Page 171 Dated: June 6, 1840
Know all men by these presents that I, John Ellis, Sr. of Hawkins Co., Tennessee, being of sound mind & memory but taking into consideration the uncertainty of human life & being desirous to settle my worldly affairs, do ordain & establish this my last Will & Testament.
Imprimis. I give and bequeath to my oldest daughter Joanna Ellis the following lot of land, being a part of the tract on which I now reside. Beginning at the old beginning corner on King’s Old Line, a white oak and some gums. Then running with King’s Old Line to the stage road, then along the stage road to within 52 poles of the middle of the passage between the two pins of the houses in which I reside to a stake in the middle of the stage road. Then square off at right angles to the road 30 poles to a stake, then 52 poles parallel with the stage road to a stake in the apple orchard, opposite the middle of the passage of my dwelling house, so as to include the row of apple trees, south of said line. Thence southwardly to include the kitchen, passing through the passage of the house to a stake in the middle of the stage road. Then along the stage road to the race or branch. Then along the race to the lower end of the meadow, then to include four acres off the lower end of the meadow. Then a straight line to the beginning, including a right of way and water to the spring I use & including a right to use the timber for firewood and repairs off any of the lands I now own. To have and to hold during her natural life and at her death to be equally divided among the heirs of her body if any she have then living & in default of heirs of her own body, then to descent to my own right heirs, share and share alike. I also give to her one horse beast to be worth one hundred collars, also two cows & calves & three beds & furniture which her mother gave & which she has since made (feather beds?), and also what she may make hereafter, also the cupboard & dairy and half the furniture in them. Also her chest & my own, also two pots & two ovens, one desk. I also bequest to Joanna my negro boy George and my negro girl Francis.
In the second place, I will & bequeath to my daughter Betsey one horse beast & saddle to be worth one hundred and twenty dollars, two beds & furniture which her mother gave & what she has since made or may hereafter make for herself. Also one cow & calf & one heifer. Also my Mulatto girl Harriet, a slave for life. Also two pots and two ovens & one half of my cupboard furniture, also her chest. Also a Bureau, one book case. Also while she remains single she is to have the use of the west end of my swelling house & small room adjoining & the stale between the house & spring.
In the third place, I give and bequeath to my sons William and John as trustees in trust for the use and benefit of my daughter Nancy Fisher one tract of land where John Richardson lives amounting to one (100) hundred acres, or thereabouts, on the west end of the tract including the land in possession of Richardson, and one thousand dollars in money. The trustees aforesaid are to loan out said money at interest on the best security or vest it in some safe stock yielding an annual or semi-annual interest & to collect and pay over annually the interest to her separate use and benefit during her life unless her husband James Fisher should die or be divorced from her before her death. In that event, the principal may be paid over to her if said trustees should deem it advisable, but if she dies before Fisher and (is) not divorced from him, then said one thousand dollars and interest shall pass to her heirs, if any. If none, then it is to be equally divided among my own right heirs. The tract of land on which Richardson lives is to vest in my sons William and John, their heirs and assigns forever, in trust for the separate use and benefit of said daughter during her natural life, and at her death to the use of her heirs if any, and in default of her heirs then of my own right heirs. During the intermarriage of my daughter Nancy & James Fisher the exclusive control of the land shall be vested in said trustees and the shall have full authority either to put it into the possession of my said daughter herself or to rent it out to some body else & pay over to her the annual rents as they may deem most for her advantage.
In the fourth place, I give & bequeath to my son John Ellis one cow & calf & one bed & furniture.
In the fifth place, it is my will and desire that all the rest of my real estate not otherwise disposed of be equally divided between my sons William, Guy & John and daughters Jane Burris & Betsey Ellis, share and share alike, to them & their heirs forever, and that Orville Bradley, William Hord and Philip S. Hale be commissioners and divide the land between them.
In the sixth place, it is my will that all my negroes and other personal Estate not otherwise disposed (of) be sold and after the payment of all just claims against me, the legacy to Nancy Fisher’s use, be equally divided between my sons William, Guy & John and daughters Jane Burris & Betsey Ellis, share and share alike to each.
It is my wish that my son, William Ellis, and my friend Phillip S. Hale be Executors of this my last Will & Testament.
In witness whereof I have hereunto set my hand and affixed my seal, This 6th day of June, 1840.
John Ellis (seal)
Orville Bradley & Wm. M. Alexander
Codicil to my will heretofore made, to wit, on the sixth of June, 1840 & witnessed by Wm. M. Alexander & Orville Bradley, said will is hereby confirmed in all particulars except as it is altered by this codicil. It is my will that the following alterations and additions be made…My daughter Joanna shall have the girl Mary instead of the boy George. Instead of the land and bounds given her by said will on the north side of the stage road, she shall now have the whole of my house & yard & garden & three tows of the apple orchard joining thereto and instead of four acres at the lower end of my meadow, she is to have four acres at the upper end of said meadow. I also will & bequeath her a piece of the land I bought of Wm. Ellis adjoining the land willed to her on the south side of the stage road, beginning on the stage road at or near a white oak near the new barn. Thence southwardly to include my turnip patch & Thence on the same course to C. McKinney’s line & thence along said line to the lines of the land heretofore willed to her.
The land now willed is to be held in the same manner as that devised in my will of 1840. Joanna shall also have the other bureau and my clock in the east room, and Betsey (is to have) the clock in the west room. I hereby reduce my legacy by one thousand dollars given by my former will for the use of Nancy Fisher to Seven Hundred and fifty dollars. I give to my son John Ellis in fee simple 45 acres of the land I bought of William Ellis, to be laid off adjoining the land given to Joanna, running from the stage road to McKinney’s line to be bounded by parallel lines. The balance of the land I bought of Wm Ellis lying between the tract devised to John Ellis & the lands of Orville Bradley, I will to my son Guy Ellis in fee simple. Given under my hand & seal this 24th day of July, 1843.
Witnesses Present: John Ellis (seal)
Orville Bradley & Wm. M. Alexander
The following codicil I make to my will of 1840 & the aforesaid codicil, confirming them in all respects except as altered by this codicil: It is my will that the following alterations be made in the devise of the Richardson Place to my daughter __ Fisher, viz: The line shall begin at the orchard to include the orchard and clover field fence. Then a straight line with the clover field fence to the new fence, then with the new fence a straight course to my back line & this to be the line between & whoever of my children may get the adjoining land, to be held in the same way & same uses as provided in my first will above named, and her legacy of seven hundred and fifty dollars to be reduced to five hundred dollars to be held as vested, as provided for in my will aforesaid. It is my will that my son John Ellis shall after the death of my daughter Joanna have the house I live in & the lots around it, on the north side of the road devised to said Joanna on the north side of the road, provided Joanna should die without heirs of her body. If Joanna leaves children the said house & lots to vest in them.
It is my will that my daughter Fisher shall have the separate use of & benefit of my black girl Sarah in the same way that I have given the land to her. The said Sarah is therefore willed to my sons John & William as trustees to do with said slave and her increase in the same way as already provided in my will they are to do with the land. Given under my hand & seal this 27th Feb’y, 1844.
John x Ellis(seal)
Witnesses present: (his mark)
Josephine A. Crauder
Page 175 Dated: Mar. 29, 1852
I Thomas Ellison 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 money that I may die possessed of or I will that my wife Elizabeth Ellison sell property off the farm to pay off the same.
Secondly. I will and bequeath to my wife Elizabeth Ellison all my land during her natural life time and all my property of every description so long as she may live. Then after her death, I will and bequeath that my wife Elizabeth Elision’s two grand children, Thomas Ellison and Frances Ellison, shall have all my land and possessions equally divided between them so as to divide the house that each one can have a room and all the property of every description, except what is otherwise disposed of.
Thirdly. I will and bequeath that my son Edmond Ellison shall have ten dollars at the death of my wife Elizabeth Ellison.
In witness whereof I do to this my will set my hand and seal. This 29th day of March, 1852.
Thomas x Ellison (seal)
Signed, sealed and published in our presence,
And we have subscribed our names hereto in the
Presence of the Testator. This 29th day of March, 1852.
Attest: Urial Homs (Homes), Rob’t Cooper, John H. x Arnold
Page 176 Dated: May 19, 1852
Proven: July Term, 1852
I, Polly Everhart, do make and publish this my last Will and Testament, hereby revoking and making void all other wills by me at any time made.
First. I direct that my debts be paid and my other expenses out of any money that may be coming to me.
Second. I give and bequeath to my sister, Sally Stewart, my bed and bed clothing, also my flax wheel and reel, all my clothing, also my clock.
Lastly. I do hereby nominate and appoint David Stewart my Executor. In witness whereof I do to this my will set my hand and seal This 18th day of May, 1852.
Polly x Everhart (seal)
Signed, sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator. This 18th of May, 1852.
Jac Arnott, William x Everhart
Page 176 Dated: Jan. 24, 1859
Proven: March Term, 1859
I, William Eidson, Sr. do make and publish this my last Will & Testament, hereby revoking & making void all other wills by me at any time made.
1st. I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any money I may die possessed of or may first into the hands of my Executor.
2nd. I will, give and bequeath to my youngest son Larkin W. Eidson, all my land containing 375 acres, lying in Hawkins County, Tenn., Dist. #3, adjoining the lands of Swinefield Eidson, Isaac Bloomer & others, to have said land after my death and my wife’s after which he must pay to Creton Eidson, my oldest son, $265.00 and each of my children now living the like sum, to wit: Willson Eidson, Wm. Eidson, Samuel Eidson, Elizabeth Frost, Martha Hunter; likewise my will is…he pay to my grand children, to wit: Swinefield Eidson, John Eidson & William Klepper, $50.00 each. The above money to be paid to the above named heirs at the expiration of three years after my death and my wife Martha Eidson’s. My will is that Larkin W. Eidson has the hole control of all my lands after my death and that he take care of and provide for his mother during her lifetime.
3rd. It is my will and desire that all my personal property be sold after my death except one choice cow, one sow and pigs and all the household and kitchen furniture which I will to my wife Martha Eidson.
4th. I will and bequeath to my son Creton Eidson, $100.00 after my death out of the proceeds of my personal estate.
5th. I will and it is my (desire) that after my debts is all paid out of my property that the balance of the proceeds of my personal Estate go to my son Larkin W. Eidson if anything left.
Lastly. I nominate & appoint my Larkin W. Eidson my Executor to this my last Will & Testament.
In witness whereof I do to this my will set my hand and seal This the twenty fourth day of January, Eighteen Hundred & fifty nine.
William x Eidson (seal)
Signed, sealed & published in our presence, and we have subscribed our names hereto in presence of the Testator This January 24th, 1859.
C. A. Manis, John Starnes
Page 178 Dated: February 8, 1809
In the Name of God, Amen.
I, Andrew Forgey of the State of Tennessee and County of Hawkins, being for sometime past in a declining state of health, but of sound mind and memory, and calling to mind the mortality of all men that it is appointed to all once to die, do by these presents publish and declare this to be my last Will & Testament in writing in the following manner, Viz: After commending my soul to God and my body to the dust from whence it came, to be buried in decent and Christian manner, hoping they will be again united to the general resurrection (sic) and received into the favor of God. And concerning such worldly goods as it has been pleasing to the Almighty to bestow on me, I do dispose of in the following manner, that is to say. I desire all my just debts to be paid out of my movable property at the discretion of my Executors whom I shall hereafter name.
Item. I do give and bequeath to my son Andrew Forgey, Junior a part of the tract of land I now live on butted and bounded as followeth: Beginning on the main road opposite a cross fence about half way between where I now live and where my son Andrew lives, then along said fence and to continue the course thereof to the back line of said tract. Then with said line to a chestnut corner of said tract. Then along the line dividing my land from a tract whereon Benoni Coldwell now lives to the old road that is nearest to my son Andrew’s fence. Then with said road to the beginning, including the house and plantation whereon my son Andrew now lives.
Item. Whereas I had given to my son John Forgey another part of said tract and have made him a right to the same which he has since sold to my son James Forgey and has received payment, and I being anxious to secure the said part to James for the considerations above, I do therefore bequeath to James Forgey the said part which is bounded as followeth: Beginning on the road at the place where Andrew Forgey’s began, opposite the before mentioned cross fence, running the course of the same so as to make a straight line across the valley from one line of the grant to the other, and all the land contained in my grant between said line and the line of the tract whereon Benoni Coldwell now lives, and on the opposite side of the above mentioned road from where my son Andrew now lives, including the improvements made by John Forgey whereon Hugh Forgey now lives.
Item. I do lend to my beloved wife Margaret Forgey my negro boy Bacchus during her life, and after her decease to be equally divided between my sons Andrew and John.
Item. I do lend to my said wife the other part of my plantation (from the before mentioned cross fence) with the appurtenances during her life and after her death the title thereof to be vested in my son James Forgey.
Item. I do lend to my said wife all my goods and chattels not otherwise disposed of during her natural life and after her decease to be equally divided between all my daughters.
Item. I do give to my son Hugh Forgey $100.00 to be paid to him by my son James out of his part of the plantation.
Item. I appoint and request my beloved son James Forgey and my trusty friend Benoni Coldwell to be my Executors of this my last Will and Testament in writing. And do by these presents disannul and make void every other will or wills by me made.
In witness whereof I have hereunto set my hand and affixed my seal This Eighth day of February, One thousand eight hundred and nine.
In presence of us: Andrew Forgey (seal)
James M. Bellomy
Page 179 Dated: Feb’y 15, 1810
In the Name of God, Amen.
I Henry Felcknor of the County of Hawkins in the State of Tennessee, being sick and weak in body but sound of mind &c, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last Will and Testament in manner and form following, that is to say. I give and bequeath unto my wife Rosanna Felcknor all my household goods of every kind, and all my stock of every kind, consisting of cattle and sheep and hogs (as for horses, I have not any), during her life and then to be sold by my Executors and equally divided amongst my daughters and my grand daughters, Polly Lewis Felcknor, daughter to Louis Felcknor, deceased, (Catherine, wife to Anthony Baker, Charlotte, wife to George Baker, Elizabeth wife to Stophel Shotts, Tweday wife to Phillip P. Baker, Susan wife to Jacob Sensabaugh and my grand daughter Polly Lewis Felcknor). I allow my Executors to take an inventory of my stock at my death. I give and bequeath unto my son Jacob Felcknor the tract of land I now live on and all my lands adjoining said tract, and further I injoin it on my son Jacob to furnish his mother with every necessary she stands in need of during her life. I give and bequeath to my daughter Elizabeth Shotts the one half of the tract of land I own in Sullivan County or the value thereof when sold. I give unto my sons Phillip, Martin, George & Jacob each an equal part of 100 acres of land I purchased lying near the muscle Shoals and if sid land should not be obtained, I leave my son Jacob to pay my son Martin one hundred dollars, and lastly, I do hereby constitute and appoint my son Jacob Felcknor and Arthur Galbraith Armstrong to be my sole Executors of this my last Will and Testament.
In testimony whereof I have hereunto set my hand and affixed my seal.
This fifteenth day of February in the year of our Lord, One Thousand Eight hundred and Ten, in the presence of the subscribing witnesses.
Test: Henry Felcknor (seal)
W. Armstrong, George Argenbright, Jacob Livingston
Page 181 Dated: Feb’y 23, 1814
In the Name of God, Amen.
I, James Finley, of the County of Hawkins and State of Tennessee, being weak in body, but sound of mind and memory, do make this my last Will and Testament, revoking all others.
Item. To my two sons Samuel and William, I bequeath the plantation I now live on, to them and their heirs forever, with all my lands adjoining said tract, to be equally divided between them, they are to maintain my wife decently during her life.
To my daughter Nancy McCollough I give and bequeath my negro girl Eliza, to her and her heirs forever. To my daughter Sally Argenbright I give and bequeath my negro child named Sid. Should my negro woman Jin have any children hereafter, I give and bequeath the first born to my daughter Prudence Finley. Should she not have any more children, I give and bequeath her to my daughter Prudence Finley at the decease of my wife. I give and bequeath my negro woman Jin to my wife Prudence to dispose of as she thinks proper, her and her issue except such as is heretofore disposed of. To my wife Prudence I give and bequeath the buildings where I now live with all the movable property to dispose of as she thinks proper. And lastly, I appoint my wife Prudence and my son Samuel Finley to be my sold Executors of this my last Will and Testament. Given under my hand and seal This twenty third day of February in the year of our Lord one thousand Eight hundred and fourteen.
Witness: James Finley (seal)
Page 181 Dated: Mar. 21, 1819
Proven: Aug. Term, 1819
This is my last Will and Testament made in the year of our Lord 1819. I want the land on (the) South side Clinch River equally divided betwixt my three eldest sons, Thomas Frost, William Frost & Simeon Frost, and I want Wm. Farmer and his wife Elizabeth Farmer to have the upper end of survey down to the steep gut which lies on the north side of said river.
The remainder part of the land and what other property is left for Sarah Frost to raise the children in during her widowhood, & as the children grows up I want Sarah Frost the widow of Robert Frost to divide the land and property to be as near equal with the other children as possible. Interlined before assigned. (sic) This being my last will and Testament, whereunto I set my hand and seal, March the 21st, 1819.
Witness: Robert x Frost (seal)
R. W. Lovin (his mark)
Page 182 Dated: August 13, 1830
In the Name of God, Amen. (See original will)
I, Andrew Forgey being weak in body but sound in mind and memory do make this my last Will & Testament in manner and form as follows, to wit:
I do will and bequeath unto my beloved wife Isabella my house and one third part of the plantation, with all my farming tools, wagon excepted, which is to be given to my son John at my decease, and all my household and kitchen furniture and my negro man Bachus to my wife during her life. I do also bequeath unto her all my stock of horses, cattle, hogs & sheep so long as she may live except one horse to the value of fifty dollars and a saddle and bridle to be worth seventeen dollars which is to be given to my bound boy Harvey Taylor when he shall arrive at the age of 21 years old. At my death I do bequeath unto my son John the two remaining thirds of my land, and at the death of my wife, I do will unto said John my negro man Bachus, together with the dower that is set apart for my wife which includes all my landed possessions and all the property, stock, household, and kitchen furniture remaining at the death of my wife is to be equally distributed between my two daughters Margaret Crawford and Rebecah Crawford. And I do hereby nominate and appoint Smith Hale and my son John Forgey Executors to carry this my last Will & Testament fully into effect. In witness whereof I have set my hand and seal, This 13th day of August, 1830.
Andrew Forgey (seal)
Attest: B. Coldwell
Page 183 Dated Oct. 13, 1830
I, George Felkner of the County of Hawkins and State of Tennessee, being afflicted in body but yet sound in mind and feeling sensibly the uncertainty of this mortal life & the certainty of death, do make this my last Will and Testament.
First. My desire & will is that after my death my mortal remains be decently interred & that my funeral expenses be defrayed.
2nd. That my just debts be paid, then my property real and personal be disposed of in the following manner:
1st. I bequeath unto my wife Susan Felkner all my lands during her widowhood, but should she marry again my will is that she have her Dower as allowed by law & then my children to have their share in the lands laid off to them respectively.
2nd. I also give and bequeath unto my son John Felkner one sorrel horse three years old next spring. The remaining part of my personal property I give and bequeath unto my wife Susan Felkner including my stock of horses, cattle and hogs, sheep, farming utensils and household and kitchen furniture and other property in common not herein named which I am possessed of to her use for the purpose of raising and supporting my children, but at the expiration of her widowhood, the personal estate to be sold and equally divided among my children. I also will that my wife Susan be my sole Executrix.
In testimony whereof I have hereunto set my hand & affixed my seal, This 13th of October, 1830. In presence of :
Philip Felkner, Jacob Felkner, Wm. Armstrong, George x Felkner (seal)
Page 183 Dated: May 13, 1831
In the Name of the Father, Son and Holy Ghost, three persons but one God, I James Forgey of the County of Hawkins and State of Tennessee, calling to mind the certainty of death and yet the uncertainty of the time when, do make and ordain this my last Will and Testament in the words following, Viz: After commending my soul to God and my body to the dust to be buried in a decent Christian manner, hoping they will again be united at the general resurrection, and enjoy a glorious immortality, I proceed to dispose of my worldly goods and chattels that God has blessed me with in the following manner Viz: I allow all my just debts to be paid out of my movable property.
Item. I leave the use of the plantation I live on and my household furniture of every description to my beloved wife Margaret during her life. And the household furniture to be disposed of at her discretion, and at her decease I leave my said plantation to my son James Reynolds, together with the appurtenances, stock of all kind and farming utensils, except the lower end of the farm where I settled my daughter Polly on and her husband Dickerson Thurmon. Beginning on a hickory on or near Jacob Miller’s line which had a block chopped out of it some time past and which stands in a hollow opposite the middle of the field we call the Forty Acre field, then running straight across the Forty Acre field so as to include half of said field. Thence in the same direction to Jacob Miller’s line on to the top of the ridge, all the land on the west side of above described line I bequeath to my daughter Polly and her heirs.
Item 3. I give to my daughter Rachael a lot of land joining to the one I gave to Polly. Beginning on Miller’s line on the south side of the Forty Acre field on the same hickory that Polly’s began on and running east with Miller’s line to an ash and sassafrass, each of them has three chops of a tomahawk and stand on the east side of a wet weather branch and on the south side of a little field we call the Wet Patch and running from thence thru said wet patch and across the road to the cross fence on east side of the old clover field, then with the course of said fence to the top of the ridge, all of the land west of said line and east of Polly’s line I give and bequeath unto my daughter Rachael. I also give and bequeath to my daughter Rachael all the land that I own on the east side of the creek where I live joining Lijah Kincheloe, Thos Coldwell and David Laughmiller with the appurtenances. I also give and bequeath to my daughter Rachael a little yellow boy name Tom going on one year old. I also allow my daughter Rachael a good horse.
Item 4. I give and bequeath to the heirs of my daughter Ellen to be enjoyed by her during her life time and then to her heirs in fee simple forever, the lot of land lying on the south side of Holston River containing 73 acres or thereabouts, being the land that I bought of John Coldwell some years ago for $800.00, also 100 acres I entered joining it and Square William Armstrong’s land on the lower side of the creek, and likewise, the 50 acres I bought of William Elzy on the lower side of the creek.
Item 5. I give and bequeath to my daughter Matilda one other lot of land joining above the one before described conveyed to me by Joseph Woods containing three or four acres, likewise one lot of one acre, a mill seat. I also bequeath to my daughter Matilda one little yellow girl named Sarah about three years old. I also allow Matilda to have a good horse.
Item 6. I give and bequeath to my daughter Betsy and her husband John Harlan one other lot of land joining still above which I bought of Soloman Walters and joining to John Lyon’s land, containing 64 or 65 acres with an equal share of what upland I own in the upper or east side of Terrels Creek.
Item 7. I give and bequeath to my two grand daughters Eliza and Malvinia Rogers the 160 acres of land I bought of Alexander M. Broom lying in Illinois, also the 160 acres of land I bought of Thomas Bray lying in Missouri or Ark., and each of them to have an equal interest in both.
Item 8. I request my son James to give to my grandson John Rogers a tolerable good horse, saddle and bridle, say worth sixty or seventy dollars.
Item 9. All the up land that has not been named in the above items that I own on the south side of Holston River I wish to be divided between Matilda and Betsy.
Item 10. I leave my yellow boy Joseph and his wife Peggy to my beloved wife during her life, and at her decease for them and their issue to be equally divided amongst my daughters, and it is my request that James would keep them at a moderate price and for them not (to be) separated themselves, but their children may be divided between the girls.
Item 11. All the land that I own on this side of Holston River that has not been disposed of in any of the above items I leave to my son James at the decease of my beloved wife.
And I do hereby appoint my said beloved wife Margaret and my said son James Reynolds Executors…of this my last Will and Testament/
In testimony whereof I have hereunto set my hand and seal This thirteenth day of May, in the year of our Lord one thousand eitht hundred and thirty one.
N.B. The word "plantation" and the words "I leave my said plantation" on first page were interlined before signing.
James Forgey (Seal)
Signed, sealed, published and declared by the said James Forgey to be his last Will and Testament in the presence of us:
S. Powel, William Lyons, Thomas Coldwell
Codicil to the last Will and Testament of James Forgey. Whereas I James Forgey of the County of Hawkins and State of Tennessee did make and execute my last Will & Testament bearing date of 13 May 1831, and still remaining of sound disposing mind for which I do thank Almighty God for his kind favor bestowed on me, and wishing to alter and amend said will in the following particulars:
1st. It is my will that instead of my debts being paid out of my movable property that they be paid by my son James Reynolds Forgey except as hereafter excepted. I consider the land I willed to him of more value than any other lot.
2nd. It is my will that the lots devised by my will to my daughter Polly’s heirs, my daughter Rachael, and my son James R. run no further north nor out of the land I purchased of James Hagan except as hereinafter described. That is, all the land that I own lying north and wet of said tract purchased of Hagan to be equally divided between the three according to quality and quality.
3rd. It is my will that the land I purchased of John Coldwell, Soloman Walters and Elijah Kincheloe, lying on the south side of Holston River and not included in what is know as low ground or river lots that is all the land that I own back of the river lots to be divided equally between my three daughters, Ellen Rogers, Matilda Miller and Betsy Horton agreeable to quality and quantity, to be laid off that their back lands will join their river lots.
4th. It is my will that at the decease of my beloved wife, my boy Jo have the choice of a master amongst my children for himself and wife. Said negroes to be valued at a moderate price to whomsoever of my children Jo may choose to live with, and their value to be equally divided between my daughters Ellen, Matilda, Betsy and Rachael and the children of my daughter Polly dec’d. Polly’s children together to have an equal share with my daughters, but if I should hereafter contract debts the proceeds of said negroes Alsy & Robert be disposed of as follows: Alsy to son-in-law John Harlon and Cornelius C. Miller in trust for my daughter Ellen during her life; my daughter to have the use of and control over her during her life and at her death said negro to go to her heirs. I will and bequeth the said boy Robert to my daughter Betsy.
5th. It is my will that my two small negroes Alsy & Robert be disposed of as follows: Alsy to son-in-law John Harlon and Cornelius C. Miller in trust for my daughter Ellen during her life; my daughter to have the use of and control over her during her life and at her death said negro to go to her heirs. I will and bequeth the said boy Robert to my daughter Betsy.
6th. In addition to what I have already bequeathed to my son James, I bequeath to him at the decease of my beloved wife all the personal property that my be then on hand and not disposed of by my (earlier) will and this codicil. In testimony whereof I have herewith set my hand and seal This 29th day of August, 1834.
James Forgey (seal)
Signed, sealed, published & declared by the said James Forgey to be a codicil to his last Will and Testament.
S. Powel, Geo. R. Powel, Thomas Coldwell
Page 187 Dated: Mar. 27, 1837
State of Tennessee, Hawkins County
Whereas human life is at all times uncertain and whereas I, Rachael Forgey am weak in body but of sound disposing memory, and whereas it is my wish to dispose of my property myself and arrange my own affairs, therefore, I do ordain and publish this my last Will & Testament, revoking and annulling all others. In the first place, it is my will that all just claims against me for my funeral expenses and of all other descriptions shall be first paid. In the second place, it is my will that after such payment of debts & charges all the rest of my property both real & personal shall go to my mother, Margaret Forgey for her in fee simple to be at her absolute disposal by deed, will or otherwise except that I will to each of my sisters: Rogers, Harlon & Miller each one feather bed and furniture, & it is also my request that my mother shall divide what household articles I may leave at my death among my sisters. & I do hereby constitute & appoint my brother James R. Forgey Exec. Of this my last Will and Testament. In testimony whereof I the said Rachael Forgey have hereunto set my hand & affixed my seal This 29th day of March, 1837.
Rachael Forgey (seal)
Signed, sealed and acknowledged before
us: Orville Bradley
Page 188 Dated: June 19, 1838
State of Tennessee)
Hawkins County) Know all men by these presents that I, Daniel Flora of the County of Hawkins and State aforesaid do make, ordain and foreordain this to be my last Will and Testament. First and foremost, I want my body to be buried in good Christian burial. Next, I want all my just dues, debts and demands satisfied. I bequeath unto my wife Charlotte Flora one year’s substance. I bequeath unto my son Joseph one fourth part of my land including the building where I now live by him maintaining my wife Charlotte during her life. The rest to be divided among my three sons: Jacob, Daniel, and Abraham by giving Daniel $30.00, Jacob, Joseph and Abraham to pay the $30.00 out of the value of their part in the land. I bequeath unto my five daughters each $100.00 apiece, Viz: Nancy, Charlotte, Polly, Lucinda and Evline.
I leave my son Joseph Executor of my will and also Guardian of the minor heirs by his giving bond and approved security.
Daniel x Flora
Signed and delivered and acknowledged in the presence of us in the year of our Lord the 19th of June, 1838.
Page 189 Dated: April 28, 1840
Be it remembered that I, Daniel Flora, of the County of Hawkins and State of Tenn., being weak in body but of sound mind and memory, do make this my last Will and Testament.
First. My will and desire is that all my just debts and funeral expenses be first paid and satisfied out of my Estate.
Secondly. I will and bequeath to my beloved wife Nancy all my estate of every description whatever, consisting principally of horse beasts, cattle, hogs, some farming utensils and household furniture, and do hereby nominate and appoint my said beloved wife Nancy Executrix of this my last Will and Testament, and my will and desire is that my Executrix be not required to give and security for the due execution of this my said last Will and testament.
In testimony whereof I have hereunto set my hand and seal This 25th day of April, in the year of our Lord one thousand eight hundred and forty.
Daniel x Flora (seal)
Signed, sealed and acknowledged in the presence of us:
Jas. M. Armstrong
Page 189 Dated: November 30, 1841
In the Name of God, Amen.
I, Thomas A. Fletcher of the Count of Hawkins in the State of Tenn., being of perfect sound mind & memory, but at the same time knowing the certainty of death and the uncertainty of life and being far advanced in years, do make, ordain and publish this as my last Will and Testament.
First. To my son John P. Fletcher I give and bequeath one lindsey suit of clothes now wore by me, consisting of coat, jacket & pantaloons.
2nd. To my son William I give a receipt in full for all he owed me.
3rd. To my son Thomas a clean discharge of all debts due me and the same to my son James.
4th. To my daughters Janey Herrin, Polly O Daniel, Peggy Fletcher & Frankey Etter I also give receipts in full for all claims I hold on them and their husbands.
5th. And in consideration of the kind treatment and attention I have & am now receiving from my son-in-law Anthony Smith & his wife Elizabeth, my daughter, at whose house I am now living under their care and attention, I give and bequeath all the remainder of my Estate both real and personal for the reason that I have given my other children their full share of my Estate, and they have no cause to complain. Inasmuch as my dearly beloved daughter Elizabeth and her husband Anthony Smith have been supporting and taking care of me, and still intend to do so therefore, I more cheerfully make them my my sole heirs and devisees of what ever estate I may possess at my death.
6th. I desire that I may be decently intered at the place where I am now living, at Anthony Smith’s in Hawkins County.
7th. I hereby nominate and ordain said Anthony Smith to be my sole Executor and request that the Court shall not require any bond and security of him as Executor of my Estate.
In testimony whereof I hereunto set my hand & seal This thirteenth day of November in the year of our Lord, 1841.
Test. T. A. Fletcher (seal)
Stephen Johnson Decease
Beverly O. Ford
William D. x Johnson
"Sole heirs an devisees of whatever Estate I may leave at my death"
Page 190 Dated: Dec. 20, 1843
Proven: 6th April 1846
In the Name of God, Amen, I Margaret Forgey of the County of Hawkins and State of Tennessee, being sensible that according to the law of nature that I must shortly leave this world and trusting and hoping to receive the reward of the righteous made perfect in the world to come; and being of sound mind and disposing memory do make and publish this my last Will and Testament in the words and figures following, to wit:
First. I give and bequeath unto my son James R. Forgey two tracts of land and one negro boy named Tom, being the same tracts of land and negro which were bequeathed to me by my beloved daughter Rachael, but my son James is to pay all the just debts against the estate of my daughter Rachael, and all my debts and funeral expenses out of the bequest. And he is further to pay out of the bequest above written, Four hundred dollars to Eliza M. Cocke and Malvina M. Conner, the being my grand daughter, which said sum of Four hundred dollars is to be equally divided between my grand daughters, and the same to be paid to them in a short time after my death, and after which payment above directed, an absolute title in fee simple to the lands and negroes aforesaid is to vest in my son James Forgey and his heirs forever.
Secondly. I give and bequeath to my grand daughters Eliza M. Cocke and Malvina M. Conner, all the right title, claim and interest I have in and to the slaves Joe and Peggy and the issue of Peggy, which was bequeathed to me by my beloved daughter Rachael aforesaid, to be divided equally between my grand daughters aforesaid, to have and to hold to them and their children forever.
And further, having full confidence in the fidelity of my son James R. Forgey, I do hereby nominate, appoint and constitute him Executor of this my last Will and Testament, hereby revoking all former wills and codicils, which I may have made and published.
In witness whereof I have hereunto subscribed my name This 20th day of December, 1843, in presence of:
Margaret Forgey (seal)
R. B. Reynolds
Page 192 Dated: October 3rd, 1844
Proven: March 3, 1845
October the 3rd, 1844
Decently buried and all the just debts to be satisfied, his wife Christine its his will that what properties and lands &c is to be given up to her as her own rite and properties to dispose of at her wish and the heirs is to have one dollar each, and at her death is to be equally divided among the heirs. It is his request also that an unjust note from Ann Strong and Fulkerson that he swore off before Pleasant Begley an acting Justice of the Peace which is not to be paid and by these presents he has set his hand and fixt his seal in the presence of
Robert Frost, Russel F. Belcher John Fletcher (seal)
William A. Hix, Henry Fletcher
Polly x Smith
Page 192 Dated: Jan. 31, 1849
Proven: April Term, 1849
I James L. Fulkerson do make and publish this my last Will and Testament hereby revoking and making void all other wills by me at any time made.
First. I give & bequeath to my wife Alice G. Fulkerson all my personal property, household and kitchen furniture, beds & bedding, all the cash and all the debts due to me, and out of which I direct her to pay all the debts owed by me.
Secondly. I give and bequeath to my wife Alice G. the lot of ground bought by me from Wm. R. Armstrong on the street opposite Doctor H. Walker, the plantation owned by me in Grainger County, Tennessee, formerly owned by my father Abram Fulkerson and where now resides (sic) to be sold and out of sale $1,400. Shall first be paid over to my wife Alice G., and whatever over that amount the land may sell for to be placed in the hands of my brothers Sam’l V. Fulkerson and Francis M. Fulkerson as Trustees who will loan out on safe security the amount received by them at the close of each year thereafter to pay all the interest accruing on said amount to my mother Margaret Fulkerson during her lifetime for her sole benefit and use, and at her death I bequeath the principal to my two sisters Harriet and Catharine Fulkerson, to be equally divided between them.
Lastly. I do hereby nominate & appoint my wife Alice G. Fulkerson Executrix and brother Sam’l V. Fulkerson Executor. In witness whereof I do to his my last Will set my hand and seal. This 31st day of January 1849.
Test. James L. Fulkerson (seal)
Carmichael, Hiram Fain
Page 193 Dated: June 24, 1849
I Nicholas Fain of the County of Hawkins and State of Tennessee do hereby make and publish this as my last Will and Testament, hereby revoking and making void all other wills by me heretofore 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 I may die possessed of, or that may first come into the hands of my Executors.
Secondly. I will and bequeath to my wife Elizabeth my negro woman Polly, also one half of my household and kitchen furniture, excepting my secretary and book case, also a good riding horse, saddle and bridle.
Thirdly. It is my will and desire that the portraits of myself and my wife Elizabeth, painted by Samuel Shaver be the property of Elizabeth until her death, after which they shall belong to my son Richard G. Fain and his wife Elizabeth R. Fain.
Fourthly. It is my will and desire that my Executors hereinafter named shall pay to my wife Elizabeth nine hundred dollars in cash provided she will receive the same in lieu of her dower.
Fifthly. I will and Bequeath to my son Hiram Fain my silver patent lever watch.
Sixthly. It is my will and desire that my Executors pay to my son Richard G. Fain three hundred dollars in cash to indemnify him for putting up a more costly dwelling house than was at first contemplated, on that part of my tract of land leased by me to him, and also to indemnify him for his part of a supposed loss sustained by the firm of T. G. FAIN & CO. on account of the debts sold and transferred by me to the firm.
Seventhly. I will and bequeath to my son John H. Fain my negro man Alexander, usually called "Ellick", a blacksmith by trade, to be hired out by my Executors for the benefit of my said son John and the hire to be paid to him semi-annually, and my said Executors are hereby authorized to sell said negro man Ellick with the consent of my son John if they shall consider it advisable to do so, and the proceeds of said sale shall remain in the hands of my Executors and be subject to their control as a trust fund for the benefit of my son John, to be kept regularly loaned out at interest in safe hands, and the interest paid semi-annually to my son John H. Fain.
Eightly. It is my will and desire that my Executors pay the sum of one hundred and fifty dollars to my son George G. Fain to indemnify him for his part of a supposed loss sustained by the firm of T. G. FAIN & COMPANY on account of the debts sold and transferred to said firm, also to son George all of my law books.
Ninthly. It is my will and desire that all the residue of my property of every description, both real and personal, not hereinbefore specifically bequeathed or disposed of, shall be equally divided share and share alike between my wife Elizabeth and my six children (to wit): Hiram Fain, Nancy McCarty, Richard G. Fain, John H. Fain, Eliza Ruth Powel and George G. Fain, and in making this last mentioned distribution of my property among my wife and children, each one of my said children shall account for all advances heretofore made by me to them respectively, without interest thereon, which advances were specifically set forth in my hand writing, in a red Morocco memorandum book with my name printed in gilt letters on the side thereof, and with said distribution my sons Richard G. and George G. Fain who constituted the firm of T. G. Fain & Company shall account for the balance that may be due at my death on a note which I hold on the firm of T. G. Fain & Company, also the balance that my be due me at my death on a note held by me on George R. Powell, shall be accounted for in adjusting or settling the distributive share as above set forth to my daughter Eliza Ruth Powell, also the balance that may be due at my death on a judgement in the Circuit Court of Hawkins County in favor of T. G. Fain & Company against James R. McCarty and transferred to me by R. G. Fain & Company, shall in like manner be accounted for in adjusting or selling the distributive share as set forth above to my daughter Nancy McCarty, and it is also my will and desire that the interest on the two above last mentioned notes and also the interest on the above mentioned judgement shall cease at my death.
I hereby constitute and appoint my two sons Hiram Fain and Richard G. Fain Executors of this my last Will and Testament.
And I do hereby fully authorize and empower my said Executors to sell or dispose of at public or private sale, either the whole or any part of the property not herein before specifically bequeathed or disposed of, and to make all needful transfers or conveyances therefor, provided they shall in their discretion consider that such sale will be for the interest of the distributees and will facilitate a fair distribution and speedy settlement of my estate.
Lastly. It is my will and desire that in the general distribution of my property herein before set forth in the Ninth item, whatever distributive share shall fall to my daughter Nancy McCarty or to my son John H. Fain, shall be deemed and held in the hands of my Executors as a trust fund for the benefit of said distributees during their natural lives, the interest or profits of which shall be paid to them respectively semi-annually, and at their death their respective distributive shares shall be equally divided among their legal heirs. And if my son John H. Fain should die without legal heirs, it is my will and desire that in that event his distributive share as herein before set forth shall be equally divided among his brothers and sisters or their heirs. And in case of the death or removal of my said Executors, or their refusal to take upon themselves the execution of the trusts above set forth, or the trusts set forth in the Seventh item hereof, then and in that case, it is my will and desire that the Chancellor of the Chancery Court of the District including the County of Hawkins shall appoint a Trustee who shall enter into bond with security to be approved by the Chancellor for the faithful execution of said trust. The word "dollars" in the twentieth line and the word "three" in the twenty-fifth line, both on the first page, interlined before signing.
In testimony whereof I have hereunto subscribed my name and affixed my seal. This 24th day of June, 1849.
N. Fain (seal)
Signed by Nicholas Fain the Testator in the presence of us, who in his presence have subscribed our names as witnesses.
S. D. Mitchell
Page 196 Dated: May 12, 1853
Proven: Jan’y Term, 1854
Calling to mind the uncertainty of human life, I make this my last Will and Testament in the following manner:
I appoint my wife Executrix to have full power to manage my property without security, and in the first place that she pay all my just debts. And I further give all my property, notes, cash and all claims to my beloved wife, except hereafter mentioned in this my will.
I give the East end of my farm, the line to run with fence on through straight between the large field joining C. C. Miller and the flat field on the road, to my son Gabriel at the death of my wife. I give my daughters each a horse, saddle and bridle, or one hundred dollars in cash, as my wife may choose, and also that each of my daughters have two servants girls to be selected by my wife. Given under my hand and seal the date above written.
J. R. Forgey (seal)
Witness: John Young, David Laughmiller
Page 196 Dated: August 26, 1853
Proven: Sept. Term, 1853
I John H. Fain do hereby make and publish this my last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. First. I will and bequeath that all my just debts and funeral expenses be paid out of the first money that may come into the hands of my Executor. Secondly. I will and bequeath to my brother George G. Fain Two hundred dollars. Thirdly. I will and bequeath to my brother Hiram Fain, one hundred dollars. Fourth. I will and bequeath to my sister Nancy McCarty formerly Nancy Fain Fifty dollars. Fifth. I will and bequeath to my sister Eliza R. Powel formerly Eliza R. Fain, Fifty dollars. Sixth. And whatever may remain after satisfying the above bequests, I will and bequeath that the same shall be equally divided between my brothers Hiram Fain, Richard G. Fain and George G. Fain. Lastly, I appoint George G. Fain my Executor. In testimony whereof I have hereunto set my hand and seal This 26th day of August, 183.
John H. Fain
Signed, sealed and published in our presence and we have subscribed our names in the presence of the Testator. This the 26th day of August, 1853.
Hiram Fain Junior
Page 197 Dated: 27 Dec., 1855
Proven: Aug. 11, 1865 (Min. P. 41)
I James Francisco of Hawkins County, 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 writing, revoking all wills by me made before this date. First, my wish and desire that all my just debts be speedily paid with my buring expenses.
Secondly. I give to my daughter Phebe Adaline Vaughan, formerly P. A. Francisco, a tract of land including the house and other buildings on said land. Lot #1 which will show by the Platt herein enclosed. The division line between Phoebe A. & my son Jackson W. Francisco – Beginning on the side of Stage Road, on the southwest corner Elizabeth Vaughan’s lot of six acres. Then with the dividing line of the two lots Phebe, Wilfloy & Elizabeth Vaughan, N23 W18 poles to a stake in the middle of the great road. Corner of two lots, Then running with the middle of the pass way to the head of the spring. N23 W18 poles to a stake in the middle of said pass way. Then west
two poles to stake. Then N24 W14 poles to a stake opposite or nearly so-to the spring. Then N35 W170 poles passing through the field to a black oak & hickory on the ridge about two poles west of the northwest corner of the Hill field. Then west six poles to three white oaks on the top of a ridge. Then N36 W26 poles to a white oak on a rockey point. Then N37 E18 poles to a large Spanish oak on the side of a small ridge. Then N21/2W50 poles to two white oaks on Barnes’ line, which line passes through a pond on the top of the ridge, which lines of the division between Phebe A. & Jackson W. I give
all my land on the north side of the Stage Road & on the east of said division lines to P. A. Vaughan and her heirs, containing 180 acres, be the same more or less. I also give Phebe A. my daughter all my household & kitchen furniture with my weaving loom, except my cooking stove, my beds and steads, clock, cupboard & Bureau 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 say property (sic) to the value of fifty dollars in the settlement of my Estate that she 2d when married.
Thirdly. I give my son Jackson W. Francisco all my land west of the division line which more fully show by the platt* herein enclosed (sic), including the house where Jessy Cloud now lives on the south side of the road, The house where Les King lives and the old Comfort houses containing 270 acres more or less, and charge him with money and property advanced to him, say $500.00.
Fourthly. I give to my son William B. Francisco his heirs, three slaves Carson 45 years old a man, Lucy a woman 33 and her daughter Mary 16 years and charge for property advanced to him $100.00. All the above land and negroes shall be valued by the following men: Robert Cooper, Nathan Wells, Eldridge Hord, Joshua Phipps, Robert Netherland & Phillip Critz, and if any of the (above) named men should die or leave the country, any three of them shall be sufficient and their valuations shall be final.
The lands to be valued and negroes at cash valuation the land & improvement. (sic) Each lot shall be valued and a deduction made on each lot of $400.00 on account of the land of their mother is attached to said lots as they have divided their mother’s land to take effect at my death which I have included their deeds in this will. I got two negroes by Jack and Adaline’s mother worth, say $400.00 each after paying them each four dollars. My wish is for my Executors to divide my Estate equally 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, share and share alike. I hereby empower my Executors herein named to sell three shares I have in a tract of land in Virginia, Scott County (of) 400 acres, which is a fourth of said tract including the Calebriate Spring, which is undivided, if I no not sell the same before I die and make a special warrantee deed of conveyance to the same—either at private or public sale—the same to be equally divided as heretofore. My will is that if I have a crop commenced that my family and stock should be permitted to remain with the premises until the crop 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 if I was living until said crops shall be gathered, and may be divided equally among my children without a sale of the same. And any property I have not specially willed may be divided by my children if they so wish and can agree to the same without a sale. My daughter P. A. Vaughan and her children, she being an unfortunate person, I hereby agree that she 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 laid our for their benefit as she agrees for us to be even & no charge to be made by either of us. As my son Wm. F. 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 & my son Jackson my Executors of this my last Will and Testament in writing. My wish is that after defraying necessary expenses and paying for their services that they may divide my estate equally among my three children, agreeable to my directions herein set forth—that they keep a valuation of the land & negroes & return the same to Court so that there may be a record of the same, a account of value of my other property & take a receipt from each child what they have rec’d.
I will enjoin it on some of my Executors at my death to take an inventory of my property that is not specially willed and the same returned to Court. In furnishing this my last will, I have been influenced outly by what I consider is right & just. I wish my children to act like Brothers and Sisters and be friendly.
In Testimony whereof I set my hand & affix my seal, Dec. 27th, 1855.
James Francisco (seal)
Signed and acknowledged before us:
Asa Hopkins, Joseph W. Clark,
Charles x Murdock, Jeremiah x Cloud.
(his mark) (his mark)
Mathew Marcus Lynch, John P. Hamilton
We, Robert Cooper, Phillip Critz & (E.) Hord appointed commissioners by the Will and Testament of Jas. Francisco, dec’d met this day at the house of s’d Jas. Francisco, dec’d, and have proceeded under the will to value the land, lot No. 2 as described in the will at $2,833.331/3 to J. W. Francisco, and lot No. 1 to Phebe Adaline Vaughan at $2,032.331/3, and five negroes: Carson at $350.00, Lucy at $333.331/3, and Mary and her children at $1,111.331/3 to W. B. Francisco.
Eld Hord, P. Critz, Rob’t Cooper
State of Tennessee )
Hawkins County ) Personally appeared before me, James Lackey, Clerk of the County Court of said County Jeremiah Cloud and Charles Murdock subscribing witnesses to the foregoing agreement, who being duly sworn according to law depose and say that they are personally acquainted with Phebe A. Vaughan and Jackson W. Francisco the makers thereof and heard them severally acknowledge the same to be their act and deed for the purposes therein contained. Witness my hand at office the 7th day of August, 1865.
James Lackey, Clk
By J. H. Vance, D. Clk.
Page 202 Dated: November 24, 1856
Proven: Dec. Term, 1856
I, Rachel Forgey knowing the uncertainty of life and the certainty of death and being weak of body but sound of mind and memory, do hereby make and constitute the following my last Will and Testament, to wit:
Item First. My will and desire is that my body be decently buried in a plain manner, and that all my funeral expenses and just debts be paid in the first place.
Item second. My will and desire is that my two step daughters, Manerva and Matilda Forgey and my own daughter Susan Forgey, have each one negro girl, in addition to those left them by their father, all to be set apart to them by my Executors hereafter appointed, each of them two good beds and furniture, to be set apart in like manner.
Item Third. My will and desire is that my son James R. Forgey have in fee simple all the lands that I may die seized and possessed of, it being the land I inherited by the last Will and Testament of my husband James R. Forgey, and in addition to the land, my Executors to pay to him, the said James R. Forgey the sum of six thousand dollars in cash or negroes belonging to my Estate, to be decided by them and paid accordingly. The reason for this bequest is that his father provided for my son Gabriel in his will and did not for James, and this, I think, will make James nearly equal with Gabriel.
Item Fourth. My will and desire is that my Executors sell all the residue of my property of every kind whatever and such credit as is usually given in such cases, and our of the proceeds of the same, and out of the residue of my Estate of all kinds, I desire them, first, to pay my daughter Susan Forgey Three thousand dollars ($3,000.), if so much there be, and all the residue if any to be equally divided between my three children, Susan, Gabriel and James R. Forgey. I further request that my two step daughters, Manerva and Matilda and my daughter Susan have a home with my son Gabriel at the old place, so long as they remain single.
I do hereby nominate and appoint C. L. Miller and John Young Executors of this my last Will and Testament. In testimony whereof I have hereunto set my hand and seal This 24th day of November, 1856.
Signed, sealed and acknowledged Rachel Forgey (seal)
In presence of us,
David Laughmiller, John Young
Page 238 Dated: May 25, 1801
In the Name of God Amen. I, Daniel Hamlen of Hawkins County, being very weak in body but of perfect mind & memory do make this my last Will & Testament. First, I leave my beloved wife Rosamond in possession of all the land and plantation, for the support of my wife an family of children until my son Pascal shall rise to the age of 20 years, then for him to take his land in possession which shall be hereafter mentioned and so in rotation with the rest of my sons as they shall rise to the age of 20 years, as their land shall be mentioned hereafter. I also leave her in possession of the land and houses whereon I now live with a reasonable support out of the profits of the land for her support alone during her life or widowhood, and at her death or marriage for the said land to return to the use of my sons. I also give to my wife one negro man named Abram, also my chesnutt mare and black mare, four cows an calves of her choosing, all my hogs, sheep, one big plow & the rest of my farming utensils, all my household & kitchen furniture (except one good feather bed and furniture to each of my daughters not yet married) to her and her heirs forever. I give to my daughter Polly one negro girl named Charity to her and her heirs forever. I give to my daughter Susannah one negro man named Jacob, one good feather bed & furniture, to her and her heirs forever. I give to my son Pascal 100 acres of land I bought of Wm. Cox joining Henry Burem & John Rice, lying on the south side of Holston River to him and his heirs forever. I give to my son Edwin the 100 acres of land I bought of John G. Fletcher, to him and his heirs forever. I give to my sons Henry & Frank the land I bought of Richard Fletcher containing 150 acres, to be equally divided between them by running a direct line from the river (Holston) out towards Beech Creek, observing Henry shall take the Lower part and Frank the upper part, to them and their heirs forever. Also if one of my three sons-Edwin, Henry or Frank-should decease before coming to the age of twenty years, the deceast's part of land shall be divided between the other two. I give to my daughter Sally $333.33 to be levied of my stock & utensils not yet mentioned, one good feather bed and furniture, to her and her heirs forever. I also constitute & ordain my wife my sole Executrix of this my last Will & Testament.
In witness whereof I have set my hand & seal.
Daniel Hamlen (seal)
This 25th day of May, 1801. witnesses Present: Mary x Buram, Henry Buram, Sam'l x Spears, Lincoln Amis, James Gordon
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