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WILL OF NATHAN WELLS

 

Page 505 Dated: Nov. 15, 1861

Proven in part at July Term, 1863

 

In the event that it should please God to remove me from time to Eternity doring the present ware with the Government of lincon, The following is a disposition I wish to be made of my property, viz: one hundred dollars to be put in the hands of some safe person and the interest arising therefrom to be paid over----The Southern Missionary Cause of the Methodist and one hundred dollars to put at interest and the interest annually to be pade to seport of the gospel at home, fifty dollars to be paid to Nathan Ratcliff as a present on account of his misfortunes, & if John Minderwood shall return home after he has served out the time for which he volunteered in defense of the rites of his Country and if he sits in & servs out the balance of his time that deducting the time he was in the ware, he shall have in the stead of horse and saddle worth seventy five dollars. That they shall be worth one hundred and twenty five dollars, and affer Nancy Wells & Rosanah Wells shall have the land I have and all the cash notes I have on hand and all the property of all kinds, except paying Fanny Bradshaw one hundred twenty five dollars when she is 21 years old and if she saye with N. Nancy or Rosanah Wells until she is or if they should not live until she is 21 years she is in that event to have the amount. Please give Emaline Wells fifty dollars for the care she tuck of her father. This given under my hand and seal November 15, 1861

Nathan Wells

Attest: Reason Wells, Joseph B. Bradshaw


 

 

WILL OF WILLIAM WHITE

Page 505 Dated: July 1, 1813

Proven: Oct. 1863

 

I, William White, of the County of Hawkins & State of Tennessee, do make and publish this my last Will & 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 moneys that I may die possessed of or may first come into the hands of my Executor.

Secondly. And I bequeath to my dear wife Rebeka my house and household and kitchen furniture with the privilege or access to any timber for fewel or comfort of any kind, and the milk cow that is on hand so long as she remains my widow or remains on the premises.

Thirdly. The remains of my property both real and personal to be equally divided between my lawful heirs. Furthermore, my will is that my wife be entitled to one half of the rents of the farm as means of support. Also, that she in case that she becomes dissatisfied and leaves this residence that she takes nothing with her or is entitled to nothing only the personal property that she brought with her and no more.

Likewise, I _____constitute and appoint my son Isaac White to be my lawful Executor of this my last Will & Testament, hereby revoking all others or former wills by me made, and that he be appointed and is authorized to manage and conduct the farm and keep the same in repair, and to defray the expenses of the same out of the other half of the rents of the farm.

In witness whereof I now subscribe my name and affix my seal. This February 1, 1863

William White (seal)

Attest: Thos. N. Price, John Walker, Jnr.


 

 

WILL OF ROBERT YOUNG

Page 506 Dated:_______, 1804

Proven: August, 1804

 

I, Robert Young, Senr. of Hawkins County, and state of Tennessee, do constitute and ordain this my last Will & Testament, wrote with my own hand.

First. Committing my body to the earth and my life to God who gave it, &c. It is my will that all my just debts be first paid and then my worldly Estate to be divided thusly. I will & devise to my oldest son John Young my survey of land less or more lying, joining his place he lives on, on the upper end of John Thompson"s place on the lower end in Carter"s valley, known by the name of the Big Spring Place. I will & devise unto my two sons, Robert and William Young the plantation I now live on lying on the north bank of Holston River joining Henry Price on the upper end and ___?__ Carter on the lower end, to be equally divided in quantity between them, by a line drawn from the middle of the line on the river crossing the middle of the land to the side line. The lower end to belong to Robert and the upper end....to William. I likewise will and devise unto my said two sons Robert and William my negro man named Wilson at my Wife"s decease. They are to have and equal right to him and then they are to have my farming tools, my carpenter tools and my smith tools equally between them. I will and devise unto my son-in-law Henry Larkins the place he lives on containing 200 acres of land more or less, lying between John Young's land and Joe Armstrong's land in Carter's Valley. I will and bequeath unto my wife Jenny Young my house and furniture, the household furniture she is to have that part at her own disposal. She is to have what is called Old Meadow corn field, the brier fielld and the field by the barn, and my two negroes Wilson and Hannah as long as she lives. William Young is to have the big fields on the river, the meadow excepted. She is to have all my stock as long as she lives, but if she thinks there is too much stock for her to support she is to put a part into the Executors' hands which they are to make sale of for the purpose of raising $120.00 which my Executors is to divide as follows: Twenty dollars to be paid to each of Nathaniel Henderson's four children when they are come to the years of maturity: Sally, Jenny, John and Nath. And my Ececutors is to put $40.00 into John cooper's hands to assist in raising his son Young Cooper.

If there is any more money raised out of my stock than will pay this $120.00, the overplush is to be equally divided between my two daughters, Ann Larkins and Mary Cooper. I will and devise unto my said two daughters, Ann Larkins and Mary Cooper my negro woman Hannah, and they are to have an equal right to her and her offspring. And whereas I have a bond of Stokley Donaldson for a Preemption of 640 acres of land in Cumberland, and I have a Patent for 100 acres of land lying on the mouth of Buffalo Creek, Grainger County, and a Military Warrant of 640 acres of land in Cumberland which I lett Burnet Susong have who lives in Cumberland, and I have got no account of it wherefore I give my two sons Robert and William full power and authority to sue at law or any other method they think best and they are to hold whatever they get, only if that preemption fron Stokley Donaldson be all obtained, they are to make my brother William Young a right to 200 acres of it. I do constitute and appoint my two sons Robert Young and William Young to be my Executors of this my last Will ad Testament to which I sett my hand and seal. This _________in the year of our Lord, One Thousand eight hundred and four.

Robert Young (seal)

 

Sealed and acknowledged in presence of:

Thoman Armstrong (Jurat)ll, William Maxwell, _______(Name of witness here illigible)


 

 

WILL OF JOHN YOUNG

Page 508 Dated June 17, 1834

 

I, John Young, of Hawkins County in the State of Tennessee, being of sound mind and memory and taking into consideration the uncertainty of life and the necessity for the prevention of trouble and difficulty to those who are to come after me of settling and providing for the settlement of my own affairs, I do make, ordain and publish thes my last Will & Testament, revoking and annulling all others.

It is my will that my executors, after my decease have my body decently committed to that earth from whince it was taken.

Item. I give and bequeath to my beloved wife Peggy Young a negro woman named Judy and her two children, Leonard & Maria and her offfspring hereinafter to be born, to hold in absolute property during her life and to dispose of as she may please among her children.

Item. I give and bequeath to my said wife all my household and kitchen furniture and all my stock of sheep to dispose of according to her own pleasure among her children.

It is my will that my said wife have her maintenance and support, together with the necessary lots and rooms out of my plantation and houses, according to the reservations contained in a deed made by me to my son John Young, Jr., all of which are more particularly set forth in said deed and are hereby confirmed to her.

Item. To my daughter Harriet, I give and bequeath a negro woman named Hester and her two children Geoff & Matilda and her offspring, hereafter to be born, also one good horse and saddle and three cows and calves.

Item. I give and bequeath to my daughter Juliet two negro girls named Mary Ann & Ril__Anne and their offspring hereafter to be born, and one good horse and saddle and three cows and calves.

Item. To my daughter Caroline, married to Nathaniel I. Carter, I confirm the negro girl Elvy of whom she now has possession, together with the offspring of said girls hereafter to be born, and in addition to those she has already received, I give and bequeath to my s'd daughter another cow and calf.

Item. I give and bequeath to my son John Young, Jr., all my stock not otherwise disposed of, all my farming tools and utensils, the shop tools and the grain or crop on hand, also a negro girl Emaline and two negro boys Wesley & Richard, but in consideration of my son John receiving by this will and by a deed for my plantation, heretofore executed by me to him (which deed with its reservations and conditions is hereby confirmed) a better share of my Estate than my other children, he is required out of his legacy as a condition thereof, and as a condition and reservation in the above named deed to pay all the just debts that may be due and arising from my Estate or from me at the time of my decease.

Item I give and bequeath to my son John my negro man Cain to do with as he may choose, but subject to these conditions, that he pay to my son Claibourne $200.00 and to my son George $100.00 and it is my will that my said sons Claibourne & George receive said legacies out of the proceeds of said negro man Cain.

Item. I give and bequeath to my son John five old negroes, viz: Dan, Wilson, Will, Jude & Sarah, to be kept by him on the plantation, and supported during their lives, and to be worked according to their reasonable ability and not to be disposed of or parted from out of the family of my own children.

Item. I give to my son Robert Young, to my son William Young, to my son Arthur G. Young, to my son Hord Young, to my daughter Polly Armstrong, and to my daughter Betsy Young, in addition to the gifts and advancements heretofore bestowed, I hereby give and bequeath one dollar each-----they being already sufficiently provided for according to my ability.

Item. It is my will that my son John Young & Orville Bradley be Executors of this my last Will & Testament. It is my will that my son John take upon himself the burden of the general execution of this will, but that in all cases of difficulty if any should arise, that he have the assistance of my other Executor, Orville Bradley.

Item. My son John being charged by this will with the payment of all my debts, it is my will that all my Estate or rights if any such there may be not otherwise disposed of, be vested in him as general residuary legatee.

In testimony whereof I the said John Young (sr.) have hereto set my hand and affixed my seal.

This 17th day of June, 1834.

John Young (seal)

Signed, sealed in our presence and witnessed at the request of the Testator. H. Watterson, Benjamin Looney, John Looney (March 18, 1840), Charles C. Watterson. William McKirgan

I, John Young, Senr. do this 18th day of March, 1840, make and publish this codicil to my last Will and Testament in manner following: Whereas in my last Will & Teatament I have given and bequeathed to my wife MargaretYoung and also to my daughters, Harriet, Juliet & Caroline to each and severally the negros therein named and described to them and whereas they being of mature age and knowing the negroes whom I had given and bequeathed to them, each and severally in my said last Will and Testament, have made some exchanges of those said negroes among themselves with my full approbation and it is my desire that those exchanges of negroes among themselves may not affect at all hereafter the equality of distribution therein made to each of the above named legatees. And lastly, it is my desire that this my present Codicil be annexed to and made a part of my last Will and Testament to all intents and purposes.

In witness whereof I have hereunto set my hand and affixed my seat. This 18th day of March, A.D. 1840

John Young (seal)

Signed sealed published and declared by the above John Young, Senr. to be his last Will & Testament in the presence of us who have hereintosubscribed our names as witnesses in the presence of the Testator.

H. Watterson, Charles C. Watterson, William McKirgan


 

WILL OF WILLIAM MOLSBEE

Page 376 Dated: March 28, 1856

Proven: Apr. & May Term, 1856

I William Molsbee being of sound mind and memory but weak in body do hereby make this my last Will and Testament, that is to say, I hereby will my soul to Him who gave it praying that through the merits of Christ, He will mercifully accept the same.

As to my property, &c, I will and bequeath the entire land of which I am possessed unto my wife, Mary Magaline during her natural life or widowhood. Said land in case of her death or marriage to belong to my heirs. I also will unto her, my wife, one sorrel horse and bay colt, one saddle, bridle and blanket, two milch cows, and one yearling to be selected by her, also twelve head of shoats and two sows and my entire farming utensils, two big bedsteads and beds and clothing, two trundle bedsteads, beds and clothing, and the balance of my household and kitchen furniture. I also will unto her (my wife) twelve old sheep, my entire oats except forty sheaves, and all my corn, all my wheat except two bushels which I have sold to Dr. J. G. Gillenwaters, also all my flax. Eight hundred pounds of bacon and all my lard. As to money, I will it to be loaned at interest until my children are 21 years of age when it with interest shall be paid or handed to them as theirs, and whatever of money my property not willed specially may bring, I also will (after debts paid) to my children subject to the above provisions.

I hereby appoint my brother Joseph Molsbee my sole Executor of this my last Will & Testament. In witness whereof I have hereunto set my hand and seal this March 28 in the year of our Lord one Thousand eight hundred and fifty six.

William x Molsbee (seal)(his mark)

The above instrument was now and here subscribed by William Molsbee the Testator in the presence of each of us and was at the same time after all erasures and interlining declared by him to be his last Will and Testament, and we by his request sign our names thereto as attesting witnesses.

E. E. Gillenwaters, J. G. Gillenwaters


 

NONCUPATIVE WILL OF JOEL MATHIS

Page 377 Dated: Aug. 27, 1856

Proven: Oct. Term, 1856

We, R. M. Bishop, Ward Mustin, George R. Stubblefield and S. Brooks do state the nuncupative will of Joel Mathis was made by him on the 28th day of August, 1856, in our presence to which was specially required to bear witness by the Testator himself in the presence of each other, that it was made in his last sickness in his own dwelling house where he had been living for several years, and the same is as follows, to wit: It was his last will and desire that his effects should be disposed of after his decease in the following manner:

1st. That all his just debts be paid out of his effects and the remainder of his estate be divided among his children in the following manner: that his daughter Nancy have a separate sum of $200.00. The remainder to be divided among his heirs, to wit: Nancy, Mary, Joseph, Leannah, Nila, share and share alike.

2nd. That my land that I bought a short time ago from John Brooks and his wife, my will is that my wife and children move to said lands, that my wife and above children have and hold the said lands during my wife's natural life. Then my desire is that my Executors sell said land at public or private sale as they may think best, but if my wife and

the same can be sold as the law directs, either public or private as they may think best.

3rd. My will and desire is that my wife and children have my bay mare and that they use her for the benefit of all the family and if the said mare brings a colt next spring that my daughter Nancy is to have it.

4th. My will and desire is that my Executors sell all my personal property at public sale except one year's support for my wife.

5th. My will and desire is that all my effects remain in the hands of my Executors until after the death of my wife or be loaned out at interest and at the death of my wife to be paid over to my children as described above.

6th and last. I hereby nominate and appoint William C. Kyle, John Altom and S. Brooks my Executors of my last Will & Testament.

Made out by us and signed the 27th day of August, 1856.

R. M. Bishop, Ward x Mastin(his mark) and S Brooks


WILL OF WILLIAM McCARVER

Page 378 Dated: Sept. 5, 1856

State of Tennessee, Hawking County. In the name of God, Amen.

...I William McCarver, Sen'r being weak in body but sound in mind do make and ordain this to be my last Will and Testament, revoking all others heretofore by me made, to wit:

Item 1st. I recommend my soul to God and body to a decent burial.

2nd. A certain piece of land sold to Thomas Amis and a conditional line made by said Amis and myself, William McCarver, Sen'r., beginning at a spring near the creek that John Watts now uses water out of. Thence with a straight line with the fence towards the river to a large forked white oak three. Thence with the fence to river. All east of the above named line belongs to said Amis.

3rd. I give and bequeath to my beloved wife Margaret McCarver the lot around the house and garden and privilege to both apple orchards for fruit. I further will that she shall have all my household and kitchen furniture except one bed, and that my son William is to get equal to the one that my son Alexander has had. I further will that all the property that my wife brought here when we were married, that she may dispose of it at her own will. The balance to be divided between my two sons at her death, or if she should get married. I will that she shall have a horse worth $75.00 and a saddle and bridle during her life, then to be divided between my two sons. I further will that she may have a support out of the smoke house and corn crib and wheat that is on hand at my death. I will my wife once choice cow and calf and four choice hogs and one sow and shoats. 4th. I further will that my farm shall be equally divided between my two sons if they can agree themselves on dividing. If not, to choose three disinterested men to divide it for them. I will also that each of them shall have access to all waters on the farm and also to both apple orchards for fruit. Each privilege to the barn. All my loose property to be divided between my two sons if they can agree. If not, to sell and divide the money, and also the moneys on interest. I will my land to my sons and their heirs...

5th. I further will that my wife have a neat sustenance off the farm during her natural life or widowhood. In testimony whereof I have hereunto set my hand This 5th of September in the year of our Lord, 1856.

William x McCarver (seal)

Witnesses: J. W. Cain, James B. Amis (his mark)


 

WILL OF WILLIAM McCOLLOUGH

Page 379 Dated: October 16, 1856

Proven: Sept. Term, 1861

I William McCollough do make and publish this as my last Will & Testament hereby revoking and making void all other wills by me at any other 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 farm on which we now live, to have the possession of the same or enough of the proceeds of said farm for the maintenance during her lifetime.

Thirdly. That Sarah and Nancy McCollough have their support off said farm while living single or stays with their mother, and at the death of my wife Elizabeth, the lands to fall to William, Samuel, and John McCollough, provided the three boys herein named pay to each one of the heirs $100.00 when said farm comes into their hands, to wit: Alexander McCollough, Eliza Headrick, Henry P. McCollough, Sarah & Nancy Jane McCollough. In witness whereof I do to this will set my hand & seal This the 16th day of Oct., 1856.

William x McCollough (seal)

(his mark)

Signed, sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator This the 16th day of October, 1856.

Test: William McPherson & James Moore


 

WILL OF WILLIAM MILLER

Page 380 Dated: June 28, 1858

Proven: Dec. Term., 1859

I William Miller of Hawkins County, State of Tennessee, being weak of body but sound of mind and memory do hereby make and constitute this writing my last Will & Testament which is in the words and figures following, to wit:

Item First. My will and desire is that my body shall be decently buried in a metalic coffin at such a place as my wife may direct, and after said expense then I want my just debts paid out of my effects such as notes of hand or other evidences of debts due me.

Item 2nd. My will and desire is that my beloved wife Susan Miller shall have, possess and enjoy all my real and personal estate during her natural life, subject, however, to the following conditions, that is: She must pay my debts &c out of my effects (always excepting my negro called Ben) who I will hereafter provide for, provided there may be enough except Ben to pay and satisfy all claims against me, after leaving in their hands full as much personal property as exempt from Execution in a widow's hands by the laws of Tennessee, and should the property aforesaid fail to pay...then I desire my Executrix hereinafter appointed to sell so much of my land over the knob near and joining James Yonas as will satisfy all claims against my Estate, which said land is to be laid off and sold by my Executrix and for which she is to make title, deed &c.

Item 3rd. I desire at the death of my wife that my servant man called Ben shall choose among all my children who would he rather live with and after such choice is made two dis-interested neighbors are to assess his value and the child so chosen is to have him at this valuation, which valuation is to be thrown in the price of my land hereafter provided for.

Item 4th. My will is that all the property my wife may get under this will is to be hers in fee simple, except Ben, and my land as I now provide for. That is to say, at her death, that is, the death of my wife Susan, I desire all my land sold to the highest bidder on a credit of one half the purchase money in one and the other half in two years, retaining a lien until the whole is paid for and the proceeds to be equally divided among all my children (or their children should one of them be dead) with the understanding that my wife has full control, use of , and receive all the rents, profits &c and labor of Ben my servant during her natural life, and I do hereby appoint my wife Susan my sole Executrix with the request that my brother Jacob Miller assist her in carrying into effect this will. Witness my hand and seal This 28th day of June, 1858.

William Miller (seal)

Signed, sealed and delivered

before signed. Jacob Miller, Christian Sensabaugh


 

WILL OF GABRIEL McCRAW

Page 381 Dated: July 21, 1858

Proven: April 2, 1860

I Gabriel McCraw of the County of Hawkins and State of Tennessee, being of sound and disposing mind do make and publish this my last Will & Testament, hereby revoking and making void all former wills by me at any time made. And as to such worldly Estate as it hath pleased God to intrust me with, I dispose of the same as follows:

First. I give and bequeath unto my beloved wife Susanna McCraw during her natural life all the property both real and personal including all notes and accounts in my favor against all persons whosoever.

Second. I give and bequeath unto my grand daughter Evaline M. Godby, formerly Evaline M. Forgey who intermarried with Crockett Godby at the death of my wife my negro girl Ellen and all the children the negro girl may have living at the death of my wife.

Third. I direct that the residue of my property both real and personal shall be sold at the death of my wife at public auction on a credit of 12 months and the proceeds of such sale divided equally between my three daughters Minerva Etter, Susan Mayes and Adaline E. Senter, the rest of my children being already provided for.

And lastly, I do hereby make, ordain and appoint Samuel McCraw and William K. Mayes Executors of this my last Will and Testament, which office it is my desire they shall hold without security. In witness whereof I, Gabriel McGraw, the Testator, have to this my last Will & Testament written on one sheet of paper only, set my hand and seal this 21st Just, 1858.

Gabriel x McCraw (seal)

(his mark)

Signed, sealed and published in presence of us who have subscribed our names in the presence of the Testator and of each other: John S. Cocke Wm. Gro- and Samuel x S. W. Webb

(his mark)


 

WILL OF OLIVER C. MILLER

Page 382 Dated: August 3, 1861

Proven: March, 1862

I Oliver C. Miller being of sound and perfect mind and memory do make and publish this my last Will & Testament in manner and form following:

First. I give and devise unto my elder daughter, Martha J. Shanks, and unto my elder son, Thomas C. Miller jointly, their heirs and assigns all that my messuage or tenement including the farm on which I now live, situated, lying and being in Carters Valley in the Eighth District, Hawkins County, Tennessee, together with my freehold estate whatsoever therein, to them the said Martha J. Shanks and Thomas C. Miller jointly all that my messuage or tenement situated or lying and being on Caney Creek in the 10th Civil District of said county and state, together with my freehold estate whatsoever therein to them...jointly and their heirs and assigns forever.

Secondly. I give and devise unto my younger daughter Mary Frances Miller & unto my youngest son Samuel Goodson Miller jointly their heirs and assigns all that my interest, messuage or tenement which exists in the undivided shares purchased by me of Susan Felkner farm situated, lying and being in the above Eighth Civil District, county and state aforesaid, together with my freehold estate in the same whatsoever, to hold, to them, the said Mary F. Miller and Samuel G. Miller jointly and unto their heirs...Also, I give and bequeath unto my said younger daughter Mary Frances Miller and my younger son Samuel G. Miller to be divided equally between them when they...arrive at the age of 21 years respectively, the following slaves, namely, Hannah a woman, John Wesley a boy, Rosanna a child, together with their increase, but the guardian to have the control, use and benefit of the labor of said slaves without charge until the said Mary Frances and Samuel G. arrive at their majority.

Thirdly. I give and bequeath unconditionally unto my beloved wife Matilda Miller the following slaves, namely, Nancy Ann, Lucinda and her child James Franklin, together with their increase.

Lastly. I give and bequeath unto my said wife all debts or money due me together with all my stock of horses, cattle, hogs, sheep, etc., with all my farming utensils, wagons, ploughs, harrows &C, household furniture of every variety on hands and kitchen furniture, loom house furniture, blacksmith tools with all kinds of grains on hands or growing, to enable her-said wife Matilda-to wind up my estate successfully and to support herself and my two minor children Mary F. & Samuel G. comfortably and give each of them the schooling that she may find practicable. To this end I hereby appoint my beloved wife Matilda Executrix of this my last Will & Testament without requiring her to ruled to security by the County Court for her faithful discharge of duties therein. Further, a discretionary authority is hereby lodge by me with said Matilda Executrix to sell and dispose of either by private or public sale so much of the above recited personal property placed at her disposal as will make a sum necessary when added to the available debts now outstanding to liquidate all legal demands against the Estate. The residue and remainder of the above personal property, after all my just debts are paid out of it as indicated above are to be held and controlled solely by said Executrix Matilda Miller for her own use and benefit and for the joint use and benefit of my younger daughter Mary Frances also my younger son Samuel Goodson both minors, and to which or by whom the said Matilda is hereby designated and is hereby appointed by me Guardian to both of them...until they arrive at the age of 21, without her being ruled to bond by the County Court...when the above minors...arrive at the age of 21, then the unconsumed residue and remainder of personal property in the hands of said Guardian or its proceeds when sold, shall be divided unto three parts equally-between Matilda and my younger children, Mary Frances & Samuel Goodson, each receiving one third part thereof. My elder daughter, Martha J. Shanks & also my elder son Thomas C. Miller have been heretofore and otherwise fully provided for. In testimony whereof I have ...set my hand and affixed my seal this 3rd day of August, 1861.

O. C. Miller (seal)

Signed, sealed, published and declared by the above Oliver C. Miller to be his last Will & Testament in presence of us who have hereunto subscribed our names as witnesses in the presence of Testator.

H. Watterson, John Young



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