Will Book I

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.

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

Page 2

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

Page 3

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 23^rd day of December 1849.

Attest                                                                                                   his

                                                                                                George X Hudson

W. M. Bryan                                                                                        mark

Calvin M. Hodges

Proven in open court 4^th 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. 4^th 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 2^nd            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 3^rd.           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

Page 5

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

Page 6

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.

Page 7

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

Page 8

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

Page 9

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

Page 10

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

Page 11

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

Page 12

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

Page 13

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 19^th          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 20^th          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 21^st           I give to my son Thomas. C. Brabson my surveying instruments and my Gibson on surveying.

Item 22^nd          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 23^rd.         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 27^th          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 27^th 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 31^st 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 8^th 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 9^th 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 10^th 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 6^th 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 7^th day of January 1857 and admitted to record this 7^th 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

1^st        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.

1^st        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.

4^th        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

5^th        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.

6^th        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

7^th        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 5^th 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 8^th 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 25^th 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 4^th 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 12^th 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.  2^nd 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 28^th 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 30^th day of October A D 1855

                                                                                                John Underwood (Seal)

R. M. Creswell

Jesse Huffaker

Page 40

State of Tennessee        )

Sevier County               )           On this 17^th 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 28^th 1854 and codicils bearing date Oct. 30^th 1855 and Oct. 17^th 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 25^th 1858                                                                                 his

                                                                                                John X Underwood

Payne McClary                                                                                    mark

Arnold Covington

Page 42

Will of Margaret Cunningham

I Margaret Cunningham of the County of Sevier and State of Tennessee calling to mind that it is appointed for all to die and being desirous to dispose of all the worldly estate that it has pleased God to bless me with and being at this time of sound mind and disposing memory, do make constitute make and appoint this to be my last will and testament as follows, First I Resign my spirit to God who gave it to me and my body to be buried in a Christian like manner.  Item 1^st.  It is my will that all my Just debts be paid and funeral expenses be paid out of my estate by my executor in what ever manner he may think proper.  2d  It is my will that my Friend and Connection William McTeer who has been my faithful friend and connection in settling my dearest husbands Estate after his death which was near seven years past and attending to my business ever since and never has been allowed any thing by the law for his trouble and has ever refused taking any thing from me during my life for his trouble shall at my death be rewarded out of my estate to his satisfaction for all his trouble.  3d  It is my will that my two black girls Silva and Bela shall decend to William McTeer Senior to be his property and that Wm. McTeer shall take into possessin and be the owner of all my Estate of every description  that I may die posest of after my bequests and debts be satisfied, and if the laws of our country should ever be changed or made so that he can give the above named two black girls their freedom and them to stay in the state of Tennessee that he will do so and

Page 43

also that if such a circumstance should take place that he will provide for them as well as he can all things taken into consideration.

Item 4^th            It is my request that my friend William McTeer shall Execute this my last will and I do revoke and disanull all other and former wills by me made.

            Given under my hand and seal this 9^th day of September 1855

                                                                                                her

                                                                                    Margaret X Cunningham (Seal)

                                                                                                mark

Signed sealed and acknowledged to be the last will of Margaret Cunningham the Testator who has signed the same in our presents and we witnessed the same by her request.

Josias Gamble

Thomas S. Hardin

Will of Thomas Talbot

I Thomas Talbot of the County of Sevier and State of Tennessee being of sound mind but much debilitated in body and being desirous to make a disposition of what property both real and personal that I am possessed of also all affects which I am temperly possessed of do this day make and ordain this to be my last will and testament hereby revoking all other by me at any other time made.  First of all I want my funeral expenses to be paid together with all my just debts if any.  Secondly I wish my wife Sarah Tolbert to have the entire use benefit and control of the lands which I am lawfully possessed of together with all buildings both dwelling house barns &c with the free and entire use and control of the timber on said lands

Page 44

also all the farming tools and other utentials thereto belonging.  I also want her to have all the stock of every description not heretofore disposed of also all the money on hands or that may be due me at any time with the exception of two hundred and fifty dollars which money I wish to be put to interest during the natural life of my wife Sarah Tolbert I also want a bay colt & Mule colt to be sold next fall to the highest bidder for ready cash and the money put to interest the same way as the above mentioned two hundred and fifty dollars with the exceptions of what money I direct to be paid to the heirs as follows I wish James H. Tolbert to have sixty dollars when he becomes of age and Thomas Ephraim Tolbert to have sixty dollars when he becomes of age but in the event my wife Sarah Tolbert should marry I wish the above be null and void from that date and all the property both real and personal to be sold on twelve months credit and the money to be equally divided between my wife Sarah Tolbert and the following named heirs of my body Malinda An wife now wife of Jackson Cowan, Mary Elizabeth now wife of Harrison Blair, Sarah Ellen now wife of H. Cowan, Eliz. Jane Tolbert, Rachel Kisty now wife of Joel Underwood, Nathaniel Tolbert, William Odel Tolbert, James H. Tolbert, Thomas Ephraim Tolbert and Catharine Tolbert, but in the event my wife Sarah Tolbert never marries I wish the above named lands property money &c to be disposed of as above directed at her death that is to be

Page 45

sold as above directed and equally divided between all the above named heirs together with the money above named.  lastly I appoint M. H. Cowan my Executor as witness my hand and seal this 3^rd day of January 1854

Attest                                                                                       Thomas Tolbert (Seal)

Ephraim Johnson

Thomas Henry

Wm. M. Bryan

I J. P. H. Clark clerk of the county court of Sevier County do hereby certify that the foregoing is a true copy of the original will as on record in my office.  Given under my hand at office in Sevierville this 10^th of April 1854.

                                                                                                J. P. H. Clark   Clk.

The foregoing is a true copy of a certified copy of the last will and testament of Thomas Talbot decd. which is recorded by order of the county court the original will and the record book containing the copy of the same having been destroyed by the burning of the county court clerks office this 14^th June 1858

                                                                                                B. M. Chandler Clk.

Will of Henry Butler

In the name of God amen.  I Henry Butler of the County of Sevier and State of Tennessee being of a sound mind an disposing memory and calling to mind the uncertainty of live and the certainty of Death I do ordain this my last will and testament.  I give and bequeath to my Daughter Sarah Butler one half of the land on the side of the creek where the house stands with the orchard and one young mare to dispose of as she pleases after my Decease I give and bequeath

Page 46

my daughter Anna Butler the other half that part that runs with Whites line and one horse colt to dispose of as she pleases after my decease.  3^rd  I give and bequeath to my daughter Jemima Marshall all the land that I possess lining on the west side of the creek with one young horse to dispose of as she pleases after my decease my horned cotten sheep hogs loom and and all the crops that may be of all kinds with all the household an kitchen furniture with all plantation utentials what I have done has been my intention for seven years past that if the the above mentioned children was the longest liver, and was with me at my Decease my will was as above written

Witness my hand & seal

written with my own hand                                                         Henry Butler (Seal)

this the cattle sheep hogs household & kitchen furniture and other articles, equally between the above mentioned sisters this 2^nd day of June 1847.

Test                                                                                          Henry Butler

George McCown

My negro Ginn I leave her free to live where she pleases as witness my hand and seal this 2^nd day at my decease of June 1847

                                                                                                Henry Butler

The above written with my own hand

Test      Geo McCown

Proven in open court this 6^th July 1858 and ordered to be recorded.

                                                                                                B. M. Chandler Clk.

Page 47

Margaret Nichols Will

I Margaret Nichols do make and constitute this my last will and testament.

First it is my will that my daughter Clarissa Duggan have one half of my town lot which is lying in Sevierville south of Main Street & west of Cross Street where I formerly lived to have the use and benefit of during her natural life and at her death to decend to her children.  It is my will that my daughter Sally Nichols have the other half of the above named town lot during her natural life and at her death to decend to her children.  It is my will that the division line of said town lot between my two said daughters shall be as follows beginning on a Plum tree on the street between the two houses and running directly through the lot to a plum tree below the stable at the fence and that my daughter Clarissa Duggan have the East side and my daughter Sally the west side.

It is my will that the debts owing to me by W F Nichols & B M Chandler be equally divided between my two daughters Sally Nichols & Clarissa Duggan after all my just debts are paid out of the proceeds of said debt.  It is my will that the debt owing to me by John McMahan or the proceeds of said debt be equally divided between all my children to wit Elijah Nichols, P. B. Nichols, Sally Nichols & Clarissa Duggan and if it should appear that my son Elijah Nichols is dead or should not appear within five years from my death to receive his share of said debt then in that event I will that the share intended for him shall go to my other two sons W. F. Nichols & P. B. Nichols.  I will and bequeath the

Page 48

following property to wit my cow & calf Cooking stove & utentials side saddle clock one bead bead stead & furniture to my daughter Sally Nichols.  I will and bequeath to my daughter Clarissa Duggan the following property to wit one bead bead stead & furniture my Bureau wash Bowl & pitcher and cooking glass, it is my will that my son P. B. Nichols have the use and benefit of during his natural life my Entry of land of about eleven acres lying on the West fork of little pigeon river adjoining the lands of the heirs of Wm. Henderson decd. and Elijah Brown and at his death it is my will that said land decend to his children.  It is my will that the remaining portion of my bead clothing & property be divided out between my four children to wit Sally Nichols, Clarissa Duggan, P. B. Nichols and W. F. Nichols.  It is my will that my son W. F. Nichols be my Executor to carry out this my last will and testament.  Witness my hand and seal this 20^th day of April 1859.

                                                                                                her

                                                                                    Margaret X Nichols (Seal)

                                                                                                mark

Witness

M. W. McCown

B. M. Chandler

Page 49

William Felcker Will

In the name of God amen.  I William Felker do make and publish this my last will and Testament hereby revoking and making void all other wills by me at any time made.  First I direct that my body be decently buried and that all my just debts be paid as soon after my decease as possible out of any moneys that I may die possessed of or that may first come into the hands of my Executor.  Secondly I will and bequeath to my beloved wife Mary Felker the use and possession of my land or lands during her natural life time or widowhood.  Thirdly I give to my said wife all my personal property except what may be sufficient to pay all my just debts.  4^th  I will that the little boy that I have got here by the name of John Baker or Lethco if he should stay until he is twenty one years old with my wife or family and be a good boy he should have a horse worth sixty dollars and bridle and saddle and two suits of good common clothing and schooling a long as the schools may go on.  5^th  My wish is after the death or marriage of my wife that my land with my personal property that may be on hand to be Equally divided between my children John Felker & Peter Mary & James & Shannon & Lisabeth & William & Sally & Marthy & Nancy.  6^th  I lastly do nominate and appoint Channon Felker my Executor of this my last will and testament.  Given under my hand and seal this 23^rd day of May 1859.

Signed sealed & published                                                                    his

                                                                                                William X Felker (Seal)

in presents & we have subscribed                                                         mark

our names hereto in the presents

of the Testator this 23^rd day of May 1859

Mc Murphy

C Cary

Probated 4 July 1884.

Record page 462.

Page 50

Wesley Bodines Will

In the name of God Amen.

I Wesley Bodine of the County of Sevier and State of Tennessee being weak in body but of sound mind blessed be God and knowing it is appointed once for men to die do this twenty seventh day of May in the year of our Lord one thousand eight hundred and fifty eight make this my last will and testament and for which I do ordain and appoint and bequeath my beloved wife Mary Bodine all my land and goods and chattels to have and to hold during her widowhood or natural life the aforesaid land I want equally divided between my two beloved children William Olliver and Wesley when they are twenty one years of age.  I want my mare and colt sold to pay all my just debts

as witness hereunto set my hand and seal date above named

                                                                                                his

                                                                                    Wesley X Bodine

                                                                                                mark

Written in our presence

H. S. Blair

            his

Samuel Blair

            mark

Page 51

Will of Glasgo Snoddy

In the name of God amen.

I Glasgo Snoddy of Sevier County and State of Tennessee being of sound memory but in feeble health but committing to mind the mortality of my body knowing that it is appointed to all men to die do make and publish this my last will and testament hereby making void and revoking all former wills made by me at any time.

1^st of all I recommend my soul to the hands of Almighty God that gave it and my body to the dust from whence it was taken to be buried in Christian decency at the discretion of my executors not doubting but it will be raised again at the general resurrection  and as to such property as it has pleased God to entrust me with it is my will that it be disposed of in the following way and manner that is to say that it is my will that all my just debts be paid and that my funeral expenses be paid out any money that may first come into the hands of my Executors from any part of my estate.  Second I give and bequeath to my beloved wife Margaret Snoddy all of my personal property of every description including household and kitchen furniture of every description stock of every kind except one Black yearling horse colt and all of the stock of provisions that may be on hand at my death of every kind and it is my will and I bequeath to her by wife Margaret Snoddy three hundred dollars in money to be paid to her by my Executors so soon as it comes into their hands from any part of my

Page 52

Estate and if the money is not paid over to her Margaret in a short time after my death then she is to have the interest on the three hundred dollars from the time my executors qualifies and it is my will that she the said Margaret Snoddy has the full and entire control of the aforesaid bequeaths and have a right to dispose of the same at her will and pleasure at her death or any other time and I further will and bequeath to my beloved wife Margaret Snoddy all of my real Estate that I may die seized and possessed of during her natural life to have the full and entire control of the same during her natural life and at the death of her the Margaret Snoddy I dispose of my real Estate as follows I will and bequeath to my beloved Niece Mary A. Pitner a portion of my land described as follows beginning on a pine a corner between myself and A. H. Pitner thence running near a north direction to a stake four rods below a wild cherry tree near a bridge and crossing place on a cully below the corner of my orchard thence a direct line an East direction to a forked pine the corner between myself and George Wade thence with Wades line a north direction to Roses line thence with my line round to the main road and A. H. Pitners corner and thence with Pitners line to the Beginning and it is my will that the aforesaid Mary A. Pitner is after the death of my said wife Margaret Snoddy to have the full and entire control of the portion of my land set forth

Page 53

in the aforesaid boundary during her natural life at her death the land here mentioned to go to the heirs of her body and in addition to the aforesaid bequeath I will and give to her the said Mary A. Pitner my Black yearling horse colt and at the death of my wife Margaret Snoddy then I direct my Executors to pay over to the aforesaid Mary A. Pitner one hundred dollars in money out of my estate and as to the balance of my real Estate I dispose of it as follows at the death of my said wife Margaret Snoddy I will and bequeath to Daniel R. Pitner a child of Mary A. Pitner all of the Balance of my real estate commencing on the pine A. H. Pitners corner and thence running with the line heretofore mentioned making the division between him Daniel R. and Mary A. Pitner Including my mansion house and Barn and cribs to the forked pine Wades corner thence with my line and Wades and others to A. H. Pitners line then with it to the beginning I further will and bequeath that my Executors collect all of my debts which is supposed to be between Seven and Eight hundred dollars and after paying to my wife Margaret the three hundred dollars heretofore bequeathed in this will I direct that they loan out all of the rest of the money they collect after paying the necessary expenses and to pay over the interest to my said wife Margaret after keeping in their hands so much as will be sufficient to pay for settlements & clerks fees and other expenses so as not to lesson the original amount put at Interest under four hundred

Page 54

dollars during her life time and at her death that is the death of my said wife Margaret Snoddy I will and bequeath that one hundred dollars of the money at interest to Glasgo Gillespie a nephew of mine a son of Alex Gillespie and I direct my executors to pay over the same to him I also will and bequeath to William Glasgo Creswell a son of Andrew Creswell one hundred dollars of the money at the death of my wife Margaret of the money that is kept at interest and I direct my executors to pay over the same to him at that time.  I also will and bequeath to Thomas Clark a young man that is living with me fifty dollars at the death of my said wife Margaret and I also will and bequeath to Rufus M. Creswell Crgt. fifty dollars at the death of my said wife Margaret and I further will and bequeath that after paying off all the bequests if there should be sufficient funds left I wish my Executors to procure a decent set of Toom stones to my grave and the grave of my wife.  I do hereby make ordain and appoint my friends Rufus M. Creswell and James M. Sharp executors of this my last will and Testament in witness whereof I Glasgo Snoddy the said testator have to this my will written and attached as aforesaid set my hand and seal this Eighteenth day of June in the year of our Lord one thousand eight hundred and fifty nine.

                                                                                                            his

                                                                                                Glasgo X Snoddy (Seal)

                                                                                                            mark

Page 55

Signed sealed and published in the presents of us who have subscribed in the presents of the testator and of each other

George Wade

James Malcome

S. W. Randles

Will of John Breeden

State of Tennessee        Sevier County)

December the 9^th 1857 The last will and testament of John Breeden as follows  Andrew Breeden my youngest son one gray horse which he now has in possession and his saddle bridle and a rifle gun which he now has in possession.  Mary Breeden my youngest daughter to have one good cow and calf sow and pigs one good bed and bead clothing and her other good clothing in proportion with the rest of the girls when she becomes of age.  Nansa Breeden my wife to have the use of all the land that I am now in possession of till her death and all stock of all kinds and all the grain of all kinds and all the tools and gearing of all kinds and all the house hold furniture and all other properties that I am in possession of with the exception of the property above named to Andrew Breeden and Mary Breeden.  Nansa Breeden my wife to pay all my just debts and to collect all debts coming to me and have the use of them and also at the death of Nansa Breeden my wife the land and all other properties left behind to be sold and equally divided between all my lawful heirs Andrew Breeden and Mary Breeden to have a proportionible  part with the balance.

Test                                                                                                      his

                                                                                                John X Breeden (Seal)

Lewis Breeden (Seal)                                                                           mark

Bryant Breeden (Seal)

Page 56

Will of William Henderson

I William Henderson of Sevier County State of Tennessee being of sound mind and memory have thought proper for reasons satisfactory to me although in usual health this day to make and declare this my last will and testament in manner following that is to say

First     My will and desire is that after my death all my jsut debts that may be then owing be paid and likewise my funeral expenses

Second             I give and bequeath to my beloved wife Mary Henderson one half of the plantation on which I now live together with the dwelling house and out buildings and timbered land of my adjacent Entrys sufficient to support her said half of said plantation during her natural life all of which as above named I wish my said wife to have and enjoy during her natural life.  I also give and bequeath to my said wife Mary Henderson my two Negros Frank and Sarah during her natural life.  I also give and bequeath to my said wife all my house and kitchen furniture one horse such as she may chose from my stock of horses two plows and sufficient amount of my farming utentials as she may select and necessary for her also two Cows & calves and Twelve head of choice hogs which property for her to have and enjoy during her natural life together with my mills.

Page 57

Thirdly              I give and bequeath to my son Elijah Henderson the other half of the plantation on which I now live being the west end or half upon which he now lives running with the direction of a cross fence now running from the river across the bottom towards the meeting house.  I also give and bequeath to my said son Elijah Henderson two Entrys of land lying on the waters of the Yellow Spring branch together with all the interest I have in and to two other Entrys of land lying on the waters of said branch.

My will and desire is that after the death of my wife Mary Henderson that my said son Elijah Henderson have the other half of the plantation on which I now live (being the half before devised to my said wife) including my mills provided he pays within four years after the death of my said wife Twelve hundred dollars to be divided and paid in equal proportions between George M. Henderson  Randal Henderson  Andrew Henderson   John K. Henderson  Elizabeth Henderson  Martha Swann  Mary Smith and Nancy McMahan all of which land I will and bequeath to my said son Elijah to have the use and benefit of during his natural life and at his death it is my will that said lands be equally divided between William Henderson  Robert Henderson  Samuel Henderson & James Henderson sons of the said Elijah Henderson

Fourthly            I will and bequeath unto my

Page 58

Daughter Martha Swann my Negro girl Ann.

Fifthly   I will and bequeath to my Daughter Mary Smith my Negro girl Matilda

Sixthly  I will and bequeath to my Daughter Elizabeth Henderson my Negro girl Julia.

Seventh  I will and bequeath to my Daughter Nancy McMahan my Negro girl Hannah.

Eighth   I will and bequeath to my son Andrew Henderson my Negro boy Peter.

Ninth  I will and bequeath to my son Randal Henderson my Negro boy Add.

Tenth  It is my will and desire that after the death of my wife Mary Henderson that my son George M. Henderson have my Negro boy Frank and my son Elijah Henderson have my negro girl Sarah

Eleventh           I will and bequeath to my Grand son William Henderson son of Randal Henderson my Negro child named Alexander

Twelfth I Will and bequeath to my Grand children James Yett, William Yett & Mary Yett each one hundred dollars out the proceeds of my estate

Thirteenth         I will and bequeath to my Grand children Margaret Jane Pickle & William Pickle children of my daughter Dicy each one hundred dollars out of my estate.

Fourteenth        I will and bequeath to my son Elijah Henderson my twenty

Page 59

five acre Entry including the river & a small Island

Fifteenth           I will and bequeath to my sons Andrew Henderson & Randal Henderson my four Entrys of land on the waters of Mill Creek containing together about three hundred & fifteen acres each a joint interest in said land

Sixteenth          I have heretofore advanced to my son John R. Henderson five hundred and Eighteen dollars which together with other advances I have heretofore made to him  I consider that what I have willed to him in item third of this will and what I have heretofore advanced to him will make his full share of my Estate

Seventeenth      It is my will that what property is on hand at my death not heretofore devised such as stock black smith tools farming utentials &c be equally divided between my four sons to wit Geo. M. Henderson  Randal Henderson  Andrew Henderson & Elijah Henderson.

Eighteenth         It is my will that what household and kitchen furniture may be on hand at the death of my wife be equally divided between my four Daughters to wit   Elizabeth Henderson  Martha Swann  Mary Smith & Nancy McMahan

Nineteenth        It is my will and desire that the bequests made to James Yett  William Yett  Mary Yett  Margaret Jane Pickle & William Pickle together with what debts I may be owing & funeral expenses be paid out of what money may be on hand and debts due and owing to me and what ever balance there may be of money on hands and debts due me I wish equally divided between

Page 60

my children to wit Geo. M. Henderson  Randle Henderson  Andrew Henderson  Elijah Henderson  John R. Henderson  Elizabeth Henderson  Martha Swann  Mary Smith & Nancy McMahan

Twentieth         and lastly I hereby make and appoint my sons George M. Henderson & Elijah Henderson Executors of this my last will and testament.  I hereby revoke and make void all former wills by me heretofore made.

In witness whereof I the said William Henderson have to this my last will and testament set my hand & seal this 15^th day of March 1859.

                                                                                                William Henderson (Seal)

Signed sealed and acknowledged in presence of us this 13^th March 1860

Basdill Scruggs

M. W. McCown

Page 61

Will of Elizabeth Henderson

I Elizabeth Henderson do make and publish this my last and testament revoking all former wills by me heretofore made

Item 1^st.            In consequence of the long and kind attention given to me during my long afflictions by my mother Mary Henderson I give and bequeath unto her my Negro Julia together with any increase she may have to have and possess during her natural life together with all other property I may have at my death.  I also bequeath to my said mother Mary Henderson all the money I may have on hand at my death together with all that may be owing or coming to me from the Estate of my Father or from any other person or persons

Item 2^nd.           It is my will that at the death of my mother all of my said property shall depend to and be equally divided between my three sisters to wit Martha Swann, Mary Smith & Nancy McMahan.

Item 3^rd.           It is my will that at my mother give to Margaret Jane Pickle two of my quilts & four of my dresses.

I appoint James McMahan Executor of this my last will and testament

Witness my hand and seal this 28^th day of July 1860

Attest                                                                                                   her

                                                                                                Elizabeth X Henderson

M. W. McCown                                                                                  mark

Elizabeth Montgomery

Page 62

Will of Anderson Williams

I Anderson Williams do make and publish this my last will and testament hereby revoking all others making void all other wills by me at any time made

First     I direct that all my debts be paid as soon after my death as possible out of any money that I may die possessed of or may first come into the hands of my Executor

Secondly          I will and bequeath to my wife Mary Williams my old mare and youngest colt, my two milk cows & calves and what beds and bed clothing & that she may claim about the house and my lower farm that I purchased from James Williams during the time she remains a widow and at her death or marriage sd. land shall belong to my three youngest children to wit Samuel P. Williams and Martha Williams and George Williams.

Thirdly              I direct that my Executors sell the balance of my lands and after selling what land and property is left and paying all my debts, that my two children be paid fifty dollars each out of the balance of the proceeds of said land to wit Isaac Williams and Catharine Hurst wife of James Hurst and that William Williams be paid seventy five dollars out of the proceeds of sd. land.

Fourthly            I will and bequeath

Page 63

to my wife Mary Williams and my three youngest children Samuel P. Williams & Martha Williams & George Williams all the hogs & pork that I have and two hundred bushels of corn and what farming tools that I have and Ten head of sheep and my son all yoke of oxen and wagon

Fifthly   I will and bequeath fifty dollars to my wife Mary Williams for the purpose of repairing the mill on the Jas. Williams farm

Sixthly  I will and bequeath to my wife Mary Williams and my two youngest sons Samuel P. Williams and George Williams the balance of the proceeds of the land that is to be sold

Lastly   I do hereby nominate and appoint R. H. Hodsden and D. B. McMahan for my Executors in witness whereof I do to this my will set my hand and seal this January 14^th 1861.

                                                                                                            his                                                                                                                                Anderson X Williams (Seal)

                                                                                                            mark

Signed Sealed and published in our presents and we have subscribed our names hereto in the presents of the Testator this January 14^th 1861

                                                                                                Perry Large

                                                                                                Sanders McMahan

Page 64

Will of Hugh Cowan    

Boyds Creek

I Hugh Cowan of the County of Sevier and State of Tennessee being of sound mind and disposing memory do make and publish this my last will and testament.

1^st        My will and desire is that after my death that that all my debts debts and funeral expenses be paid out of my estate.

2^nd        I give and bequeath to my son W. H. Cowan the north eastern division of my farm on the waters of Boyds Creek Sevier County and State of Tenn. the division line described as follows (to wit)  Beginning at a Stake at the mouth of the branch then running up the branch N 32 W 29 poles to a forked walnut N 30 W 38 poles to a stake running through the barn south 36 West 8 poles to a stake N. 43 W. 94 1/2 poles to a stake N 36 E 146 poles to a stake & pointer S 66 3/4 E 60 1/2 poles to a stake S 11 W 62 poles to a stake with Ellis S. 25 E. 116 poles to a stake S 65 W. 2 poles to stake near the Road S. 23 E. 20 poles to stake with Brabson S. 9 E. 28 poles to stake with the same S. 1 E. 25 poles to mulberry at the Creek the up the Creek 80 poles to the beginning containing by Estimation one hundred and forty acres more or less to have & to hold the same his heirs and assigns forever and further I give and bequeath to the same one half of the interest in my wagon & gearing wind mill and log chain & harrow jointly with my

Page 65

son Jas. M. Cowan for the use of the farm and also my old wash kettle individually for himself.

3^rd        I give and bequeath to my son James M. Cowan the north western division of my land on the waters of Boyds Creek Sevier County and State of Tennessee and the division line described as follows (to wit) 1^st  beginning at the mouth of the branch then running the line of Eastern division N. 32 W 29 poles to a forked walnut N 30 W 38 poles to a stake running through the farm S 36 W 8 poles to a stake N 43 W 94 1/2 poles to a stake N 36 E 146 to a stake & pointer N 66 3/4 W 114 1/2 poles to a stake S 36 1/4 W 168 poles to a stake in the Road South 43 1/2 E 157 1/2 poles to a stake with Chandler then down Boyds Creek to the beginning containing by estimation one hundred and fifty eight acres more or less which division he is to have and to hold the same his heirs and assigns forever and further I give and bequeath to the same the one half interest of my wagon and gearing wind mill log chain and harrow jointly with my son W. H. Cowan for the use of the farm and I further give to my son J. M. Cowan all the kitchen furniture books and other household furniture that is now in my possession the mechanical tools I allow them to go jointly between my two sons and also my flax hackle to have and hold the same &c

It is further my wish and desire that the lands divided between my two sons James M. & W. H. Cowan be the same line that was first run out in a late survey made by Daniel Kerr and marked accordingly

Page 66

4^th        I give and bequeath to my son Andrew J. Cowan fifty dollars cash paid by Executors

5^th        I give and bequeath to my son D. M. Cowan if living and demanded fifty dollars to be paid by me Executors equally out of the Estate which I have already bequeathed to them.

6^th        I give and bequeath to my son A. P. Cowan fifty dollars in money or fifty acres of land discretionary with my Executors to pay him the fifty dollars in money or to give him my Knob tract of land containing fifty acres joining the lands of John Chandler and the heirs of John Brabson decd. and also my wash kettle

7^th        I give and bequeath to my son Hugh G. Cowan fifty dollars in cash

8^th        It is further my will and desire that if there is any personal effects in my hands that has not been disposed of in this my last will or may come in to my possession that after my death my Executors make sale of sd. effects and divide the proceeds among my lawful heirs

10^th      I hereby appoint my two sons William H. and James M. Cowan my lawful Executors of this my last will and testament this the 5^th October in the year of our Lord one thousand Eight hundred and fifty Eight

Signed sealed & delivered in the                                                Hugh Cowan (Seal)

presence of witnesses present

John Chandler

C. D. Anderson

Page 67

State of Tennessee        )

Sevier County               )           I Hugh Cowan of sd. County do make and publish this as a codicil to my will heretofore made and published on the 5^th day of Oct. 1858.

1^st        The property mentioned in the first clause of sd. will to wit the wagon the harrow and gearing and log chain and wind mill.  It is my will that my two sons William H. Cowan and James M. Cowan shall have joint use of sd. property and bear the Expense equally of keeping it in repair so long as they both continue to live on sd. farm but if Either of my sons should sell out and leave sd. farm then the one remaining is to have sd. property for his own use.

2^nd        It is my will that the barn and lot mentioned in my will in the 2^nd and 5^th clause of sd. will shall be used and held jointly between my two sons Wm. H. Cowan and James Marion Cowan and the Expense of keeping it in repairs shall be born equally so long as they both continue to live on sd. farm but if either of them shall sell out and leave the farm the one remaining on sd. farm is to have sd. barn and lot to his entire use

3^rd        It is my will that my two sons Wm. H. Cowan and J. M. Cowan shall have my fifty acre tract of land joining Brabson and Chandlers by paying A. P. Cowan the fifty dollars as provided in clause 6^th of sd. will.

4^th        It is my will that the line dividing my farm between Wm. H. Cowan and J. M. Cowan shall be run according to the courses laid down in the 2^nd

Page 68

and 3^rd clauses of sd. will Except the line of 8 poles S 36 West.  It is my will this line be kept out and the line N. 43 West started at the end of the line that runs through the barn this change will give my son J. M. Cowan a few acres more land.

In testimony whereof I hereunto set my hand and seal this 17^th day of Sept. 1860

Attest                                                                                       Hugh Cowan (Seal)

Saml. Pickens

Collen Warren

We William Thomas and William P. Keener, do state, that the noncupative will of James Cowden, was made by him on 2^nd day of May 1861 in our presence to which we were specially Required to bear witness, by the Testator himself in the Presents of each other, that it was made in his last sickness at the house of William P. Keener where said Testator was lying sick, and where he died by occasion of a severe injury or hurt he suddenly received on the same day, by which injury he was supplied and died from his own home.  And the same is follows to wit  It was his will and desire that his effects and estate, should be deposed of after his decease in the following manner.

First, he said that it was his will, wish and desire that his son John Cowden should have the Plantation on which the said John then lived.

Secondly, he said it was his will that his son James Cowden, should

Page 69

have his (The Testators) home place, or Plantation.

Thirdly he said that it was his will and desire that all his personal property should be equally divided between all his daughters, he also said he had some money.  That same money was owing to him, and that he owed some debts, that he wanted all his debts paid, and there what money was left, he wanted to be equally divided between his daughters.

Fourthly and lastly, he then said to us that he knew he must die soon from his hurts, and injuries and that he wished and desired us to see to it that his property and effects was and should be deposed of as before stated.

Made out by us and signed this 6^th day of May 1861.

                                                                                                William Thomas

                                                                                                William P. Keener

Will of Joseph C. E. Pattison

To all whom it may concern, know ye that I Joseph C. E. Pattison of the State of Tennessee, and of Sevier County, being frail of body, but of sound mind do make this my last will and Testament as follows to wit

First, that my body be decently buried, in a plane manner and at moderate expenses, and that all my just debts be paid out of my estate as soon as possible.

Secondly, I give and bequeath unto my father Nathan Pattison one horse creature out of my stock of horses, be having the privilege of taking choice out of said stock of horses, and that my father and mother

Page 70

have one years provision of both food and payment, out of my estate from and after the first day of December next - my father to have the privilege of determining how much will be necessary for said purpose, and it is also my will that all my property, and effects Remain on this place as they now are, in the care of my father and under his management I having confidence in him for that purpose - until the crop is finished and taken care of - but if my father is of opinion - that any portion of property should be sold before the crop is taken care of - my executor is hereby Required to sell such property - according to the Provisions hereinafter laid down - and that the family be supported until the first day of December next - and that my father be hereby authorized to implay assistance to finish and pay for such labour out of any produce or other article that may be on the place.

Thirdly, it is my will that my Books be put into the hands of my father by my Executor as soon as they come legally into his hands - and to be held in trust by my father for the Express purpose of being divided equally between my brother John I. A. Pattison, and my two sisters Margaret Amanda Brown and Rebeckah Adeline Goforth said division to take place after the death of my father If the said books should be kept in Tennessee - and any of the beneficiaries should not be living or should Reside in some other Country - the books may

Page 71

be taken possession of by those living in Tennessee and notice Given to those living at a distance - but if the books should be taken to the State of Iowa and my brother John should wish to keep the books - he by this will can do so - by paying the other parties their portion of the true value of the books - of which fact he shall five notice - The notice named in this part of this will shall be complied with by putting a letter in the post office directed to the party to be notified said letter to be submitted to the inspection of the post master - and his certificate taken stating that fact - any of the parties so notified, and not applying within two years their claim shall be null and void - the main object being to keep the books in the family.

Fourth, it is my will that all my property except that part above disposed of - shall be sold at public auction - on the following terms viz The Hogs suitable for fatning sold on a credit of three months - all other property to be sold on a credit of twelve months by the purchaser in all cases giving bond and approved security but if my father in conjunction with my executor should think it best the hogs or any portion of them may be sold at any time by agreement either for payment at the time of sale or on a credit of three months - Reserving hogs enough together with a cow beast suitable for a beef and corn and oats sufficient for fatning the same for the use of the family as above provided.

Fifth it is my will that

Page 72

all the money that is or may be due me and also all the money that may be due my estate from the sale of property or otherwise to be collected by my Executor as soon as the nature of the lease will permit - and paid over into the hands of a trustee whom I shall appoint in this will - whose duty it shall be to manage and dispose of said money as herein after directed.  The executor shall have ever pay over to my father from time to time so much money as will be necessary for his and mothers maintenance for the next two years from and after the first of December next

Sixth it is my will that the Trustee above spoken of shall upon Receiving the above named money keep it at Interest as far as practicable - and manage it first for the benefit of my father, and mother - or so much thereof as they may need for their maintenance during their natural life time - it is also my will that one half of my estate be (provided my father may think it best) laid out or paid over for a small tract of land and some little improvements if none on the land so purchased, for a home stead for my father & mother - Said purchase may be made either in this country on in the State of Iowa - and the other half or so much thereof as may be necessary according to the principles of economy from year to year shall be paid over to my father and mother - or for their use so long as they may need the same - and it is further my will that if my father should wish to move

Page 73

to the State of Iowa or elsewhere that the money in the hands of the Trustee may be Removed to that Country on the following conditions viz - that whenever my father shall make known to the Trustee with satisfactory evidence that he has either by himself or his agent has caused to be appointed in that state or country by the proper authorities and in accordance with the laws thereof a Trustee for the purpose of Receiving from the trustee in Tennessee the funds in his hands - the said Trustee shall transmit to the Trustee in Iowa or elsewhere what ever if my estate may be in his hands - by any person in whom he has confidence to believe that he will perform the truest faithfully - but said Trustee shall not put said fund or effects into the hands of any person without the approtation of my father - The duties of the trustee in Iowa or else where shall be the same - as the duties of the Trustee appointed by my will.

Seventh it is my will that whatever of my estate may be kept at the death of my parents unexpended shall be equally divided between my brother John and my two sisters Amanda and Adeline after the death of my father and mother

Eighth it is my will that if the time and manner of the sale of the property from circumstances unavoidable in their nature should not take place - that it shall not vitiate this will nor interfere with its processions.

Ninth I hereby appoint my friend Thomas Douglass of Sevier County my Executor and I also appoint my uncle Jonathan Nelson Newman of Jefferson County the Trustee to this will with an injunction on each that they

Page 74

Respectfully carry out its provisions and lastly I will that my father have horse feed sufficient for feeding one horse and also feed for one cow - for one year from and after the first day of December next - This 30^th day of June 1861

                                                                                                J. C. E. Pattison (Seal)

Signed and sealed the day and year above written in presence of

E. M. Douglass &

S. N. Douglass

We certify that we conversed with the above Testator & found him to be of sound mind and fully capable of making his will

                                                                                                E. M. Douglass &

                                                                                                S. N. Douglass

Thomas Ogle's Will

Written will of Thomas Ogle of the State of Tennessee and county of Sevier

I Thomas Ogle do publish this my last will & Testament hereby Revoking and making void all other wills made by me at any time -

1^st        I direct that my Funeral expences be paid, and all my debts be paid after my death, as soon as posible out of any money I may have on hand or the first that comes to hand - Second, I give and bequeath all the Land on the south west side of Bearskin Creek, in other words, all the Land on the Right hand side of said creek when going up the creek - That I am lawfully seized & possessed of, or that I lawfully own, to my son - Thomas

Page 75

Ogle.  3^rd          I Give and bequeath the Remainder of my Land including all on both sides of the River to the other three of my Sons, to wit, Preston Levi and Caleb, to be equally divided between the three above named boys - I also order that it be so divided that Levis part, include the building where he now lives - and that Calebs part include the Building where I live -

I also direct that in case the three above named sons cannot agree in the division of said Land, that they Elect three unconnected disinterested Men to divide said Land - also in case any one or more of them should Refuse to Elect men as above mentioned that any one or more of them may make such Election - and all be bound thereby as much so as if they had went into such Election of Men.

4^th        I direct that all my personal Property be equally divided between all of my living children at my decease

Lastly I do nominate Wm Ogle my Eldest son my Executor in Witness whereof I do to this my will set my hand and seal this the 27^th day of September 1861.

                                                                                                his

                                                                                    Thomas X Ogle

                                                                                                mark

Signed sealed and published in our presents and we have subscribed our names hereunto in the presents of the Testator this the 27^th day of September 1861.

                                                                                    Aaron Ownby

                                                                                    Bradford Ogle

Page 76

Samuel Cusicks Will

I Samuel Cusick of the County of Sevier and State of Tennessee, being of sound mind and disposing, do make and publish this my last will and Testament.

1^st.       I desire that my body shall be decently buried by the side of the grave of my beloved wife, and that my Funeral expenses, and any other debts I may owe at the time of my death be paid by son Andrew Cusick.

2^nd.       I give and bequeath to my beloved son John Cusick of the Lands I know own, the following part (to wit) Beginning on the north line of Grant No. 13830 at a stake and pointers and running as marked to the top of the Ridge that devides the waters of the Marshy Branch and Knobb Creek and with the top of said Ridge to the public Road, South to a Pine marked as a corner, thence a North East course as marked, to a stake near the Branch North of where I know live thence down the Branch to Knob Creek to the mouth of the Ditch, on the East Side of the Creek where a cross fence now stands, and with said Ditch and cross fence East to the outside fence then near an east course as marked to a stake and pointers on the East line of Grant No. 17422 thence north with the line said Grant Including all that part of Grants No. 13830

Page 77

and 17422, and 8960 lying north of the line herein set forth and described, also one Tract of thirty nine acres Granted to me by Grant No. 20853

3^rd        I give and bequeath to my beloved son Andrew Cusick that portion of my Lands Included in my Grants No. 13830 17422 and Grant 8960 Lying south of the line heretofore described in laying off the divise to my son John Cusick, also the lands included in my Grants No. 22772 contain seventy five acres also Grant 24500 containing thirty, on the following terms, and conditions that is that my beloved Daughter Margaret Cusick shall have a home and a decent support out of said lands during her single life

4^th        I give to my son Andrew my bay mare called Penny subject to the use of my Daughter Margaret when necessary.

5^th        I give and bequeath to my Daughter Margaret Cusick the Bureau and such portion of the household and furniture as she know claims also my bed and furniture

I desire that any other house hold and kitchen furniture that I may be possessed of at the time of my death, may be equally divided between my beloved Daughters Sally McCroskey and Rebecca Johnson and Polly Davis

Signed in our presence this 9^th day of May 1859

Samuel Pickens                                                                                    Samuel Cusick

Joseph Tipton

Page 78

Andrew Conatzers Will

I Andrew Conatzer knowing the uncertainty of life, and the certainty of Death, do make and ordain this my last will and Testament hereby revoking and making void all former wills by me at any time heretofore made by me.

First     It it is my will that my four sons Daniel, Amasa, Andrew and Reuben have my farm where I now live in the 4^th District of Sevier containing three Hundred and Ninety two acres.

Second             It is my will, that my wife Maryann, shall be allowed a home during her life, where I now live, and that she shall have what money I may have on hand at my death for her use and support during her life.  It is my desire that she have a support off of the above named farm during the remainder of her life.

Third    It is my will and desire that Immediately after my death that all my personal property be sold by my Executor, on a credit of twelve months, requiring security for the same, and when collected I will that said money be equally divided between my four sons and five daughters (to wit) Daniel, Amasa, Andrew Ruben Polly Hurst, Sarah Long, Catharine Thomas Emma Romines and Martha Webb.

Page 79

Fourth  It is also my will that my four sons shall pay to my five Daughters Polly Hurst  Sarah Long  Catharine Thomas  Emma Romines and Martha Webb each one Hundred Dollars, to make them equal and in consideration of their getting the land

Fifth     I is my desire will that my wife Mary Ann shall have the use and benifit of all my household and kitchen funiture bedding and clothing during her life, and at her death to equally divided between all my living children

Sixth     Should either of my said sons die before I do, then it is my will, that the remaining ones shall have the land they paying as before stated the sum of one hundred Dollars to each of my living dughters.

Seventh            It is my will that my son Daniel Conatzer act as my Executor.

Eight     It is my will that my executor Daniel Conatzer take charge of Three hundred Dollars of the money that may be on hand at my death, and that he shall it ready as her need may call for.  If the money is not all used he Daniel Conatzer shall Gather all the money and divide it equally among my living children

            In witness whereof, I do this my will, set my hand and seal, this 4^th day of November 1862.

                                                                                                Andrew Conatzer (Seal)

Signed Sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator this 4^th of Nov. 1862.

                                                                                                Nelson Fox

                                                                                                Absolum R. Allen

Page 80

William Breedens Will

I William Breeden being of sound and perfect mind and memory, do make and publish this my last last will & Testament.  In manner and form following.

First     I give and bequeath unto my five sons James Breeden, Joseph Breeden, Merrel Breeden, Bryant Breeden Jr. and William Breeden Jr. my plantation on which I now live, containing one Hundred and Twenty acres, Jointly or to be equally divided between them.

Secondly          I give and bequeath to my Daughter Aditha Breeden a red Heifer

Thirdly              It is my will and desire, that the ballance of my personal property be sold on a credit of Twelve months and after the payment of all my just debts, the ballance of the proceeds to be equally divided between my daughters Rutha Manis, Nancy Maples, Aditha Breeden, Polly Henry, Lidia Hurst, and the children of Hannah Fowler, to represent their deceased Mother, in taking a childs part, and the child of my decd. daughter Elizabeth Hurst to have a childs part.

Fourthly            It is my will and desire that my five sons above named pay my five living daughters Rutha Manes, Nancy Maples  Aditha Breeden  Polly Henry & Lydia Hurst fifty Dollars each, so as to make them equal with my sons in consequence of the land to be paid in two years after my decease.

And lastly appoint my son Josiah Breeden sole executor of this my last will and Testament with the privilege of employing

Page 81

and assistance hereby revoking all former wills by me made.  In witness whereof I have hereunto set my hand and affixed my seal this 13^th day of February 1863.

                                                                                                            his

                                                                                                William X Breeden

                                                                                                            mark

Signed sealed and published declared by the above named William Breeden, to be his last will & Testament, in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator

            his

David X Hurst

            mark

            his

James X Williams

            mark

Wilson Dugan

Page 82

Will of Dr. Robert Hatton Hodsden

I Robert Hatton Hodsden, being in bad health but sound mind, do this day make my last will and Testament, and hereby Revoking all others -

1^st        After my Debts are all paid, I will and bequeath to my beloved wife, Mary, all my money, if there should be any on hand, and also all my money effects, such as notes, due bills, and accounts, after setting asside enough to pay the expences of my son David for another year at school in Princeton, New Jersey.

2          I also will, the my wife, all my household and kitchen furniture, beds and bedding, waggons, Haws, and Gearing, together with all the stock of horses mules cows, sheep, and hogs, that may be in my Possession at the time of my death -

3          I also Will to my wife one hundred acres of Good Land, for the use of the home farm, beginning at the North East corner of Stewart O. Dickey, Knob Land, and the fifty acre Entry, purchased by John Brabson deceased, as a part of the Bush farm, Running thence near a north course on the top of the Ridge, to a point opposite the South west corner of what is called the Tunis tract, Thence to the said corner of said tract, and then with said Tract and beared it in the same direction fifty Rods, Thence west one hundred Rods, thence South west to Yetts line, and Yetts and lines to the beginning, to hold the same in the same manner as she holds the several Bush Tracts, as willed to her and her children by her deceased father John Brabson.

Page 83

4          I also will to my wife the balance of the large entry I bought of Tunis Scott, and Perry Breeden except so much as I have sold off of said entry for her to dispose of as she thinks best for the benefit of herself & our children, Virginia David, John, and Mary.

5          I also will to my wife the farm commonly known as the Manning farm, with all the little entries around including the Tunis tract, and the old Perry Breeden tract, and the Ownsby tract.  I swaped with John S. McNutt, for of fifty acres each, for the benefit of herself and the children above named.

6          I also will to my wife, all my Interest in the Greenbrier farm, and the Rhea county farm, known as the old Stuart tract, containing sixteen hundred and two acres.

7          2^nd        I will to my son David my Gold watch.

8          3^rd        I will to my daughter, Sallie Henderson and the heirs of her body, my lands known as the Thurman tract - I also will to my Daughter Sallie, two negro men, Taylor bought for me by S. B. Henderson, last summer for $2500.00, and Ned, I purchased of Mrs. Hodges - The Balance of Negros, I will to my wife -

9          I appoint my wife sole Executor of my estate having full confidence in her capasity to manage it.

May 15^th 1864

                                                                                                R. H. Hodsden

Charles Inman

Lemuel Bogart

Page 84

Will of Thomas Hickman

I Thomas Hickman do make and Publish this my last Will and Testament, hereby Revoking and making void all other Wills by me at any time made.

First     I direct that my Funeral expences, and all my Debts be Paid, as soon after my Death as Possible, out of any money that I may die possessed of, or may first come into the hands of my Executor.

Secondly          I Give and bequeath to Lottisha Keener, and Vina Keener, Charles Hickman, James H. Hickman, and Allen Hickman, and Maston Hickman, Fredrick Hickman, Sarah Conner, and Alias Hickman, Margaret Hamilton, Samuel Hickman, Katharine A. Hickman, them or their heirs, to be divided, the Lands and moneys equally between the above named.

Thirdly              My wife Elizabeth, is to have the dwelling house, and support, out of the Lands, or money, her lifetime, Katherine A. Hickman, and Elizabeth, is to have the use of the Property, that I have on hand, one Horse, one Cow and calf, and the Hogs, and the House furniture.

Lastly   I do hereby nominate and appoint I. H. Cate, my Executor, witness whereof I do to his my Will, set my hand and seal, this the 30^th of August 1864.

                                                                                                his

                                                                                    Thomas X Hickman (Seal)

                                                                                                mark

Signed Sealed & published in our presents & we have to in the presents of the Testator this the 30^th day of August 1864

                                                                                    Fuqua Pollard.

                                                                                    James Pollard.

Page 85

George Underwood's Will

I George Underwood being weak in Body but of Perfect mind and memory, and calling unto mind, the mortality of the Body, and knowing, it is appointed for all men to die, do make my last Will and Testament.

1^st        I Give my Soul unto the hands of God that Gave it, and my Body to be buried in decent Christian burial at the discretion of my Executor, and the expence be paid out of my Estate.

2^nd        I Give and bequeath to my wife Elizabeth Underwood the farm I now live on, and the farm commonly known as the John Underwood Farm, with all their Proffits Rents &c, til my four youngest children becomes of lawful age, to Educate and support them during their minority, and the Part of the said Tract of Land lying north  of Dumplin Creek, for the same purpose - I also Give her two head of horses the old mare & filleys, also two caves and calves, also my waggon, and farming tools, two sons and four Shoats, I also give her all my household and kitchen furniture, and all my sheep, and Poultry, and I also Give my wife, Elizabeth Underwood, the farm with my dwelling house & all its appertainances, and the Davis Tract, north of Dumplin Creek, during her natural life, to support herself and to support James Anderson Underwood a minor child, and at her death, to decent to said minor child, and the said Elizabeth Underwood and James A. pay unto Parthena Clementine Underwood, a minor child, three hundred dollars when she becomes of lawful age.  I also give unto Robert Sneed Underwood, the farm known as the John Underwood Farm, when he becomes of lawful age, by his Paying Nancy Cordelia Underwood, another minor child -

Page 86

Three hundred dollars.  I also give to Wm. Henderson Underwood the Farm known as the James Underwood Farm, by his Paying me Six hundred dollars, and John Underwood six hundred dollars, and also George Kerby Underwood Six hundred dollars.  I also Give to Elizabeth Mount, Sarah Cate, Magaret Brazer, Susan Lenouer Cate, Martha Adaline Cate, Mary Jane Robertson, the Balance of my Davis Farm, lying on the South of Dumplin Creek to be divided between them, or sold and the money divided among them Equally to be sold or divided as they Please.

And my desire is that my Black smith tools, and other property not mentioned be sold, by my Executor, and the money divided, between the above named daughters.  And my Bonds notes and accounts to be collected, and after paying my just debts, if any Remain, to be divided Equally among the above named.  I Also appoint John Henderson Caldwell, my Executor, of this my last will and Testament, hereby Revoking, all other wills, by me made.  In witness whereof I have hereunto set my hand & seal this 6^th day of November 1863.

                                                                                                George Underwood (Seal)

Signed sealed and published in our presence and in the Presence of each other

I. N. Underwood

John Underwood so of

Enoch Underwood

Page 87

Sanford Allen's Will

In the name of God Amen.  I Sanford Allen of the County of Sevier, and State of Tennessee, do make, and publish this my last will and Testament, hereby Revoking and making void all former wills, by me heretofore made.

First     I direct that my body be decently burried, and that all my just debts be Paid as soon after my decease, as Posible, out of any money that I may die Possessed of, or that may first come into the hands of my Executor.

2^nd        I will and bequeath to my wife Lydia Allen the Posession and rise of my home farm, during her natural Life, with all the Household, and kitchen furniture, one horse one yoke of oxen, yoke Ring & steeple, one Waggon, one pair of Geering, two Plows, two clevices, two Single trees, two milk Cows, Six choice head of hogs, Six head of sheep, and all the Poultry on hand, two hoes, one choping axe, and one womans saddle, also one hundred dollars in money and one years provisions to be laid off to her by three prominent disinterest citizens.

Third    I have Given to my son William Allen one hundred dollars in land, as his part of my estate, except what may be hereinafter provided for.

Fourth  My wish is that my son John Allen, have one hundred dollars in land, if not in land in my lifetime, in money after my decease.

Fifth     May wish is that my daughter, Mary Dobkins, have one hundred dollars, in money, after my death, to be applied to the sole use of her and her heirs.

Sixth     I have Given to my daughter Nancy McMahan, one hundred dollars to be applied as she may direct

Seventh            I have Given to my son, Moses Allen, one hundred dollars in land, as his part of my estate except what may be hereinafter provided for

look over for Balance of this will

Page 88

Eighth   I have Given to my son Absolum Allen, one hundred dollars, also I now Give him, one half of a five hundred acre tract of Land, be the same more or less said Absolum Allen, to have posession as long as he lives, then his heirs must apply it to their use as they may see fit.  Said Land lying in Sevier County, on the waters of Webbs Creek and Joining Philip Shults Esq. land.

Ninth    I have Given my daughter Elizabeth Jane Law, one hundred Dollars in land.

Tenth    I have Given to my daughter, Lydia Kerr, twenty one dollars & seventy five cents.  My wish is that she be made out one hundred dollars, to be applied to the sole use of her and her heirs.

Eleventh           My wish is that my son Sanford Allen, have one hundred dollars in money to be paid after my decease.

Twelfth I have Given, my daughter, Catherine Russell, one hundred dollars, in Land.

Thirteenth         My wish is that my lands, that I have not sold at my death except my home farm, be sold, on twelve months credit.  also my wish is that after the death of my wife, my home farm, with all the other Property, be sold on twelve months time.  Also any notes or accounts that I may have, on hands at my death, my executors may collect until the expiration, of twelve months, All the Proceeds of my property notes and accounts must be equally divided among my four named heirs, except Absolum Allen.

Lastly I appoint R. C. Law and Wm. Allen Executors of this my

Page 89

last will and Testament, and I have hereunto set my hand and seal this July the 19^th 1862.

                                                                                                            his

                                                                                                Sanford X Allen

                                                                                                            mark

Signed sealed and Published in our Presents and we have hereunto subscribed our names by Request of the Testator.

                                                                                                John Russell

                                                                                                R. S. Atchley

Westley Huffaker's Will

I Westley Huffaker of the county of Sevier and State of Tennessee being in very feeble health but in full possession of Reason do make this my last Will and Testament revoking all others by me made

Owing to the present distracted condition of the country and to the fact that property has at this time no certain fixed value I find it Inexpedient to attempt to parcel out my estate amongst my heirs.  I therefore having perfect confidence in my wife Francis G. Huffaker and at the same time an anxious desire to secure her happings while she lives leave in her hands all that I posess Lands slaves money in hand notes Accounts Personal Property &c &c to be used and possessed by her after paying my just debts and Funeral Expences for her own comfort and the benefit of my heirs I hereby give to wife aforesaid permission to sell a tract of land adjoining the lands of William Wayland also to dispose of my slaves should the interest of the Estate and the will being of said slaves require it.  It is my will for my wife aforesaid to enter into the full possession of my Estate a hereinbefore described and to retain possession of it during her natural life

Page 90

in as full a sense as I possess it myself I accordingly appoint her (my wife aforesaid) sole Executrix of this my last will and Testament on her on her own probate bond without susities And I futher hereby confer on my wife aforesaid and invest her with full powers to dispose of my entire Estate real and personal in fee simple to my heirs first by Gift to them during her life or by bequest at her death.  This settlement of my Estate is subject to but one condition should my wife aforesaid heretofore enter into new marrig Relations here privileged revoked and the court will appoint an Executor who will settle my affairs according to the laws made and provided for the settlement of Estates

Given under my hand and seal this 29^th day of March 1864

In presence of                                                                           Westley Huffaker

R. M. Creswell

Samuel Randles

Probated 3 July 1865 page 176

Page 91

Jackson Proffit Will

I Jackson Proffit of the County of Sevier and State of Tennessee owing to the uncertainty of life in the year of our Lord one thousand Eight hundred and Sixty three being in my right mind do make and declare this my last will and Testament.  I bequeath unto my wife Sabey Proffit all my real and personal property comprising the following tracts of Land and appurtannances.  The Home Stead farm compossing six hundred acres more or less Five thousand acres more or less laying on the waters of Little dudley Sevier County Term to have and to hold during natural life or marriage a same the remains to my six sons and their heirs for ever as follows Benjaman Proffit  James proffit  David Proffit  Pleasant Proffit  Wm. Proffit  Aron Proffit to have equal parts of the above named Five thousand and Six hundred acre tract

To my four Daughters Mary Ann Proffit  Sarah Proffit  Elizabeth Proffit  Martha Proffit I bequeath each to have out of my estate one years worth, one hundred & fifty Dollars And to my son David Proffit I bequeath my Interest of five hundred acres more or less in a joint held by John Henry and my self this Jany. the 16 1863

Attest                                                                                                   his

                                                                                                Jackson X Proffit

William Benson                                                                         mark

James McMahan

John Large

A. C. Catlett

I Jackson Proffitt appoint James Proffitt and John Henry Executors and Administrators of my Estate

Page 92

Benjamin Tipton's Will

I Benjamin Tipton, do make Publish this my last Will and Testament, hereby Revoking and making void all other wills by me at any time made;

First     I direct that my funeral expences and all my debts be Paid as soon after my death as posible, out of any money that I may die Posesed of or first may come into the hands of my Executor.

Secondly          I Give and bequeath to Calaway Cagle and Jane Cagle, one Tract of Land lying and being in the County of Sevier and State of Tennessee, and in District No. 10 containing by estimation fifty Acres, known as the Cagle Tract, and also that the said Calaway, and Jane Cagle have one Bed, Bedstead and furniture each.

Thirdly  I Give and bequeath to my two sons Benjamin F. Tipton, and Marion Tipton, and my two Daughters, Tennessee McPherson and Rebecca Boling, one Tract of Land, containing one hundred Acres more or less, it being the Tract on which I now live, and also I Give to said two sons and my two daughters above named, my mountain Lands, supposed to be seven hundred acres more or less.

Fourthly            I direct that my Personal property, that I may die Posessed of be sold and the money equally divided between my above named heirs, Benjamin F. Tipton, Marion Tipton, Tennessee McPherson, Rebecca Boling, Calaway Cagle, and Jane Cagle.

Fifthly   If my wife Polly Tipton, should survive me, then she is to have the fifty Acre Tract during her

Page 93

lifetime, and also the household and kitchen furniture during her lifetime.

Lastly   I appoint Cromwell Delozier, my Executor, to execute this my last will and Testament

Signed sealed &c &c in our presence this 6^th day of September 1865

                                                                                                Benjamin Tipton (Seal)

Attest

Andrew Rogers

William M. Burnett

John Forgasons Will

In the name of God Amen.

I John Farguson, Sr. of the County of Sevier, and State of Tennessee, do make and Publish this my last will and testament.

1^st        I direct that my body be decently burried and all my just debts, be Paid as soon after my decease as Posible.

2^nd        I will and bequeath, to my beloved wife Peggy Farguson, all my household and kitchen furniture, all the Hogs, sheep, and cattle, that may be on hand at my death, one Horse, if any on hand at my death, one two horse waggon with Gearing for two Horses, and all the farm tools, the Posession, and use of all my buildings and that she have her support off of the Land during her lifetime.

3^rd        My wish is that my two single daughters Nancy and Dialthy, live with their Mother and have their support off of the Land, by them helping to cultivate the Land, when able, and to have a house and home on the farm as long as they live single.

4^th        My wish is that all the Grain and meat, that is on hand at my death, be used, by my family.

Page 94

5^th        My wish is that my son John Farguson have my Land by his taking care of his Mother, and two sisters as above described and if the above named Daughters should marry, my said son John is bound to Pay each of them fifty Dollars in the currency of the Country in twelve months after their marriage.

6^th        My will is that my Daughters Jane Polly Martha, and Margaret have fifty Dollars each to be paid in twelve months after my death, in the currency of the Country as their part for the Land.

Lastly   I hereby appoint my son Jon Farguson, and John Russell, my Executors, of this my last will and Testament in testimony I have hereunto set my hand and seal this, April 21^st 1865.

                                                                                                his

                                                                                    John X Farguson

                                                                                                mark

Test.

John Templin

H. S. Blair

Will of Richard Shields

State of Tennessee        )

Sevier County               )           March, the 28^th 1865.

            I Richard Shields, being in feeble health, but of sound mind do make this my last will and Testament to wit

1^st        It is my will that my wife Emily E. Shields, have the full controll of all my Property, and lands after my death, during her natural life, or as long as she Remains my widow, after which I will that the Lands that I now own, shall belong to my Heirs of my last wife, Emily E. Shields.

2^nd        I will that all my Heirs of my first wife, shall be equal heirs, with the Heirs

Page 95

of my last wife in any minerals that may be found on the Lands that I now own, I also will that John C. Porter (my wifes son) be an equal Heirs, with the Heirs of my first wife (Susannah Shields) Decd., in any or all minerals that shall or may be found on the land that I now own, or in other words I will that my Heirs of my Deceased wife, and my late wife, to be equal Heirs in any minerals that may be found, on said Lands but my Heirs by my last wife to have, all my lands, after the death of my wife Emily E. Shields or until she is no longer my widow, that the said John C. Porter to be equal in all Respects with my Heirs in all minerals as afore said.

3^rd        It is my will that my wife Emily E. Shields if she may think proper to convey a deed for Acres of land to my daughter, Nancy Inman (as heretofore Indicated by me) for her to hold as long as she will live upon the same or the Heirs of her body that if she or the Heirs of her body fail to live upon the same, the said deed that she may make shall be nul & void and all of said Land, shall belong to my heirs, by my last wife, as before stated

            I further will, that John C. Porter, my wifes son, be an equal Heir with the Heirs of my last wife, Emily E. Shields.

            This Given under my hand and seal

                                                                                                his

                                                                                    Richard X Shields (Seal)

                                                                                                mark

Attest

James Drennon (Seal)

A. J. King (Seal)

Page 96

Lemuel Carmichael's Will

            In the name of God Amen.

I Lemuel Carmichael Sen. being of sound mind and of disposing memory But calling to mind the uncertainty of live do make and declare this to be my last will and testament.

And firt my will is that all my debts and burial carges be paid of my estate

Second             I will and bequeath all my property both real and personly to my wife Louisa for and dureing her life time and widowhood

Third    after the Death of my wife Louisa should she live longer than myself my will is that Thomas G. Carmichael a Boy nine years of age that I am raising shall possess and have a certain parcel or tract of land adjoining the lands on which Peter H. Bryan now lives and others Beginning on a white oak tree on the west side of Elija Cates hill field & corner of my lands and running to a small hickory near Peter H. Bryans little field said hickry stands on a rock then the various courses to the begining so as to run with the lines of or adjoining the lands of Elisha P. Cate and adjoining lands and running with formly the lands of Elisha Cate and adjoining the lands and runing with the lines of Elija Cate to the beginning and I also bequeath to the above named boy Thomas Carmichael two hundred dollars in cash or money on the following condition to wit that this will I intend to bequeath to my two step sons John Haines and William Haines a certain portion each of my lands conditioned

Page 97

as follows to wit that the said John and William Haines pay over to said Thomas G. Carmichael one hundred dollars each which shall constitute the above named bequeath of two hundred dollars and that the said John and William Carmichael Haines pay over said money in a resonable lenth of time after they shall have come into possession of said land

Fourth              It is my will that after the death of wife as above stated that John Hains & William Hains have my home tract of land and that said bequeath to said John and William Hains be subject to the requirements of the third Item of this will Provided they the said John & William Hains cultivate my farm and produce a suficient support for myself & family so long as we bothe shall live or either of us

Fifth     that from & after my death or that of my wife if the above named boy Thomas J. Carmichael has not recieved a sufficient Education that his Education be finished to a reasonable extent out of my personal property that may be on hand   It is my will that this Item be fulfilled to a resonable extent

Sixth     my will is that if my wife Louisa should out live me and wish to sell and move off that she is hereby authorized to sell all my lands and to make a title or titles to the same but to pay to each of the legatees according to their respective legacies that potion of the money so received for said lands

Seventh            Should their be any personal property left at the death of wife Louisa my will is that it shall be sold and the proceeds given to Thomas J. Carmichael

Page 98

Eighth   my will is if said Thomas J. Carmichael should die before he comes to the age of twenty one years that all the estate real and personal that I have willed to him shall go to my son John M. Carmichael And now having disposed by will of my worldly effects I hereby appoint my beloved wife Louisa Carmichael and Daniel Kelly executors to this my last will and Testament and I also appoint Daniel Kelly guardian to the above named boy Thomas J. Carmichael and that he is here by empowered to carry out the provisions of this will in regard to said boys Education provided said Louisa Carmichael should die before said boy should be come of age according to this will

                                                                                                            his

                                                                                                Lemuel X Carmichael

                                                                                                            mark

This thirteenth day of August 1864

Read to said Lemuel Carmichael in presence of

Samuel Mount

Robert. R. Bryan

Will of Isaac Ogle

I Isaac Ogle being impressed with the uncertainty of life & the certainty of death do make & ordain this my last will & Testament

Item first.  It is my desire that as soon as possible after my decease that all my debts be paid and for that purpose I wish my Executors to sell my farm known as the Thurman farm adjoining G. W. Seatons Lands & others at public auction to the highest bidder after giving

Page 99

Will of Isaac Ogle

due notice by advertising on Twelve months credit the proceeds to be applied to the payment of my debts the remainder if any to be put in the hands of my Beloved wife Nancy Ogle for the raising and educating my children

Item Second.  I desire my beloved wife Nancy Ogle to have the control and benefit of all my other lands during her widowhood and if she remains a Widow as long as she lives and at her death I desire the land sold and the proceeds distributed among all my children, after making the younger children equal in share with those who have married, but I desire my children as they may marry or arrive of age to be made equal with the others.

I desire that my beloved wife shall have all my personal property during her widowhood, as if she remains a widow during her life, and then said personal property to be sold & distributed equal among all my children.

I hereby appoint my son Horatio B. Ogle & Robert Marshall my Executors to carry out the provisions of this Will  They to be paid reasonable compensation for their trouble in executing this will

Witness my hand April 22^nd 1866

                                                                                                            his

                                                                                                Isaac X Ogle

                                                                                                            mark

Attest

Isaac Trotter

J. M. Hammer

Page 100

Will of Ashley Wynne

State of Tennessee        )

Sevier County               )

I Ashley Wynne being in a bad state of heath but in sound mind do make & publish this my Last will and Testament, hereby revoking and making void all other wills by me at any time made.

first I direct that my funeral expenses and all my debts be paid as soon after my death as possible, out of any moneys that I may die possessed of or may first come into the hands of my Executor

Secondly, I give and bequeath to my wife Nancy R. Wynn the farm which I now live on to control and manage during her life, at her death the farm to be divided between my two sons, E. M. Wynn and T. D. Wynn.  E. M. Wynn and T. D. Wynn must each of them pay to my Daughter Mary R. Trotter five hundred dollars when they get possession of the land.  E. M. Wynn and T. D. Wynn are to remain on the farm as heretofore should Mitchell or Dottery wish to make any improvement on the land, they can at any time have a conditional line run and know their part all the grain on hand the stock and tools, household and kitchen furniture is to remain with my wife and at her Death to be equally divided between my three children viz.  Mary R. Trotter  E. M. Wynn and T. D. Wynn, the debts coming to me in Virginia my Executor I want to collect and divide the same equally between my wife Nancy R. Wynn, Mary R. Trotter, E. M. Wynn and T. D. Wynn.  Lastly I do hereby nominate and appoint E. M. Wynn my Executor in witness

Page 101

whereof I do to this my will set my hand and seal this 4^th day of May 1859

                                                                                                his

                                                                                    Ashley X Wynn

                                                                                                mark

Signed sealed & published in our presence and we have subscribed our names hereto in the presence of the Testator this 4^th day of May 1859

Curtis Mills

Basdill Scruggs

Martin Bakers Will

I Martin Baker being of sound & perfect mind and memory do make and publish this my last Will and Testament in manner and form following  First, I give and bequeath unto my beloved wife Elisabeth Baker all my real and personal estate and property of every kind and description, for her to enjoy for & during her natural life or widowhood with the following conditions.  My desire is that my youngest son, Martin Caswell Baker shall live with and take care of his mother that he shall have a good Horse, that he may son Martin Caswell, shall when my grand son Martin (the son of my deceased Daughter Cynthia Baker arrives at manhood pay to him the said Martin son as aforesaid of my said Daughter Cynthia a good Horse.  It is my Will and desire that at the decease or marriage of my wife Elisabeth Baker, that my said son Martin Caswell shall have all of my real and personal estate - provided he pays as above stated to my grand son Martin and to my Daughter Susannah Thornton, Twenty five dollars, to my Daughter Elisabeth Lewis twenty five dollars, to my son James Baker

Page 102

Martin Bakers Will

twenty five dollars to my Daughter Mary Keeler formerly Mary Baker twenty five dollars to Daughter Louisa Jane Baker fifty dollars to my Daughter Sarah Arminda Baker fifty Dollars.  But still it is my will, wish and desire that my said wife Elisabeth shall have the power at her discretion to give out of my personal estate to any of the above named devisees - whatever she may think right and proper in order to make the above devisees as near equal as possible and to effect that purpose I give to my said wife all the debts of every description that is owning or coming to me

And I hereby appoint my beloved wife the said Elisabeth Baker sole Executrix of this my last Will & Testament hereby revoking all former wills by me made

In witness whereof I have hereunto set my hand and affixed my seal this 15^th day of December A. D. 1854

                                                                                                            his

                                                                                                Martin X Baker

                                                                                                            mark

Signed sealed published & declared by the above named Martin Baker to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator

            his

William X Henry

            mark

Patrick Patton

Nelson Duggan

Page 103

Will of John Owenby

I John Owenby do make and publish this my last Will and Testament hereby revoking and making void all other wills by me at any time made

First I direct that my funeral expenses and all my just debts to be paid as soon after my death as possible out of any money or property I may be possessed of at my death or the first money that may come to the hands of my Executor

Secondly,  I give and bequeath to my son John H. Owenby all my property both real and personal consisting of one hundred and twenty five acres of Land, Cattle, Hogs, Horses, house hold furniture &c.  I have given and bequeathed all my property to my said son John in consequence of his kindness in taking care of myself and wife in our old age and during our infirmity

Lastly I do hereby nominate my son John H. Owenby as my Executor

In witness whereof I do set my hand and seal to this my last Will this 4^th day of February 1858

                                                                                                his

                                                                                    John X Owenby

                                                                                                mark

Test

F. L. Emert

Philip S. Shults

Page 104

Will of James Bohanan

State of Tennessee Sevier County this the Eleventh of March 1867

I James Bohanan do this day make my last Will & Testament of my real Estate & personal property, after all my just debts are paid, I want the use of my Land to the use of Sophia Bohanan and my children as long as she remains my Widow & if she marries before the children comes of age and gets a man that don't treat them as well as their Grandpap I want him to keep them and have the use of the Land When Wm. Bohanan & Noah Bohanan comes of age I want them to have my land I want Sophia Bohanan to have my mare, I want her to have one cow and Margaret Jane the other and I want them both to have the things in the house.  I want my Father to take charge of Sophia & the children and my other goods and chattels & see that they are put to the use & contents of my Will during her Widowhood if she marries before the children comes of age I want her to have the things that I have willed to her after all just claims is paid off out of my goods & chattels that is not bequeathed, if there is any thing left I want my Two Boys to have it

                                                                                                            his X mark

Test                                                                                                      James Bohanan

Lydia Whaley

W. H. Bohanan

Page 105

Will of A. M. Layman

In the name of God Amen.

I A. M. Layman do make and Publish this my last Will & Testament hereby revoking and making void all former wills heretofore by me made

1^st        I direct that my Body be Buried in a manner suitable to my condition in life and that all my Just debts be paid as soon as possible after my decease

2^nd        My wish is that my Beloved wife Jane Layman have all my Lands with all my Personal effects during her natural life or Widowhood.

3^rd        After the Death or Marriage of my said wife I direct that my Lands with all other effects that may be on hand be sold by my Executor and the proceeds of said sale be equally divided amongst my children, John M., James S., Daniel W., William C., Margaret E., Caswell T. & Albert W. Layman.

And Lastly, I hereby appoint my son, John M. Layman my Executor of this my last Will & Testament in testimony I hereunto set my hand and this November 23^rd 1866

Attest                                                                                                   A M Layman (Seal)

John Farguson

John Russell

Page 106

Copy of Will of Wm. Canterbury

I William Canterbury of the County of Sevier & State of Tennessee being Now old & mindful that is appointed to all men once to Die do make and ordain this to be my last will my Last testament in relation to the good things of this world with which it has pleased God to bless me

First     I give & devise to the children heirs of Edward Calvert born of his wife Nancy my Daugher to wit Betsey Calvert  James Calvert  Pobuch Calvert  Alexander Calvert & also James Toomy my farm called the Calvert place to be Eqally devided among them & their heirs

Secondly          I Give devise to Samuel Pate & his wife Hannah the plantation I Now live on & also the Atchley farm on Millican to be held & enjoyed by the said Samuel Pate & Hannah during her life & after her Death my will that the two said tracts of land shall go in Equal shares to the children of the said Hannah & there Heirs I also give & Bequeath to the said Samuel Pate & his wife Hanah my slaves Kizah & her child Marth also George Henry Preston & Pleas and to be held & prossessed by them during the life of the said Hannah & after her death my will is that the interest & prosperity of said slaves shall vest equally in the children & heirs the said Hannah.

Thirdly              My plantation called the moon place on flat creek & one hundred Acres are called my Entry joining or nearby joining the said Moon place I give & devise to my Executor hereafter to be mentioned Named to be by them sold on a twelve months credit & the proceeds Thereof to equally divided Absolom Siverly & his wife Rebeckah & Thomas Guthery & his wife Polly or in case any of the parties Share

Page 107

die before this my will takes effect then their presentatives to stand in the place of the deceased party as to said divide   To the said Thomas Guthry & his wife Polly I also give & bequeath my slave Lane & her three children to be held & possessed by them during the life of the said Polly & after her Deceased it is my will that said Slaves go to the children of the said Polly in equal Shares & interest.

Fourthly            To Daniel Atchley & his wife Sally I give & devise my two tracts of Land called the Campbell place where the said Daniel & his wife Now lives to be held & enjoyed by them & the survivors of them & after the Deceased of the Survivors to heir heirs to the said Daniel Atchley & his said wife Sally I also give & bequeath my said slaves Fan Frank & Scinth to be by them owned & possessed during there Joint lives and the survivors of them & after their deceased to their heirs it is also my will that the said Daniel Daniel & Sally shall Mantain & support My old slave Fillis & if at any time they on survivors of them shall refuse to do so then & in that base their right to the salves here bequeathed to them shall cease & the right of said slaves shall vest in such of my heirs as shall provide a suitable maintainance and support for sd. Fillis.

Fifthly   My slaves Abe Elisha I give & bequeath to Absolom Shiverly and his wife Rebeckah during their joint lives & after the death of the survivor to their children.

Sixthly  my will & desire is that all my personally property except cash on hand & except such as has been here in before disposed of be sold on a credit of twelve months & that out of the proceeds there of one hundred dollars to be paid

A Tract

Page 108

Absolom Siverly & his wife Rebekah or either of them it is my will that all the ballance of the proceeds of the said sale of personally property shall the cash on hand and such debts as may be collected shall after defraying the expenses of my burial out of cash on hand & paying of such littel debts as I may justly owe if any be equally divided between Absolom Siverly & his said wife Thomas Guthery & his said wife Samuel Pate and his said wife & Daniel Atchley and his said wife so that each man & his wife or their representatives shall receive one fourth part of the said proceeds debts & cash on hand

Seventhly          It is my will that James Tommy & Daniel Atchley execute & carry in to effect this my will & that when it shall please God to seperate my Soul from my body it is my will that they bury my mortal remains in a decent Christian manner & pay the expence there of out of the money on hand  In witness where of I have hear unto subscribed my name this     day of February in the year of our Lord 1855

Signed in the presence of us

Lewis Reneau

William Atchley

N B  My slave Charles I have Long intended to make free I there fore give & bequeath him to his wife Jane & his heirs forever

It is also my will that my slave Fan here in before bequeathed to Daniel Atchley & wife be after the deceased Atchleys said wife be free because she has been a good slave to me

                                                                                                William Canterbury

Page 109

Will of Thomas Bryan

In the name of God Amen.  I Thomas Bryan of the County of Sevier and State of Tennessee being of sound mind and memory and in view of the uncertainty of this Transitary life do There fore make and ordain this to be my last Will and Testament that is to say after all my lawful debts are paid The residue of my Estate I give and bequeath and dispose of as follows to wit

To my beloved wife my household & kitchen furniture one cow six sheep all the poultry one bed stand during the term of her Natural life and after her death all to be Sold by my executors except the bureau loom & cooking stove which are then to belong to my Daugher Lucy

To my son William E. Bryan I will the lands on farm on which he now lives as surveyed to him with thirty acres additional on the south side of my William Bryon entry by his paying to my Estate four hundred Dollars in addition to the one hundred heretofore paid

To my Son P W Bryan I will the lands cultivated & possessed by him and surveyed to him containing one hundred & seven acres more or less by him paying to my estate two hundred & twenty five Dollars in addition to the one hundred & twenty five Dollars heretofore paid

To my son A W Bryan I will the lands or farm on which he now lives & as surveyed to him containing one hundred & seventeen one one half acres more or less by his paying to my Estate one hundred & seventy five Dollars in addition to the one hundred seventy five Dollars heretofore paid

Page 110

To my son R. R. Bryan and his heirs and to my Daughter Lucy & her husband William H. Brennen I will the home sted embracing all of said tract not included in the Surveys of William E, P H & A W Bryan and also all my Land known as the Back entry adjoining the Lands of Thomas Furgason & others on the following conditions to wit that my self & wife remain in the house & be supported by them as long as each of us may live by my son Robert paying to the two heirs of T. C. Bryan Deceased each one hundred & fifty Dollars on or before they are twenty years of age & that he also pay to Dr. S. Cunningham of Jonesboro one hundred Dollars And that he also pay to my wife if she should need it one hundred dollars & if her necessities should not require him to pay the full amount the balance of the hundred Dollars to be paid to my Estate & William H. Drennen is to pay to my Estate Six hundred Dollars my son Robert has the privalige of selling his interest provided he invests the same in land for his heirs and as heretofore Directed

My tract of land known as the hester place with the entry between it and all Bryans tract and all the William Bryan Entry except the thirty acres left to William E. Bryan is to be sold and all my stock goods and effects not heretofore excepted to be sold I will my daughter Mary Newman  Eliza J. Wooten  Sarah C. Henry and Margaret A. Gaut each thre hundred Dollars and to Rachel N. Elder one hundred Dollars and to each of her two Daughters Carline Manard and Nancy Layman fifty Dollars to be paid out of the last payment received on the lands left my sons

Page 111

And to George A. Keener I will one hundred Dollars to be paid to him when he is twenty one years old it is my will that my executors pay the remainder of the dues of T C Bryan Decd. then the estate shall be wound up and all my lawful debts paid and aftering paying the amount herein specified should there be still a remainder on hands it is my will that it be equally divided among those of my heirs who have not received land & should the Judgment I have obtained against Allen S. Bryan be collected it is my will that the amount so collected by equally divided among all my heirs

Should I die before the present crop is made it is my will that William Drennen be allowed my horse & mule & farming tools to raise the crop with & that he be allowed all the grain & hay Now on hands except one crib of corn one fourth of the ensuing crop after paying the work hands to be mine

It is my will that my executors have the graves of my two Decd. sons J. W. & T. C. Bryan marked by tomb stones or otherwise if they deem best

Likewise, I make constitute and appoint my said sons P H & R R Bryan to be executors of this my last will and Testament hereby revoking all former wills by me made In testimony whereof I have hereunto subscribed my name & affix my Seal the twenty fourth day of March in the year of our Lord one thousand eight hundred and sixty seven

                                                                                                Thas. Bryan (Seal)

Signed in the presence of

Perry Cate

Thomas Brennin

Elisha S. Cate

a true copy from the original

                                                                                                W. H. H. Duggan Clerk

Page 112

Will of Robert McMahan

I Robert McMahan of the county of Sevier and State of Tennessee do make and publish this my last will and testament It is my will that as soon after my death as posable that my funeral expenses be paid out of my money on hand.

Second I will and bequeath to my wife Hulda McMahan the use and benefit of my lands during her natural life and also my personal property that may be on hand at my death for and during her natural life.

3^rd        I will and bequeath to my son John McMahan all my lands after the death of my wife Hulda McMahan he paying to my son James P. McMahan the sum of twenty five hundred dollars as I desire that my said son James P. McMahan should have that amount out of the value of my lands.

Fourth  I will and bequeath to my son John McMahan one Thousand dollars out of the money on hands and debts due me

Fifth     I will and bequeath to my grad son Robert Hardin the sum of five dollars

Sixth     it is my will that what remains of money on hand and debts owing to me after paying the above bequests to equally divide between my son James P. McMahan and my dughter Nancy Houk   Sallie Catlett  Rebecca Snapp and the children of my deceased daughter Rachel Davis giving to the children of my deceased daughter Rachel Davis one share or one fifth part of said money & debts

Page 113

I appoint my sons James P. McMahan & John McMahan Executors of this my last will and testament  Given under my hand and seal this 6^th day of Nov. 1869

                                                                                                Robert McMahan (Seal)

signed and sealed in our presents and attested by us at the request of the Testator this 6 Nov 1869

M. W. McMahan

R. H. Andes

Page 114

Will of Samuel Huffaker

I, Samuel Huffaker, of the State of Tennessee and County of Sevier, being of sound mind and memory, and considering the uncertainty of this frail, and transitory life do therefore make ordain, publish and declair this to be my last will and testament, that is to say First after all my lawful debts is paid and discharged, and I have a good Christian burial, The residue of my estate real and personal, I give bequeath, and dispose of as follows, to wit, To my wife Mary Huffaker all of my personal estate of what kind so ever, it be (not herein after beqathed, house hold and kitchen furniture farming utentials, stock of every kind consisting of horses & cattle sheep hogs & poultry as many as may be on hands.  Also one small tract of land lying in the State of Missouri Mercer County, and all other lands that me or my wife heirs may become seized of during her nathural lifetime or ever after wards to support and educate, my four sons, to wit, C. U. & J. R. N. & E. C. & E. S. in a common English education and enjoin it on my executor, if their education is not competent, at my wife death to exhaust all the means, in their hands, or make them competent, and at my wife desease the above property with the Increase if any is to bee equally divided

Page 115

between the above named Sons by sale or otherwise, at the discretion of my executor.  Also all the provision on hand such as corn wheat bacon &c.  And whereas George Hudson in his last will and testament gave the land I now live on, to my three old children to wit, J. W. & M. E. & M. A. Huffaker - At the death of myself, and wife, that is Also my will, it is believed that J. W. Huffaker is dead, but, if he is not, and comes home, in any any reasonable time, I wish him to have my blacksmith tools but otherwise, I wish them to fall back to my present wife and her children.  I Also gave to my two daughters, all the property, both household, kitchen property, that is in my hands that she (ie) their mother brought with her when me and her was married (ie) my two daughters Manurva E. & Martha A. Huffaker, Also all that they may have made for themselves, Also to be equally divided between them.  Also one cow, or heifer each.  I further wish that, if my wife and her four children should all die before the children has any heirs of their own, that their part of my estate be turned over to the Bible Society of the Methodist Episcopal Church of the United States.  I further appoint John Underwood (ie) my wife brother and John H. McNutt my executors without security as I believe them both to be honest men, given under my hand and seal this the 6^th day of September 1866

                                                                                                Samuel Huffaker (Seal)

Page 116

Signed sealed and delivered in the presents of us all and in the presence of each other

Attest

William T. Underwood

Samuel F. Green

Will of Eli T. Ogle

State of Tennessee        )

Sevier County               )           March the 16^th A. D. 1867

I Eli T. Ogle give the following as my will and request Washin & Nicholas my sons to have at my Death I request Washin & Nicholas to have my Land and want Mary to have the use of it while She remains my widow and I want her to pay my Debts out of my property and the rest to be Equally devided between Suzy and Dicy Jane my Daughters and want Mary to have the use of all my truck while she remains my widow but no Longer

Given under my hand and seal this day and Date above written

                                                                                                Eli T. Ogle (Seal0

Test

Isaac King

G. B. McCarter

Page 117

Will of William Cannon

I William Cannon of the County of Sevier and State of Tennessee being of an advanced

aged remembering that it is appointed for all men once to die and also being desirous to declare the desposition which I think ought to be made of my property after my death I make public and declare this Instrument of writing with its following provisions to be my last will and Testament To wit

1^st        I here by appoint my sons Gilford Cannon and William Cannon and my son in law James M. Sharp to be my Executors to execute and to carry into effect the provisions of this my will and testament according to there three Interest

2ndly    I desire that after my decease my Executors shall give to my boddy a decent and cristian burial and pay the Expenses out of my Estate as may be here in after discribed

3rdly    I desire that my Executors divide my Estate real and personal into eight shares of Equal value provided they shall find it practicable to make such a division and can agree upon what that division should be and if this division shall be made it is my will that each one of my exectuors here in named shall have one of these Eight shares and that the heirs of my deceased Son John O. Cannon born of his first wife Caroline Daughter of Martha Nelson shall have a fourth one of those shares and that the heirs of the boddy of my deceased daughter who Intermarried with Mathew Bogle shall have a fifth one of those said shares and that the heirs born of the body of my deceased Daughter Martha Caroline who intermarried Nicholas N. Ernest shall have a sixth one of those said shares and the heirs born of the body of daughter Mariah who intermarried with Joseph W. Ernest shall have a seventh one of those said shares

Page 118

4^th        It is my will that the profits of the remaining one eighth share of my property of the said division shall be made shall be enjoyed by my daughter Syntha Rogers during her life and that after her deceased the said share it shall be equally among her heirs born of her body subject to the following provisions to wit

My Executors shall take from the said Eighth share five hundred Dollars or five hundred dollars worth of property and with so much of the same as shall be necessary they shall pay the expence of burial and the balance they shall add in equal portions to the said Eight shares including the one from which it may be taken as well as the other seven before Mentioned the subtraction of the said five hundred dollars from the said Eighth share as here in before directed is disserved because I have heretofore done more for my said daughter Syntha than I herefor any of my other children

In order to give effect to my will relative to my said daughter Syntha and the said Eighth share of my property I hereby appoint and constitute George Rogers son of my said daughter Syntha Rogers a trustee to receive the one eighth share of my property after the said five hundred dollars shall be subtracted from it as herein before directed and to manage the same so as to make it subject to the following uses & purposes to wit if real Estate shall constitute the said Eighth share or any part there of he my trustee may rent or lease it out upon such terms as he may think proper

Page 119

and If a slave or slaves shall constitute said share on any part there of he may in his discretion hire out such slave or slaves upon such terms as he may think best or if money shall constitute the said Eighth share or any part there of he may so dispose of it as to preserve the principle and make it produce lawful interest provided always that if personal property of any discription not being money or real property shall constitute the said Eighth share or nay part there of my said trustee may in his discretion sell the same for money upon such terms as he may think the best or he may request my Executors to sell the same for money under such rules and regulations as he may prescribe in writing and if he shall so request and preserve as afore said it is my will that my Executors sell accordingly and pay the proceeds if they shall collect them to my said trustee

It is my desire that what ever money my trustee may receive for the rent or the hire of property according to the directions of this will if any shall be so received and the Interest of money which he may receive under the provisions of this will shall be so appropriated to the use and support of my said daughter Syntha Rogers and her dependant children if any such she shall have during her life I do also authorize and empower my said trustee if he shall receive receive any slave or slaves constitution apart or all of the said Eighth shares to employ him her or them in the service of my said daughter as he in the exercise of his discretion may think proper or he may sell or hire him her or them as before stated during the life or my said daughter Syntha it is my will that my trustee shall from time to time appropriate and apply the proceeds

Page 120

and proffits of the said Eighth shares of my Estate to the mantainance and support of my said daughter Syntha and her dependant children if she shall have such or he may pay them unto her own hands as herein his discretion may think best and after her decease it is my will that the principal of the said Eighth share be equally divided and distributed to the heirs of the said Syntha born of her body and if any of her children shall be decease leaving Issue such Issue shall be considered as representing his her or their deceased parents and shall be entitled to receive such portion of the said Eighth share as his her or there parents would be entitled to if living

5thly     But if my Executors shall find it impractable to make or agree upon such division of my said Estate as it is herein before provided for it is my will that they shall sell them hole of Estate both real an personal under such Rules and regulations as they may think best and be able to agree on and if such sale shall be made it is my will that each of my Executors here in before mentioned and appointed shall have one eighth part of the proceeds of said sale of my Real Estate as his share as his share and portion of the same it is my will that the other five Eighths of the said proceeds shall be paid to my other heirs in equal shares and portions according to the foregoing provisions of this my will that is to say one eighth part of the said proceeds of said sale

Page 121

shall be paid to the heirs born of the body of my deceased daughter Nancy who intermarried with the said Mathew Bogle or to there guardian for there use and one eighth part of the said proceed of said sale shall be paid to the heirs of my deceased son John O. Cannon which were born of the body of his said first wife Caroline or their guardian for their use and one eighth part of the said proceeds of said sale shall be paid to the heirs born of the body of my deceased daughter Martha Caroline with Nicholas N. Ernest or to their guardian for their use and one eighth part of the proceeds of said sale shall be paid to the heirs born of the body of my deceased daughter Mariah who intermarried with Joseph W. Ernest or to their guardian for their use And it is my will that five hundred dollars shall be subtracted form the remaining Eighth part of said proceeds of said sale and that after paying my funeral expences out of the said five hundred dollars the remainder shall be added in equal portions to each of the said eight principal parts or shares including as well the eight part from which it shall be taken as the other seven it is my will that this eighth part of the said proceeds of the sale of my said Estate after it shall have been subject to the subtraction and subsequent add on before mention shall be paid to the said George Roger trustee before provide in trust for the use and benefit of my said daughter Syntha Rogers during her life and after her death the principal to divided and paid to her heirs born of her body according to the foregoing provisions of this will

Page 122

Explanatory remarks the reason why I have excluded the children of my son John O. Cannon by his second wife from the provisions of my will is owing to an arrangement which he in his life time told me he would for them requesting me at the same time to confine the bequest I might make for the children of his to those of his first wife

It at any time it shall be the opinion of the said Trustee George Rogers that the situation of my daughter Syntha requires an expenditure if a part of the principal of the said eighth share hereby bequeathed to him in trust for the use he may in his discretion make such expeniture

It is my will that my Executors shall pay Legacies herein bequeathed and that where a division or bequeath shall by this will become due to any of my grand children whom ay be under lawful age the payment of what they may be entitled to shall be made to their lawfully appointed guardian if such there shall be and in default of there being such guardian it shall be retained in the hands of my Executors until the said children shall be twenty one year of age or shall have appointed for them

It is my will that my Executors shall Execute this will without being required to give security for the discharged of their service And I do here by revoke annul and make void any other and all other wills and testaments by me heretofore made

Page 124

continued

This is a Codicil to my last will to which I have heretofore made some changes and I now declare and wish this to be taken as a part of my will and I wish the property and bequests given to my Daughter Rebecca be so changed as to give it to her only in trust and so much of it as may be necessary for her support I wish her to use and the balance give to the heirs of her body after her death and that my son in law James M. Sharp shall no control or management of the same as I do not wish to invest in him any claim or right to the same.

Signed sealed and acknowledged in our presence this 11^th day of May 1868

Adam F. Keener                                                                                              his

                                                                                                            William X Cannon

John McCroskey                                                                                              mark

See batch 5.

Page 125

Will of John Wear

In the Name of God Amen

I John Wear of Sevier County and State of Tennessee being of sound and perfect Mind and Memory blest be God so this 15^th day of February in the year of our Lord one thousand eight hundred and sixty Eight Make and publish this my Last will and Testament in a manner following that is to say

1^st        I give and bequeath to my Beloved wife Sally Wear all my Land and Stock viz all my horses and Cattle Sheep and hogs and all other stock with my farming utensils and Wagons Blacksmith tools Beef household and kitchen furniture and my riful gun and what money I may have on hand and all notes and bonds after paying all my just Debts and Funeral Expenses in trust for the use and support for her and family while they Live with her until her youngest child Pleasant Wear becomes of Lawful age then all the Land and other property to be sold at Public Sale Except what the Law allows my wife and my Riful gun when my youngest son becomes twenty one years of age then for him to have the afore said gun I Enjoin it on my Executrix here in after mentioned after selling my Lands and other property to divide the money that may arise from the sale there of Equally between all my children share and share Equally alike between all my children as well the half Blood as the whole and I do here make and ordain my wife Sally Wear

Page 126

Executrix of this my last will and testament in witness whereof I the said John Wear have to this my Last will and Testament set my hand and seal in the presents of

Test                                                                                                      John Wear (Seal)

John W. Sutton

            his

Elbert X Huskey

            mark

Page 127

A certified copy of the Last Will of George Layfollet Deasce

In the name of God Amen

I George Layfollet being in body but sound in mind and Memory thanks be to God make my last will and Testament in maner following Article first I want all my just Debts paid

Article Second I want to be buried in a plain and decent manner and be burried at Wellses Chapel

Article 3^rd         I want my beloved wife Elizabeth Layfollet to have all my land during her natural life or widow hood

Article 4^th         I want my wife to have all my horses to raise my children with

Article 5^th         I want my wife to have all my cows hogs and sheep and all my household and kitchen furniture and my Loose property over and above what pays my just Debts

Article 6           I want in order to pay Debts to have my Black smith tools sold and one Rifle gun and the four parts of the wood works of my wagon and the Iron to go on the same and if that is not sufficient to pay my Debts I to sell my young horse I also wish to Sell the Said property at twelve months credit

Article 7           I want my son Jeremiah Layfollet to live on the place where he now Livs and have a part of the ground to lend free as Long as him and his mother can agree

Article 8           I want at the Decease of my wife or widowhood for my two youngest Son William and George to have all my land the said Land to be Equally divided between the two

Page 128

Article 9           I want at the decease of my wife or widowhood If ther should remain any personal property for said property to Equally divid divided between my Daughters thats is to say my Daughter Jane Susanna My Daughter Nancy Luisabeth My Daughter Margaret My Daughter Salnar

Article 10         appoint my beloved friend Nabour Michael Wells to be my true & lawful Executor and having Disposed of all my worldly Concerns commit my soul to God who gave it and my boddy to the dust from whence it came in witness where of I here unto set my hand and affix my seal this twentieth day of August in the year of our Lord one thousand Eight hundred and thirty Eight

Attest                                                                                                   his

                                                                                                George X Layfolett

T. Mapsles                                                                                           mark

Johnson Dobkins

State of Tennessee        )

Sevier County               )           I O. H. P. Hill clerk of the County court of Sevier County do here by certify that the foregoing is a true & perfect copy of the Last Last will and testament of George Layfollett Deceased as copied form the Original will now on file in my office

In testimony whereof I here unto set my hand and affix my seal of office at office in Sevierville this 14^th day of Sept. 1839

                                                                                                O. H. P. Hill Clerk

                                                                                                of Sevier County Court

Page 129

Will of Hugh Blair Deceased

I Hugh Blair of the County of Sevier and State of Tennessee do make and publish this my last will and Testament hereby revoking and making void all former wills by me at any time heretofore made )and first( I direct that my body be decently Entered in a manner suitable to my condition in life and as to the worldly Estate as it has pleased God to entrust me with I dispose of the same as follows )first( I direct that my Debts and funeral expences be paid as soon after my decease as posible out of any monies I may Die possessed of or may first come in to the hands of my executors from any portion of my Estate real or personal )Second(  I give and bequeath to my wife Rachel all my real Estate with the mansion House with all the appertainances there to belonging to be under her management and for her use and maintainance during her natural life subject to a provise here in after to be named for the Benefit of my Daughters Elizabeth, and Catharine I also give her one horse beast one Cow ten head of hogs ten head of sheep my Large family Bible and all the house hold & kitchen furniture for her use in hereon right to dispose of the same as she may think proper )second( I direct that my Daughters Elizabeth and Catharine have their Mantainance for the proffits of the lands with the

Page 130

right of occupying there up stair room with the privelige of the other Rooms of the House as heretofore been allowed them during the time they may Live Single or continue to reside with there mother

Third)   I direct that all the ballance of my personal Estate )to wit( Black smith Tools Carpenter tools farming tools and Books and the ballance of the Stock be sold and the monies arise in from same) after paying my debts and funeral Expences be divided Equally amongst my heirs )fourth( I direct that at the decease of my wife Racheal Blair that the lands be sold in seperate tract and the funds ariseing from the same be divided Equally amongst My heirs (and Lastly)  I do here by make ordain and appoint my sons W. H. Blair & Robert H. Blair Executors of this my Last will and testament in witness where of I Hugh Blair the said testator have to this my last will written on one piece of paper set my hand and seal this 28 day of July in the year of our Lord 1854

                                                                                                            Hugh Blair

Page 131

Will of Jonathan Brown

I Jonathan Brown being of sound mind and in the fear of God do make and ordain this my last will and testament hereby revoking all other wills by me at other time made

1^st        I give and bequeath to my Daughter Racheal Evans the following described tract piece of Land to wit beginning on the Ridge at the end of the Dug Road on W T Manis Line Running north west to the old Bars then west to the Corner of said field then north East with said fence to the top of the Ridge at my cross fence then with said line to the beginning supposed to be 35 Acres

2^nd        it is my will that the remainder of my Land be sold & the proceeds be applied as follows 1^st       defraying my funeral Expences & the payment of such Debts as I may owe )3^rd( my will is that my Daughter Sally Eslinger have one hundred & fifty Dollars out of the proceeds of the Land sale and my son Elijah Brown ninty five Dollars but if the Land should not sell for that amount that they share it in that proportion

4^th        My will is that my Daughter Racheal Evans have my household property

5^th        Lastly I appoint W. M. Burnett my Execution to carrie out this my Last will and testament

signed in our presents this 19^th day of June 1867

Attest                                                                                                   Jonathan Brosn

S. A. Rule

C. M. Hodges

Page 132

Will of Payne McCleary

I Payne McClary of the County of Sevier and state of Tennessee being sick and weak of body of sound mind and disposing memory for for which I thank God and calling to mind uncertainty of human life and being disposed to disposed of all such worldly substans which I thank God which he has blessed me with, I Payne McClary of the County of and State aforesaid do hereby make my last will and Testament, manner and form following that is

First     I desire that amediately after my decease my executor collect all my outstanding debts allso sell all my moveable estate and pay my burial expenses and I desire that my administrator buy three tomb stones for Payn McClary his wife and Jacob McCary.  I desire that my daughter Martha Jane Underwood have the land beginning near the mouth of the branch on the line then down with the creek to the old mill is known as McClarys old mill, then north to the old mill road running down the road to the cross fence between McClary and J. D. Underdown then with the same to Martin Bales then with the same to Shields then with Shields to the Big road up the big road to a corner near a pos oak, then to the creek to the beginning.  I give to Martha. Jane. Underwood. this now with the other that I give her heretofore during the term of her natural life with the remanders to the heirs of her

Page 133

boddy I also give to her the household and kitching furnature.  I bequeath and give to Pleasant Underdown for love and affection Joining the lands of Wm. H. Underwood two acres of land begining on my corner at the grave yard running to three pines on the top of the ridge so as to make two acres to have to hold forever Martha Jane Underwood is to have one half of my apple orchard for the turm of eight years to be divided up the creek to take one row and leave one row until it is divided I desire to give one acre of land for a grave yard being around a stone wall their is fur stone corners to the same.  I desire to give Jane Hickman and her three youngest children a track of land lying on the south side of the creek beginning on a line of Martha Jane Underwood at the creek, thence down the creek to the old mill then south to the top of the bluff then with the same to the river then up the river to Underwood line and then with the same to three pines then with Pleasant Underdown to the grave yard then with the line to the creek to the beginning which she is to have the benefit of the proceeds to rase and school the children on until the youngest child comes of age but if she marrys the land is to be taken from her and rented out and the proceeds used to raise the children and school them Magnola. Hickman  Jacob Hickman  Payne Hickman is the children is to be enjoyed by them forever the mill seat at the mouth of dumpling

Page 134

on the river running up the creek to the McClary old mill boundries by the lines on each side of the creek the administrator has a rite sell at any time either private or public sale.  I desire that Ellen McClary have one thousand Dollars out of the sales of my property in the eight district out of the Alelford track.  I desire that Martin Bales pay Ellen McClary one thousand Dollars the said Ellen McClary daughter of Jacob McClary one Thousand Dollars with its interest from the time he receive the same when she is twenty one years old or at the time she marreys or at the time of her his discussion either in land or money Just as he pleases  I desire that all the pine timber on all of the lands that I have to be sold from eight inches up only what I had already sold I desire that when any of them or all of them pays up the rights be made right off to all has bought of me.  I desire that the land where Butler live is to be sold and my part of the stills and fixtures I desire debts be paid up and if lacks any is to come out the proceeds of the Land and I desire that Robert M. Bales having gun after dewes is paid up and if any remainder left I desire that it be propriated for building a church House near this place and if not yoused for the purpose equil devided with my airs I desire that Martin Bales be my

Page 135

administrator of my last will and Testament were of I do acknowledge in the presence of this witnesses that this my last Will and Testament acknowledge sin sealed and witnessed the 4^th day of May in the year of our Lord one thousand eight hundred and sixty eight.

                                                                                                Payne McClary (Seal)

            his

Robert X Bales

            mark

            his

Henry X Smith

            mark

Page 136

Will of F. S. Emert

In the name of God Amen

I F. S. Emert sound in mind and disposed in memory though feeble in body make this my last will an testament in which I bequeath my Soul to God who gave it and my body to its Mother earth and as to worldly affairs I desire that my funeral expenses be paid in the next place I give my wife Malinda D. Emert that part of my farm Lying next to William Mitchels during her Natural life beginning the Ironwood and Maple Corner running up the river forty seven poles directly across the farm so as to be the same with all the way back to the back line of the old survey & to have two rod wide from William Mitchels line to the top of the dividing then with said to the line of John B. Clarks heirs & then to have both the fifty Acres more than my Robert R. Emert takes care of his Mother her life time the dower is to be his otherwise the dower to be sold and the person having charge of her to be paid out of the proceeds of the sale and in next place I give my son R. R. the remainder of the old survey and the fifty acre survey in the next place I desire that the remainder of the one hundred Acre Survey be sold after giving Notice in writing at three or more public places in the County

Page 137

and on such terms as my Executors may think best and the proceeds of the sale to be divide so that my son James D. Emert two fifths there of the surviving children of my son Phillip S. Emert to have two fifths to be Equally divided among them and my Daughter Sarah to have the remainder as to my personal property and money on hand and debts owing to me I leave it all in the hands of my wife Malinda D. her life time and after her death what is remaining to be sold except the bedding and clothing which I leave for her to dispose of as she may see proper and the proceeds of the sale to be divided in the same way as the proceeds of the sale of the land and by this I revoke all other wills made previous to this I appoint my son James D. and Robert R. Executors this the twenty fourth day of February Eighteen hundred and sixty nine

Attest                                                                                       F. S. Emert

Thos. Langston

L. J. Graham

probated 7 June 1869 Record page 210

Page 138

State of Tennessee Sevier County

April 24^th 1869

            In the name of God Amen

I will V. Cumming being of Sound mind but feble health do make and publish this my last will and testament first I will that my funeral Expence be paid together with all my just debts

I will and bequeath to my two beloved half sisters Margaret Jane and & Crancy Anar Chambers one hundred Dollars apiece to be on Interest until the youngest comes of age say twenty one years old money to be loaned and notes to be removed every one or two years in case one dies the other to have the two hundred Dollars in case they die before they come of Age I will that my Broth James Chambers heirs shall have the money that I will to them to be Loaned as above stated until his youngest child is twenty one years old I further will and bequeath unto the heirs of Sarah E. Atchley all the balance of my Estate be the same more or less money to be Loaned & notes taken every one or two years and the money to be Equally divided distributed between the said Sarah E. Atchley heirs when the youngest one of the said heirs is twenty one years old I will further that Executor or Administrator be careful and take good Notes in each case in which he Loans money or sells property & I also further will that at my decease that the Executor or Adm. proceed to sell all my property of every kind to the highest bidder

Page 139

on twelve month credit for good money taking good notes for the same I have on hand specic twenty three Dollars and Sixteen cents and in green backs two hundred dollars I will that my Executor or Adm. take possession of the same and Loan it as heretofore directed taking good and Solvent Notes for the same I have one note on T D A Chambers my step father for one hundred and Seventy five Dollars I will that here near said note at my decease and in four year the after if he will give a good and solvent note for the same one other note on him must go as other notes that is he must renew and secur it and I further will that my Executor or Adm. take possession of all my accounts Notes and all my valuble property papers & proceed to collect them or cause them to be secured and I further will and appoint J H Atchley my Executor to this my last will and testament in witness whereunto I have this day set my hand and seal

Witness                                                                                    W. V. Cumming (Seal)

Thoasmas M. Low

John Lindsey

            I William V. Cumming do on this 3^rd day of May 1869 make the following alterations and additions to my will of 24^th April last first I will that my Executor shall have at my grave a set of good tomb stones

Page 140

placed at my head and feet with proper Inscriptions there on to be paid for out of my Estate 2^nd the note I have on T D A Chambers for sixty odd Dollars shall be Equally divided between James my half Brother & my step father T. D. A. Chambers said note due R. H. Hafely

3          I will to be the guardian of all my heirs my Executor J. H. Atchley

                                                                                                W V Cumming

witness

Thomas M. Low

John Lindsey

Page 141

Will of William Hickman

I William Hickman do make and publish this my last will and testament hereby revoking & making void all other wills by me at any time made

1^st        I direct that my funeral expences and all my Debts be paid as soon after my death as possible out of any money I may die possessed of or may first come in to the hands of my Executor or Administrator

2^nd        I give & bequeath to my son Thomas Hickman a portion of the land that his widow now lives on the Land that I made him a deed for & he is to have no more of my Estate

3^rd        I give & bequeath to my son Humphrey Hickman a portion of the land he now Livs on the land that I made him a deed for and he is to have no more of my Estate.

4^th        I give and bequeath to my son William. T. Hickman the home farm where I live the Land that I deeded to him and he is to have no more of my Estate

5^th        I give and bequeath to my grand son Johnson Hickman one note of land that I hold on William Hickman & made payable to me for the sum of two hundred dollars Johnson Hickman is not to receive the money until he attains the age of twenty one and he is to have no more of my Estate

6^th        is my will that that the farm I bought from William said known as the Cate farm be sold as soon after my death as possible and the money collected and all the notes and accounts be collected also the money I may have on hand at my death and the money

Page 142

divided among my daughters Mary Pollard the wife of John Pollard Lavina Cate the wife of Inyard Cate Elizabeth Snyder the wife of James Snyder Martha Bales the wife of Noah Bales  Sarah George the wife of Abner George  Ellen Ruth the wife of James Ruth  Anna Cate the wife of J. H. Cate and Rebecca Petty the wife of Marian Petty

Lavina Cate has received one hundred & fifty Dollars in Land that I vowed to her at one hundred & fifty dollars Mary Pollard has received forty dollars in a colt that I vowed to her at forty dollars Elizabeth Snyder has received one hundred in money  Martha Bales has received one hundred in money

It is my will that my Daughters that has not received any thing be made up equal and after they are all made Equal I want the remainder of the money divided Equally among them this 20^th day of January 1869

                                                                                                            his

                                                                                                William X Hickman (Seal)

                                                                                                            mark

Signed sealed & published in our presents and we have subscribed our Names hereto in the presents of the Testator this the 20^th day January 1869

witness

            R. C. Thornburg

            J. L. Haggard

Page 143

Last Will and Testament of Daniel Duggan Decd.

In the name of God Amen

I Daniel Duggan do make and publish this my last & Testament hereby revoking and making void all former wills by at any time heretofore made

1^st        First I direct that my body be burried in a Christian like manner

2^nd        2^nd        I will and bequeath to my beloved wife Mary Duggan the possession and use of all my lands with all my personal property or effects during her natural life after the Death of my aforesaid wife my wish is that there be an Equal Division made between my children, Elizabeth, Anna, James M., Archibald Mc., Mary, Sarah, Susannah, Minirva, James George McCown, Catharine David, Wilson, Nancy & Malissa or their heirs

Lastly   Lastly   I appoint Absalom Allen my Executor of this my last will and Testament

            Whereunto I have set my hand and seal July 21^st 1866

                                                                                                Daniel Duggan (Seal)

Signed sealed and published in our presents and by request of the Testator

John Russell

John Kear

Page 144

Lat Will and Testament of James P. Mahan

            I James P. Mahan of the County of Sevier and State of Tennessee do make and declare this my last Will and Testament as follows, To wit.

            I Will and bequeath to my wife Nancy McMahan my Farm on which I live during her life and at her death to be equally divided between all of my children To wit, Robt. A. McMahan, Rebecca A. McMahan, William P. McMahan, Elizabeth McMahan, Manda McMahan, Malinda McMahan, Percilla McMahan and Martha McMahan.

            It is also my desire that my wife Nancy McMahan shall have for the use and benefit of the family all my Personal property except special bequests.  I bequeath to Robert. A. McMahan the young Mare that he claims also saddle and Bridle the said young Mare being with Foal if she lucks will I desire I desire that my son William. P. McMahan shall have it and also the Black facing filly that he claims with saddle Bridle.  I desire that my Executors shall collect all my debts & together with the money one hand and purchase land with the same if practable and a good chance offers said land if purchased to be controlled by my wife for the use of my family and at her death to be equally divided between all my children above named but if not practable or if a good chance does not present itself to buy land then in that

Page 145

case the money on hand and debts collected shall be kept at legal interest in secure hands except such part thereof as might be really necessary to be used for raising and educating my children and as my children Marries or arrives at the age of twenty one years they have five hundred dollars each.  It is also my desire that in case my sons Robert. A. McMahan and William. P. McMahan stays and remains single with their mother and assists her in raising the small children then they shall have seventy five dollars per year limited to ten years from the present date for their service and if either of the boys marries and continue with their mother or on the farm and assists as above stated they are to have the seventy five dollars per year limited to five years from present date.  At the death of my wife I desire all my personal property remaining to be equally divided between all my children above named.

            I hereby appoint my wife Nancy McMahan and George M. Henderson Executors of this Will

            In testimony hereof I hereunto set my name and seal

                                                                                                James P. McMahan (Seal)

Singed in our presence on this the 24 day of Dec. 1869.

Isaac Trotter

Nelson Fox.

Page 146

Will of Robert S. Clark

I Robert S. Clark of Sevier County State of Tennessee planter, do make and publish this my last will and Testament hereby revoking and making void all former wills by me at anytime heretofore made & first I direct that my boddy be decantly Intered in said County in a manner suitable to my condition in life and such worldly Estates as it hath pleased God to entrust me with I dispose of the same as follows

First     I direct that my wife Easter H. Clark have a portion of my home farm during her natural life as follows  beginning on my & Butler corner of the cross fence then running down the cross fence to the Branch near a south course then up said Branch to a Beach then to R. S. Atchley line then Back to the conditional line I sold to Henry Butler on the 14^th of this Instant then with the same to the beginning and I further bequeath unto my wife all my personal Estate except what part I may here after direct to Wit  My Daughter Malinda Elizabeth I will that she have 1 side saddle 1 cow or heifer 2 head of sheep I also will and bequeath to my Daughter Mary Jane Clark 1 side saddle 1 cow or heifer 2 head of sheep and also will to my Daughter Malisa Katharine Clark 1 cow 1 side saddle and two head of sheep and also Easterben Clark I will and bequeath him 1 cow or heifer & 1 side saddle & 2 head of sheep and I also will to my son Robert Pleasant Clark to have a good Common Horse saddle & Bridle when he arrives at the age of twenty one years and 2 sheep and I also will to my son Wilson Crocket

Page 147

Clark a good Common Horse beast 1 mans saddle & Bridle also 2 sheep I want my wife to have all the money left after paying my Debts and funeral Expences &c my will is that the peace of land my son James lives on be sold on 12 months time say about 60 or 65 Acres and also some 15 Acres between birds creek and the river also a piece of land on Webbs creek also the above tracts to be sold on 12 months time as stated above and also my Big Bay mare to be sold on the same terms.  I do here by make ordain and appoint my Estemed sons James M. Clark & Federick E. Clark executors of this my last will and testament in witness where of I Robert. S. Clark the said testator have this my will written on one sheet of paper  Set my hand and seal this 15^th day of September 1870

Attest                                                                                                   R. S. Clark (Seal)

J. C. Murphy

R. S. Atchley

Page 148

Will of Isaac Trotter

State of Tennessee        )

Sevier County               )           I Isaac Trotter of the State & County, above written do make ordain & publish this my last will and testament, viz

Item 1^st it is my will that as soon as practable after my decease that my burial expences with all my debts be paid

Item 2^nd            I will and bequeath to my dear wife Mary A. Trotter all my property, both Real and personal Estate during her natural life and to be equally divided among all my children at her death provided she live until the youngest child shall arrive at twenty one years of age, but not, to be divided until they youngest child in twenty one years of age if she the said Mary A. Trotter, should die sooner.

Item 3^rd            It is my will that as each of my children arrives at the age of twenty one years they shall be furnished with a horse bridle & saddle, if it is practable to do so, but if not practable to give each child a horse briddle & Saddle at the time above stated, without matereally discomfitting my wife Mary A. Trotter; it is my will that the same shall be done as soon afterwards as practable and if a horse cannot be distributed to all at their arrival at twenty one years of age nor before the finel division of my Estate they who may not have recieved a horse briddle and saddle shall then be made equal with thouse who have

Item 4"             If my son A. C. F. Trotter shall see proper to take the management of the farm for my wife it is my

Page 149

will that he shall have for his services one half of the proceeds of the sales of the surplus produce raised on the farm.  In all cases, keeping enough one hands for the succifient cultivation of the farm and for the use & clothing of the family and that all sales shall be with the consent of my wife.

Item 5^th            If the said A. C. F. Trotter should accept the proportions or stipulations of Item 4^th of this instrument It is my will that he continue in the management of the farm five years and in case my wife Mary A. Trotter should die, it is my will that he remain in the management of the farm as stipulated above for the term of ten 10 years if he should see proper to do so commencing with the year 1871 or the products of that year.

Item 6^th            I hereby appoint my son A. C. F. Trotter and my wife Mary A. Trotter executors to this will

In witness whereof I hereunto sign my name this 6^th day of July A. D. 1870

                                                                                                Isaac Trotter

made and signed in my presents on the day it bears date

J. A. Trotter.

The above was exhibited to and acknowledged before me by the testator Isaac Trotter, who requested me to witness it this the 16^th day of Sept. 1870

M. W. McCown

Page 150

Will of Benjamin J. Tipton

I Benjamin J. Tipton in the county of Sevier and State of Tennessee, being of sound mind and memory, do hereby make and publish this my lat will and testament, in manner and form following, that is to say,

First, after all my lawful debts and funeral expenses are paid and discharged, the residue of my Estate real and personal I give and bequeath and dispose of as follows (to wit) To my beloved wife Nancy I give as follows, the use of the one hundred & sixty acre tract of land with its appertainances on which I now reside.  Also one tract called the forty acre tract, bounded by the lands of J. M. Sharp, James Chandler & others, during her natural life.  I also give my wife Nancy all my household and kitchen furniture, all of said household & kitchen furniture she may use & dispose of as she may wish or desire, also of the stock on hands.  I give her the choice horse beast, choice cow, six head choice sheep, six head stock hogs, also the poultry on the farm, also all the monies on hands after my debts & funeral expenses are paid, also all the grain, fodder, & bacon on hands.  I direct that my son Caswell C. Tipton shall have to his use the 160 acres tract above named after the decease of my wife on the following conditions (to wit)

Page 151

I direct that he pay rents during my wife's life time.  Say the one third of the crops & that he be paid out of the rents for all necessary repairs & improvements that he may make & do the piece of land he is now clearing is & will be his without rents, also that said Caswell C. Tipton pay to my Executors hereafter named the sum of four hundred dollars, 100 to be paid each year until the 400. dollars be paid.  I direct that after the other business of my Estate is settled and after the death of my wife, that the 40 acre tract of land above named be sold to the one of my heirs that will pay the most money for it.  My son-in-law Boyd Johnson will have three years of lease and during my wife's lifetime on what he has cleared on said 40 acres tract.  I further direct that my daughter Victoria Johnson be allowed a horse valued at $1.50 dollars, that she now is the proper owner of said horse.  I direct further that of the monies that come into the hands of my Executors that there be paid to my daughter Lucinda Cusick two hundred dollars, to my daughter Elisabeth Cusick one hundred dollars, to my daughter Victoria Johnson two hundred dollars, each of the three above named to be paid out of the first monies that may come to the hands of my Executors.

            I further direct that the sum of two hundred dollars

Page 152

be held by my Executors as a trust fund for the use of my daughter Victoria Johnson to be paid to her with Interest as they in their judgment shall think most for her and her Husband's benefit.

            I direct that my Executors pay out of my monies remaining in their hands, after paying the amounts named above, to my son Thomas D. Tipton the sum of two hundred dollars.

If monies still remain after all the above amounts are paid, that they be equally divided between all my heirs.  The reason why I have not directed that my daughter Mary Pickens, Lucy Thompson & Margaret Thompson have special amounts in this my last will, is that they have received what will be their part of my Estate, except as above directed.  I also direct that my Executors shall sell all my personal Estate except what I have above willed & bequeathed the proceeds of said sale to be applied as above directed.

            and, lastly, I do hereby constitute and appoint Andrew Cusick & E. S. Thomas Executors of this my last will and testament, hereby revoking all former wills or testaments by me made.

In testimony whereof I have here unto set my hand & seal this 13^th day of March in the year one thousand eight hundred and seventy one.

                                                                                                Benjamin J. Tipton (Seal)

Page 153

Signed & sealed in the presents of

James M. Wade

C. Johnson

Page 154

Will of George Rimal

I George Rimal of the county of Sevier and State of Tennessee do make and establish this my last will and testament.

First, it is my will that all just debts that I may be owing at the time of my death, and my funeral expenses be paid out of the first moneys that may come to the hands of my Executor.

Second, It is my will that, should my wife Sarah in the event she should survive me have her support and maintainance out of my lands and have control of my dwelling house and out buildings, and also all the personal property that I may have for and during her natural life.

Third    It is my will that my daughter Nancy Jane shall have all my personal property that may be on hand after the death of both myself and my wife Sarah.

Fourth  It is my will that my daughter Lidia Margaret have three hundred dollars out of my estate to make her equal to what I have heretofore given off to my other children.

Fifth     It is my will my son John have the tract of land known as the William Richardson tract lying between where I now live

Page 155

and R. W. Crowsons, supposed to contain about one hundred and forty six acres.

Sixth     It is my will that my son William shall have the farm where I now live containing about one hundred & fifty acres and also a fifty acres Entry adjoining the same, and also my interest in a five hundred acre entry I made adjoining the above mentioned fifty acre Entry.

Seventh            I also will and bequeath to my daughter Polly Burns the upper end of the farm that W. C. Burns now lives upon the division line to commencing on the old line next to V. Mattox and running to a walnut in a clift of rocks near a spring then running with the lane to a white oak at the upper side of the road then a straight line through the timber lane to Cammerons line.

Eighth   I also will and bequeath to my sons John & William two thirds interest in my mills.

Ninth    I also will and bequeath to my daughter Nancy the other third interest in the mills for and during her natural life, and at her death said interest in the mills to go to, and rest in my son John.

Tenth    I also will and bequeath to my daughter Nancy one half interest in the land lying below the conditional line mentioned seventh article of this will, and above Crowsons also a half interest in

Page 156

a tract of timber land lying adjoining Thos. Walkers supposed to contain 75 acres to have

and to hold for and during her natural life, and at her death to decend to and rest in my son John, and in the division of said land I want it divided so as to give to my daughter Nancy the lower end including the buildings.

Eleventh           I also will and bequeath to my daughter Lydia Margaret the remaining half interest in the two last mentioned tracts (not including the mills)

Twelfth I also give and bequeath to my sons John and William all my interest in a five hundred acre tract that I purchased A. A. Coulter and also three hundred & fifty acres adjoining Franklin Bryan and above him, and also the tract of land back of the mountains where Joseph Cooper now lives containing about 72 acres.

Thirteenth         I also will and bequeath to my two sons John & William all my interest in a tract of two thousand acres on the waters of Cany but in the event valuable minerals should be found on said land that the mineral interest should decend to all my children equally.

14^th      It is my will that all monies on hand and debts due me after my estate is settled to be equally divided between all my children

Page 157

or their representatives.

I have heretofore advanced to my daughter Rebecca Andes in place of an interest in my lands.  I hereby constitute and appoint John Rimal my Executor to execute this my last will and testament

Witness my hand & seal this 7 day of February 1871

                                                                                                George Rimal (Seal)

Signed & sealed in our presents and attested by us at the request of George Rimal this 7 day of Feby 1871

                                                                                                A. P. Rawlings

                                                                                                M. W. McCown

Page 158

Will of Ruben Hatcher

Know all men by these presents that I Ruben Hatcher of the County of Sevier and State of Tennessee being of sound disposing mind and memory do make and publish this my last will and testament

First     I bequeath to my beloved wife Martha all my property provided she out lives me and remains in widowhood all that I own is to hers so long as she lives that is, all my property that is personal.

Second             I bequeath to my four Daughters girls all the live stock that may be on hand of my own after the Decase of my self and my wife such as horses Cattle hogs sheep &c also all the household & kitchen Furniture to be divided Equally between my for Daughters Poly Cotter Huldah Huskey  Rachel Green & Nancy Abbott:  It is also my will that Polly Cotter & Huldah Huskey divide whatever amount may be of the above named property after the death of me and my wife in to four parts as near equal as they can then Nancy take first choice and Rachel the next and Huldah and Polly the others so that Justice may be done and all satisfied.

Page 159

thirdly   It is my will that after the decease of my self and wife that my sons Ruben and James shall have all my farming untensils that may be on hand such as waggons, smith Tools and every thing of the sort that may be on hand after the Decease of my self and my wife and it is my will they be divided equally between my two sons, James and Ruben.

Fourthly            I ordain and appoint my son Ruben Hatcher Executor of this my last will and testament and he should not live I ordain appoint my son in Law William E. Cotter Executor of this my Last will and testament In testimony where of I have here unto set my hand and seal and publish and declare this to be my last will and testament this the 13 day of March 1866

                                                                                                Ruben Hatcher (Seal)

Attest

James D. Lawson

Page 160

Will of Frankling Bryan

I Frankling Bryan of Sevier County and State of Tennessee being weak of boddy but of sound mind and disposing memory and being desireous to dispose of what earthly substance it has pleased God to bless me with do make and publish this my last will and testament

First     I direct and request that I be decently intered according to my situation in life and that my Funeral expense be paid as soon after my decease as sible by my son Joseph and

Second             I direct give and bequeath to my wife Susanah all my house hold and kitchen Furniture and my Black mare with all my other personal property and also the use and occupation of all my Interest landed property dure her natural life and widowhood

third     and at the death of my wife Susannah my will is and so direct that my son Joseph shall have all my real estate with all the appertances there unto belonging by him paying in consideration there fore fifty dollars to each one of my other five sons John Paton William David and Luvator or thier heirs and I also enjoin it on my said son Joseph to furnish each one of my Daughters Hetty J. Nancy H. & Sallie C. as they may need it with a common and respectable Horse beast and also to raise a colt for each of my youngest sons David and Lavater and my William is to the colt

Page 161

now with my Black mare I do here by make ordain and appoint my wife Susannah and son Joseph Executrix & Executor of this my last will and testament witness where of I Frankling Bryant the said testator have this to my last will written on sheet of paper set my hand and seal this 9^th day of June in the year of our Lord one thousand eight hundred and seventy one

                                                                                                                        his

                                                                                                            Frankling X Bryan

                                                                                                                        mark

Signed sealed and published in the presents of us who have subscribed in the presents of the Testator and of each other

John Mullendore

John Rimel

William Rimel

Page 162

Will of Henry M. Thomas

I Henry M. Thomas of the County and State of Tennessee do make an constitute this my last will and testament

First     It is will that my wife Sarah Thomas have all my estate both real and personal of every kind for her use and benefit for and during he natural life except my Town lot herein after to be disposed of

Second             It is my will that at the death of my wife Sarah that my two sons McKindre P. Thomas & P. H. Thomas have my lands lying in the 5 District of Sevier County requiring them to pay the following amounts to my other heirs viz.

Nine hundred dollars to my Daughter Penelopy Felker  Nine hundred Dollars to the children of my Deceased Daughter Eliza Hammer & two hundred to the children of Deceased Daughter Sally Rineheart the above amount to be paid with out Interest within one year after the Death of my wife

Third    It is my will that at the death of my wife that all the personal estate and money remaining on hand be equally divided among all my children or there decendants.

Fourth  It is my will that after my Death that my Executors sell my town lot at either public or private sale as they may think best and appropriate the proceeds of said sale first to the payment of my funeral expenses and any just Debts that I might then be owing

Page 163

and any necessary expenses that may be insured in winding settling up the my business and to pay the remainder to my wife for her use and benefit

fifth       It is my will that should my wife at any time be unable from affliction or other wise to attend to carrying on the farm that Executor assist her in attending to It.

Six       I do here by appoint my two sons M P Thomas & P. H. Thomas my Executors to execute this my last will and testament witness my hand and seal this 11^th day of Feb. 1869

                                                                                                H. M. Thomas (Seal)

the above will was signed and acknowledged in our presents and attested by us at the request of the testator this 11^th day of Feb. 1869

                                                                                                M. W. McCown

                                                                                                Isaac Trotter

Page 164

Will of George McCown

I George McCown of the County of Sevier and State of Tennessee Do make and ordain this my last will and testament

Item first           I will and bequeath to A. M. McCown  Arther McCown a ceratin parcel of land described as follows to wit, Beginning on a Saven or Cedar on the South Bank of the big ditch where it empties into the river, thence running up said ditch, on the south of said ditch ten feet from the top of the Bank of said ditch to the mouth of the Small ditch where it empties into the big ditch thence up the south west side of said ditch ten feet from the top of the South west bank of said small ditch to six rods beyond the upper end of said ditch, running the same direction of said ditch thence a direct line to the forks of the middle creek and Lewis Road thence with the Lewis Road to extreme southern corner of a fifty Acre entry No 9013 made by and granted to me by the State in the 1824, thence running with the lines of said fifty Acre entry so as to include said entry in with the John Thomas tract of land upon which I now live thence running with, the lines of a twenty and half Acre entry No. 15887, made by me and granted to me by the State of Tennessee in the year 1827, running so as to include said entry in with the John Thomas tract of land.  All of said tracts of land to be equally divided between the said A. W. McCown and Arther McCown at the time the said Arther McCown arrives at the age of twenty one years.

Page 165

according to equality and quantity divided in value by two disinterested persons until which the said A. W. McCown is to have the use of the long field, laying on the middle creek road and all the enclosed land on the south side of the said big ditch in the tracts of land heretofore named rent free with the privilege of using timber on the heretofore described lands to keep the same in repair the said A. W. McCown being required to pay one third of the taxes on all of the heretofore described lands and keep in repair the fencing around the lands that he gets rents free.

Item Second     I desire that the guardian of Ather McCown shall have the controls and management of the lands, heretofore named for the purposes of applying the proceeds of the same to the boading clothing and educating the said Arther McCown, until he arrives at the age of twenty one years or marries, excepting the lands that the said A. W. McCown gets sent free and should the said A. W. McCown abandon the same or attempt to sell or lease the said lands I desire that the guardian of Arther McCown shall take the control and management of the same and apply the proceeds to the use and benefit of the said Arther McCown.

Item third          I will and bequeath to John P. McCown  Penelope Rogers  Caroline Nichols  Matilda Nicols  George McCown and M. W. McCown the balance of the Porter tract of land not heretofore disposed of in this will and a deed to M. W. McCown all of which to be equally divided between the said John P. McCown  Penelope Rogers, Caroline Nichols  Matilda Nichols  George McCown and M. W. McCown.

Item Fourth      I give and bequeath to Arther McCown my Saddle also one fourth of my Books counting the volumes, his guardian

Page 166

making the selections also one good Bed clothing and bed stead to be selected by his guardian.  Also my gray horse to be sold and the proceeds to go into the hands of his guardian to be used in purchasing the said Arther McCown a horse the proper time.  It is Also my desire that my best waggon and waggon Harness, be left for the use of that part of the farm willed to A. M. McCown and Arther McCown until Arther McCown arrives at the age of twenty one years.  I have given to A. M. McCown, my two Horse plows and two shovel plows.  Also two plows of plowing gears with collars.  Also two weeding Hoes one Matlock Also one Kettle and oven.

Item fifth           I will and bequeath to A. M. McCown and Arther McCown one hundred dollars each to be paid to them out of my personal estate.

by my Executor the hundred dollars to Arther McCown to be paid to his guardian said guardian to pay two thirds of the taxes on that part of the lands willed to A. M. McCown and Arther McCown.  It is my desire that all of my personal estate not specially disposed of in this will shall be equally divided between John P. McCown  Penelope Rogers  Caroline Nichols  Matilda Nichols  George McCown and M. W. McCown

            I hereby appoint M. W. McCown my Executor, I also appoint Isaac Trotter guardian for Arther McCown

In testimony hereof I hereunto set my hand & seal signed & sealed in our presence

Page 167

this 21^st day of Feb. 1870

                                                                                                George McCown (Seal)

Isaac Trotter.

P. H. Thomas.

Aron A. Runyean.

I, George McCown of the County of Sevier and State of Tennessee, Do make and ordain this as a codicil to my last will and testament -

First     It is my will that all my books not heretofore disposed of in my last will be equally divided among my heirs

School book which have heretofore been given to my heirs, I do not desire that they be interfered with atall

            In witness hereof I set my hand and seal this 30^th day of March A D 1871

Attest                                                                                       George McCown (Seal)

M. P. Thomas

Page 170

Will of Thomas Maples

In the name of God amen

I Thomas Maples of the County of Sevier and State of Tennessee make and publish this my last will and testament hereby revoking and making void all former wills by me made heretofore made

first       I direct that my boddy be decently Intered at Bethel Meeting grave yard beside of my beloved wife Decease Lidia Maples I further direct that my grave with my wife and colored girl Jane be enclosed by paling and cover with shingle roof and my Estate pay such Expenses

Second             My will is that my Daughter Charlotty Law have one hundred Dollars over & above the Land where she lives

Third    My wish and will is that my son P. W. Maples to have the land where on he lives that belongs to me and twenty dollars the balance of a horse I sold to him and my son G. M. to make a title to said land for which for which I have band in part but If he refuses that to sell the land and make him Equal with the rest of my heirs to wit Lydia Frazer  Mary Emert  Louisa Emert  Thursa Maples  G. R. Maples  S M Maples  Charlotta Law

third my will and wish is that after my Death Decease that all my money due and owing be collected and be Equally divided between my above named heirs

Page 171

Lastly   I here by Nominate and appoint my son G. R. Maples to execute this my last will and testament In witness I have hereunto set my hand my hand and seal this the 11^th day of November 1865

Attest                                                                                       Thomas Maples (Seal)

C. W. Catlett

B. M. Atchley

Will of Christopher Shrader

State of Tennessee        )

Sevier County               )

            I Christopher Shrader do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made

First     I direct that my funeral expenses and all my debts be paid as soon after my death as possable out of any money that I may die possessed of or may come in to the hands of my Executor

Secondly          I give and bequeath to my beloved wife Mary Shrader all the real and personal Estate to have and to hold as long as she lives and at her death I wish my real Estate divided Equally between my son Henry Shrader and my Daughter Anna Wells wife of Levi Wells by the said Henry Shrader and Levi Wells paying one third the value of the real Estate to son Washington Shrader

In witness where of I do to this my will set my hand and seal this 10^th day of June 1871

Test                                                                                          Christopher Shrader (Seal)

N. M. Baker

B. N. Baker

Page 172

Signed sealed and published in our presents and we have subscribed our names here to in the presents of the testator this 10^th day of June 1871 in the presents of the testator

                                                                                                N. M. Baker

                                                                                                B. N. Baker

Probated Jany. 1 1872

Page 174

Will of Mary Henderson

I Mary Henderson of the County of Sevier and State of Tennessee do make and publish this my last Will and Testament

First     It is my will and request that my son Elijah Henderson take care of and support me and take care of my property while I live for which it is my Will that he be paid for his trouble and expenses out of my estate.

Second             I will and bequeath to my Grand daughter Rachel Henderson for her care and attention to me, one of my best beds, bed stead and furniture.

Third    I will and bequeath to my son John Henderson my bed that I sleep on and furniture.

Fourth              It is my will that the balance of my estate both money property and debts owing to me be equally divided by my executor between all my living children after paying all expenses and just charges against my estate under such regulations as my Executor may think best

I hereby appoint my son Elijah Henderson Executor of this my last will and testament

            Given under my Hand and seal this 15^th day of April 1872

Witnesses                                                                                             her

                                                                                                Mary X Henderson (Seal)

M. W. McCowan                                                                                 mark

Terressa A. McCowan

Page 175

Will of Sarah Atchley

State of Tennessee        )

Sevier County               )           Know all men by these Presents that I Sarah Atchley, have this day willed and do hereby will and bequeath to Sinthy Atchley Colored formly my house maden I do here by will and bequeath to the said Sinthy one Milk cow one Sow & pigs and three head of hogs for meat and so much of the house hold furnature as she wants and also will and bequeath to Treasey Chance and J. Right all the balance of My hogs to be divided between them and I will that Treasey Chance takes the deeds of my land and that she support Sinthy off of the proceeds of the farm Now I Sarah Atchley being verry feeble but in my right mind hav made this above written my last will and testament in witness where of set my hand to sign this the 11^th day of October, 1872

                                                                                                            her

Witnesses                                                                                 Sarah X Atchley

                                                                                                            mark

R. H. Trotter

M. C. Stover

John Robers

Jesse Hill

Page 176

Will of R. A. McMahan

I Robert A. McMahan do make and publish this my last Will and Testament

1^st        I desire that my funeral expenses, and all my debts be paid as soon after my death as possible out of any money that I may possessed of or my first come in to the hands of my Executor

2^nd        I Will and bequeath to my wife Nancy J. McMahan all the money that is on Interest after paying my debts and also my part of the money from my Father James P. McMahans estate after my Mothers death, the above bequeath is to my wife Nancy J. McMahan as long as she remains my widow, if my wife Nancy J. McMahan should marry again then the above bequeath to my daughter Allis T. McMahan

3^rd        I desire that a sufficient amount of the above named money to retained to rase and educate my air on heirs

4^th        I Will to my wife Nancy J. McMahan my undivided intrust in my Fathers landed Estate as long as she remains my widow

I do hereby nominate and appoint E. M. Wynn my Executor in witness whereof I do to this my will set my hand and seal this 23 day of June 1872

Attest                                                                                       R. A. McMahan (Seal)

Nelson Fox

John Snapp

Page 177

Will of John C. Yett.

On the 6^th day of April A.D. 1873, we the undersigned were called upon, at the House of Dr. N. T. Krouse in Sevier County Tenn; by the late John C. Yett, of Sevier County to bear witness to declarations that he wished to make, with a request that the same be reduced to writing within the time prescribed by law, so as to constitute a Nun Cupative Will, and then and there the said John C. Yett did make the following declarations

Item 1^st It is my wish that all of my just debts shall be paid

Item 2^nd            It is my Will that my wife shall have a support out of my estate.

Item 3^rd            It is my will that my daughter Mary shall have $1250.00 Twelve hundred and fifty dollars in the price of the farm bought for her and the balance of the purchase money of said farm, shall be paid by her or her husband

Item 4^th            It is my will that the ballance of my property be equally divided between my Five children at home

Item 5^th            It is my will that my two sons who are in Texas shall not come in for a division of my property, they having received more than their share

(Over)

Page 178

Will of J. C. Yett.

Item 6^th            It is my wish that the County Court of Sevier appoint some competant man to execute this will

            Done this 12^th day of April 1873

Signed                                                                                      A. A. Coldwell

                                                                                                N. T. Krouse

                                                                                                J. L. Haggard

Page 179

Will of A. A. Trotter

I Archibald A. Trotter being of sound mind and disposing memory and reasonable health of body, but being imposed with the uncertainty of life and the certainty of Death; do make and ordain this my last Will and Testament

Item 1^st I desire that as soon as practible after my decease that all just debts that may come against me or my Estate may be paid

Item 2^nd            I desire that my wife Rebecca M. Trotter, shall have the control of All my Personal property during her life or widowhood for her benefit and maintainance and for the benefit and maintainance of those of my Daughters who may see proper to remain with her on the place.

Item 3^rd            I also desire that all the property that my wife possessed at our Marriage may be considered her property that she have the right to dispose of the same as she may see proper, that my children shall not claim any part of the same.

Item 4^th            Desire that my wife shall have the control of my farm during her life or widowhood, for her maintainance and the maintainance of those of my daughters who may stay with her on the place.  I also desire that after the death of my wife that the lower end of my farm containing two hundred and twenty seven acres which has been run out by J. A. Trotter county Surveyor shall be

Page 180

the absolute property of my three daughters viz:  Martha Jane Nichols  Dolly Trotter, and Jemima C. Trotter that if either of my Daughters Just named should leave the place then they are to have no part of the land above named but they are to have equal shears with my other heirs in my personal property and the upper end of my farm, and the two hundred and twenty seven acres to be the property of those of them that may remain on the place with my wife

Item 5^th            I desire that at the death of my wife or the end of her widowhood that all my personal property which may remain may be sold and equally divided between all of my heirs not heretofore provided for, or hereinbefore mentioned and also that the upper end of my farm containing one hundred and sixteen acres to be sold and the proceeds divided likewise.

Item 6^th            I hereby appoint my son William Henry Trotter and Andrew Nichols my Step son, Executors of this Will.  In witness hereof I hereunto sign my name on this the year of our Lord one thousand eight hundred and sixty six

Attest                                                                           Archibald A. Trotter (Seal)

Isaac Trotter

D. W. Trotter

Page 181

Codicil

I Archibald A. Trotter do hereby make and ordain this codicil to the above my last Will and Testament

Item 1^st I will that so much of Item 4^th of the above will as binds my Daughter Jamimy C. Trotter to remain with my wife Rebecca Trotter in my farm be hereby Revoked and I hereby revoke the same and will that my said Daughter Jamimy C. Trotter shall have $200.00 two hundred dollars paid to her by the other heirs, to whom th lower end of the farm is willed in Item 4^th or that she shall have one third of said lower end of my farm if the other heir or heirs to whom it is willed refuse to pay her said sum of money, $200.00 and that she shall have the same whether she makes her home upon the farm or elsewhere.

Item 2^nd            I will that after my death my Executors procure three sets of common plain marble Tombstones with suitable Inscriptions to mark the last resting place of myself, my first wife Sousanah Trotter and my present wife Rebecca M. Trotter.  I also will that they procure a set of Tombstones of the above description and place at the grave of my daughter Mary Webb and pay for the same out of money falling to said Mary Webb heirs

In witness whereof I hereunto set my hand and sign my name this the 5^th day of October in the

Page 182

year of our Lord one thousand eight hundred and seventy One

Attest                                                                                       Archibald A. Trotter (Seal)

J. A. Trotter

Attested at the request of Archibald A. Trotter this 15^th Feb. 1872.

M. W. McCown

Page 183

Will of Elizabeth Stover.

In the name of God Amen.

            I Elizabeth Stover do make and publish this my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made

1^st        I direct that by Boddy be draped in black and buried at Jones Chapel Grave Yard.

2^nd        My wish is that all my Just debts be paid as soon as possible after my decease.

3^rd        My wish is that my Daughter Louiza Stover have two mares, one a bay and the other a sorrell, One Cow.  After my said Daughter Louiza gets what household and kitchen furniture that already belongs to her my wish is that my Household and Kitchen furniture be equally divided between my four Daughters Louiza Stover, Anna Burchfield, Mary M. Newman, Barsheba Trotter should they disagree in said division, my wish is that my Executor appoint two or three disinterested persons to make said division

4^th        My wish is that my Son John Stover's four children, Margaret E., Lorretta V., James M., Magnola Ann, have One hundred dollars to be equally divided among them.

5^th        My wish is that my land be Equally divided between Anna Burchfield, Louisa, Mary M. Newman, and John Stover's four children as heretofore named.

6^th        My wish is that my son John Stover have ten dollars

7"         My wish is that my Son M. C. Stover have ten dollars.

Page 184

Will of Elizabeth Stover

8^th        My wish is that an obligation I hold against Lorenza D. Stover dated November 24^th 18742 for Sixty five dollars, that his heirs have said obligation and my Executor is directed to hand over said obligation when he gets a Receipt for the same.

9^th        My wish is that my waggon farming utensils with all other perishable property that may be on hand at my death not heretofore willed be sold on a credit of twelve months, and after paying Legaleys and Expenses the proceeds of said sale with all the notes accounts or money on hand be equally divided between my children except Lorenza D. Stover, M. C. Stover & John Stover.

Lastly   I hereby appoint Daniel Allen my Executor of this my last will and Testament.  This April 2^nd 1874

                                                                                                            her

                                                                                                Elizabeth X Stover

                                                                                                            mark

Signed sealed and we have hereunto subscribed our names by request of the Testator and in the presents of each other and in the presents of the Testator

Witnesses

Joshua Atchley

Jesse Hill.

Page 185

Will of Mary J. McMahan

Non cupative Will of Mary J. McMahan

We George M. Henderson & Sarah Henderson being especially requested to bear witness to the non cupative Will of Mary J. McMahan, who stated that it was her will that all her estate after paying her just debts be equally divided according to value between her four children to wit, Corry V. Henderson, Isaac N. McMahan, Sarah R. McMahan & Samuel W. McMahan, that the property in the house to be divided and valued by Sarah Henderson & Marusa McMahan and the other property to be valued and divided by Geo. M. Henderson  P. W. Y. Henderson, that it was further more her will that Corry V. Henderson & Isaac N. McMahan each have a horse at their value, that Isaac N. & Samuel W. each have a good bed with sufficient clothing at their value, that Isaac N. to have the Bureau at its value, that Corry V. to have the cooking stove and china Press at their value, the balance of the property in the house to be divided between Corry V. & Sarah R. and taken at its value, and the farming utensils to be divided between Isaac N. & Samuel W. and to be taken at its value and that her four children to be made equal with money

6 July 1874

                                                                                                G. M. Henderson

                                                                                                Sarah Henderson

Page 186

Will of D. W. Layman

In the name of God Amen

            I D. W. Layman make and publish this my last will and Testament hereby revoking and making void all former wills by me at any time heretofore made

1^st        I direct that my body be buried in manor suitable to my condition in life

2^nd        I My wish is that all my just debts be paid as son after my decease as possible out of any monies that I may die possessed of or first come into the hands of my Executor.

3^rd        I will and bequeath to my beloved wife Mollie F. Layman all my household & kitchen furniture with my little Library and clock

4^th        I will to my beloved wife Two milk cows also one ball faced Sorrel mair.

5^th        My will is that all my personal property not heretofore bequeath with all my lands be sold upon such terms and conditions as my Executor in his Judgment thinks best having in view the best interest of my beloved wife and son Frank

6^th        I further direct that all monies which shall be left in the hands of my Executor after the payment of my debts, be invested in lands

Page 187

Will of D. W. Layman

according to the Judgment of my Executor he regarding the wish and best interest of my beloved wife Except such an amount as my in the Judgment of my Executor be necessary to defy the current expenses of my wife from the date of my Decease until she shall be put in possession of the lands alluded to in the above investment.

7^th        My will is that my beloved wife retain the possession above alluded to During her natural Life or Widowhood.

8^th        My will is that after the death or Marriage of my wife that my son Frank have said lands.

9^th        Lastly   I hereby appoint J. M. Layman my Executor.

            Signed sealed and bublised by me this Nov. 29, 1873

                                                                                                D. W. Layman

Witnesses

William Lethco

John Russell

Page 188

Will of John Fagala

Know all men by these presents that I John Fagala of the County of Sevier and State of Tennessee being in feeble health but of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.

And as to my worldly estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise, bequeath and dispose there of in the manor following to wit

First my will is that all my just debts and funeral expenses shall all by my Executor heretofore named, be paid out of my estate as soon after my decease shall by him be found convenied.

I give devise and bequeath to my beloved sister Catherine Fagala all my household and kitchen furniture two cows and calf and a chaise horse plow and gearing five choice hogs all the sheep except two which are owned by Mary Sweatman and also all my stock of provisions on hand as well as all my part of the wheat, corn and outs raised or upon my place for the present year or the year of my decease and I further give devise and bequeath to my beloved sister

Page 189

Will of John Fagala

Catharine Fagala a certain portion of my landed estate forever supposed to be about the half of landed estate beginning on Sharp's line at the cross fence near top of the hill and running with said line cross fence a straight line to the line of M. Fagala decd. thence to with his line running through the back field and a straight line onward and corners a as the line running through the back field may hit a pine knot corner at right angle to the line of John Roberson thence with Roberson and Sharp's lines to the beginning west the spring bank with all the buildings and improvements the on the her the said Catherine Fagala her heirs Executors administrators and assigns to her and their use and benefit forever

I hereby will and bequeath to Mary Sweatman one cow and calf, the aforesaid two sheep and one bed bed stead and bed clothing all which she has heretofore claimed and held as her own by agreement, and I also will and bequeath to said Mary Sweatman thirty five dollars to be paid her by my Executor as soon as convenient after my decease.

All the rest and residue of my estate real personal personal and mixed of which I shall die seized and possessed or to which I shall be entitled at my death I give devise and bequeath to be Equally divided them an among my legal heirs according to law, and lastly I do nominate and appoint A. H. Kenner Esq.

Page 190

Will of John Fagala

to be Executor of this my last will and testament

In testimony whereof I the said John Fagala have to this my last will and testament subscribed my name and affixed my seal this twenty third day of May in the year of our Lord One thousand Eight hundred and Seventy four.

                                                                                                John Fagala (Seal)

Signed sealed & published and declared in the presence of us

James M. Sharp

Daniel S. Trundle

A. H. Keener

Page 191

Will of Lucy Clark

In the name of God Amen

I Lucy Clark being of sound mind and disposing memory, do make and publish this my last Will and Testament, hereby revoking and making void all others by me at any time made.

First     I direct that my funeral expenses and all my debts be paid as soon after my death as possible, out any monies that I my die possessed of or my first come into the hands of Executor  Secondly  I direct that my Executor shall divid the Farm on which I live now into four parts as nearly equally in value as may be.

Thirdly              I give and bequeath to my bloved son Elijah Anderson Clark one fourth of the property above mentioned one Bed Bed stead and necessary Bed Clothing, one cow, one Table and one horse.  Fourthly  I direct that the remander of my Estate both real and personal be equally divided between my children Elijah Anderson Clark  Nancy Catherine Nichols  Amanda Angaline Wattenbager and Martha Ann Burnett, for their use during the term of their natural lives, and at their death I desire the same to go to the heirs of their bodies and in case either of my afore mentioned Daughters or my son aforesaid should die childless, I desire that her or his portion of my said Estate shall revert back to and be equally divided between surviving heirs above named.

Lastly I do hereby nominate and appoint Elijah Dunn my Executor.  I witness whereof I do to this my will set my hand this the first day of June 1874.

                                                                                                            her

                                                                                                Lucy X Clark

                                                                                                            mark

Page 192

Will of Lucy Clark

Signed and published in our presence and who have subscribed our names hereto in the presence of the Testator.  This the first day of June 1874

Daniel Pitner

Lewis Falconier

Page 193

Will of Alexander Zallengar

In the name of God Amen

            I Alexander Zallengar being of sound mind and memory make and publish this my last will and Testament hereby revoking and making void all wills by me at any time made.

            First     I direct that my funeral expenses and all my debts be paid as soon after my death as possable out of any money that may come into the hands of my executor.

            Second             I give and bequeath to my daughter Mary Sharp all my personal and real estate, and that Elizabeth Gibson have her support out of the estate during her life, and lastly I hereby nominate and appoint Elisha Sharp my executor in witness whereof I do to this my last will set my hand and seal this 4^th day of December, 1852.

                                                                                    Alexander Zollengar (Seal)

Signed and sealed in our presence and we have signed our names in the presence of the testator this 4^th day of December 1852

                                                                                    Lemuel Bogart

                                                                                    Jacob Blazer

Page 194

Will of Charles Alen

            In the name of God Amen

I Charles Alen being of sound mind and memory do make and publish this my last will and testament in manner and form following,

First     I give and bequeath unto my beloved wife Charlotte Alen my farm containing ten acres more or less during her widowhood.  After she is done with it I give and bequeath the above named land to my two youngest sons to wit Thomas Allen and Edmon Alen in testamony whereof I have subscribed my name and affixed my seal this the sixth day of June one thousand eight hundred and seventy four

                                                                                                            his

                                                                                                Charles X Alen (Seal)

                                                                                                            mark

In the presence

William M. Roberts

Dan'l. W. Kear.

Page 195

Will of D. M. Reed

I, D. M. Reed of the County of Sevier and the State of Tennessee do hereby make and publish my last will and Testament in manner and following form, that is to say:

First     it is my will and I do order that all my just debts and funeral expenses by duly paid as soon after my decease as convienant can be.

Second             I give and bequeath to my wife Mary Ann Reed during her natural life all my lands that I am legally possessed of to wit one tract of Land containing 110 acres on which I now reside, and one other tract containing 30 acres.  I also will and bequeath to my wife Mary Ann all my personal property of whatever name or kind that I now own except so much of my personal property as shall be necessary to settle my just debts and funeral expenses as named above.

Third    I will and bequeath to my son James W. Reed one Horse sadle & bridle then after the death of my wife Mary Ann if my heirs can agree to an equal division of lands and property they are hereby allowed to do so.  It my heirs cannot agree in a settlement or divide of said property then I will that my executor hereafter to be named shall proceed to bring to public sale said lands & property and distribute equally between all my heirs that may be living at the time said divide shall to be place.

(Over)

Page 196

Will of D. M. Reed

And lastly, I do hereby constitute and appoint my friend Joseph Tipton executor of this my last will and Testament - hereby revoking all other former wills or Testaments - by me heretofore made.

            In testamony whereof I have hereunto set my hand and seal, this fourth day of October one thousand eight hundred and seventy four.

                                                                                                his

                                                                                    D. M. X Reed (Seal)

                                                                                                mark

Signed sealed and delivered by the testator as his last will & testament in the presence of us

J. D. Bowers

John S. Tipton.

Page 197

Will of John Kerr Sen.

I John Kerr sen. of the County of Sevier and State of Tennessee being desirous to dispose of all my worldly affairs, and being in sound mind and disposing memory do make and ordain this my last Will and testament, revoking all other wills heretofore made.

My will and desire is that at my death my Daughter Fatha and my wife Martha has all my stock on hands together with all my household furniture & kitchen furniture equally between them.

            I further Will and bequeath to my wife Martha and my Daughter Fatha all my land where I now live open during their natural life for to support apon and at the death them both.  I will the same land to be equally divided between the heirs of my daughter Fatha & belong to them and their heirs and assigns forever.  I give and bequeath to my daughter Fatha my Negro woman Rose and all her increase together with Her three children Peter, Dean and Polly.  I also give and bequeath to my daughter Fatha my Negro man Washington all her natural life time and at her death be equally divided amongst children.  My will is that my Daughter Fatha and my son John has all my debts and money together with two of my stills equally to be divided between them Except three hundred dollars of my money on so much out of my debts that I will to my son Daniel also I will to my son Daniel one of my best Stills the other two to John and Fatha.  I give and bequeath to my son John all the land where he now lives open for himself and his heirs and assigns forever.

Page 198

Will of John Kerr Sr.

I also Give my son John my black man Peter, and my Black woman Hannah together with all her children and increase

I give and bequeath to my son Daniel all the land where he now lives together with my Grist mill and all its appertenances thereto to have and to hold for himself his heirs and assigns forever. 

I also give my son David my Negro man Dick.

I give and bequeath to my Daughter Polly all the land that she now lives apon together with a small entry adjoining J. Cannon & Rogers to have the benefit of during her natural lifetime and at her death to be equally divided between her children and to belong to them and their heirs and assigns forever

let it be understood that I made an entry of about twenty six acres adjoining or near the mill place where I have given to my son Daniel which I intended my son Daniel to have with the balance of the land I have given him.  My will is that any part of my Estate that may be overlooked belong to my Daughter Fatha and my son John equally between them both.  And last of all I appoint my son John Kerr my Executor of this my last will and Testament

In witness whereof I have hereunto set my hand and seal this the seventeenth day of February eighteen hundred and thirty six

Signed sealed and acknowledged in the presents of us at the request of him the said

                                                                                                his

                                                                                    John X Kerr (Seal)

                                                                                                mark

Page 199

Will of John Kerr Sr.

John Kerr Sen.

Attest

John Brabson

Fredrick Scruggs

State of Tennessee        )

Sevier County               )           I, O. H. P. Hill Clerk of Sevier County Court do hereby certify that the foregoing is true and perfect copy of the last will and Testament of John Kerr Sen. Deceased as taken from the original Will of the said John Kerr Sen. deceased now on file in my office

In testimony whereof I have hereunto set my hand and affixed my seal of office at office in Sevierville this 8" day of October A. D. 1839

                                                                                                O. H. P. Hill Clerk

                                                                                                of Sevier County Court

State of Tennessee        )

Sevier County               )           I William Fowler Clerk of the County Court do hereby certify that the foregoing is a true and perfect copy of a certified copy of the last Will and Testament of John Kerr Sen. deceased.  Given under my hand at office in Sevierville this the 9^th day of December 1874

                                                                                                William Fowler Clerk

Page 200

The Will of Cornelius Patterson

In the name of God Amen.

I Cornelius Patterson do make and publish this my last will and testament hereby revoking and making void all former Wills by me heretofore made.

1^st        I direct that my boddy be buried at Cummings Chapel in a manner suitable to my condition in life.

2^nd        My Will is that after my death all my lands be sold on the premises at public auction on twelve months credit except five hundred dollars longer time may be given by the purchaser paying the Interest for six months in advance still retaining a lien on the land, said Interest I direct be paid to my wife Violet for her support should the Interest of said five hundred dollars be insufficient to support my wife Violet She may choose a man and my Executor One, if they disagree chose a third one who shall determine how much of the five hundred dollars shall be used for her support.

3^rd        My wish is that what I owe George Blazer be paid out of the proceeds of my Loose property to the amount of thirty four dollars

4^th        My will is that my wife Violet have one milk cow all the household and kitchen furniture one years support to be laid off by three men