Will Book I

 

 

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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.

 

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

 

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

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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.

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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

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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

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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

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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

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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

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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.

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& 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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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& 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

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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

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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.

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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

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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

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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