WILL OF MARMADUKE BOOKOUT

Page 48, Book of Settlements, Wills, etc. from 1830 to 1842 Dated 22 Feby., 1830 Anderson Co., Tenn.

In the name of God Amen--I MARMADUKE BOOKOUT [caps here & below, HWB III] of the County of Anderson and state of Tennissee concidering the uncertainty of this mortal life & being of sound mind & memory (blessed by Almighty God for the same) do hereby make and publish this my last will and testament in manner and form following (that is to say). First--First I give and bequeath to my son JESSEE BOOKOUT by my first wife RACHEL BOOKOUT one tract of land which I purchased from BURTON & WM. UNDERWOOD as attorney in fact for her u--tead lying in the county Anderson & state of Tennissee also one horse worth fifty dollars which he has already received & further that after my decease for him to have one dollar to have and to hold to him & his bodily heirs forever. Second--I give to my daughter NANCY VAUGHN one cow--one feather bead & furnature & one Spinning wheel which she has already Received & further I will that after my decease that her bodily heirs have one dollar for them to have and to hold forever--a being since she so received the above named goods and chattles that the Almighty has called her unto herself.[?] Third--I give and bequeath to my daughter RACHEL WOOD one cow one feather bead & furniture & 1 spinning wheel which she has already Received & further I will that after my decease she have one dollar to have and to hold to her and her bodily heirs forever. Fourth I give and bequeath to my Son JOSEPH BOOKOUT one tract of land which I purchased from Wm. Underwood attorney for her Umpstead[homesead?] lying in the county of Anderson 7 on the waters of Hinds Creek also one horse worth fifty dollars which he has already received. I further will that after my decease he have one dollar to have and to hold to him & his bodily heirs forever. Fifth--I give & bequeath to my daughter ELIZABETH LUMPKINS one cow--one cow--one feather bead & furniture & 1 spinning wheel which she has already received and further I will that after my decease her husband JAMES LUMPKINS have one dollar. Sixth--I give and bequeath to my daughter EDY LUMPKINS one cow--one feather bead & furnature 1 Spinning wheel which She has already Received and further I will that after my decease she be allowed one dollar to have and to hold & her bodily heirs forever. Seventh--I give and bequeath to my son MARMADUKE BOOKOUT one horse worth fifty dollars which he has received since that time the Governor of the Universe has called him to himself. Eighth--I give and bequeath to my son CHARLES L. BOOKOUT one tract of land on the Chestnut ridge lying in knox and Anderson counties which I purchased from JESSE COLE & her Umstead by his attorney WM. UNDERWOOD & one horse worth fifty dollars which I contracted from him finding[?] a young colt of his two winter seasons which he has already received and further I will that after my decease he have one dollar to have and to hold to him and his bodily heirs forever. Ninth--I give and bequeath to my son JOHN M. BOOKOUT one tract of land which I purchased from JOHN GIBBS attorney in fact for CHARLES MCCLUNG in the county of Anderson & on Byrams fork of Hinds Creek also one horse worth fifty dollars which he has already received & further I will that after my decease he have one dollar to have and to hold to him & his bodily heirs forever. Tenth--I give & bequeath to my son JAMES BOOKOUT one Tract of land which I purchased from her Umstead by his attorney Wm. Underwood lying in the county of Anderson on the North side of the chestnut ridge & in place of a horse worth fifty dollars I give so much of his time before he becomes of age as an equivalet to the horse which he has already Received & further I will that after my decease he have one dollar to have & to hold to him & his bodily heirs forever. Eleventh--I give and bequeath to my daughter CHARITY LEMER[LAMAR?]--one cow--one feather bead & furniture & one spinning wheel which she has already received and further I will that after my decease she have one dollar to have and to hold to her and her bodily heirs forever. Twelfth--I give and bequeath to my daughter DELILA LUMPKIN--one cow one feather bead & furnature & one Spinning wheel which she has already received & further I will that after my decease she have one dollar to have & to hold to her & her bodily heirs forever. Thirteenth--I give and bequeath to my son THOMAS BOOKOUT one tract of land which I purchased in a body form her Umsteade by his attorney WILLIAM UNDERWOOD & have Since divided to my other sons as before mentioned lying in the county of Anderson on the north side of the Chestnut Ridge & one horse worth fifty dollars which he has already received & further I will that after my decease he have one dollar to have and to hold to him & his bodily heirs forever. Fourteenth--I give & bequeath to my youngest Son WILLIAM BOOKOUT the tract of land which I now live on & one horse worth fifty dollars when he marries or becomes of age the land to Remain in his Mothers possessions as her rights & property during her natural life time or widowhood & to assist her from the production thereof in raising the remaining children that has not married or left her & if she should die before he becomes of age or has any bodily heirs the land which I give unto him must be valued by two disinterested freeholders & then my son THOMAS BOOKOUT if he choose may pay the one half of the valuation to be equally divided among my daughters then living & occupy the land. otherwise for it to be sold and the one-half to be paid to him and the other divided as above directed. Nevertheless not until after my wife shall decease or marry another man. Fifteenth--and lastly I give unto my wife ELIZABETH BOOKOUT all the rest residue & remainder of my personal estate goods & chattles of what kind and nature soever & the stock of all kinds & if she should be so prosperous to have anything to spare as her daughters marys or all becomes of age that she that she devide to them that portion as she may feel disposed & I hereby appoint her my Sole executrix of this my last will and testament during her widowhood or natural life time & if she should die or marry before her daughters all marry or become of age I appoint EZEKIEL TAYLOR as her successor as executor hereby revoking all former will by me made In witness whereof I have hereunto set my hand & seal this 22nd day of Feby. 1830.

Signed sealed & published in presence of us. MARMADUKE BOOKOUT CHESLEY H. BOOTRIGHT (Seal) MOSES RIGHT BENNEY D. MARCUS

I MARMADUKE BOOKOUT of the county & state aforesaid do this 22nd day of February 1830 make this codicil to my last will & testament in manner following (that is to say) that if my wife ELIZABETH BOOKOUT should die before her daughters all marry or become of age that they live on the place in the mansion house where I now live and live on what may be left after her death and if any left after they all marry or become of age the ballance to be equally divided among all younger LUCINDA CLARKSON and her to have one cow and one dollar in witness whereof I have hereunto set my hand and seal the day and date above written.

Signed and sealed in the presence of us CHESLEY H. BOOTRIGHT MARMADUKE BOOKOUT MOSES RIGHT BENNET[SIC?] D. MARCUS

[Typescript from a copy of a typescript endorsed by Mary K. & Lawrence Bookout. Made by Henry Wade Bookout (III), 9/16/95.]