
Signed sealed
and we have hereunto subscribed our names by request of the Testator and in the
presents of each other and in the presents of the Testator
Witnesses
Joshua
Atchley
Jesse Hill.
Page 185
Will of Mary
J. McMahan
Non cupative
Will of Mary J. McMahan
We George M.
Henderson & Sarah Henderson being especially requested to bear witness to
the non cupative Will of Mary J. McMahan, who stated that it was her will that
all her estate after paying her just debts be equally divided according to
value between her four children to wit, Corry V. Henderson, Isaac N. McMahan,
Sarah R. McMahan & Samuel W. McMahan, that the property in the house to be
divided and valued by Sarah Henderson & Marusa McMahan and the other
property to be valued and divided by Geo. M. Henderson P. W. Y.
Henderson, that it was further more her will that Corry V. Henderson &
Isaac N. McMahan each have a horse at their value, that Isaac N. & Samuel
W. each have a good bed with sufficient clothing at their value, that Isaac N.
to have the Bureau at its value, that Corry V. to have the cooking stove and
china Press at their value, the balance of the property in the house to be divided
between Corry V. & Sarah R. and taken at its value, and the farming
utensils to be divided between Isaac N. & Samuel W. and to be taken at its
value and that her four children to be made equal with money
6 July 1874
G. M. Henderson
Sarah Henderson
Page 186
Will of D. W.
Layman
In the name
of God Amen
I D. W. Layman make and publish this my last will and Testament hereby revoking
and making void all former wills by me at any time heretofore made
1st
I direct that my body be buried in manor suitable to my condition in life
2nd
I My wish is that all my just debts be paid as son after my decease as possible
out of any monies that I may die possessed of or first come into the hands of
my Executor.
3rd
I will and bequeath to my beloved wife Mollie F. Layman all my household &
kitchen furniture with my little Library and clock
4th
I will to my beloved wife Two milk cows also one ball faced Sorrel mair.
5th
My will is that all my personal property not heretofore bequeath with all my
lands be sold upon such terms and conditions as my Executor in his Judgment
thinks best having in view the best interest of my beloved wife and son Frank
6th
I further direct that all monies which shall be left in the hands of my
Executor after the payment of my debts, be invested in lands
Page 187
Will of D. W.
Layman
according to
the Judgment of my Executor he regarding the wish and best interest of my
beloved wife Except such an amount as my in the Judgment of my Executor be
necessary to defy the current expenses of my wife from the date of my Decease
until she shall be put in possession of the lands alluded to in the above
investment.
7th
My will is that my beloved wife retain the possession above alluded to During
her natural Life or Widowhood.
8th
My will is that after the death or Marriage of my wife that my son Frank have
said lands.
9th
Lastly I hereby appoint J. M. Layman my Executor.
Signed sealed and bublised by me this Nov. 29, 1873
D. W. Layman
Witnesses
William
Lethco
John Russell
Page 188
Will of John
Fagala
Know all men
by these presents that I John Fagala of the County of Sevier and State of
Tennessee being in feeble health but of sound and disposing mind and memory do
make and publish this my last will and testament hereby revoking all former
wills by me at any time heretofore made.
And as to my
worldly estate and all the property real personal or mixed of which I shall die
seized and possessed or to which I shall be entitled at the time of my decease
I devise, bequeath and dispose there of in the manor following to wit
First my will
is that all my just debts and funeral expenses shall all by my Executor
heretofore named, be paid out of my estate as soon after my decease shall by
him be found convenied.
I give devise
and bequeath to my beloved sister Catherine Fagala all my household and kitchen
furniture two cows and calf and a chaise horse plow and gearing five choice
hogs all the sheep except two which are owned by Mary Sweatman and also all my
stock of provisions on hand as well as all my part of the wheat, corn and outs
raised or upon my place for the present year or the year of my decease and I
further give devise and bequeath to my beloved sister
Page 189
Will of John
Fagala
Catharine
Fagala a certain portion of my landed estate forever supposed to be about the
half of landed estate beginning on Sharp's line at the cross fence near top of
the hill and running with said line cross fence a straight line to the line of
M. Fagala decd. thence to with his line running through the back field
and a straight line onward and corners a as the line running through the back
field may hit a pine knot corner at right angle to the line of John Roberson
thence with Roberson and Sharp's lines to the beginning west the spring bank
with all the buildings and improvements the on the her the said Catherine
Fagala her heirs Executors administrators and assigns to her and their use and
benefit forever
I hereby will
and bequeath to Mary Sweatman one cow and calf, the aforesaid two sheep and one
bed bed stead and bed clothing all which she has heretofore claimed and held as
her own by agreement, and I also will and bequeath to said Mary Sweatman thirty
five dollars to be paid her by my Executor as soon as convenient after my
decease.
All the rest
and residue of my estate real personal personal and mixed of which I shall die
seized and possessed or to which I shall be entitled at my death I give devise
and bequeath to be Equally divided them an among my legal heirs according to
law, and lastly I do nominate and appoint A. H. Kenner Esq.
Page 190
Will of John
Fagala
to be
Executor of this my last will and testament
In testimony
whereof I the said John Fagala have to this my last will and testament
subscribed my name and affixed my seal this twenty third day of May in the year
of our Lord One thousand Eight hundred and Seventy four.
John Fagala (Seal)
Signed sealed
& published and declared in the presence of us
James M.
Sharp
Daniel S.
Trundle
A. H. Keener
Page 191
Will of Lucy
Clark
In the name
of God Amen
I Lucy Clark
being of sound mind and disposing memory, do make and publish this my last Will
and Testament, hereby revoking and making void all others 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 any monies that I my die possessed of or my first come
into the hands of Executor Secondly I direct that my Executor shall
divid the Farm on which I live now into four parts as nearly equally in value
as may be.
Thirdly
I give and bequeath to my bloved son Elijah Anderson Clark one fourth of the
property above mentioned one Bed Bed stead and necessary Bed Clothing, one cow,
one Table and one horse. Fourthly I direct that the remander of my
Estate both real and personal be equally divided between my children Elijah
Anderson Clark Nancy Catherine Nichols Amanda Angaline Wattenbager
and Martha Ann Burnett, for their use during the term of their natural lives,
and at their death I desire the same to go to the heirs of their bodies and in
case either of my afore mentioned Daughters or my son aforesaid should die
childless, I desire that her or his portion of my said Estate shall revert back
to and be equally divided between surviving heirs above named.
Lastly I do
hereby nominate and appoint Elijah Dunn my Executor. I witness whereof I
do to this my will set my hand this the first day of June 1874.
her
Lucy X Clark
mark
Page 192
Will of Lucy
Clark
Signed and
published in our presence and who have subscribed our names hereto in the
presence of the Testator. This the first day of June 1874
Daniel Pitner
Lewis
Falconier
Page 193
Will of
Alexander Zallengar
In the name
of God Amen
I Alexander Zallengar being of sound mind and memory make and publish this my
last will and Testament hereby revoking and making void all 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 possable out of any money that may come
into the hands of my executor.
Second
I give and bequeath to my daughter Mary Sharp all my personal and real estate,
and that Elizabeth Gibson have her support out of the estate during her life,
and lastly I hereby nominate and appoint Elisha Sharp my executor in witness
whereof I do to this my last will set my hand and seal this 4th day
of December, 1852.
Alexander Zollengar (Seal)
Signed and
sealed in our presence and we have signed our names in the presence of the
testator this 4th day of December 1852
Lemuel Bogart
Jacob Blazer
Page 194
Will of
Charles Alen
In the name of God Amen
I Charles
Alen being of sound mind and memory do make and publish this my last will and
testament in manner and form following,
First
I give and bequeath unto my beloved wife Charlotte Alen my farm containing ten
acres more or less during her widowhood. After she is done with it I give
and bequeath the above named land to my two youngest sons to wit Thomas Allen
and Edmon Alen in testamony whereof I have subscribed my name and affixed my
seal this the sixth day of June one thousand eight hundred and seventy four
his
Charles X Alen (Seal)
mark
In the presence
William M. Roberts
Dan'l. W. Kear.
Page 195
Will of D. M.
Reed
I, D. M. Reed
of the County of Sevier and the State of Tennessee do hereby make and publish
my last will and Testament in manner and following form, that is to say:
First
it is my will and I do order that all my just debts and funeral expenses by
duly paid as soon after my decease as convienant can be.
Second
I give and bequeath to my wife Mary Ann Reed during her natural life all my
lands that I am legally possessed of to wit one tract of Land containing 110
acres on which I now reside, and one other tract containing 30 acres. I
also will and bequeath to my wife Mary Ann all my personal property of whatever
name or kind that I now own except so much of my personal property as shall be
necessary to settle my just debts and funeral expenses as named above.
Third
I will and bequeath to my son James W. Reed one Horse sadle & bridle then
after the death of my wife Mary Ann if my heirs can agree to an equal division
of lands and property they are hereby allowed to do so. It my heirs
cannot agree in a settlement or divide of said property then I will that my
executor hereafter to be named shall proceed to bring to public sale said lands
& property and distribute equally between all my heirs that may be living
at the time said divide shall to be place.
(Over)
Page 196
Will of D. M.
Reed
And lastly, I
do hereby constitute and appoint my friend Joseph Tipton executor of this my
last will and Testament - hereby revoking all other former wills or Testaments
- by me heretofore made.
In testamony whereof I have hereunto set my hand and seal, this fourth day of
October one thousand eight hundred and seventy four.
his
D. M. X Reed
(Seal)
mark
Signed sealed
and delivered by the testator as his last will & testament in the presence
of us
J. D. Bowers
John S.
Tipton.
Page 197
Will of John
Kerr Sen.
I John Kerr
sen. of the County of Sevier and State of Tennessee being desirous to dispose
of all my worldly affairs, and being in sound mind and disposing memory do make
and ordain this my last Will and testament, revoking all other wills heretofore
made.
My will and
desire is that at my death my Daughter Fatha and my wife Martha has all my
stock on hands together with all my household furniture & kitchen furniture
equally between them.
I further Will and bequeath to my wife Martha and my Daughter Fatha all my land
where I now live open during their natural life for to support apon and at the
death them both. I will the same land to be equally divided between the
heirs of my daughter Fatha & belong to them and their heirs and assigns
forever. I give and bequeath to my daughter Fatha my Negro woman Rose and
all her increase together with Her three children Peter, Dean and Polly.
I also give and bequeath to my daughter Fatha my Negro man Washington all her
natural life time and at her death be equally divided amongst children.
My will is that my Daughter Fatha and my son John has all my debts and money
together with two of my stills equally to be divided between them Except three
hundred dollars of my money on so much out of my debts that I will to my son
Daniel also I will to my son Daniel one of my best Stills the other two to John
and Fatha. I give and bequeath to my son John all the land where he now
lives open for himself and his heirs and assigns forever.
Page 198
Will of John
Kerr Sr.
I also Give
my son John my black man Peter, and my Black woman Hannah together with all her
children and increase
I give and
bequeath to my son Daniel all the land where he now lives together with my
Grist mill and all its appertenances thereto to have and to hold for himself
his heirs and assigns forever.
I also give
my son David my Negro man Dick.
I give and
bequeath to my Daughter Polly all the land that she now lives apon together
with a small entry adjoining J. Cannon & Rogers to have the benefit of
during her natural lifetime and at her death to be equally divided between her
children and to belong to them and their heirs and assigns forever
let it be
understood that I made an entry of about twenty six acres adjoining or near the
mill place where I have given to my son Daniel which I intended my son Daniel
to have with the balance of the land I have given him. My will is that
any part of my Estate that may be overlooked belong to my Daughter Fatha and my
son John equally between them both. And last of all I appoint my son John
Kerr my Executor of this my last will and Testament
In witness
whereof I have hereunto set my hand and seal this the seventeenth day of
February eighteen hundred and thirty six
Signed sealed
and acknowledged in the presents of us at the request of him the said
his
John X Kerr (Seal)
mark
Page 199
Will of John
Kerr Sr.
John Kerr
Sen.
Attest
John Brabson
Fredrick
Scruggs
State of
Tennessee )
Sevier
County
) I, O. H. P. Hill
Clerk of Sevier County Court do hereby certify that the foregoing is true and
perfect copy of the last will and Testament of John Kerr Sen. Deceased as taken
from the original Will of the said John Kerr Sen. deceased now on file in my
office
In testimony
whereof I have hereunto set my hand and affixed my seal of office at office in
Sevierville this 8" day of October A. D. 1839
O. H. P. Hill Clerk
of Sevier County Court
State of Tennessee
)
Sevier
County
) I William Fowler
Clerk of the County Court do hereby certify that the foregoing is a true and perfect
copy of a certified copy of the last Will and Testament of John Kerr Sen.
deceased. Given under my hand at office in Sevierville this the 9th
day of December 1874
William Fowler Clerk
Page 200
The Will of
Cornelius Patterson
In the name
of God Amen.
I Cornelius
Patterson do make and publish this my last will and testament hereby revoking
and making void all former Wills by me heretofore made.
1st
I direct that my boddy be buried at Cummings Chapel in a manner suitable to my
condition in life.
2nd
My Will is that after my death all my lands be sold on the premises at public
auction on twelve months credit except five hundred dollars longer time may be
given by the purchaser paying the Interest for six months in advance still
retaining a lien on the land, said Interest I direct be paid to my wife Violet
for her support should the Interest of said five hundred dollars be
insufficient to support my wife Violet She may choose a man and my Executor
One, if they disagree chose a third one who shall determine how much of the
five hundred dollars shall be used for her support.
3rd
My wish is that what I owe George Blazer be paid out of the proceeds of my
Loose property to the amount of thirty four dollars
4th
My will is that my wife Violet have one milk cow all the household and kitchen
furniture one years support to be laid off by three men