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 &nbs