Hawkins County Will Book 2
Copy of Will of William Lyons
Will Book II Page 21
I William Lyons of the County of Hawkins and State of Tennessee being
of sound and disposing mind and memory but of advanced age considering
the uncertainty of life and the certainty of death and being desirous of
settling my worldly affairs with satisfaction to myself do make publish
and declare the following to be my last will and testament hereby revoking
and making void all other wills heretofore made by me. First – It
is my will that all my just debts be paid out of the first money that may
come into the hands of my executors herein named. Secondly --
It is my will and desire that my son George W. Lyons have the plantation
on which he now lives and the ___ place and also the Mitchell place which
I sold to him the said George holding said land as a part of his share
of my estate after having first paid to me or my executors the bonds or
notes I hold on him for the purchase of a part of said lands.
I also gave him two negros some time ago which I regard as part of
his share of my estate. Thirdly -- I will and bequeath to my
son David Lyons the Harold plantation on which he now lives also fifty
acres on the south side of the Holston River opposite said place, also
my interest in the ___ land. Said land having been paid for out of the
proceeds of the store. The said son David being a partner with me
in said store. Also a negro boy David and negro girl Winney.
Fourthly – I will and bequeath to my son Jesse M. Lyons the plantation
on which he now lives known as the John A. Rogers farm where there is a
mill and tanyard and the Henchel farm and also the lots belonging to me
in the town of Surgoinsville lying south of the main road. I also
give and bequeath to my said son Jesse the twenty acres of land lying upon
the branch above the tanyard upon which there is a black smith shop occupied
by Ransom Moore. I also gave to my son Jesse M. Lyons some
years ago a negro girl Julia with her children and a negro boy Sam.
I having advanced the money to pay for the said boy Sam. I do hereby
confirm unto my said son Jesse said negros together with their increase.
Fifthly – I will and bequeath as follows to my son William Lyons.
I have heretofore settled him on the Henderson farm and the said William
has sold said farm and invested the proceeds thereof in other land.
My will and desire is that my son William shall have the proceeds of said
Henderson farm as part of his share of my estate. I also gave him
the possession of a negro man Bob and a woman Martha and child, my will
and desire is that my son William shall have said negros together with
their increase since they have been in his possession. I also will
and bequeath to my said son William twelve hundred fifty dollars to be
paid him by my executors after first deducting an account due to William
Lyons & Son amounting to the sum of five hundred forty dollars and
thirty nine dollars and fifty cents due 10th of April 1842 adding the interest
thereon until paid .. no interest to be charged on the account. Sixthly
- I advanced to my son Petsor M. Lyons cash, negros and other property
about six thousand dollars when he went to the state of Missouri.
I do hereby will and bequeath to him said cash, negros and other property
as part of his share of my estate. Seventhly – to my daughter Matilda
Ann Carmack I will and bequeath the plantation known as the Song/Sing place
lying on the south bank of the Holston River with the mountain lands adjoining
containing… is supposed about three hundred acres. I also will and
bequeath to her the house in which she now lives together with all the
lots on the north side of the main road in the town of Surgoinsville.
I also will and bequeath to my said daughter Matilda A. a sixty acre tract
and a thirty acre tract of land lying north of the town of Surgoinsville
and one hundred and ten acres of land to be taken off of the Coldwell and
Preston tracts. Beginning on the river and running northwardly direction
across my plantation. I also give and bequeath to said daughter Matilda
my negro man Harry and his wife Emily together with their increase from
this date and also my negro girl Cate and my negro boy Dave. I give
and bequeath to my granddaughter Sally daughter of said Matilda A. my negro
girl Malinda and to my granddaughter Matilda Frances also daughter of the
said Matilda A. my negro boy Henry and to my grandson William son of my
daughter Matilda A. my negro boy Bill. Eighthly – I will and bequeath
to my son Clinton G. Lyons the tract of land on which I now live after
taking off the one hundred and ten acres bequeathed in this testament to
my daughter Matilda containing by estimation twelve hundred acres upon
his paying the following sums of money to wit: to my son George M.
$2,428.57 dollars, to my son David the like sum of $2,428.57 dollars, to
my son William the like sum of $2,428.57 dollars, to my son Petsor the
like sum of $2,428.57, to my daughter Matilda the like sum of $2,428.57,
to my granddaughter Catherine Smith daughter of Petsor and Sarah Miller
two thousand dollars and in as much as my son Jesse is indebted to me by
note in the sum of three hundred dollars due by note dated the 25th March
1847 and to the firm of William Lyons and Son due by note in the sum of
$1,683.24 dollars due August 1, 1838 which note has been lost or misplaced
and also to said firm another note of 119 dollars due January 1, 1847 and
the said firm on an account of $1,277.48 dollars and the said Jesse is
also indebted to said firm in the sum of two hundred and thirty five dollars
and eighty five cents on account of a credit which said Jesse gave to David
Minis the whole of said credit being $471.60 dollars dated Oct 1, 1849,
half of which is justly chargeable to me or bank of said firm. Now
it is my will and I do direct that the said sum of $2,425.57 dollars be
paid by my son Clinton G. Lyons to my executors to be applied by them so
far as it goes to the extinguishment of said debts mentioned due and owning
by my said son Jesse M. Lyons in order as follows: first to pay up
the principle and interest of the three hundred dollar note due me.
Secondly, to pay the other notes and accounts in the order they are named
counting no interest on either notes or accounts. It is my will and
desire and I do direct that my son C. G. Lyons shall pay the sum of money
designated as Jesse M. Lyons part in satisfaction of said debts as far
as it may to go my executors at the end of twelve months after my death
and that he shall pay one fourth of the balance due to my seven children
and grandchildren at the end of two years after my death one fourth at
the end of three years and one fourth at the end of four years and one
fourth at the end of five years without interest until due and the said
G.C.Lyons shall execute notes with security for the family desired by my
said children and grandchildren to whom the same may be due and owing.
It is my will and desire that my said son Clinton G.Lyons shall have my
negro boys Bart and Jo and my girl Sew or Louisa as a part of his share
of my estate and for the purpose of settling all dispute in regard to my
stock, family utensils. I do hereby make known that one half of the
stock now upon my plantation one half of the farming utensils on
the property of the said C. G. Lyons and belong to him. Also being
an equal partner in farming with me that he is entitled to one half of
the proceeds of my farm, that he is an equal partner with me in the farm
and in entitled to one half of the notes and accounts in my hands and the
goods in hand. Ninthly – To my well beloved wife Matilda Lyons should
she survive me I give and bequeath the family mansion with all the barns,
stables and fifty acres of land nearby by of her own choosing and for wood
from the wood land of the home for and during her natural life and at her
death the same is the belong to my son Clinton G. Lyons. It is my
will and desire that my said wife Matilda Lyons shall have all my household
and kitchen furniture, by books and my negro boy Bob also my negro woman
Kizzie together with two children and her increase. My negro men
Sampson and Sam and my old negro woman Judy to be disposed of also ___
as she may desire at the same time. I would express they hope these
old negros be not sold out of the family but that they be permitted to
choose their own homes and live among my children the remainder of their
days. It is my will and desire that my wife have two good horses of her
own choosing and my carriage, three milch cows, one sow and pigs and twenty
head of sheep to be chosen by her out of my flock of sheep and as much
grain and other produce as she may desire for her support at least for
one year. Tenthly – My son David and I are partners in merchandise
trading under the name of William Lyons and Son. I furnished two
thousand four hundred dollars capital stock and he done the business being
the active partner which was to be a set off to my capital stock in even
equal partners in said business. I am to have as my part of said
business on half of all the debts, or evidence of debts, my son David the
other half. There have been no settlement of the concern. My
will and desire is that said partnership concern shall be settled up by
my said son David and my share of said partnership to be paid to my executors,
if not paid to me before my death, it is my will and desire that all the
proceeds of said partnership belonging to me and all other property belonging
to me at the time of my death, and all evidence of debt notes, bonds or
account, shall be collected by my executors. That the property not
specially disposed of heretofore in this instrument shall be sold by my
executors on twelve months credit and the money collected shall be divided
equally among my seven children to wit: George M., David, William,
Petsor M., Matilda, Clinton G., Jesse and my granddaughter Catherine
Smith and in as much as the amount of money due from my son Jesse M. Lyons
to the firm of William Lyons and Son which not having been paid, it is
my will and desire that my executors apply so much of the money as would
be coming to my said son Petsor M. in the division as above stated to the
payment of said debts on the balance remaining unpaid, the balance if any
these shall be paid over to the said Jesse M. Lyons. All other moneys
not hereby disposed of shall be equally divided among my children share
and share alike. And in the distribution of said estate, it is my
will and desire and do so direct that of the note which I hold on my son
George M. Lyons for the sum of $1760.00 dollars dated the first day of
January 1851, if not paid before my death, the amount of said note both
principle and interest is to be deducted of his part of my estate.
Lastly - I do hereby nominate and appoint my dearly beloved wife
and my two sons, George M. and David Lyons my executrix and executors of
this my land will and testament.
Witness my hand and seal this 19th day of November A. D. 1862.
William Lyons Sr. (seal) - Signed, sealed, published and delivered
in our presence and we have subscribed our names in presence of the testator
19th Nov. 1862
Geo. R. Powel, Sam Powel, P. L. Henderson
Codicil to Will of William Lyons - I William Lyons having made and published
my last will and testament having date 19th day of November 1862 and also
having made and published a codicil to said last will and testament having
date 28th day of October 1864 which said codicil hereby revoked and have
destroyed and do hereby make and publish this my codicil to said will hereby
verifying and confirming said will in all things not changed or altered
by this codicil. My son David Lyons having departed this life since
the execution of said will I hereby appoint my son C. G. Lyons one of the
executors of my said will. Secondly - In my said will I bequeathed
to my granddaughter Matilda Frances Carmack daughter of my daughter Matilda
A. a negro boy Henry. I hereby revoke said bequest and will and bequeath
to my said granddaughter Matilda Frances Carmack in the place of said boy
Henry my negro boy Dave bequeathed in said will to my daughter Matilda
A. hereby revoking so much of said will as bequeathed said negro
boy Dave to my daughter Matilda A. Thirdly -- In the bequest mentioned
in said will as “equally” in which I bequeathed to my son Clinton G. Lyons
the tract of land upon which I now live, after taking off the one hundred
and ten acres bequeathed in the instrument (meaning this will) to my daughter
Matilda A. containing, by estimation twelve hundred acres, I make the following
disposition of said real estate. I hereby will and bequeath to my
grandchildren James S. Lyons, ___ Lyons and Clinton Lyons children of my
said son Clinton G. Lyons and his wife Livia Lyons and to any children
that may be born of the said Clinton G. Lyons wife hereafter the aforesaid
plantation with all the appurtenances. And for reasons satisfactory
to myself I do hereby revoke so much of my said will as bequeaths my property
or money to my said son Clinton G. Lyons and I do hereby substitute
in the place of my said son Clinton G. Lyons my aforesaid grand
children James S. Lyons, I. and Clinton Lyons and any children that
may hereafter be born of my son Clinton G. and wife Livia Lyons.
Said money and property both real and personal to be equally divided among
the said children including said children that are already in existence
and any that may in the future be born of the aforesaid marriage, share
and share alike. I do also charge said plantation with the payments
of the following sums of money to wit: to my son George M. $2, 428.57
dollars to my son David the like sum of $2,428.57 dollars, to my son William
the like sum of $2,428.57 dollars to my son Petsor M. the like sum of $2,428.57
dollars, to my daughter Matilda the like sum of $2,428.57, to my granddaughter
Catherine Smith daughter of Petsor and Sarah Miller two thousand dollars.
I hereby revoke so much of said bequest as charges and land on the said
Clinton G. Lyons with the payment of any sums of money to the above mentioned
parties as stated in said will in the bequest marked “eighthly”.
By my will and desire is that my before mentioned grandchildren,
children of my said son Clinton G. Lyons and any that may hereafter be
born as aforesaid shall take said land from said charges and incumbrances
except the life estate of bequeath to my wife in said last will and testament
share and share alike. In order that there shall be no misunderstanding
in regard to said bequest heretofore made in said will to my said son Clinton
G. Lyons my will and desire is that my aforesaid grandchildren, children
of the said Clinton G. Lyons and Livia his wife and any other children
that may be born of said marriage shall be substituted in the place of
my said son Clinton G. Lyons in said will and shall take said land bequest
mentioned in said will in the place of my said son Clinton G. Lyons.
If my son Jesse M. Lyons should owe my estate more than the amount coming
to him out of the fund that I directed to be equally divided amongst my
children in the articles marked “tenthly” in said will, my will and desire
is that said excess shall not be collected from my said son Jesse M. Lyons.
Witness my hand and seal this 22nd day of May 1865 William
Lyons (seal) Sealed, signed and published in our
presence and we have subscribed our names as witness in the presence of
the Testator this 22nd May 1865.
Sam Powel, James Carmack, P. L. Henderson
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Copy of Last Will and Testament of John A. Couch - Deceased
Will Book II, Page 54
Filed and Proven 6th Day of July 1868
Which is in words and figures to wit:
I John A. Couch do make and publish this as my last will and testament hereby revoking and making void all other wills by me at anytime made. First - I direct that my funeral expenses and all 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 want enough of my personal property sold by my executors to be disposed of to the best advantage to the payments of any debts not setting apart or keeping back anything by being allowed under the law so that things may disposed of to the best advantage for my wife and minor children. Thirdly - I want my wife Peggy Ann to have the management of my family concerns and what property may be necessary for her own and the use of my minor children during her widowhood or natural lifetime. Fourthly - I want my daughter, Elizabeth, and my daughter, Mary’s heirs, and Peter, my son, and my daughter, Eliza, and my son, Issac, and my son, George, and my son, John, and my daughter, Sarah, and my daughter, Josaphine, and my son, Sherdinan, all to share equal in my land and all other property and affects whatever may be at the time of my youngest heir coming of twenty one years of age also if it should be that my wife is living as my widow at that time she is to have her maintenance off my lands while she remains my widow. And lastly - I do appoint Josiah F. Self and Lazarus Couch my executors in witness whereof I do to this my last will set my hand and seal this 11th day of March 1868. John A. Couch (Seal)
Signed, Sealed and acknowledged in our presence and we have subscribed our names hereto in the presence of the testator this the 11th day of March 1868 - Witness: Edward Walker, Thomas A. Long
Copy of Last Will of John H. Morell
Filed and Proven July 7th 1879
I John H. Morell being of sound and perfect mind and memory do make
and publish this my last will and testament, hereby revoking all or any
wills by me at anytime made which is as follows to wit: First - I
have deeded to my two oldest sons C. Morell and I. N. Morell one hundred
and ninety acres of land as their just portion of my real estate being
the south west end of my lands which land was surveyed and divided
between them and deeds made to each one. Second - I will that as soon as
my son Samuel Morell shall arrive at the age of twenty one years to have
his portion adjoining the land of C. and I. N. Morell off of my land according
to quality and quantity so as to be equal in value to either one of them.
Thirdly - I will to my daughter Mary C. Chesnutt five hundred dollars in
money. Fourthly - I will to my daughter Laura M. Chesnutt five hundred
dollars in money the amount willed to each one of them to be paid in seven
years from this date by my hereafter named executors or sooner if convenient
for my executors to do so the money to be made out of the surplus stock
now on hand and the balance of the money to be made out of the surplus
proceeds of the farm. Fifth - I will that the remainder of my land
after Samuel Morell is laid off of as before directed to be equally divided
between my five younger children to wit: Roda Morell, Sarah Morell,
Robert Morell, Martha Morell and John Henry Morell according to quantity
and quality so as to be equal in value and further to be divided so as
to allot the homestead will be assigned to Robert and John Henry Morell
the aforesaid distribution to be made in twelve months after my death and
further the last named five children not to have possession before they
arrive at the age of twenty one years but each one of them to have possession
as soon as he or she become to be twenty one years old. Sixth - I
will that my beloved wife Sarah Morell to have full possession of all my
land except that part which I have willed to my sons C. Morell and I. N.
as heretofore named but she is to have full possession of all the balance
till them respectfully arrive at the age of twenty one years of age and
in the event that my wife Sarah Morell should be living when my younger
son John Henry Morell becomes to be twenty one years old she is to have
possession of the northeast room of my present dwelling house during her
natural life or in the event she should prefer to live somewhere else on
the farm I hereby bind all my heirs to build her a comfortable house sufficient
large for her convenience for her to have and to hold during her lifetime
and I hereby bind all my heirs to see that my wife be plentifully supported
during her lifetime. As to my personal property I will of the household
and kitchen furniture to my wife Sarah Morell for her and the minor children
use and I also will to my wife one wagon and enough of the work stock to
run the farm and all the farming utensils now on hand together with plenty
of cows, sheep, hogs and things necessary for the proper support and maintenance
of the family and also I will that my son Samuel Morell have the horse
colt that he now claims. Lastly - I hereby appoint C. Morell and
I. N. Morell my executors of this my last will and testament.
Made, Signed and delivered in the presence of us this the 1 Day of November
1878.
John H. Morell (X - his mark) (Seal) Witness: Henry Tarter,
Dell Shiffey
Copy of Will of Polly S. Spangler
Filed 6th January 1873
I Polly Spangler do make and publish this as my last will and testament hereby revoking and making void all other wills by me at anytime made. First - I direct that my husband John Spangler shall have the east end or new house of my dwelling also half the lot and yard that the houses stands in with half the spring and spring house and half of all other buildings on my premises with half the privileges of the wash yard also that he my husband shall have half of my Gravley Valley farm beginning on the line of Hales heirs and running a north line so as to divide said land eachel between him and my son Jobe Spangler. My husband having choice of ends. And also that my son Jobe C. Spangler shall have all the rest of my real estate. But I further provide that in case that my husband shall become disabled or afflicted that all my lands shall be his for his service until his death then all the lands above named in the will shall fall back to my son Jobe C. Spangler with all the buildings and privileges in case that other should leave their land the other should have full control of said land until his return. And I further proving that my husband shall have the furniture that now is in his room, two beds - one chest - one small table and (co) and further that there shall be no sales of any of my lands during the life of my husband John Spangler. Whereunto I have set my hand and seal this the 19th day of August. Polly Spangler (Seal) Attest: T. T. Raye,
Andrew Tarter (x-his mark) 6th January 1873
Copy of Last Will and Testament of Anna Coward,
Deceased
Will Book II, Page 28
State of Tennessee Hawkins County. In the Name of God, Amen.
I Anna Coward, being of sound mind and memory and considering the uncertainty
of this frail and transitory life do therefore declare and ordain this
to be my last will and testament, and first I recommend my spirit to God
who gave it and my body to the dust from whom it came. Secondly - I wish
all my just debts and funeral expenses paid with my personal property,
and my real estate I give and bequeath as follows: To my daughters
Susannah and Patience Coward, I give fifty two acres of the east end of
my farm including my dwelling with all the appurtenances thereon.
To my daughter Mary I bequeath twenty five acres of the southwest corner
of my farm adjoining the lands of C. J. Coward and the remainder of my
land I give to my son Elijah and his nearest blood relations and their
assigns forever, and should there fail to be a spring on his part of the
land my wish is that he shall have access to water when it may suit his
convenience. In witness whereof I have hereunto subscribed my name
and caused my seal to be affixed this the 15th day June One Thousand Eight
Hundred Fifty Five. Anna Coward (x-her mark) (Seal)
John W. Williams, C. J. Coward
Copy of Last Will and Testament
of Robert Patterson, Deceased
Will Book II Page 28
I Robert Patterson of the County of Hawkins and State of Tennessee
aged eighty one being weak in body but of sound mind and memory do hereby
make ordain and publish this my last will and testament hereby revoking
all others. And first I commend my soul into the hands of my great
Creator who gave it. Second - I give and bequeath to Nancy Jones
my granddaughter all my cash and notes the amount not known. Also
one bed and bed clothing sufficient for it. Third - I give and bequeath
to my beloved wife Tabitha Patterson all the farm on which I now live during
her natural life also all my household and kitchen stuff, except such as
were heretofore named, with my farming utensils. Fourth - I give
and bequeath to my daughter Sally Berry thirty five dollars to be paid
to her by Tabitha Hennard. Fifth - I give and bequeath to Tabitha
Hennard and her heirs at the demise of her Mother the farm above
named with all the household and kitchen stuff and farming utensils with
all other things appertaining thereto except such as was heretofore named.
In witness whereof I have hereunto set my hand and affixed my seal this
15th of September in the Year of our Lord One Thousand Eight Hundred and
Sixty Five. Robert Patterson (x-his mark) Witness: M.
S. Bailey, Jos. Bradley
Copy of Last Will and Testament
of Jane B. Armstrong, Deceased
Proven April Term 1867
Will Book II Pages 29 -30
I Jane B. Armstrong of Hawkins County, Tennessee being of sound disposing
mind and memory do make, publish, declare the following to be my land will
and testament. First - It is my will and desire that out of the first
monies that may come into the hands of my executor hereinafter named my
funeral expenses and my just debts should be paid. Secondly
- It is my will and desire, and I do bequeath all my estate, or property
whether it consists of money, notes, bonds or any other kind of property
whatever or whether it be in my possession or in the possession of any
other person to my three sisters to wit: Betsy M., Sarah Ann and
Minerva Armstrong to be equally divided between them share and share alike
and if either of them should not survive me then in that case
it is my will and I do direct that my real estate shall be divided between
the survivors and if but one of said sisters shall be living at the time
of my death then she shall hold in severally all my estate and if none
of my said sisters survive me then I will and bequeath all my estate to
my brother James G. Armstrong absolutely. Lastly - I do hereby appoint
my said brother James G. Armstrong my executor of this my last will and
testament. Witness my hand and seal this 11th day of December 1866.
Jane B. Armstrong (seal) Signed, Sealed and acknowledged in presence
of us: George R. Powell, John J. Hayter, N. F. Powell
Copy of Last Will and Testament of Mary Armstrong, Deceased
Filed and Proven 6th Day of April 1868
Will Book II Pages 50 - 52
Which is in the words and figures following to wit:
I Mary Armstrong of sound mind and disposing memory and while in good health but considering the uncertainty of life and the certainty of death constitute and publish the following to be my last will and testament and by this revoking all others which I may have made. In view of facts hereafter mentioned: that whereas under the last will of my husband William Armstrong, signed and witnessed on the 16th day of February 1860, certain specific ___ was left to me, and at my sole and utter disposal to wit: our negro girl (then a slave), Sidney, and her children and also the stock, horses, hogs, sheep and other cattle also the farming implements and the household and kitchen furniture of any kind and species and the said William Armstrong mentioning the sums of money given and paid or to be paid to his children Henry C. Armstrong and Mary E. Powel and other property principle slaves and disposing of his lands in accordance with his wishes and desires giving a part thereof to his son Alfred another part during my natural life to me Mary Armstrong then to William Armstrong and expressing in his said last will that it was his wish for William S. Armstrong to live with me to manage the family to wit: The above mentioned last bequests to me first succeeding to him the said William S. Armstrong - also to supervise my hands on the said tract of land. He the said William S. receiving one half of all ___ hereon after paying necessary expenses until he liquidated and paid off the sum of two thousand five hundred dollars ___ and taxes on parcel of land going to him at my death to the executors of the estate of said William Armstrong my husband and the testator in the above mentioned will and testament by him made and signed to wit: on the 16th day of February 1860 and whereas great and marked changes have taken place since the publication of said last will and testament and since the death of said testator William Armstrong, slaves, freed, great loss sustained in every other kind of property, horses, hogs, sheep, etc. And knowing that nothing over and above a livelihood for the family and sundry incidental or necessary expenses was realized off the said tract of parcel of land given to me during my natural life, then to William S. Armstrong during the late Civil War. Therefore I Mary Armstrong feel it my duty and herein incumbent upon me pursuant to said last will of my husband Armstrong, to wit: It is my will and desire that Henry C. Armstrong have the sum of one dollar to be paid out of the effects of my estate, he having already having been amply provided for by his father as shown under his the said William Armstrong’s last will. 2nd - It is also my wish and desire that the children and heirs at law of my son Alfred Armstrong, deceased, be paid the sum of one dollar out of my effects their father the said Alfred Armstrong having been amply provided for by the said William Armstrong’s last will. 3rd - It is further my will and desire therefore I bequeath that Mary E. Powel my daughter have the sum of one dollar paid out of the effects of my estate, she having been provided for by her father the said William Armstrong’s last will and testament. 4th All the rest and residue of my property of whatever species whether notes, ___ in action or other evidence of debt also the stock, horses, hogs, sheep and other cattle all the household and kitchen furniture all the farming utensils and all the grain that may be on hand at my death and the same is hereby declared to be the property of William S. Armstrong, my son, with whom I am now and have been living at the homestead since the death of my husband, his father. 5th - I also give and bequeath to him the said William S. Armstrong all the interest I have or may hereafter acquire in one half of the proceeds arriving from said farm on which we now live and of which he was to receive one half and I the other and it is my desire that he be not held responsible for any of said one half which have accrued or may hereafter accrue as my ___ of said proceeds - and I hereby relinquish to him and assigns forever ___ ___. In testimony whereof I have set my hand and seal this 25th day of April One Thousand Eight Hundred and Sixty Seven. Mary Armstrong (seal) Signed in our presence this 25th day of April 1867 James Hoffman, W. H. Watterson
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Copy of Last Will and Testament of Sarah White,
Deceased
Proven by the oaths of James H. Vance and A. M. Doak
Will Book II Pages 31 - 32
The last will and testament of Sarah White. I Sarah White of
the County of Hawkins and State of Tennessee being advanced in years but
of sound disposing mind and memory do make publish and declare this to
be my last will and testament hereby revoking and making void all other
wills heretofore by me made. I give and bequeath of my son James
White and to him and assigns forever my house and lot in the town of Rogersville,
Tennessee on Church Street adjoining the lots of William White and Mrs.
Maria Wells containing about of an acre. As to my other property
I may die possessed of I leave it to be equally divided among my lawful
heirs according to the statute laws of the State of Tennessee.
I hereby nominate appoint my son James White executor of this my last will
and testament. In witness whereof I have hereunto set my hand and
affixed my seal this 22nd day of May AD 1866. Sarah White (x - her
mark) (Seal) Signed, Sealed and acknowledged in our presence on the
22 day of Amy AD 1866 - A. M Doak, M. O’Neill, J. H. Vance
Copy of Last Will and Testament
of Spencer Bassett, Deceased
Proven the 1st day of April 1867 before the County Court
State of Tennessee, Hawkins County
Will Book II Pages 30 - 31
In the name of God Amen, I Spencer Bassett of the County and State
aforesaid being of sound mind and memory and calling to mind the uncertainty
of life and that it is appointed once for all men to die, do order and
declare and make this my last will and testament revoking all others by
me heretofore made, that is to say - First - I recommend my soul into the
hands of God who gave it and my body to a decent burial and after the expenses
of the same are defrayed, I give and bequeath the residue of my goods and
chattels of which it hath pleased God to bless me as follows: It
is my will that of my property both real and personal be sold at public
auction on twelve months credit and after all my just and debts are paid,
I will and bequeath to my son William B. Bassett eight hundred and twenty
dollars, to my son John N. Bassett eight hundred and twenty dollars, to
my son George W. Bassett eight hundred and twenty dollars, to my son Isaac
I. Bassett eight hundred and twenty dollars, to my son Joseph Bassett eight
hundred and twenty dollars, to my son James Bassett eight hundred and twenty
dollars, which they have already received, I also will and bequeath to
my daughter Louisa Lane eight hundred and twenty dollars, two hundred of
which she has already received, and the residue of my estate I will and
bequeath to my son William B. Bassett, to my son John N. Bassett, to my
son George W. Bassett, to my son Isaac I. Bassett, to my son Joseph Bassett,
, to my son James Bassett and to all the children of my daughter Louisa
has or may have all share and share alike except the children of my daughter
Louisa, who are all to have one share equal to my children and this share
I bequeath to the children of Louisa is to be left in the hands of my executors
to be expended if necessary upon my daughter Louisa and her children for
their comfortable support and maintenance and if my executors shall not
deem it expedient to expend all the said estate left in their hands for
the benefit of said children such portion is left in their hands to be
equally divided between the children of the said Louisa, as they may marry
become of full age. It is also my desire that my black boy Christopher
and other slaves, that I may be possessed of at my death to be sold at
public auction and that my children shall be the only bidders at the sale
of said Christopher or other slaves, and it is further my will and desire
and I do hereby appoint my dutiful son Joseph Bassett and my friend William
W. Etter, my true and lawful executors, to this my last will and Testament.
In witness whereof I the said Spencer Bassett have hereunto set my hand
and seal this 19th day of March 1860. Spencer Bassett (seal)
Signed, Sealed and Acknowledged in presence of: William
W. Etter, Sells Etter, A. H. Etter
Copy of Last Will and Testament of Joseph
Anderson, Deceased
Proven the 3rd Day of June 1867
Will Book II Pages 32 - 33
I Joseph Anderson of the County of Hawkins and State of Tennessee being
of sound mind and memory and considering the uncertainty of this frail
and transitory life do therefore make and ordain publish and declare this
to be my last will and testament that is to say: First - After all
my lawful debts are paid and discharged the residue of my real and personal
I give bequeath and dispose of as follows to wit: 2nd - To my beloved
wife Sary Tabitha the tract of land on which I now live containing seventy
five acres more or less adjoining the lands of Christian Kenner and others
likewise two mares and two colts and forty head of hogs and six head of
cattle and fifteen head of sheep, and all the household and kitchen furniture
and all my beds and furniture counting four in number. My will is
and it is my will that my beloved wife Sary Tabitha have all of my estate
real and personal that I may die seized and possessed of during her lifetime
to dispose of as she sees proper for her benefit and comfort of life.
3rd - My will is at the death of my wife Sary Tabitha that all of my estate
real and personal or the proceeds thereof which may remain in her hands
not otherwise disposed of be equally divided between my Sary Tabitha and
my sister Sary Anderson share and share alike. Likewise I make constitute
and appoint Thomas E Brown Jr. to be my executor of this my last will and
testament hereby revoking all former wills by me made. In witness
whereof I have hereunto subscribed my name and affixed my seal, this Twenty
Seven day of May in the year of our Lord One Thousand Eight Hundred and
Sixty Two. Joseph Anderson (seal)
Witness: William I. Pearson, William Kelly, Thomas E. Brown Sr.
Copy of the Will of Sarah T. Anderson
Proven September Term 1867
Will Book II Page 36
And is in the words and figures following to wit:
In the Name of God Amen. I Sarah T. Anderson of the County of
Hawkins and State of Tennessee being of sound mind and memory and considering
the uncertainty of this frail and transitory life, do therefore make ordain
publish and declare this to be my last will and testament, That is to say:
First, after all my lawful debts are paid, the residue of my estate, real
and personal I give as follows, to wit: to my beloved sister Matilda
Hord one half, the other half equally divided between sister Nancy Eidson
and sister Polly Wyatt, likewise I make constitute and appoint Thomas E.
Brown executor of this my last will and testament, hereby revoking all
other wills by me made. In witness of the above I hereunto set my
hand and seal this 23rd May 1867.
Sarah Tabitha Anderson (Seal) Witness: I. C. Brown,
O. W. Brown
Copy of Last Will and Testament
of Polly Anderson, Deceased
Proven May 1866
Will Book II Page 53
Which is in the words and figures following to wit:
I Polly Anderson 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 executor. Secondly - I give
and bequeath to my son Ampuda Anderson my town lot in Rogersville one bed
and bedding one bureau and safe one clock and stove and all my cooking
utensils and also one cow and calf one wagon and fifteen head of hogs,
six chairs one dining table and small table and also fifty five dollars
due by Ted Netherland to be paid in corn in the fall 1866 and all my shelf
ware and all my farming utensils. Secondly - I will and bequeath
to my grandson Henry Johnson one special cow. Thirdly - I give and
bequeath to Lidda Nancy and Hannah one bed to be equally divided between
them three. Fourthly - I will and bequeath that my son Ampuda pay
to Lidda ___ ___ William S. Blevins and Walter Blevins twenty five dollars
each. Lastly - I do hereby nominate and appoint William Alvis my
executor in witness whereof I do to this my will set my hand and seal this
the 31st day of March 1866. Polly Anderson (x-her mark) (Seal)
Signed, sealed and published in our presence and we have subscribed
our names hereto in the presence of the testator this the 31st day of March
1866.
James S. Armstrong (Seal)
James N. Gouldy (Seal)
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Copy of Last Will and Testament of William Dodson, Deceased
In the Name of God, Amen. I William Dodson of the County of Hawkins and State of Tennessee being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and testament. That is to say, First - after all my lawful debts 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, Rebecca M. Dodson, the land and appurtenances known as the ___ farm lying in said County of Hawkins on the south of Holston River on Dodson Creek adjoining lands of Minis Edward ___ and John Couch, said to contain one hundred and fifty acres more or less to hand and to hold the same to her and her heirs forever. I also give and bequeath to my wife aforesaid all of my personal property consisting of household and kitchen furniture and stock of every kind also all debts and claims of every description. I hereby appoint my friend Dr. Owen M. Brown executor and my wife Rebecca M. Dodson executrix of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this Fifth day of March A. D. 1867. William Dodson (x-his mark) (seal)
Signed and sealed in presence of us: O. M. Brown, I. Perry ___
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Copy of Last Will and Testament of William Mays, Deceased
Will Book II Page 47
I William Mays of the County of Hawkins and State of Tennessee, being of sound mind and disposing memory do publish and ordain this my last will and testament, hereby revoking all former wills by me made and as to such worldly estate, is it hath pleased Almighty God to bless me with, I dispose of in the following manner, to wit: 1st - Whereas I have heretofore conveyed the trust of land that I now live on to my son Samuel Mays, and in that I have given him his entire interest in my estate, both real and personal and also have him bound for a decent and comfortable support for my beloved wife _roshia Mays consequently both Samuel and _roshia Mays is not further mentioned in this will. 2nd - I wish and direct that my daughter Rebecca Stubblefield live and remain on the tract of land she now lives on known at the McAnally farm, during life or widowhood to manage and use for ___ use and benefit, at her death or in the event she should marry, then and in that case the land to be sold as herein after directed with my landed estate. 3rd. I wish and direct that all my landed estate be sold by my executors on the premises I now live on,
4th - I wish that my personal property be sold on a credit of twelve months. 5th - My daughter Mary Miller, and my daughter Sary Rayl, my son Beverly Mays and my son Madison Mays each of them has had their proportional part. 6th - I will that my son Richard Mays have fifty dollars out of my monied estate as his part. 7th - I will that my grand daughter Viana Moore have fifty dollars out of my monied estate. 8th - I will that my daughter Elizabeth Moore, my daughter Rebecca Stubblefield, my daughter Cornilia McAnally and my son William Mays and my son Leander Mays have the residue of my estate, after all my just debts are paid and the necessary expenses are paid equally and this equally to be made by my day book as it shows what each one of them has had heretofore from me. 9th - I will further that portion of my estate that my son William Mays fall heir to by this will go to his son Pleasant Mays and Ado___ Mays and this portion of my estate be kept in the hands of my son Samuel Mays for their use can to be paid over to them at the discretion of my son Samuel Mays. 10th - Lastly I appoint Samuel Mays and Hughes W. Taylor my executors to execute this my last will and testament. In testimony of which I have hereunto set my hand and seal this 13th Jan 1867.
William Mays (x-his mark) (Seal) Signed and acknowledged in presence of
James Long, James W. Richards II
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Copy of Last Will and Testament of James Davis
Proven February Term 1868
Will Book II Page 48
In the Name of God, Amen. I James Davis of the County of Hawkins and
State of Tennessee blessed be God being in perfect and disposing mind and
memory do this 21st day of September in the year of our Lord One Thousand
and Eight Hundred and Sixty Six make this my last will and testament in
the manner following. First - I give and bequeath to my four sons
namely, Madison, Asa, John and George Wesley the tract of land upon which
I now live to have and to hold forever and to be equally divided between
them share and share alike and my said sons Madison, Asa, John and George
Wesley for and in consideration of which they are to pay four hundred dollars
to my other four children namely Nancy and her heirs, James, and Minerva
one hundred. James and his heirs Eliza Ruth, Tilda Ann, George Lafayette
and Amanda one hundred dollars. Larkin and his heirs, Henry, La___,
Mary James and Larkin one hundred dollars and Malinda and her heirs.
Second - It is my will and wish the share to be allotted to my son Asa
is to be laid off adjoining the lands of my said son Asa on the west of
my land and with a line parallel to his land. Third - It is my will
and wish that the share to be allotted to my son George Wesley is to be
laid off on the east end of my land in order to join the lands of my said
son George Wesley and to begin at a point where the spring branch crosses
my line that runs from the farm which my son George Wesley purchased from
Rial Johns thence down the branch to its junction with the creek thence
up or down said creek so that a straight line to the top of Copper Ridge
will include his compliment. Fourth - I give and bequeath to my grandson
Cornelius Davis my sorrel colt to have and to hold as his property.
Fifth - I give and bequeath the balance of my property to my sons and daughters
to be equally divided between the. In witness whereof I do this to
my last will and testament set my hand and seal the year and date above
written. James Davis (x-his mark) (Seal) Signed, sealed and
published in the presence of:
William Green, George W. Debord, Isaac Snider
(blank spaces indicate unreadable words or letters)
Copy of Will of Polly Harrison
Filed and proven 6th day of April 1868
Will Book II Page 49
I Polly Harrison of the County of Hawkins State of Tennessee knowing
the uncertainty of life and the certainty of death and being weak in body
but sound of mind and memory do hereby make and constitute the following
my last will and testament. Item 1st. My will and desire is that
at my death, my body may be decently buried In a plain manner and that
the expenses be paid out of any monies I have on hand. I also want
my just debts paid in like manner should I have any at my death.
Item 2nd. I will and bequeath to my three daughters, Elizabeth Armstrong,
Sallie Miller and Polly Parrish ten dollars each to be paid as herein after,
I having heretofore provided for them. Item 3rd. I will and
bequeath to my son Buram Harrison and his heirs the tract of land I now
live on it being the land I bought of P. Buram and his on the south of
Holston River joining A. Charles, A. S. Buram and others said to contain
96 acres, this I do because he has provided for me in my old age.
Item 4th. I will and bequeath to my daughter Seba Hammer on
account of her attention to me in my old age the just and full sum of four
hundred dollars, which sum is to be paid to her as hereafter provided.
Item 5th - I will and bequeath all the residue of my property to
my son Buram Harrison of all and every kind whatever land and except so
much as is claimed by my daughter Seba Hammer which I design her to have
with the further understanding that he the said Buram Harrison is to pay
the several bequests herein provided and that he pay to my said daughter
Seba Hammer the said four hundred dollars when she may call for the same,
it being what I design for her instead of a portion of the land and I do
hereby nominate and appoint my son Buram Harrison the Executor of this
my last will and testament. In testimony whereof I have hereunto
set my hand and seal this 12 day of September 1855. Polly Harrison
(x- her mark) (Seal)
Interlined with words: and his heirs before signed.
Signed sealed and delivered in presence of us date above:
Jacob Miller, W. B. Charles, C. A. Charles
The handwriting of Jacob Miller subscribing witness to the within will
which was proven by the oaths of Elias Beals and G. W. Wells, April 6th
1868
James Lackey, Clerk by Jo R. Armstrong Clerk
Copy of Will of James M. Bussell
Proven the 3rd day of June 1867
Will Book II Page 33
Proved by the oaths of James F. Miller and Rell Sensabaugh
I James M. Bussell of the County of Hawkins State of Tennessee being in a weak state of bodily health but claiming to be of sound mind and memory do hereby make and publish this my last will and testament revoking all other will by me made. 1st It is my request that my funeral expenses and all my just debts to be paid by my executor as soon after my death as possible then expenses to be paid out of my personal estate. 2nd - It is my desire that there be no public sale of my personal property but that my executor shall dispose of any of the same provided for the use herein provided. And I do hereby bequeath unto my wife and widow Amanda Bussell one horse and one mule, one ___ __ ___ and the other live stock I may die possessed of also all the furniture and beds and housekeeping article I may leave in the house or kitchen articles also my farming implements consisting of a wagon, ___ harness and mill half a corn mill with crusher and all the articles of husbandry I may have, also all the stock of bacon, grain and provisions for either man or beast on hand also all the growing crops now standing or that may be growing on my lands at the time of my death with any money or debts due me at my death to be hers absolutely but out of this property so bequeathed she my said wife and widow must pay off such liabilities as I here before named, and also keep together my children that shall be under twenty one years of age who I expect to give the uses, comforts and enjoyments of the same as they now have in my lifetime and if there should be any other articles of personal property that ought of right belong to my estate at the time of my death the same I intend to go to my said wife, subject to the incumbrance, and the bequest embracing all of my personal estate. I now proceed to dispose of my real property thus: 3rd - My tract of land lying on Holston River whereon I at this date reside adjoining the lands of James Miller and others containing one hundred and fifty acres according to the title papers be the same more or less together with all improvements and freehold attachments thereunto belonging I give and bequeath to my said wife and widow Amanda Bussell should she survive me, with these conditions restrictions and incumbrances to with: my said widow shall keep together my family of children until they shall all be twenty one years of age, board, cloth, and educate them so far and to such an extent as she can manage herself able to do, and then of age who may wish to stay at home I desire she shall let them do so, upon reasonable terms with this simple incumbrance just so long as she remains my widow. The land and houses to above named together with all she can raise in the way of crops, or that may grow apart same shall be her own rights and property, but in the event of her death then my land here bequeathed to my said wife is to be divided in equal value to my surviving children, but in the event of my said wife and widow should again marry and be no longer my widow, then she shall pay over to my son John S. Bussell five hundred dollars and to my son William R. Bussell five hundred dollars and to my daughter Sarah S. Bussell five hundred dollars and to my son Calvin P. Bussell five hundred dollars and to my daughter Mary Emily Bussell five hundred dollars and to my daughter Eliza C. Bussell five hundred dollars, and to my daughter Rachel R. Bussell five hundred dollars. These sums shall be paid to each child or surviving heir of each that may die, the living ones to take equal parts what the deceased was intitled to and in the event my wife shall marry it that should occur and with lawful rites after one year from the date of such marriage and in the event the sum of money was not all satisfactorily paid to any of them surviving as before mentioned then the bequest of my real property so made to my said wife and widow shall because of the nonpayment then of ___ as to her and in lieu of said sums of money - It is my desire. It is my desire that they or them living ones shall in equal value have absolutely all my said real property instead of my said widow and that she yield possession to my said children at once of every parts and all the for held property bequeathed as aforesaid, but in the event my said wife shall remain my widow during her natural life my widow and shall not again marry in that case she is to enjoy the bequest of my real estate bequeath aforesaid till her death and then after her death I desire all my surviving children aforementioned to have all of said tract of land to be distributed thus equally. And I wish it understood that the bequest of said land to my said wife is not absolute but rests on the contingencies I have named intending simply that she shall have the use of it together with my children upon the conditions I have named and that after her death the title in full shall invest in my said children then living. 4th - In regard to any property either real or personal or mixed that may descend to me at the death of my mother, from either her estate or my father’s estate either by will or otherwise, I desire my executor shall question my children then of age in regard to their wishes as to the sale of the same and if agreeable my executor is hereby authorized and empowered to sell the same and execute a deed to the purchaser, or my executor can hold the same in trust until a good price is obtained for said property the proceeds all said property shall be paid to my aforementioned children then surviving equally share and share alike. 5th - If I have failed to name any species of property belonging to the farm upon which I live, I intend my property to go to my said wife as stated in the first item. And all other property if I here failed to specify that of rights fall to me or belong to me, the same shall be used my executor for the benefits of my children equally or sold and divided in they think best. I do hereby nominate and appoint my beloved wife Amanda Bussell my said Executrix and carry out the provisions of this my last will and testament and it is my desire that she enter upon the duties of her office, without giving any security, but in case of her mismanagement at any time thereafter anyone of my children who are of age may upon proper notice rule her to security. In testimony of which I have this in presence of the subscribing witnesses hereunto set my hand and seal on this 4th day of April 1867. James M. Bussell (Seal) Signed and Sealed in our presence who being so requested by said James M. Bussell as witnesses:
James F. Miller, Rell Sensabaugh, John Mitchel
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Copy of Will of Alexander McCullough
Proven June 5, 1865: See Minutes 1865-1870 page 16
Will Book II Page 3
I Alexander McCullough do make this my last will and testament hereby
revoking and making void all other wills by me made. 1st.
I will that all my debts be paid as soon as possible after my death
____ of my money that I may die possessed or may first come to the
hands of my Executor. 2nd. I further will that my son James
McCullough is to have what ____ that he has which he claimed as his
_____ and what money he has and ___ rifle. _____ that all the rest
______ estate is to be equally divided between my beloved wife Eliza and
my daughter Emily McCullough including my lot and my house. The division
to be made when my daughter Emily arrives at the age of eighteen years
old. 3rd. And lastly, I do hereby nominate and appoint H. P.
McCullough and wife Eliza McCullough as my Executor & Executrix to
the same this 30th July 1864. Signed & acknowledged by Alexander
McCullough for this on the day and date above. Witness: James
H. Walker, William Shepherd.
(blank spaces indicate unreadable letters or words)
Copy of Will of Right Mullons (Mullins)
Will Book II Page 4
I Right Mullons being of sound mind do make and publish this as my will & testament of my personal property. First I want all my just debts paid. I do will to my oldest son Floar Mullons five dollars and I also will to my daughter Judah Wilson five dollars. My will is of all of the balance of the property is to belong to my wife Emily Mullons and my children by her, Jessee R. Mullons, Sarah E. Mullons, Mary J. Mullons, Nancy E. Mullons, John H. Mullons. I wish all other children to have equal shares I wish my wife Emily and my son Jessee to settle up my business and keep my property together as much as they well can. Given under my hand and seal this 25th of May 1860. Signed in the presence of us.
Attest: Pinson Tucker X, Thomas Ball X, Elijah Jones.
Right Mullons (X) his mark (seal)
Copy of Will of Martha Haygood
Will Book II Pages 4-5
In the Name of God Amen. I Martha Haygood of the County
of Hawkins, State of Tennessee do make & Hereby constitute this as
my last will & testament and I am at the time of sound mind & have
my reasoning powers good but of feeble body and ________. 1st.
I do hereby request that after my decease my remains be neatly buried and
my personal expenses to be paid out of my _____ and 2nd. I do make my husband
Stephen Haygood my sole heir to all of my property personal and real, especially
the tract of land I inherited of my Father, N. S. Larkins deceased, and
do further give my __ husband full power and right to sell and dispose
of the said tract of land as his own the title is here vested fully to
him to do what he may think best. Made this 27th day of July 1864.
Witness: Robert H. Owens (X), John Pressley (X), Thomas J. Amis
Martha Haygood X her mark
(blank spaces indicate unreadable letters or words)
Copy of Will of Jonathan Long
Will Book II Pages 5-6
I Jonathan Long 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 monies that I may die possessed of
or may first come into the hands of my executor. Secondly - I will
and bequeath unto my wife Lucy Long all real estate and all personal property
after the debts are paid so long as her natural life exists or she remains
my widow. Third - I will and bequeath unto my son John N. Long and
my son Hugh R. Long all the said real estate existing at my death if both
living and if one is not living which ever is living at the time of my
decease and at the death of my widow or at her marriage all the personal
property existing then shall belong to the said John N. Long and Hugh R.
Long by them paying one hundred Dollars equal to each lawful heir then
living viz: - Elizabeth, Nancy Margarett, David Clinton, Susannah Catharine,
Isabella and Orlena all those six children shall have the said hundred
Dollars each if living at the time of my death or marriage of my widow.
Fourthly - I want John K. Beckner and Edward Walker if living at my decease
or marriage of my widow (or either of them by choosing an additional friend)
to lay off equally according to valuation my real estate between the said
John N. Long and Hugh R. Long for so as to avoid all other contingent expenses
and Lastly, I do hereby nominate and appoint John N. Long my Executor.
In witness whereof I do to this my will set my hand and seal This 6th day
of Oct. 1855. Jonathan Long (seal)
Signed, seal and published in our presence and subscribed our name
hereto in the presence of the testator This 6th day of Oct. 1855.
John K. Beckner, J. D. Long, E. Walker
Copy of Will of John Armstrong
Will Book II Page 6
I John Armstrong of the County of Hawkins, State of Tennessee, being
of sound and disposing mind and memory and in perfect health but considering
the uncertainty of life and the certainty of death do make publish and
declare the following to be my last will and testament, hereby revoking
and making void all former wills by me made at any time heretofore.
First - It is my will and desire that my Executor hereinafter named
shall pay all my just debts and my funeral expenses out of the first monies
that may come into his hands. Secondly - To my will beloved son James
G. Armstrong I give and bequeath my two plantations adjoining each other
on one of which I now live and which contains ______ two hundred and twenty
two acres be the same more or less together with the tenements and _______
hereunto belonging or appertaining to him and his heirs forever.
I further give and bequeath to my said son James a good substantial riding
horse that may be on hand at the time of my death and also all my farming
utensils. Thirdly - To my well beloved daughter Priscilla Huntsman
wife of George W. Hunstman I give and bequeath all the lands to which I
have any claim or title that lies in Poor Valley in Hawkins County on both
sides of Poor Valley Creek and between the Stone and Clinch Mountains and
on which George W. Huntsman and my said daughter Priscilla now live with
the ______and appurtenances thereunto belonging. I also give and
bequeath to my said daughter Priscilla two hundred dollars to be paid her
by my Executor and of the proceeds of my property. Fourthly - To
my well beloved daughters Jane, Elizabeth, Sarah Ann and Minerva I give
and bequeath my negro man John and my negro woman Malinda and her two children
Jessee and Mary together with their increase and it is my will and desire
that so long as my four daughters shall live together and with my son James
on the Plantation where I now live that said negros above mentioned shall
be subject to _____ control in confirmation with my said daughters.
But if either of my said daughters should desire a division of said negros
above mentioned, it is my will and desire that they with their increase
shall be equally divided between them share and share alike so that they
may hold them in severalty. It is further my will and desire that
each of my four said daughters to wit: Jane, Elizabeth, Sarah Ann and Minerva
shall have a good substantial riding horse, cow and calf and of the stock
on hand and of equal value and if in the opinion of my Executor there should
not be on hand a good riding horse for each of them It is my will and desire
that my said Executor shall purchase or may be necessary so that each of
them may be furnished with a good substantial riding horse as above set
forth. It is further my will and desire that my said four daughters
shall each have a good cow and calf or the value thereof as above stated.
Fifthly - It is my will and desire that all my household and kitchen furniture
shall be equally divided between my son and James and my four daughters
Jane, Elizabeth, Sarah Ann and Minerva share and share alike and that all
the remainder of my estate not heretofore disposed of shall be reduced
to cash by my Executor and that the same together with any money not
otherwise disposed of shall be equally divided between all my children
share and share alike. Lastly - I do hereby nominate and appoint
my ____ George R. Powel, son James my Executors of this my last will and
testament this 8th day of February 1856. John Armstrong (seal)
Signed, sealed and acknowledge in the presence of us on date mentioned.
James N. Goulds. John J. Hayter, Robert A. Houndshell.
(blank spaces indicate unreadable letters or words)
Copy of Will of James Francisco
Proven 27 August 1865 Circuit Court Minutes 2-417
Will Book II Page 9
I James Francisco of Hawkins County and State of Tennessee viewing the uncertainty of life and the certainty of death wishing to dispose of my estate both real and personal in the manner that seems right and just do make this my last will and testament in willingly revoking all wills by me made before this date. First - My wish and desire is that all my just debts be speedily paid with my burying expenses. Secondly - I give to my daughter Phebe Adaline Vaughn, formerly P. A. Francisco a tract of land including the house and other buildings on said land lot No. 1 which will show by the platt herein inclosed - the divising lines between Phebe and my son Jackson W. Francisco. Beginning on the south side of Stage Road on the southwest corner of Elizabeth Vaughn’s lot of 6 acres then with the dividing line after two lots Phebe ___ and Elizabeth Vaughn’s N23 W18 poles to a stake in the middle of the great ___ corner of the two lots then resuming with the pathway to the ___ of the spring N23 !18 poles to a stake in the middle of said passway. Then west two poles to stake then N24 W14 poles to a stake opposite or nearly so to the spring then north 35 W170 poles passing through the fields to a black oak and hickory an a ridge about 2 poles west of the northwest corner of the hill field then W6 poles to 3 white oaks on the top of a ridge then N36 W26 poles to a white oak on a ___ point then N37 E15 poles to a large spanish oak on the side of a small ridge then N2 ½ W50 poles to two white oaks on Burris’s line which line passes through a ;pond on the top of the ridge which lines of the divisions Phebe A. and Jack W. I give all my land on the north side of the stage road from the east of said division lines to P. A. Vaughn and her heirs containing one hundred eighty acres be the same more of less also I give Phebe A. my daughter all of my household and kitchen furniture with my weaving loom except my cooking stove my beds and steads clocks cubboard and bureaus with all that is in my house and kitchen furniture and charge her seventy five dollars for the same—also she is to have a horse or fifty dollars that as she never had advanced to her when married she shall be charged advanced said property to the value of fifty dollars in the settlement of my estate that she ___ when married. Thirdly - I give my son Jackson W. Francisco his heirs all my land west of division lines which more fully show by the platt herein inclosed including the house where Jerry Cloud now lives on the south of the road. The house where Sue Krieg lives and the cold comfort house containing two hundred and seventy acres be the same more or less and charge them with the money for property advancements to them say five hundred dollars. All of the above land and negros shall be valued by the following: Masseurs. Robert Cooper, Nathaniel Wells, Eldridge Hord, Joshua Phipps, Robert Netherland, Phillip Critz - and if any of the within named men should die or leave the country any two of them shall be sufficient and their valuation shall be final. The lands to be valued and negros at cash valuation. The land and production of each lot shall be valued and deductions made on each lot of four hundred dollars on account of their Mother is attached to said lots as they have devoted their Mother’s land to take effect at my death which I have included in their deeds in this will. I got two negroes by Jack and Adaline’s mother worth saying four hundred dollars each. After paying them each four hundred dollars my wish is for my executors to divide my estate among my three children agreeable to the valuation of the property and negroes, debts and what money if I have any on hand, the balance of my property and land shall be sold by my executors and the money divided equally among my three children shall and share alike. I hereby empower my executors here after named to sell ___ shares I have in a tract of land in VA in Scott County to four hundred acres which be the same more or less which is a fourth of ___ tract of land including the calibeath spring which is undivided if I do not sell the same before I die and make a special warranted deed of conveyance to the same either at public sale or private sale the same to be equally divided as heretofore. My will is that if I have crops commenced that my family and stock shall be permitted to remain on the premises until the crops is all gathered that my son Jackson shall see that nothing shall be destroyed no more than can be helped. The family shall remain as I was living until said crop shall be gathered and may be divided equally among my children thru a sale of the same and any property that I have not specially willed may be divided by my children as they so wish and can agree to the same without a sale. My daughter P. A. Vaughn and her children she being an unfortunate person. I hereby agree that her and her children shall not be charged anything by my executors or by Jackson or Wm. B. Francisco for my raising, educating and keeping them or what money I have paid for their benefit as she ___ ___ us to ___ and no charges to be made by either of us as my son Wm. B. has received the estate that came by the Burris’ family I think it right and just that P. A. and Jackson shall have in value what their mother had at the time of our marriage. I hereby appoint Robert Cooper and my son Jackson my executors of this my last will and testament. In writing my wish is that after my defraying all necessary expenses and pay for ___ services that they mad divide my estate equally among my three children equally to my directions herein set forth that they keep a valuation of the land and negroes - return the same to court so that there may be a record of the same a account of value of my other property and take a receipt from each child what they have received. I will injoin it in the same of my executors at my death to take an inventory of my property that is not specially willed - the same returned to court . In figuring this my last will and testament I have been influenced only by what I consider what is right and just. I wish my children to act like brothers and sisters. The friendly testimony whereof I set my hand and affix my seal Dec 27 1855. James Francisco (seal) Signed and acknowledged before us: Asa Hopkins, Joseph W. Clark, Charles _ Burdick, Jeremiah Cloud (x) his mark, Matthew Marcus Lynch, John P. Hamilton
(blank spaces indicate unreadable words or letters)
Copy of Will of Allen Carter
Will Book II Page 13
I Allen Carter of the County of Hawkins and State of Tennessee do make
and publish this my last will and testament hereby revoking and making
void all former wills by me made and first I direct that my body be decently
buried in a manner suitable to my condition in life and as to such worldly
estate as it has pleased God to intrust me with I dispose of as follows
- first I direct that all my debts and funeral expenses be paid as soon
after my death as possible out of any moneys that I may dye possessed of.
Second I will and bequeath to my wife blank space and my children all my
lands and stocks of all description, household furniture of all kinds.
My wife is to have the above bequeath her lifetime or as long as she remains
my widow whenever my wife blank space seases to be my widow then my estate
is to be equally divided among my children in witness whereof, I Allen
Carter hereunto set my hand and seal on the 29 day of July 1863.
Allen Carter (x) his mark (seal) Attest: A. L. Johnson,
Stephen Darter, David Hickman
Copy of Will of John Armstrong
Will Book II Page 13
I John Armstrong 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
heretofore. 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.
Second I give and bequeath to my daughter Darky Jane Murry five dollars
for which I have previously heretofore provided for. Thirdly I give
and bequeath to my daughter Mary Harris thirty dollars for which I have
previously heretofore provided for. Fourth I gave and bequeath to
my son James Armstrong or his heirs one dollar for which I have previously
heretofore provided for. Fifth I will and bequeath to the heirs of
my daughter Milley ___ eighty dollars for which I have previously heretofore
provided for. Sixth I give and bequeath to my daughter Tabitha Staples
eighty five dollars for which I have previously provided for. Seventh
I give and bequeath to my daughter Eliza Armstrong a bedstead and furniture
and eighty five dollars in cash. Eighth I give and bequeath to daughter
Susanah Armstrong one bedstead and furniture and eight five dollars in
cash. Ninth I give and bequeath to my son Wiley Armstong fifty acres
of my land estate off of the upper end of my land including my dwelling
house and out houses and one bedstead and furniture. Tenth I give
and bequeath to my son John Armstrong fifty acres of my land estate lying
next to the part that I gave my son Wiley and one bedstead and furniture.
Eleventh I give and bequeath to my son Clinton Armstrong the remainder
of my land if any there be. Twelfth I will and bequeath that
my slave Sida shall be sold together with my other personal property.
Lastly I do hereby nominate and appoint Thomas A. Long my executor in witness
whereof I do to this my last will set my hand and seal this 23 day of February
1861. John Armstong (seal) Signed, sealed and published in our presence
and we have subscribed our names hereto in the presence of the testator
February 22, 1861 - David Lyons Jr., Thomas A. Long
(typist’s note: Please note testator signed date appears as 23
February 1861 and witnessed on 22 February 1861 - probably mistake by original
transcribist)
(blank spaces indicate unreadable words or letters)
Copy of Will of Christian Pearson
Proven 1 January 1866 - (County Court Minutes 2 page 113)
Will Book II Page 15
I Christian Pearson of the County of Hawkins and the State of Tennessee
do make this my last will and testament hereby revoking all wills by me
heretofore made. First - I hereby give and bequeath to my daughter Nancy
Bloomer the wife of Isaac Bloomer a certain tract of land lying is said
county and bounded as follows, Viz: Beginning on a beech on a branch
thence north fifty west seven and a half poles to two ash trees thence
north thirty two and half fifty six poles to two small locusts thence north
fifty five and a half east seventeen poles to a locust thence north thirty
west one hundred and sixty eight poles to two white oaks and red oak corner
of a fifty acre grant thence north twenty poles to a poplar and chestnut
on another corner of another fifty acre grant on the top of Copper Ridge
thence north forty five east eighty one poles to a stake thence south twenty
six east seventy six poles to a stake on a poplar a corner to my old grant
thence north the line of said Bloomer to a stake on the line of John Starnes
thence to the beginning… to have and to hold the said land unto the said
Nancy Bloomer and her heirs forever. I also give unto the said Nancy
two servants to wit: Mary and Margaret and whatever increase they
may have at my death to her and her heirs forever. I also give to
the said Nancy two beds of feathers. Second - I hereby give and bequeath
unto my daughter Elizabeth Starnes wife of John Starnes a certain tract
of land in said county bounded as follows: beginning on a beech and
poplar corner of my old grant thence running with my old line thirty one
poles to two buckeye and black walnuts in said line thence north sixty
east sixty six poles to a red sowerwood and locusts thence north fifty
four and a half east twenty three poles to beckeye and pawpaw thence north
forty eight and a half west twenty one and three fourth poles to two beaches
thence north fifty six and a half east eighty eight poles to two ash trees
on a branch thence south fifty east seven and a half poles to a beech on
my old line and the line of John Starnes thence south forty five west to
the beginning to have and to hold the same tract of land unto the said
Elizabeth Starnes and her heirs forever. I also give to the said
Elizabeth one negro girls named Harritt and whatever increase she may have
at my death to her and heirs forever and also two feather beds. Third
- I give and bequeath unto my son William I. Pearson the following lands
lying in said county Viz: all that is left of my old grant after
taking what is given in the preceding part of this will to the said Nancy
Bloomer and Elizabeth Starnes also one other tract of fifty acres which
I hold by a grant from the State of Tennessee dated 27th day of September
1835. I also give unto my said son the balance that is left of another
grant for fifty acres to me from the said State after taking out what is
given in the preceding part of this will by my said daughter Nancy the
said grant is also dated the 27th day of September 1835. I also give
to my said son the following slaves to wit: Sindy, Miney, Scotty
and her child Angeline and whatever increase they may have at my death.
I also give to my said son all the horse beasts on my farm or belonging
to me except a bay filley and sorrel filley and two jacks which I
give to my son with three jennets. The oldest colt owned by me of
the old jennet and her two colts I also give to my said son all the
cattle that I now own or may own at my death all the hogs owned at my death
and all the sheep on hand at the time of my death also my stills tubs and
all my household and kitchen furniture except the two beds before mentioned
for my daughters. I also give my said son my loom, wagons and all
my gearing and farming utensils of every kind and description. I
also give to my said son whatever grain and ___ that may be on hand at
the time of my death together with my blacksmith tools. I also give
to my said son one negro boy named Ike for whom the said William I. Pearson
now has a Bill of Sale. I also give to my said son all my monies
and notes or obligations and all claims of every kind that may belong to
me at the time of my death. Fourth - I hereby give and bequeath unto
my grandson William Bloomer a tract of land in said county containing eighty
acres which was granted to me by the State of Tennessee by Grant No. 24.450
dated 27th October 1837. Fifth - I hereby give and bequeath unto
my son William I. Pearson a certain tract of land owned by me in the said
County of Hawkins which land he is to have and to hold during his natural
life and my will is that my servant Howard live and stay with my said son
and that he be kindly treated and that he remain under the care and control
of my said son as long as my said son lives and that the said servant Howard
may select someone of my relations to live with and the lands last mentioned
as given to my said son shall go to the person so selected by my said servant
Howard the said tract of land contains about one hundred and twenty five
acres joining the lands of Ezekiel Anderson, ___ Anderson, Noah P. Anderson
and John Starnes. Sixth - I hereby give to my son in law John Starnes
one sorrel filly now owned by me. Seventh - The tract of land owned
by me in Poor Valley containing about five hundred acres I will that it
be sold and divided as my three children may choose if they choose to sell
it then the sale is to be on a credit of twelve months and the proceeds
of the sale to be equally divided between my said children and if they
choose to divide it with each one is to have an equal share in ____ of
the said land. Eighth - My will is that my beloved wife Susan be
comfortably and decently supported and provided for by my said son William
I Pearson during the life of my said wife and I have made the share of
my said son in my estate larger on that account and for the further reason
that my said son has always lived with me and his mother and has assisted
in making much of the property now owned by me. Ninth - I hereby
nominate and make my said son William I. Pearson executor of this my last
will and testament. In testimony whereof I have subscribed my name
and set my seal this 4th day of November 1856 Christian Pearson (x)
his mark Interlined before signed. Signed and sealed and published
by the testator in our presence and acknowledged by him. John Netherland,
W. C. Kyle
(blank spaces indicate unreadable words or letters)
Copy of Will of James McClure
Will Book II
In the Name of God Amen. I James McClure of the County of Hawkins
and State of Tennessee do make publish and declare this to be my last will
and testament hereby revoking and making void all other wills at any time
heretofore made by me. First - I give and bequeath to my wife Susannah
the farm on which I now reside in the County and State aforesaid on the
road between two and three miles west of Rogersville (except that portion
of the same herein after given to my daughter Margaret White) together
with all my household and kitchen furniture all my farming utensils grain
provisions and stock of every ___ including all my personal property and
effects of every kind during her natural life and ___ ___ said property
is to desend to my four daughters viz: Nancy Jane, Mary Ann, Virginia
and Martha.
Second - I have heretofore given to my daughter Elizabeth Doak what
I consider a full share of my property I therefore give and bequeath to
the said Elizabeth Doak one dollar. Thirdly - I give and bequeath
to my daughter Margaret White a part of the farm on which I now reside
beginning at a point on the line between J. H. Vance and my self about
on said northeast of the spring house and running thence westwardly to
the corner of a small orchard lot thence southwardly with the present fence
to the road so as to include the stabel thence crossing the road near a
small house and with the ___ lot fence to the southeast corner of said
lot thence a short line eastwardly to said Vance’s line and with said line
northwardly to the beginning including the tanyard stabel small house on
the south side of the read end of the mansion house in which her husband
James White now resides. Fourthly - I give and bequeath to my son
Mitchell McClure the farm on which he now resides known as the George ___
farm supposed to contain one hundred and eighty two acres and lying about
four miles west of Rogersville on the main road and I require the said
Mitchell McClure to pay one half of my debts which is charged on this bequest.
Fifthly - I give and bequeath to my son Montgomery McClure the tract of
land now in his possession lying about eight miles west of Rogersville
on the main road it being the same tract of land conveyed to me by George
Beets to which reference is made for corners and distances and quantity
and I require the said Montgomery McClure to pay one half of my debts with
which this bequest is charged. Lastly - I do hereby nominate and
appoint my wife Susannah Executrix of this my will without requiring her
to give bond or qualifying. In testimony whereof I have hereto set
my hand and affixed my seal this 7th day of June 1865. James McClure
(seal) Signed, sealed and acknowledged by the same James McClure
in our presence and we have witnessed the same at his request on the day
and year above written - Witnesses: Michael O. Neill, J. H. Vance
(blank spaces or lines indicate unreadable words or letters)
Copy of Last Will and Testament of John Phillips, Deceased
State of Tennessee - Hawkins County
Civil District #1 of said County
Will Book II
Dated 22 March 1866
I, John Phillips of said County and Civil District of aforesaid being of sound mind and memory but feeble in body and by the Grace of God do hereby make and publish by these presents my last will and testament to wit: My will is that my daughter Susannah Phillips to have one bed and bedstead and feather bed, that she made her self, and one milch cow, to have one falling leaf table and one cupboard and table ware, to wit: One set knives and forks, one set tea cups and saucers, one set of table plates, and two dishes, one bureau so as to make her equal with the balance of my children, of what they have already had. Second - My will is that Mary Jane Phillips my granddaughter, George Phillips daughter to have one bed and bedstead and to have one ladies saddle and also to have one heifer which she now claims. Third - My will is that my son George Phillips is to pay to my estate two hundred dollars to come out of his share of said estate for which I hold a note against him for the same for my part of the mills and the lands appertaining thereto. Fourth - My will is that all my just debts and funeral expenses be paid out of the proceeds of my estate. Fifth - My will is that my executors or administrators as the case may be, shall sell all my personal property at public sale as usually done on such occasions which is not willed away in this will. And that they sell all my lands that I am seized and possessed of on a twelve month’s credit and be secured as the law directs. Sixth - My will is that my executors or administrators as the case may be is to divide all the proceeds of my estate both real and personal which is made sale of to be divided equal among my several children to wit: George Phillips, Susannah Phillips, John W. Phillips, Mary Harris, William Phillips heirs, Martin Phillips, Isaac Phillips, Margaret Ann Beckner wife of Perry Beckner. Seventh - My will is George Phillips and Perry Beckner be my executors to have full power as heretofore explained is as full and complete a manner as I have myself. Whereof I do set my hand and seal this 22nd day of March 1866.
John Phillips (X - his mark) (Seal)
In presence of us: Nicholas Becker, Andrew Hill
State of Tennessee - Hawkins County - I John Phillips of said County being of sound mind and memory and by the Grace of God do hereby make an alteration in my last will and testament made March 22, 1866 to wit: I make such alteration as hereafter mentioned. My will is that my daughter Susan Phillips have one hundred acres of my land whereon I now live including all buildings all to be laid off at the directions of my executors at the end of my plantation so as to make the hundred acres so as not to have any scraps of land left at the end of the place so to have and to hold the same free of charge to make a decent support so long as she may live should she outlive me, and the balance to be sold as directed in the first part of the foregoing will made March 22, 1866. And after her death the hundred acres of land to be sold by my executors or administrators as the case may be. But should I be the longest liver then all to be sold as mentioned in the part of this will made March 22, 1866. 2nd. - My will is that Susan Phillips have all my kitchen furniture so long as she may live including one cooking stove and utensils and kitchen cupboards and utensils and one small table and one looking glass and one clock and after her death, to be sold as heretofore mentioned nothing herein contained to be so construed as the effect anything in the first will only as above mentioned. Given under my hand and seal this 25th day of February 1867. John Phillips (X-his mark) (seal)
Test: Nicholas Beckner, Andrew Hill
The Last Will and Testament of John Gilliam
Will Book II Page 118
The Last Will and Testament of John Gilliam, deceased,
filed and proven the 2nd day of June 1873. I John Gilliam of
the County of Hawkins, State of Tennessee, being of sound and disposing
mind and of good memory, being somewhat advanced in years and considering
the uncertainty of life and the certainty of death to all, do make and
constitute this to be my last will and testament hereby revoking all others
by me heretofore at anytime made. First - It is my will and desire
that my funeral expenses and all my just debts, which I may owe at my death
shall be paid out of the money or monies on hand or which shall come into
the hands of my executor or executors. Secondly - To my son John
A. Gilliam, I give and bequeath the following described tract of land upon
the following conditions hereinafter mentioned - Beginning at the Fisher’s
Creek Church and running up the branch known as the William H. Johnson
branch to the John A. Gilliam stable thus leaving the said branch running
nearly a due east course to a conditional line between my land and Cornelius
Gross land then along said conditional to a corner designated as the Stephen
Johnson corner, thence 20 poles with the Johnson line to a stake on said
line then one hundred and odd poles down Chesnut Ridge on the south side
of Fisher’s Creek thence down said creek to the beginning at the aforesaid
Church, being the parcel of land whereon the said John A. Gilliam now lives
- Thirdly - To my son Benjamin C. Gilliam I give and bequeath the following
described parcel of land, subject to the conditions being after mentioned,
beginning on the bank of the creek near the house wherein Jack Clifton
now lives , thence up Fishers Creek to the aforesaid church or meeting
house, thence up the W. H. Johnson branch to the aforesaid John A. Gilliam
stable, thence along the John A. Gilliam line hereinbefore mentioned to
the said conditional line between me and Gross - thence running across
the valley a southerly course to top of the knob or ridge back of my place
between me and Gross thence along the top of the ridge or knob calling
for T B Johnson line to the beginning being the parcel of land whereon
I now live and containing the principle improvements on my land in the
way of livery stables, barns etc. Fourthly - Beginning on the back
of Fisher’s Creek near Jack Clifton’s house, I give and bequeath the following
parcel of land to my daughter Susan Gilliam, thence with said creek up
to the Wooten branch thence up the said Wooten branch to the old Wooten
house thence leaving Wooten branch a straight course nearly due south to
the upper corner of Wooten tract at the top of a ridge, thus with the line
of the Wooten tract and the ___ tract to a bush corner marked J. G. thence
with lines of a 20 acre entry containing the said twenty acres to a stake
on William Lane’s line, thence to buckeye corner a line then running round
with my line to the beginning of said lot on Fisher Creek bank subject
to the conditions hereinafter mentioned. Item Fifthly - To James
Gilliam I give and bequeath subject to the stipulations hereinafter mentioned
the following described lot or parcel of land to wit. Beginning at the
mouth of the Wooten Branch thence up Fisher Creek to my back line (on this
side) not far from S___ Creech house, thence along said back line up the
point of Chesnut ridge, an easterly course to a corner called ___ as the
Rutledge corner, thence with the line of the Rutledge entry 20 or 25 poles
to a stake on B___ Ross line thence with said Ross line around to the Wooten
Branch, thence with said branch to its mouth the beginning of said lot
or parcel. Sixthly - To my son William Gilliam, in addition to what
he has already received by gift from me. I give two notes which I have
on him, one for one hundred dollars dated on ___ 1858 and the other given
in ___ 1858 and the only notes I have against him. Seventhly - To
my grand daughter Mary Katharine Fletcher, daughter of my daughter, Nancy
Ann (who is dead), I give and bequeath the sum of one dollar to be paid
by my executors out of my estate after my death, this being the amount
I desire for the said Mary Katharine, in addition to what I gave her Mother.
Eighthly - To my grand son Isaac S. G. Johnson, son of my daughter, Sally
(who is dead) I give and bequeath the sum of one dollar to be paid by my
executors out of my estate after my death this being the amount this being
the amount I desire for the said Isaac S. G. Johnson, in addition to what
I gave his Mother. Ninthly - To my son James Gilliam in addition
to what he has already received, I give the sum of two hundred dollars
to paid out of my estate after my death. Tenthly - To my son Hincheu
Gilliam in addition to what he has already received, I give the sum of
one hundred twenty five dollars to be paid out of my estate after my death.
Item 11 - To my son Samuel Gilliam in addition to what he has already received,
I give and bequeath the sum of one hundred twenty five dollars to be paid
after my death. Item 12 - I hold two promissory notes on my son John
A. Gilliam for the sum of two (250) two hundred and fifty dollars each
are due at six and the other at twelve months which if not paid off by
the said John A. Gilliam before my death I desire to be collected off him
and to be appropriated in the discharge of my debts first and then in the
payments of the different legacies bequeathed by me in this last will and
testament. Item - I hold two promissory notes on my son Benjamin C. Gilliam
for the sum of two (200) hundred dollars each are due at six and
the other at twelve months which if not paid off by him the said Benjamin
C. Gilliam before my deaths, I desire to be collected off him to be discharged
in the payment first of my debts and then in the discharge of the different
legacies bequeathed in this testament. Item - It is my will and desire
that the lot or parcel of land bequeathed to my daughter Susan shall have
the use of the timber off twenty five acres from the lower or west end
of the lot bequeathed to my said son Benjamin C. Item - It is my
will and desire that the lot of land given to my said son Benjamin C. shall
support my beloved wife Mary should she survive me, also that she shall
have the control of the dwelling house, the stable, barns, and all the
other out houses or so much room in the outer buildings including the stables
as my be sufficient for the use and convenience of stabling all the stock
she may keep for her allotted use and necessities for housing, cribbing
all the roughage and grain she may raise or have raised on the farm, should
she and the said Benjamin C. at any time disagree it is my will and desire
that my said wife Mary shall have all the household and kitchen furniture
and where so ever permitting the Statute laws of the State of Tennessee
shall allow her at the time of my death for her decent and comfortable
support maintenance. This bequest to be outside of the notes and
other evidences of debt that I may die seized and possessed of. It
is my desire furthermore that should my said wife Mary choose to live with
any of my other children away from the homestead thence she shall have
a support during her natural life and of the profits coming from the parcel
of land bequeathed to Benjamin Gilliam has in this will, she shall not
have the management or control of any part of the said lot of land or of
the house or any of the out buildings thereon. Item - The lot I have
bequeathed to my daughter Susan Gilliam, I hereby tax with the sum of two
hundred dollars which if not paid by her the said Susan to me before my
death and receipted for by me shall be collected by my executors off her
and the said land is bound for the payment of the said two hundred dollars.
Item - James Gilliam in view of the bequest in Item Fifthly is taxed four
hundred dollars to be paid to my executors if not paid before my death
and receipted for by me and the said land is here bound for the said sum.
Item - I hold the lots of my two sons John A. and Benjamin C. bound for
the same taxes therein and for which they have this day executed to me
this promissory note, each of them executing a note payable at six months
and each of them executing a note payable at twelve months both of John’s
being for the sum of two hundred and fifty dollars, the two making five
hundred and drawing interest from the time of them falling due respectively
both of Benjamin Cs notes are for the sum of two hundred dollars making
a four hundred dollars, each drawing interest from the time of them falling
due. Item - I hereby constitute and appoint my two sons, James and
Hincheu Gilliam the executors of this my last will and testament.
Item - It is my will and desire and I so bequeath that after paying off
my funeral expenses and discharging all my just debts and liquidating the
bequests hereinbefore mentioned I want all my effects to be divided
equally between my children now to be designated, to wit: James Gilliam,
Hincheu Gilliam, Samuel Gilliam, John A. Gilliam, Benjamin C. Gilliam and
Susan Gilliam (erasures before signing).
In testimony whereof I set my hand and seal this third day of August,
in the Year of our Lord One Thousand Eight Hundred and Sixty Nine (1869
AD) in the presence of the subscribing witnesses. John
Gilliam (Seal)
Attest: Stephen Creech, Thomas W. Bradshaw, W. H. Watterson
Copy of the Last Will and Testament of William
Crew
Will Book II Page 37
Copy of the Last Will and Testament of William Crew, Deceased, which
was proven Sept. Term 1867 - In the name of God, Amen, I William Crew a
citizen of the County of Hawkins State of Tennessee being of sound and
disposing mind and memory, for which I am thankful to Almighty God, do
hereby make and publish this my last will and testament revoking and annulling
all others wills which may have heretofore at any time been made by me.
First - I will and bequeath that my Executors hereinafter to be named as
soon after my death as convenient and as convenient with a due respect
to the time which may elapse shall expend at public sale in manner and
form as provided by the statutes laws of Tennessee is case of administration
for cash in hand or on a credit with good and approved viewing as in the
judgment of my said executors will be most conducive to the interest of
my said estate, all and every the personal property belonging to my said
estate at the time of my decease excepting so much and such of my personal
property as may by law be exempt in the hands of my wife as my widow in
the event she shall survive me for her benefit and that out of the first
moneys or effects belonging to my said estate coming into the hands of
my said executors, I desire my funeral expenses and all my just debts to
be paid said funeral expenses to be paid first.
Second - I will and bequeath to each of my three daughters in Texas,
viz: Mary A. Ward, Nancy Ripley and Sarah Horton and each to their
separate use and benefit, the sum of twelve hundred dollars that is the
say twelve hundred dollars to my said daughter Mary A. Ward and twelve
hundred dollars to my said daughter Nancy Ripley, and twelve hundred dollars
to my said daughter Sarah Horton, each to their separate use and benefit
as aforesaid free from any claim whatsoever that may be set upon rights
of their respective husbands, said twelve hundred dollars to the same Mary,
Nancy and Sarah as aforesaid is designed to make them equal with the balance
of my children to whom instead of money, I have given interests in my lands
in Hawkins County, Tennessee. Third - I will and bequeath to my son
William H. Crew, my “Home Place” laying in Hawkins County, Tennessee being
that portion of the tract of land lying west of a line running from Carter
Valley Road at a point on said road about one half mile east of my present
residence to the back boundary line of said tract, and included in the
boundaries of a grant issued by one Henry Lee Governor of Virginia to Jacob
Wills dated August 17, 1792 and being the dame tract of land upon which
the dwelling house in which I now reside is situated and containing one
hundred and sixty acres be the same more of less. I furthermore will
and bequeath to my son William H. Crew an additional tract of land adjoining
the tract abovementioned lying in said County of Hawkins State of Tennessee
and bounded as follows to wit; beginning at two chestnut oaks and a hickory,
at the conditional corner between John Wills and myself; thence with Wills
line north 81 degrees east, 125 poles to a white (missing word ?) on the
bank of the North Fork river, Wills corner, thence up the river bank north
26 degrees west, 34 poles to a clack oak and ending on the river bank on
the Virginia line, then south 86 degrees west 110 poles to a stake on David
Wills line near the top of a high ridge thence south forty poles to the
beginning being the same tract of land contained in a grant from the State
of Tennessee to William Crew Sr. dated to 7th day of February 1848, containing
27 acres be the same more or less. I furthermore will and bequeath
to my said son, William H. Crew an additional tract of said land lying
in Hawkins County, Tennessee and bounded as follows to wit: beginning at
a black oak, white oak and black walnut Crews old corner on the north side
of Carter Valley road and on M Minus line; thence with the same north 73
degrees 200 poles to a stake on said line thence 17 degrees west 20 poles
to a stake on the top of a knob, thence with the ___ south 74 degrees west
25.3 poles to a stake on the top of a knob thence down south 23 degrees
west 36 poles to the beginning being the same tract of land included in
the boundary described in a grant from the State of Tennessee to William
Crew dated 6th day of November 1837 and containing forty acres be the same
more or less. I do furthermore will and bequeath to my said son William
H. Crew an additional tract of land lying in Hawkins county, Tennessee
on the south side first mentioned tract adjoining the same, and the lands
of John Bellamy, David Sensabaugh and Widow Click containing about 37 acres
by the same ore or less and being the same included in the boundaries of
a deed from Thomas Bradshaw to me which said four tracts of land abovementioned,
I will and bequeath as aforesaid to my said son William H. Crew in fee
simple and as part and parcel of this provision in order that my precious
wife, Sarah may be comfortable provided for, during her natural life providing
she shall survive me. I further will and bequeath that my said son
William H. Crew in the event of said wife Sarah shall survive me shall
permit my said wife Sarah to occupy the house in which I now reside along
with himself and that he to provide for her in food, clothing, medical
attention as will be necessary for her comfort or if my said wife Sarah
shall prefer it, that she have dowry assigned her from said “Home Place”
abovementioned to consist of one third thereof including the dwelling house,
outhouse to hold during her natural life and at the death, her dais dower
interest abovementioned to revert to my said son William H. Crew in fee
simple and if my said wife Sarah shall prefer the assignment of dower as
aforesaid to the support which my said son William H. Crew is required
herein to give her in that event she shall further have such portion of
my personal estate as she as my widow shall by law be entitled. Fourth
- I will and bequeath to my daughter Elizabeth Francisco and her husband
Jackson Francisco for the separate use of my said daughter Elizabeth Francisco
the following tract or boundary of land lying in Hawkins County, Tennessee
and being a part of the tract known as the “Upper Place” and adjoining
the north side of the tract of land on which the said Jackson Francisco
now resides and bounded as follows to wit: beginning at a white oak on
Kinkead’s line at the edge of the Carters Valley Road; thence south 17
degrees east 174 poles to a stake in the middle of a gap near two poplar
saplings marked as pointers thence through the gap due east 68 poles to
two black oaks on the south side of a ridge; thence due south 34 poles
to a stake on the back line; thence north 73 degrees east 63 poles to a
chuqupin oak; thence due north 102 poles to a white corner of Bellamy’s
peach orchard on line running between John Bellamy and myself; thence with
said Bellamy’s line around the mouth of a ___ to a stake; thence with said
Bellamy’s line to a red oak and ___ to a rock, thence north 39 degrees
west 32 poles to a stake in the Carters Valley Road thence 58 degrees west
44 poles to a stake in the road on the top of a hill thence north 87 degrees
west 46 poles to a ___ Kinkeads corner, then south 60 degrees west 38 poles
to the beginning and containing by estimation 147 acres. Fifth -
I will and bequeath to my daughter Lucinda Crew in fee simple for her own
separate use and benefit the following tract of land lying in said County
of Hawkins and State of Tennessee, being the residue of the tract of land
known as the “Upper Place” after taking off the parcel hereinbefore given
to Elizabeth Francisco and her husband Jackson Francisco, and bounded as
follow to wit: beginning at a white oak on Kinkeads line at
the edge of the Carters Valley Road thence south 17 degrees east 174 poles
to a stake in the middle of a gap near two poplar saplings marked as pointers;
thence through the gap due east 68 poles to two black oaks on the south
side of a ridge; thence due south 34 poles to a stake on the back line;
thence south 75 degrees west 197 poles to a stake on the line of an old
tract; thence Kinkeads line north 21 degrees west 193 poles to a white
oak on a dwelling corner between David Kinkead and myself; thence north
60 degrees east 14 poles to the beginning containing two hundred and ten
acres. Sixth - I furthermore will and bequeath that as much as the
parcels of land herein given to my son William H Crew are more valuable
than the parcel of land herein given to my daughter Lucinda Crew and in
as much as the parcel of land herein given to my daughter Elizabeth Francisco
and her said husband Jackson Francisco is more valuable that the parcel
herein given to my daughter Lucinda Crew and in order that the said William
H. Crew and the said Elizabeth Francisco and her said husband Jackson Francisco
and the said Lucinda Crew may all be as near equal as possible, the said
Elizabeth Francisco and her husband Jackson Francisco taking one interest
as aforesaid and that my said children may share and share alike in the
divisions of my said lands, I ___ as a part and parcel of the grants
and bequests herein made that my said daughter Elizabeth Francisco and
her said husband Jackson Francisco pay to my said daughter Lucinda the
sum of one hundred dollars and that my said son William H. Crew pay to
my said daughter Lucinda the sum of three hundred dollars. Seventh
- I will and bequeath that my said executors as soon as possible after
my decease shall collect all debts, monies due my estate and after having
collect the same and gathered together all the residue of my estate that
may remain after satisfying the foregoing legacies and bequests that is
to say out of said the sum of five hundred dollars to my said daughter
Lucinda which amount I desire her to have as a separate legacy and as a
recompense to her for her care attention and labor she has undergone for
many years in and about the comfort and welfare of my wife and myself and
after the paying to her the said five hundred dollars, I direst that my
said executors divide all the residue of my said estate not heretofore
disposed of equally among all my children, my said daughter Lucinda included.
Eighth - I hereby nominate and appoint William H. Crew, Jackson Francisco
and William Click as my Executors. William Crew (Seal)
Signed, Sealed and Published in our presence this the 10th of June
AD 1867 and we have hereto signed our names as witnesses in presence of
the testator and by his direction. James W. Davidson, Robert Click,
Hiram K. Wills (his mark)
The Last Will and Testament of Elizabeth Charles
Will Book II Page 41
The Last Will and Testament of Elizabeth Charles, Deceased No Date- Proved 7 October 1867. I Elizabeth Charles the widow of James Webster, deceased and last the widow of Wiley B. Charles, deceased, a resident of Hawkins County State of Tennessee being in a state of weak bodily health but claiming to be of sound mind and memory do make this my last will and testament revoking all others by me heretofore made. First - Out of my estate so soon after my death as practicable my Executors will pay off my funeral expenses and just debts if any - and in regard to the residue of my estate I dispense of it as follows to wit: To Elizabeth Mays, my grand daughter and the child of John W. and Jane Mays, I give and bequeath one hundred dollars to be paid her by my executors two years after the date of her qualification, and to my daughter Jane the wife of the said John W. Mays I have heretofore given her a share of my estate, and I therefore give her nothing more of my estate. To Ida Bell Bray, a reputed grand child of my own and a reputed child of my deceased son Eldridge Webster, I give and bequeath fifty dollars to be paid her by my executors out of my estate two years after the date of her qualification. To the widow and children of my deceased son James Webster, I give no more of my estate, because he has had in his lifetime a full share of my estate. To my son Alexander H. Webster, I give in addition to what I have heretofore given him fifty dollars to be paid him by my executors two years after the date of his qualification. To John W. Webster, my son now absent from home I give in addition to what I have already given him fifty dollars to be paid him two years after the date of his qualification by my executors. To Conrad L. Webster, my son now also from home I give in addition to what I have already given him fifty dollars be paid him by my executors two years after the date of his qualification. To A. L. B. Webster, my youngest son and now at home, I give and bequeath a black mare colt now over a year old and five hundred dollars to be paid him by my executors out of my estate two years after the date of his qualification. To my daughter Sally Bailey wife of James Bailey, who I’m now keeping house with, I give and bequeath all my household and kitchen property, consisting of two feather beds, two bureaus, one press, one cupboard, three tables, one clock, chest and all the contents and belongings except my cash and cash notes, accounts and debts which must go to my executor. I ___ ___ that my said daughter shall have all my housekeeping furniture and my executor shall not sell the same with the condition that she continue to live with me and take care of me during my remaining days especially in my last sickness and if she shall not do this then the property so bequeathed to her as aforesaid shall go to my executors and be sold by him on a credit of twelve months to the highest bidder and the proceeds equally divided betwixt my grand daughters, Martha E. Bailey and Mary Jane Bailey who are the children of said daughter Sally and in addition to the foregoing bequest I also give to my said daughter Sally Bailey wife of said James Bailey one hundred dollars to be paid her by my executor two years after the date of her qualification. I intend the bequest to aid Sally to be the separate property of herself and children aside from any sort of claim of said James Bailey. Now if any one of the before mentioned legatees to whom I have bequeathed any thing should die before receiving their said legacy, my executor shall pay the bequest of such deceased party over to my son John Webster, Conrad S. Webster, Sally Bailey, A. L. B. Webster or Elizabeth Mays and Alexander Webster or their survivors or legal representatives equally. My personal property, that I may die seized and possessed of such as houses, cattle, hogs, sheep, bee hives, waggons, plows, harness, farming tools, grain, hay or any other articles not specially bequeathed will be sold by my executors to help raise a fund to meet the aforementioned bequests. If should my estate in the hands of my executors prove to be more that will meet all the demands, I have fixed upon him heretofore that the surplus shall be divided amongst my legatees in the proportion I have bequeathed and on the other hand if there should be a deficit and not enough of my estate to meet all the aforesaid bequests I have made, I intend that each legatee should be valued accordingly. I do hereby nominate and appoint James R. Bailey, my son in law and Orville Bailey ___ ___ one of them my executors to carry out the provisions of this my last will and testament Elizabeth Charles (X - Her Mark) (Seal)
Witnesses - George D. Wagnor, Joseph H. Webster - I do hereby make George Wagnor the custodian of this my will - Elizabeth Charles (X - Her Mark) Attest: A. S. Burem
Copy of the Last Will and Testament of Mrs. Nancy Dalzell
Will Book II Page 122
Dated 13 October 1866 Proven 1 September 1873
Which is proven by the oaths of William M. Piper and William White subscribing witnesses to said will this 1st day of September 1873. In the name of God, Amen. I Nancy Dalzell of the town of Rogersville, Hawkins County State of Tennessee being of sound and perfect mind and memory blessed be God this thirteenth day of October in the Year of our Lord Eighteen hundred and sixty six do make and publish this last will and testament in manner following, that is to say. Having adopted my nephew Frances Dalzell Alexander, son of my brother Dicks Alexander, when a child and he having resided with my since he was about twenty one months old and attended to my business carefully and taken care of me, and always intending to make him my solo heir. I do therefore give and bequeath unto the said Frances Dalzell Alexander, all of my personal property, consisting of bonds and notes on various individuals for borrowed money, sum of which suits have been instituted thereon and all debts and accounts coming to me or which may hereafter be due to me and all my household and kitchen furniture. Also the house and lots whereon I reside adjoining the brick dwelling house in which the widow of William Simpson deceased resides in said town of Rogersville, including also my real and personal estate whatsoever to hold to him the said Frances Dalzell, my adopted son and to his heirs and assignees forever. And in order that the said Frances Dalzell Alexander may be ___ ___ use my debts etc for his use and benefit, I do hereby appoint him my Executor of this my last will and testament, and require that the court shall not require him to give bond for the execution of his official duties as all my estate is willed to him. Signed, Sealed, Published and ___ by the said Nancy Dalzell the testatrix as her last will and testament in the presence of us, who were present at the time of signing and sealing thereof. Nancy Dalzell (Seal)
Witnesses: William M. Piper, William White
Copy of the Last Will and Testament of Eliza
Morrow
Will Book II Page 123
Which is proven by the oaths of R. H. Drake and Joel M. Crisp
on this 1st day of September 1873.This my Last Will and Testament, I will
and bequeath unto my two daughters, Amanda A. Coleman and Laura E. Ruble
all my real estate, I will and bequeath unto my daughter Amanda A. Coleman
the east or lower end of the said farm, I will and bequeath unto my daughter
Laura E. Ruble, the west end of said farm furthermore I direct my
Executor William Colyer after all my debts and funeral expenses is paid
to equally divide the remainder of my property between my two daughters
Amanda A. Coleman and Laura E. Ruble, with the exception that my daughter
Laura E. Ruble shall have 20 bushels of wheat and one hundred bushels of
corn and all the hogs I have on hand out of the present year’s crop, furthermore
give unto my daughter, Mary T. Fortner a note on her husband John Fortner
calling for two hundred dollars as her part of said estate this July
9th 1873. Eliza Morrow
Attest: R. H. Drake, Joel M. Crisp
Copy of the last Will and Testament of William
Green, Deceased
Will Book II Page 124
Proven this 3rd day of November AD 1873
I, William Green of the County of Hawkins and State of Tennessee calling
to mind that it is appointed unto man are to die and being of sound
mind and memory and wishing to dispose of such worldly estates, as it has
pleased God to bless me with, do hereby make and ordain and publish this
my last will and testament in the word and figures following to wit:
Item 1st - I direct that all my just debts and my funeral expenses be paid
out of any moneys that may first come into the hands of my Executors.
Item 2nd - To my wife Rutha I give and bequeath my plantation on which
I now live and all my personal property of whatever description of which
I may die seized of ___ for and during her natural life or widowhood.
Item 3rd - At the death or marriage of my wife Rutha I direct that all
the property herein placed in the hands of my said wife, shall be equally
divided between my children viz: Polly Cantwell, Nancy Wolfe, the
heirs of Elizabeth Brewer, Minerva Pearson, Jeremiah Green, Patsy Murrel,
the heirs of John A. Green, deceased, Orpha Clonce and Rutha Wolfe, should
said heirs above named, agree, may divide the property without sale, otherwise
said property shall be divided between my said heirs above mentioned.
The name of Emeline Greene was struck out by my direction Sterling Green
being indebted to me by note to at least the worth of his natural share
in my estate, which said note is for five hundred and fifty dollars, due
at our ___ dated January 15th 1861, credited August 17th 1865 with $120.00
and all interest up to said date. Item 4th - To Emeline Green and
her heirs, I give and bequeath said note above described in lieu of all
their interest, as heirs in my estate, both personal and real. Item
5th - I hereby appoint my trusty friends Elbert Day and Nicholas
Wolfe Executors of this my last will and testament. Signed Sealed
and dated this 2nd day of May in the Year of our Lord One thousand eight
hundred and seventy three. William Green (Seal) (X-His Mark)
Witness: S. F. Wells, B. F. Lamb
Copy of the Last Will and Testament of Nancy Wells, deceased.
Will Book II Page 125
Proven this 3rd day of November 1873, by the oaths of Robert Cooper
and John W. Dodson subscribing witnesses. I Nancy Wells being of sound
mind and memory, knowing the certainty of death and the uncertainty of
life, do make this my last will and testament. First - I will to
the Almighty God my soul who gave it. Second - my funeral expenses
are to be paid out of my estate. Third - I will all my lands to Resa
Wells, during her life time, and after her death to be divided equally
___ my two nephews, Reanua Wells and Joseph Bradshaw. I will to my
niece Samantha Click fifty dollars, to be paid out of part of the notes
I hold against Robert Cooper and to Bachman Wells, fifty dollars to be
paid out of any notes, which I may have at my death and to William Harvey
Ratliff, fifty dollars to be paid from any notes which I hay hold as the
above. Also fifty dollars equally divided between Mary Lee and Francis
Dodson. I will the note I have against Ephriam Brown to be placed
in the hands of Reanua Wells and the interest of said note to be paid annually
to the preacher in charge for the time being as quarter ago, and at the
death of Reanua Wells, the principle of said note to be safely invested
and the interest to be perpetually paid as before directed to the Preacher
of the Methodist Episcopal Church South at Lebanon, Hawkins County, Tennessee.
I will all the remainder of my property to Resa Wells during her life and
at her death I desire from the proceeds of said property fifty dollars
to be paid ___ Wells, daughter of Ben Wells and fifty dollars to Rosannah
Wells. I hereby appoint Reanua Wells my executor to see that this
my last will is carried out as I have directed, dated this 11 day of October
eighteen hundred and seventy three. Nancy Wells
Witnesses: Robert Cooper, John W. Dodson, R. W. Jones
Copy of the Last Will and Testament of
Thomas Anderson, Deceased
Will Book II Pages 126-127
Proven 1st day of December 1873. State of Tennessee, Hawkins
County: I Thomas Anderson, being of sound mind and perfect memory,
do make and publish this my last will and testament in manner and form
following. First - I give and bequeath to my beloved wife Mary Anderson,
all my household and kitchen furniture together with our sorrel mare during
her natural life. Secondly - I give and bequeath to my daughter Nancy
Williams the house where I live including the lot of land as has already
been deeded to her. Thirdly - I give and bequeath to my daughter
in law Elizabeth Anderson and her heirs the house where she now lives and
eight acres of land around said house. Fourthly - I give and bequeath
to my daughter Elizabeth Harrel and her heirs the house where she now lives
and eight acres of land around said house. Fifthly - I give and bequeath
to my daughter Mary Payne and James W. Payne the house where they now live
and eight acres of land around said house during their natural life.
And the remainder of my land to be equally divided between Nancy Williams,
Elizabeth Anderson and her heirs Elizabeth Harrel and her heirs, Mary Payne
and James W. Payne and at the death of Mary Payne and James W. Payne, their
portion of the land to fall back to my lawful heirs. Sixthly - I
will and bequeath that all my money notes and property be equally divided
between Nancy Williams, Elizabeth Anderson and her heirs, Elizabeth Harrell
and her heirs, Mary Payne and James W. Payne. I hereby nominate and
appoint David D. Anderson my sole executor of this my last will and testament.
In witness of which I have hereunto set my and affixed my seal this the
2nd day of February in the Year of our Lord one thousand eight hundred
and seventy two. Thomas Anderson (Seal)
Signed, Published, Sealed and delivered by the above named Thomas Anderson
to be his last will and testament in the presence of us who have hereunto
subscribed our names in the presence of the testator, as witnesses:
David D. Anderson, Andrew Derick
Copy of the Last Will and Testament of James S. Phipps
Will Book II Pages 127 - 131
Proven 2nd day of March of 1874
I, James S. Phipps, of the County of Hawkins County and State of Tennessee, being of sound mind, but growing feeble in strength, knowing the uncertainty of life and the certainty of death, do make this my last will and testament revoking and annulling all: To wit: Item 1st - To my son William F. Phipps, I bequeath or will a certain tract of land lying on the south side of Holston River in the upper end of Long’s bottom it being the same tract of land that was deeded by my father, William Phipps beginning on a sycamore on the river bank, near the upper end of the bottom, thence south 25 east 24 poles to white oak and then ___ as pointers on the tip of the bluff in a sink of the same, thence south 71 east 6 ½ poles to a hickory in the head of a dry hollow, thence south 36 east 104 poles to a post oak on the ___ top on the mountain with post oak, dogwood and hickory as pointers, thence down the south side of the mountain, with a dry hollow south 36 east 10 poles to a stake in said hollow where it intersects the line deeded to me by Samuel Henderson and Abraham Britton, thence Phipps line south 50 west 22 poles to a white oak with ___ pointers; thence south with said line 54 12/ west 68 poles to a ___ and pointers thence south 89 west 14 poles to a ___ and post oak Arterbuss (?) corner, thence along his line and the top of the mountain south 42 west 57 poles to a black oak and hickory: thence south 54 ½ west 66 to two small hickorys and sourwood pointers on the top of said mountain, thence down the east end south 45 ½ west 26 poles to a small black oak and sourwood corner to Phipps six acre entry in the gap of said mountain, thence south 30 west 8 poles to a dogwood, maple and spanish oak on the bank of a creek in the gap of said mountain, thence north 55 west 52 poles to a bush at the foot of Bays Mountain; thence north 8 east 32 poles to a white oak and bush, thence with Phipps and Longs line due west 50 poles to a hickory and ___wood, thence Phipps and Longs 20 poles to two oaks corner to the Phipps entry, thence with his line north 17 east 67 poles to a white oak, then north 3 east 13 poles to a bush Longs and Phipps corner and corner to old grant, thence with old grant line north 15 east 94 poles to a walnut on the river bank, then up the several meanders of the river to the beginning containing by estimation 231 acres more or less. The foregoing described tract of land being more than William F. Phipps share of my real estate, I require him to pay me for the benefit of James Wiley Phipps, fifteen hundred bearing interest from the first day of January Eighteen and seventy two, which William F. Phipps freely and willingly consents to do, and that I James S. Phipps hold the land referred to for the payment of the said fifteen hundred dollars. Item 2nd - To my daughter Charlotte wife of D. C. Miller, I will and bequeath a tract or parcel of land including the house in which I am now living, beginning on a hickory on the north bank of Holston River on the back of a large ___; thence north 53 west 90 poles to the north post of a large gate on the road leading from the house to my ___ barn, thence north 71 west 68 poles to a stake on the line between D. T. Lyons, thence with said line south 84 west 84 ½ poles to a gum, dogwood and two white oaks; thence south 13 poles to a dogwood and two gums; thence south 23 west 67 poles to a white oak and spanish oak, on the river bank near a small branch; thence up the several meanders of the river to the beginning containing by estimation eighty acres also a small island lying at the head of Longs Shoal, containing about three acres, more or less also a lot or parcel of timber land lying on the southside of Holston river it being part of the purchase I made of Samuel Henderson and Abraham Britton; beginning in the mouth of a small ___ the third branch or hollow above the cleared bottom with sycamore, hawbush ___ as pointers; thence up said branch and up the point of the ridge, south 42 east 38 poles to an ash and hickory on the top of ridge thence south 67 east 28 poles to an oak on the top of the same ridge then south 44 ½ east 56 poles to a spanish oak and hickory on the extreme top of the mountain then with the extreme top of the mountain north 50 east 150 poles to a cucumber, poplar, hickory gum and black oak Phipps corner on the top of the mountain where a path crosses the same going to and from Christian land; thence south 40 east 48 poles to two small black oaks on the spire of the mountain; thence down the same south 26 ½ east 36 poles to three black gums and chestnut; thence south 63 ½ west 138 poles to two dogwood and chestnut as pointers on the spire of the mountain; thence up the same north 26 ½ west 58 poles to several buckeyes, two dogwoods and pointers on a steep hillside thence south 63 ½ west 32 poles to a hickory; thence along the course of said mountain south 45 west 80 poles to a black oak and sourwood; thence north 50 west 80 poles to a stake where the land willed to William F. Phipps intersects the same thence up a dog hollow north 36 west 10 poles to a post oak on the top of the mountain with post oak dogwood and hickory pointers; thence north 36 west 104 poles to a hickory in the bend of a dog hollow near the top of a bluff thence north 71 west 6 ½ poles to a white oak with ___ pointers in a low sink on the bluff; thence north 25 west 24 poles to a sycamore on the river bank near the upper end of the bottom thence up the several meanders of the river to the beginning containing by estimation one hundred and seventy five acres more or less. Item 3rd - To my son Park Phipps, I will and bequeath a tract of land lying on the north bank of Holston River the upper end of the plantation on which I am now living beginning at a sycamore on the river bank, corner between D. T. Lyons and myself/ thence south 68 west 60 poles to a sycamore and ash; thence south 58 west 35 poles to a white oak and cedar; thence north 80 west 50 poles to a rock then south 84 west 28 ½ poles to a stake on the line between D. T. Lyons and myself; then south 7 12/ east 68 poles to a post on the road leading from my house to the upper ___ thence south 53 east 90 poles to a hickory and box elder on the river bank thence up the several meanders of the river to the beginning containing by estimation ninety acres by the same more or less. Also another lot or parcel of land lying on the north side beginning on a post oak and the line between W. A. Phipps and myself and running with the same about 192 poles to a stake at the Northwest corner of ___ between Betty Fain and myself: thence south 24 ¾ east to a walnut corner between Betty Fain and myself on the old grant line; north 69 east 180 poles to a large black oak corner to the grant line, thence north 21 poles to the beginning post oak corner containing thirty six acres more or less: Also a lot or parcel of timberland lying on the south side of Holston River, it being a part of the land deeded to me by Samuel Henderson and Abraham Britton; beginning on two bushes and a sugar tree, Lyons corner and the beginning corner of my mountain land; thence with Lyons line up a branch south 86 east 66 poles to a gum and hickory; then south 34 east 30 poles to a bush and Lyons and a branch thence the same south 69 ½ east 26 poles to and ash and bush on said branch then south 59 east with the leading waters of the same 88 poles to a black oak and black gum, small hickory, poplar and cucumber on the top of a mountain called commonly the river mountain in a gap near where a path crossed the same leading from Christians land; thence south 49 ½ east along the ___ heights of said mountain 104 poles to three chestnut, oak and hickory on the top of the same; thence south 36 ½ east along a spire of said mountain 50 poles to a chestnut oak, chestnut and black gum; thence south 49 12/ east 104 poles to two small black oaks and pointers on a spire of the mountain; thence north40 west, 48 poles to a black oak, black gum, small hickory, poplar and cucumber Phipps corner, thence south 50 west 150 poles to a spanish oak, and hickory on the top of the mountain; thence north44 ½ west 56 poles to an ash on the top of a ridge ; thence with same ridge north 67 west 28 poles to the mouth of the same branch at the river; thence up the several meanders of the river, to the beginning containing by estimation one hundred and seventy five acres, be the same more or less. Item 4th - To my son James Wiley Phipps, I will and bequeath one note of fifteen hundred dollars, due from William F. Phipps bearing interest from January first eighteen and seventy two; also another note of fifteen hundred dollars due from William F. Phipps without interest for five years from the first of January eighteen and seventy two; Lastly - I do hereby nominate and appoint my son William F. Phipps and my brother W. A. Phipps my executors. In so whereof I do to this will set my hand and seal this the 15th day of April eighteen and seventy two.
James S. Phipps
Signed, Sealed and Published in our presence and we have subscribed our names hereto in the presence of the testator, this the 15th day of April eighteen and seventy two.
Witnesses: William S. Armstrong, W. A. Phipps, James ___
The Last Will and Testament of Isaac Price
deceased
Will Book II Page 132
Proven 2nd Day of March 1874
In the Name of God, Amen. I Isaac Price of the County of Hawkins
and State of Tennessee, being of sound mind and memory and considering
the uncertainty of this frail and transitory life do therefore make ordain
publish and declare this to be my last will and testament. That is to say,
First, after all my lawful debts are paid and discharged, the residue of
my estate, real and personal, I give and bequeath dispose of as follows
to wit: To my beloved wife Patsy Price all my real estate formerly
belonging to Catharine Price one half (two hundred acres) and also
my personal property, during her natural life and widowhood, and after
her death, divided equally among my heirs, Katharine Brooks, John Price,
William Price Theopolus Price, George Price, Isaac Price, Elizabeth Price,
Mary Price, Gabriel Price, James D. Price, H. G. Taylor Price, Manerva
Price, Narcissa Price, Hiram Price also my grandson Isaac Brooks to him
an equal portion. If the said Isaac Brooks remain with my wife until
he is twenty one years old, as one of my own heirs, to my daughter Elizabeth
Price also to my other two daughters, Manerva and Narcissa also to my two
sons H. G. Taylor Price and Hiram Price and my grandson Isaac Brooks to
the six last named, I give unto my sons and grandson each one horse and
___, and a ___ to the six last named equal with the others heirs.
I also give unto the last named girls one cow and ___ to make them equal
with the balance. I make constitute and appoint my said sons George
and Theopolous Price to be my executors of my last will and testament,
hereby revoking all former will made by me. In witness whereof I
have thereunto subscribed my name and affixed my seal this 18th of March
1876.
Isaac Price (x) his mark (Seal)
Witnesses: J. H. Young, Henry Shanks
Copy of the Last Will of John Rouse, deceased
Will Book II Page 133
Filed and Proven the 6th day of April 1874
I John Rouse of the County of Hawkins and State of Tennessee being
of sound mind and of disposing but somewhat frail in body do make
and publish this my last will and testament. First - I command my
soul to God who gave it. Second - That my funeral expenses should
be paid out of my money and property, that I may have on hand at my decease.
3rd - I will and bequeath that my wife Catharine shall have my black horse
and his saddle and also my household and kitchen furniture and my mansion
house and out buildings and garden and her maintenance during her natural
life off my farm. 4th - I will and bequeath unto my son Jacob Rouse all
my land lying west of the creek, being the line on the east or northeast
surrounded by the lands of _. _. Gillenwaters and others including my mansion
where I now live. 5th - I will that my land east of the creek
be sold (by my executor herein after appointed) to the highest bidder,
on a credit of twelve months to be sold at the time that my other property
shall be sold herein after described land the money for said land be equally
divided between my five children, namely, James, Alfred, Isaac, Mary Ann
and Nancy Malinda. 6th - I will that all my personal property, that
I have not given my beloved wife Catharine, be sold on a credit of twelve
months and the money equally divided between my five children above named
James, Alfred, Isaac, Mary Ann and Nancy Malinda. 7th - I will
also that at the death of my wife Catharine that all the remainder of my
personal (?) be sold on a credit of twelve months and the proceeds thereof
be equally divided between my five children above named James, Alfred,
Isaac, Mary Ann and Nancy Malinda. It is my wish and desire and I
hereby nominate my friend Abraham Molsbee, my executor of this my last
will and testament. In testimony whereof I have hereunto set my and
seal this the 5th day of January 1874.
John Rouse (X-his mark)
Signed in presence of: Abraham Molsbee, Hincheu Gilliam
Copy of the Last Will and Testament of David
Hickman, deceased
Filed and Proved this 6th day of April 1874
Will Book II Page 134
In the Name of God Amen. I David Hickman of the County of Hawkins
and State of Tennessee being of sound mind and memory and considering the
uncertainty of this frail and transitory life do therefore make ordain
publish and declare this to be my last will and testament that is to say:
First - I will and bequeath to Stephen Darter, all the interest I have
in the farm I now live on to make him safe for all debts and liabilities.
Second - I want my bay mare and milch cow to be exposed to public sale
on a credit of six months and the proceeds to be divided between my wife
Fanny and my daughter Matilda as follows, to wit: To my wife one
fourth of the proceeds and to my daughter Matilda three fourths of the
proceeds of the above named property to be paid to them in several installments
as their necessities require, by my executor. Third - I give to my
daughter Matilda my fall leaf table and my safe and my clock also all the
rest of my house property, I give to my wife Fanny Hickman.
Fourth - I want my bees, sheep, hogs and farming implements to sell on
the above named terms and the proceeds to the appropriated to my funeral
expenses. Fifthly - I appoint E. H. Harrell my lawful executor of
this my last will and testament to wind up all my business. In witness
whereof I have hereunto set my hand and seal in the presence of the undersigned
witnesses, this the 7th day of March in the year of our Lord 1874.
David Hickman (Seal)
Witnesses: Thomas A. Harrell, John Price
Copy of the Last Will and Testament of CALVIN WATERBERRY, deceased
Filed and Proved April Term 1874 of the County Court
Will Book II Pages 135 - 136
In the Name of God Amen. I, Calvin Waterberry being of sound disposing
mind and memory and knowing that life is uncertain and that I cannot owing
to my age and condition in life, live a great while longer, and also being
anxious that I should make some disposition of what little worldly affects
I may possess to the end that my beloved wife may have as little trouble
in winding up the same as possible and with a little expense, I therefore
do make and publish this as my last will and testament, hereby revoking
all other wills that may at any time heretofore have been by me made.
First - Acknowledging God as the one only living and true God, the God
of my Fathers, and the author of my being. He who has been the guide
of my life and who will support in death, to him I commit my soul, believing
and trusting in the merits of the Blessed Redeemer in whose service my
life has been spent. Secondly - After my decease, I desire all my
just debts and funeral expenses to be paid. Thirdly - I will and
bequeath to my son James H. Waterberry, my gold watch and chain and desire
my representative to deliver over to him the same as soon as convenient
after my death. I also desire that my son James have all my silver
spoons, forks and knives and my clothing also the silver head of my cane.
Fourthly - I desire that the Rev. John Bachman, to whereon I am indebted
in a small sum, if he prefer to do so, select by ___ from library such
books as he desires. I also desire that Dr. James H. Vance, who has
waited upon me in my sickness, as my physician make such selections as
he may desire out of said library and the residue of said library after
these selections are made, I desire divided equally between my beloved
wife and her son, John McKinney Phipps and my son James H. Waterberry.
Fifthly - I give to my beloved wife all the residue of my property consisting
of a few pieces of bed clothing, a candelabra. This constitutes all
the property and effects that I have or possess all the property belonging
to my beloved wife Ann at the time of our marriage was by all agreement
between us reserved to her separate use and benefit, this property does
not belong to me, it is her property and I lay no claim whatever to it.
Sevently - I desire that my wife Ann act as my executrix and I hereby nominate
and appoint her as such, and it is my desire that she be permitted to act
as such without giving bond and security. In testimony whereof I
have hereunto set my hand and affixed my seal this the 31st day of December
AD 1873.
C Waterberry (X-his mark) (seal)
Signed, sealed and acknowledged in our presence and we certify that
we were called upon by the testator to witness the same and this we did
so in his presence and at his request. J. L. Bachman, Billie A. Bachman
Copy of the Last Will and Testament of Elizabeth Simpson, deceased
Filed and proved the 1st day of January AD 1874
Will Book II Pages 137 - 138
I, Elizabeth Simpson, of the county of Hawkins and State of Tennessee, do make this my will and testament, hereby revoking all former wills by me at anytime made. First - It is my will that my bedding and bed clothes and carpeting be equally divided between my two daughters Elizabeth and Fanny. Second - It is my will that my daughter Fanny have all my silver ware. Third - It is my will that all the property real and personal of which I may die seized and possessed with the exception of that herein before disposed of be converted into money in the most advantageous manner by my executor as soon after my death as is practical. Fourth - It is my will that our of the proceeds of the sale of my property and of such evidence of debts and money I may have, the sum of fifteen hundred dollars, be paid by my executor to my daughter Fanny: that out of the same fund my grandson Andrew D. Simpson have one thousand dollars and that out of the same fund my daughter Elizabeth Shields have one thousand dollars, to her own separate use and free from her husband. Fifth - It is my will that after satisfying the forgoing specific and pecuniary bequests that the remainder of my estate be equally divided between my fours sons, my said two daughters, the children of my deceased daughter Jane Sevier, and the daughters of my deceased daughter Mary Ann Guthrie, the children of Jane Sevier to have the one eight part, the daughters of Mary Ann Guthrie to have the one eighth part, and my said sons and two daughters to take one eighth part each. Sixth - I do nominate and appoint my friend F. M. Fulkerson to be the executor of this my last will and testament. In testimony whereof I have hereto set my Hand and affixed my seal this the 6th day of June AD 1867.
Elizabeth Simpson (Seal)
Signed, Sealed and acknowledged in our presence on this 6th day of June, 1867
Joseph Simpson, Samuel Neill
Copy of the last Will and Testament of William
Moore, deceased
Filed and Proven the 1st Day of January 1874
Will Book II Pages 138 - 139
I William Moore do hereby make and publish this as my last will and
testament hereby revoking and making void any and all other wills by me
heretofore made. 1st - I will to brother Samuel R. Moore and his wife all
my real estate for and during their natural life, and at their deaths it
is my will that Zadok N. Moore my nephew and son of said Samuel R. Moore,
is the have my land known as the ___ or white ___ farm. And that my nephew
and son of the said Samuel R. Moore, John W. L Moore is to have all my
other lands known as the Mud Creek farm. 2nd. I also will to
my said brother Samuel R. Moore all my other personal property not heretofore
disposed of. 3rd. I will that my mule shall be given to Nancy
J. Moore for the use and benefit of herself and family. 4th - I will
that at the time Harriet P. Moore daughter of the said Samuel R. Moore
arrives at the age of twenty one years; she is to have two hundred and
fifty dollars in cash, and that out of my money on hand and which is due
and owing. The taxes which may hereafter fall due on the said lands
so mentioned in this my will is to be paid until Tennessee America Moore,
daughter of the said Samuel R. Moore arrives at the age of twenty one years,
and then the remainder of said money is to be equally divided between Elizabeth
B. and the said Tennessee A. Moore daughters of said Samuel R. Moore.
5th - I further will and bequeath to the said Elizabeth B. Moore the capital
stock of one hundred and twenty five dollars, I have in the E. T. &
VA RR. 6th - and lastly, I hereby appoint the said Samuel R. Moore
as my executor and special guardian for the said children and legatees
in this will whose duty it shall be to keep them money on hand and due
and owing at interest, to pay the taxes out of the same, as provided in
this will, which may hereafter become due on said land to pay to the said
legatees, as hereby provided at the time herein specifies. In testimony
whereof I hereunto set my hand and seal on this 20th day of December 1872.
William Moore (Seal)
Signed, sealed and acknowledged in our presence on the day it’s been
dated
William S. Noe, Jacob Shepherd, James H. Walker
The last Will and Testament of Elisha Dodson
Proven this 3rd day of August 1874
Will Book II Pages 140 - 141
I, Elisha Dodson, do make and publish this as my last will and testament
hereby revoking 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 money that I may die possessed of or may
first come into the hands of executors. Secondly - I give and bequeath
to my loving wife Francis Dodson the one half of the proceeds of my ___
after paying expenses of repairs and making crop, the other half
to whoever may live with her, ___ at one half of the expenses of keeping
up the farm and making crop, if there should be a surplus after a decent
support for her, then the balance to be divided equally between my heirs
and I further give to her the full control of my house together with also
the property she may choose to keep, both households and kitchen furniture,
this to be determined on by my executors. I also give one horse ___
oxen and waggon, two cows and calves the one half of the hogs and the sheep,
it is should take this to support her, this to be determined on by her
and my executors. If should be any stock left then to be sold and
the money divided between my heirs equally and further also the farming
utensils, my executors may think necessary to carry on the farm and at
her death all and every thing she may die possessed of, to be sold and
the money deriving therefrom to be equally divided between my heirs, having
referred to a book of accounts I have notes against my heirs. I further
will that Marshall Hartman and Susan Hartman his wife live with their mother
and have half the profits of the farm after the expenses are paid for raising
the crop and keeping up the farm. I further will that if Fanny Dodson
live with her grandmother, and behave herself until she marries, at her
grandmothers death she shall have one bed, bedstead and furniture, one
cow and calf and two dollars in money to buy cupboard and cooking utensils.
Thirdly - I bequeath to my grandson, John K. Dodson two hundred and fifty
dollars or one tenth part of what my real estate may bring
to be kept by my executors and paid to him at the age of twenty one years,
retaining the interest for their trouble. I appoint my executors
hereinafter named his lawful guardian or trustee. Fourthly - I will
that one or more of my heirs take my landed estate at the sum of two thousand
five hundred dollars and paid to the other heirs their proportional part
of that same, after retaining her or their part and if none of the heirs
will take the place at the price, then to be sold to the highest bidder
and the money arriving from the sale to be equally divided between my heirs
having reference to the book of accounts, kept against my heirs.
Fifthly and lastly, I appoint my son Samuel E. Dodson and Marshall Hartman
my executors, In witness whereof I hereunto wet my hand and seal this twenty
first day of January 1874.
Witness: S. C. Davis, James K. Dodson
The last Will and Testament of Alexander
Skelton Senior
Filed and Proven this 7th day December AD 1874
Will Book II Pages 141 - 142
I Alexander Skelton Senior 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 executor.
Secondly - I give and bequeath to my wife Elizabeth the house (known as
the Keywood House) and all the land in a certain boundary. Beginning
on a large locust James ___ corner, thence across to the ___ thence with
the road to John Sprowl’s line all of my land north and west of the word.
This land which I have given to my wife Elizabeth should at her (my wife’s
death) belong to my son Alexander Skelton, Junior. I also give and bequeath
to my wife Elizabeth one horse, the best then at my death owned by me,
the best cow and calf and some stock hogs, and all my household and kitchen.
Lastly, I do hereby nominate and appoint my son
my executor. In witness whereof I do to this my will set my hand
and seal this 28th day of December 1871.
Alexander Skeleton (Seal)
Signed, sealed and published in our presence and we have subscribed
our names hereto in the presence of the testator this 28th day of December
1871
Witnesses: I. A. Stephenson, Joseph T. Lloyd
The last Will and Testament of Martha Arnold,
deceased
Proven 4th day of January 1875 and in the words and figures following
Will Book II Page 142
I Martha Arnold 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 executor. Secondly - I give
and bequeath to William Arnold all my personal property and household and
kitchen furniture. I do hereby nominate and appoint William S. Click
my executor. In witness whereof I do to this my will set my hand
and seal this the 7th day of October 1874.
Martha Arnold (x-her mark) (seal)
Witnesses: W. R. Pearson, Joseph T. Earley
The Last Will and Testament with accompanying
codicil of William Tharp
Proven the 1st Day of March 1875
Will Book II Pages
Pages 143 - 145
State of Tennessee - Hawkins County. In the name of God, Amen.
I William Tharp being of sound mind and memory and knowing the uncertainty
of life and the certainty of death do make and publish this my last will
and testament. First - My will and desire is that to my two sons
to wit: John Lewis Tharp and William Thomas Tharp, I give and bequest
unto them the farm they now live on known by the name of the Cox farm bounded
by the lands of A. Chesnutt, David Kirkpatrick, David Reynolds, Lewis Arnott,
Andrew King etc also bounded by my home place containing one hundred and
fourteen acres.. that the same be equally divided between the two and each
holding his own improvements and an equal division of timbered as well
as cleared lands also my silver watch if on hand at my death either one
to have by the other paying the one five dollars: Second - My will
and desire is that my wife Elizabeth hold the old homestead I now
occupy during her natural life or so long as she remains my widow.
Third - Also my daughter Emily Louisa Tharp live at the old homestead so
long as she will live under the government of my wife Elizabeth or as long
as she remains single or longer if they can agree. She is also to
have a young mare if any on hand at my death worth one hundred dollars
or to have one hundred dollars in money out of my personal property if
the same is not paid her during my lifetime. She is also to have
all the bedding clothing furniture etc which now in her room, to (viz:)
Two beds and bedsteads and their clothing, also one bureau that is now
in her room she stays in. She is to have the use of the room to keep
her things in and myself and wife Elizabeth is to have free access to the
room if it should be necessary. Fourthly - After all my just debts
and funeral expenses are paid I give and bequeath unto my wife Elizabeth
all the personal property I am possessed of at my death, also if there
should be any property or stock of any kind on hand at my death, she has
the liberty of either of selling it by an order from court or privately
as she may think fit. Fifthly - My wife Elizabeth is also to have
the old homestead to keep and to hold during her natural life or so long
as she remains a widow and she is to have free access to all or any ___
for keeping up or repairs of the place and not to sell or dispose of any
___ in any other way and if there should be any of the lands of the old
homestead to ___ for rent my son John Lewis Tharp, or my son William Thomas
Tharp is to have the refusal of the same by paying my wife Elizabeth one
third of what is made on said land rented by them and my son William Thomas
Tharp is the have one fourth part of all the hay made on the meadow in
the old home place by his helping to ___ and take of the same and by ___
and keeping up the same and the other three fourths is to be saved for
the use of my wife Elizabeth whenever William Thomas fails to comply with
the above he forfeits his rights to the meadow. I also will that
in case any of my wife’s children fail to comply with the guidance
or government of my wife, they are to be dispossessed from the place and
in case any of them should marry, they shall leave the old homestead, my
wife Elizabeth is not to suffer them to build on the said homestead or
any other part or parcel, also my wife Elizabeth’s children as they become
21 years of age they are to leave my old homestead and go open their own
lands, or somewhere else wherever it may suit them. Sixthly - I give
and bequeath unto my daughter Emily Louisa Tharp and my grandson John William
Camafix the old homestead farm to be equally divided between them at my
wife’s death or her intermarriage with some other person, the old homestead
is landed as follows by the lands of R. Chestnut, Henry Chesnutt, David
Kirkpatrick and also bounded by the tract of land in the will to John Lewis
and William Thomas. Seventhly and lastly - I nominate and appoint
John Lewis Tharp and William Thomas Tharp my executors to will as witness
my hand and seal this the 17th day of November 1869.
William Tharp (Seal)
Witnesses: Thomas Smith, Joshua Smith
Codicil - I William Tharp, in accordance with what I have above written
do make the following alteration and addition (viz) whereas my wife Elizabeth
an my step-children have a homestead and my daughter Emily L. Tharp has
none, and whereas there is more than one third of all my land in the homestead
tract, I do set apart the above over___ in the homestead place for the
use and benefit of my daughter Emily L. Tharp and also a sufficient portion
of wood land and she shall have as means for her own support and not depend
on her stepmother and she shall pay one fourth the part of all, my
debts, for the use of the homestead and she is to have one fourth part
of the meadow by using means to ___ the same, my son Thomas is to keep
and hold his one fourth part of the meadow as before given until my present
wife’s death or until she intermarries. And I have already given
Emily L. a room in the new house. I now give her the liberty of the
old house to do her cooking in and also the privileges of the big stables
to keep her nag in, my wife Elizabeth is also to have the use of the old
house for cooking purposes. As I have given Emily equal privileges
in house, room, I wish her to treat her step mother kindly and with respect.
As witness my hand and seal this the 25th day of September 1873.
William Tharp (Seal)
Witnesses: Thomas Smith, Joshua Smith
Copy of the Last Will and Testament of Elizabeth Farmer, deceased
Filed and Proven this 5th day of April AD 1875
Will Book II Pages 145 - 147
I Elizabeth Farmer in view of the uncertainty of life and the certainty of death and having a firm desire that after my departure that my little estate shall be divided and ___ in harmony and now being in sound mind and memory and mind I now make and do hereby publish this as my last will and testament, at the same time praying and committing my soul to him that gave it and my body to the grave and my property both real and personal as follows: First - My will and desire is that my funeral expenses and all just debts be paid out of the first effects that come into the hands of my executors. Second - My will and desire is that the tract of land of about one hundred and fifty acres be divided as hereinafter mentioned it being the same land I obtained by deed from James S. Caldwell in the 8th civil District of Hawkins County joining the lands now owned by William Vaun, William Burchfield and others and Holston River also on the North west, including where I now live also where Alexander Farmer, Barsheba Thacker, Thomas Manis and John Henry and George Richards now resides containing one hundred and fifty acres be the same more or less. The first lot or parcel to be conveyed or assigned is the north east portion beginning of the dividing line at the river at the first low gap in the ridge below the mouth of the creek, then a straight line to the spring that George Richards is now using, then up the branch to a sourwood near John Henry’s house in the original at the fork of the hollow, also east of his line is hereby assigned to my well beloved son James Lawrence Farmer and his heirs forever. Second Lot, beginning at the sourwood above mentioned and to follow said line to a marked white oak on the top of the ___ Paps Knob, thus west top of said knob on ridge to opposite the lower corner of Alexander Farmer’s farm thence a direct line from the top of said ridge crossing the hollow and with the fence and same direction of said fence to the river, this includes where John Henry and George Richards now lives and is hereby assigned to my well beloved daughter Mary Matilda (who intermarried with George Richards) and her heirs forever. 3rd Lot All of said tract lying west of the land described above and north of the top of the ___ Paps Knob or ridge named in second lot including where he now lives is hereby assigned and allotted to my well beloved son Alexander Farmer and his heirs with the condition that he keep it and occupy it for a home for himself and his lawful heirs but should he reuse to occupy the same he is hereby prohibited from selling or transferring said land to other ___ or ___ but to fall back for equal division of James Lawrence and Mary Matilda, and their heirs forever. 4th - I will and desire that the small piece of land lying on the south side of the extreme height and top of the said ___ Paps Knob or Ridge supposed to be some twelve or fifteen acres including the improvement where Thomas Manis now lives be and is hereby assigned and allotted to my well beloved husband George Farmer his heirs and assignees forever but in order that the title to the above described lands and every part thereof be perfect the awards as assigned and before the same can be done through being filed by the assignees must to wit: Alexander, James and Mary Matilda shall will and truly pay my beloved daughter Priscilla who intermarried with Robert Kersey their equal part of seventy dollars to be equally divided with the heir that gets the land and also the expense of administration . 5th - My will and desire is that all the personal estate that I may die possessed of, of every character shall belong to my well beloved husband George Farmer but in case he should die before I do, then and in that case I will dispose of it as I think best and further in consideration of the same piece of land assigned to my husband George Farmer he shall well and truly pay to my grand children to wit: George Farmer and Elizabeth Farmer, children and heirs at law of the late William Farmer, deceased each the sum of one dollar, and lastly I hereby nominate and appoint Branch Tucker to perform the duties as executor of this will. In witness whereof I have hereunto set my hand and seal this 19 day of February 1875.
Elizabeth Farmer (X-her mark) (seal)
Signed and acknowledged in presence of:
William Vaughan, W. T. Birchfield, Branch Tucker
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