I Jesse Thomas of Cumberland County do make and publish this my last will and testament hereby ordaining all other and former wills void and of no effect.
1st I will and direct my Executrix and Executor or either of them sell as they may see fit the land of the plantation whereon I now live and the proceeds of the same with a further sum not exceeding L400 be in a tract or tracts of land laid within the state of Tennessee which said land so purchased shall be to the use of my wife Mary Thomas during her natural life with the privilege of making? such labourers as I shall provide for her by this will or the same and at her death that the said land be equally divided between my sons John Thomas, Anthony Hoggett Thomas and Nathaniel Hoggett Thomas to them and their heirs forever. It is my will that each of my said sons John, Anthony and Nathaniel as they arrive of age they be allowed to the benefit of sitting on one hundred acres each of the said land during the lifetime of their mother Mary Thomas and make such improvements as they shall see fit which is not to be considered as in the state they receive the same which improvements so made shall be on that part which will include his equal third part at the death of my wife.
2nd I give my tract of land whereon Job Howell Thomas now lives which is that remaining part of a tract I purchased of Willis Wilson's to be equally divided between my sons Job Howell Thomas and Phinehas Thomas to them and their heirs forever.
3rd I give to my daughter Betsy Wilkerson two negroes Cuff and Judy which they have in their possession to her and her heirs forever.
4th I give to my daughter Nancy Scruggs two negroes Keziah and Ned which she has in her possession to her and her heirs forever.
5th I give to Job Howell Thomas old negro Charles and 200 dollars to him and his heirs forever.
6th I lend to my daughter NELLY GLOVER Joe, Sall, Reuben, Agg, Charles and Davy during her life and at death I give said negroes Joe, Sall, reuben, Agg, Charles and Davy with their increase to be equally divided between her children to them and their heirs forever.
7th I give to my son Jesse Wood Thomas one negro Ned which he has in his possession to him and his heirs forever.
8th I give to my son Phinehas Thomas two negroes York and Joice to him and his heirs forever.
9th I give to my daughter Jenny Thomas two negroes Charity and Franky and to her and her heirs forever.
10th I give to my daughter Polly Thomas two negroes achel and Agga daughter of Gill to her and her heirs forever.
11th I give to my son John Thomas two negroes John and Manuel to him and his heirs forever.
12th I give to my daughter Porcia Thomas two negroes Nancy and Sall to her and her heirs forever.
13th I give to my son Anthony Hoggett Thomas three negroes Johnson, Sophia and Corsia to him and his heirs forever.
14th I give to my son Nathaniel Hoggett Thomas three negroes Pleasant, Henry and Clara to him and his heirs forever.
Lastly I lend to my wife Mary Thomas during her natural life the following slaves to wit Johnson, the older, Frank, Dick, Bob, Walt, Jim, Sam, George, Sampson, Jacob, Gill, Dinah, Jude, Alse, Molly and Betty and all the rest and residue of my estate of whatever it may consist subject to the payment of my just debts and the support of my aged mother in the most comfortable way to her with such of the aforesaid children as are single and unmarried who choose to remain and enjoy the comforts of her house in common so long as they are single or my wife Mary Thomas shall live and at her death I will and direct that the estate lent to my wife Mary Thomas except the land be equally divided among my following children to them and their heirs forever Nancy Scruggs, Job Howell Thomas, Phinehas Thomas, Jenny Thomas, Polly Thomas, John Thomas, Porcia Thomas, Anthony Hoggett Thomas, Nathaniel Hoggett Thomas. It is my last will and desire that my wife Mary do remove the said property to the state of Tennessee where it is directed for the proceeds of land I now live on to be laid out for her use and benefit set forth in the first clause of this will. I do nominate and appoint my said wife Mary Thomas executrix my son Phinehas Thomas and my son in law Finch Scruggs executors to my last will and testament request and requiring that the court will not hold them or either of them to bond or security for the discharge of their duty. In testimony whereof I have this 9th day of March, 1805 set my hand and affixed my seal in the presence of Willis Wilson, James Matthews, Elijah Glover.
Be it further remembered that in my will that each of the aforesaid unmarried children shall be furnished with a bed and furniture at their marriage or when they shall see fit to leave their mother. Reuse as witness my hand and seal this day above written W. Wilson, James Matthews, Elijah Glover. Jesse Thomas - seal
Memorandum - This 4th day of May 1805 by way of codicil to this within last will and testament which is to be taken and considered as a part of the written will that is to say it is my will and desire that Jesse Wood Thomas, Betsy Wilkerson and Nelly Glover shall be entitled to and receive an equal proporation with the rest of my within named children of that part of my personal estate but my wife Mary which is directed to be divided at her death and that part which shall be allotted to Nelly Glover I lend to her during her natural life and at her death to be equally divided among her children in testimony whereof I have this day affixed my hand and seal in the presence of N.B. the word *personal interlined before signed and signed by W. Wilson, Elijah Glover and Jesse Thomas - seal -
Cumberland July Court 1805 - 22nd - This last will
and testament of Jesse Thomas was exhibited in court
and proved by the witnesses thereto and ordered to be
recorded and on the motion of Phinehas Thomas one of
the executors therein named, certificate is granted him
for obtaining a probate thereof in due form he having
taken the oath according to law. Liberty is reserved
the other executrix and executor to qualify when they
Sam Hobson, clerk.
* The word personal as contained in the phrase
"receive an equal proportion with the rest of my
within named children of that part of my PERSONAL
estate" had a line marked through it.
FROM WILLS, BOOK F. ,VOL.1, MAURY CO., TENNESSEE
PAGE 113 WILL OF SAMUEL GRIGG
PROVEN AUGUST TERM, 1856
I SAMUEL GRIGG DO MAKE AND PUBLISH THIS IS MY LAST WILL AND TESTAMENT,HEREBY REVOKING AND MAKING VOID ALL OTHER WILLS BY ME AT ANY TIME MADE.
" FIRST, I DIRECT THAT MY FUNERAL EXPENSES AND ALL MY DEBTS BE PAID AS SOON AFTER MY DEATH AS POSSIBLE OUT OF ANY MONEYS THAT I MAY DIE POSSESSED OF, OR MAY FIRST COME INTO THE HANDS OF MY EXECUTOR.
"SECONDLY, I GIVE AND BEQUEATH TO MY SONS PATRICK H. AND SAMUEL J GRIGG MY HOME TRACT OF LAND ON WHICH I NOW LIVE, CONTAINING BY ESTIMATION ONE HUNDRED & NINETY FOUR ACRES, AND ALSO IT IS MY WILL THAT MY AFORESAID SONS KEEP TOGETHER ALL MY PERSONAL AND LOOSE PROPERTY FOR THE PURPOSE OF TAKING CARE OF AND MAINTAINING OF THEIR MOTHER , MY BELOVED WIFE. IT IS ALSO MY WILL THAT THE AFORESAID SONS PATRICK H. AND SAMUEL J. GRIGG SHALL TAKE CARE OF MY BELOVED WIFE MARY P. GRIGG AND MY TWO DAUGHTERS , REBECCA AND CATHERINE. IT IS MY WILL THAT THEY ALL LIVE TOGETHER IF POSSIBLE.
"THIRDLY, I WILL AND BEQUEATH TO MY AFORESAID DAUGHTERS REBECCA AND CATHERINE THREE HUNDRED DOLLARS EACH OUT OF THE MONEYS ARISING OUT THE SALE OF THE TRACT OF LAND LYING IN GILES COUNTY, ABOUT ONE HUNDRED ACRES, THIS IS MY WILL THAT THE AFORESAID, MY DAUGHTERS, SHOULD HAVE THE AFORESAID THREE HUNDRED DOLLARS MORE THAN MY OTHER CHILDREN FOR THE CONSIDERATION OF THEIR HAVING STAYED WITH ME AND WAITED ON AND TAKEN CARE OF MYSELF & BELOVED WIFE, THIER MOTHER IN OUR OLD AGE. AND IT IS FURTHER MY WILL THAT THE SAID REBECCA & CATHERINE SHALL HAVE AND ENJOY THE ENTIRE USE AND POSSESSION OF MY SMALL TRACT OF LAND CONTAINING ABOUT THIRTY-FIVE ACRES. IT LYING AND BEING IN THIS COUNTY OF MAURY ADJOINING THIS MY HOME TRACT, AS LONG AS THE AFORESAID GIRLS MAY LIVE OR DURING THEIR NATURAL LIVES. THIS I WILL THAT THEY HAVE THIS LAND TO SECURE THEM IN A HOME, IN CASE THAT THEY AND THEIR AFORESAID BROTHERS CANNOT AGREE. IT IS MY WILLTHAT THEY SHOULD AGREE AND LIVE ALL QUIETLY TOGETHER. IT IS MY WILL THAT PATRICK H. & SAMUEL J. GRIGG HAVE THE HOME TRACT OF LAND FOR THE CONSIDERATION OF THEIR CARE AND ATTENTION TO US, ME BEING OLD AND INFIRM AND THEY HAVE BEEN DUTIFUL AND OBEDIANT SONS.
"FOURTHLY, IT IS MY WILL THAT JOHN AND AMASA B. GRIGG, MY SONS, BE MADE EQUAL AFTER THEIR ACCOUNTING FOR THE RENTS AND PROFITS OF THE LAND THEY LIVED ON, THE SAID SON JOHN TEN YEARS AND AMASA B. SIX YEARS, THIS ALL MY OTHER CHILDREN KNOW.
" FIFTHLY, IT IS MY WILL AND REQUEST THAT MY SONS JOHN & AMASA B., ISAAC AND JACOB F. GRIGG AND REBECCA AND CATHARINE SHALL SHARE AND SHARE ALIKE, AFTER THE AFORESAID GIRLS SHALL HAVE RECEIVED THREE HUNDRED DOLLARS EACH, MORE THAN THE REST, IN LUE OF THEIR SCHOOLING.
"LASTLY, I DO HEREBY NOMINATE AND APPOINT P. H. & SAMUEL J. GRIGG, MY EXECUTORS, IN WITNESS WHEREOF I DO TO THIS, MY WILL, SET MY HAND AND SEAL THIS 20TH DAY OF SEPT. 1854.
"SAMUEL GRIGG (HIS MARK AND SEAL)
"SIGNED, SEALED AND PUBLISHED IN OUR PRESENCE, AND WE HAVE SUBSCRIBED OUR NAMES HERETO IN THE PRESENCE OF THE TESTATOR THIS 26TH DAY OF SEPT. 1854. JOHN W. HOWARD, SAMUEL J. STOCKARD, WILLIAM FRY.
"I SAMUEL GRIGG HAVING THIS DAY MADE AND ABOUT TO MAKE MY LAST WILL AND TESTAMENT, DO MAKE AND DECLARE THIS AS A CODICIL THERETO, IN ORDER THAT THE FOREGOING MAY BE MORE DEFINITE AND MORE FULLY UNDERSTOOD WHAT MY WILL SHOULD BE, TO WIT. I WILL THAT IN THE FIRST, TO MY SONS PATRICK H. SAMUEL J. GRIGG SHALL HAVE THE LAND INCLUDED IN MY OLD ORIGINAL DEED FROM JOSEPH BRADIN, AND TWO GRANTS OF FIFTY ACRES EACH NO. 283 & 20301 AND THE PLAT MADE BY JAS W. MATHEWS INCLUDING THE AFORESAID AND IN A CONSOLIDATER PLAT WHICH MAKE ONE HUNDRED AND NINETY-FOUR ACRES, AS SET OUT IN MY FOREGOING WILL.
"LASTLY, IT IS MY WILL THAT I MAY MORE FULLY EXPLAIN AND DEFINE AND DESIGNATE MORE CLEAR THE OTHER LANDS I WILL. THE THIRTY-FIVE ACRES NO. 284 ACRES SHALL BE REBECCAS AND CATHERINES, AS SET IN THE FOREGOING. I WILL THAT THE DEED FROM M. LAURINE & BRIGG AND JOHN WRIGHT TO ME EXECUTED THE 9TH DAY JANUARY 1841 FOR ONE HUNDRED ACRES, IS THE TRACT OF LAND ALLUDED TO IN THE FOREGOING, WHICH MY WILL IS, SHALL BE SOLD AND DIVIDED AS I HAVE SET OUT IN THE FOREGOING WILL. IT IS MY DESIRE THAT THIS CODICIL BE ATTACHED TO AND MADE AND CONSTITUTE TO PART OF MY WILL TO ALL INTENTS AND PURPOSES. THIS 26TH DAY OF SEPTEMBER 1854.
"SAMUEL GRIGG (HIS MARK AND SEAL)
"SIGNED SEALED AND PUBLISHED IN OUR PRESENCE, AND WE HERE SUBSCRIBED OUR NAMES HERETO IN THE PRESENCE OF THE TESTATOR THIS 26TH DAY OF SEPTEMBER 1854. JOHN W. HOWARD, SAMUEL J. STOCKARD, WILLIAM FRY."
I, Joseph Fostger, do make and publish this, my last will and testament, revoking and making void all other wills by me at any other time made.
First: I give and bequeath to my beloved wife, Mary Foster, all the lands that I may possess and personal property during her natural life time and one man servant, named Oliver and one other man servant named Manuel Jackson.
Margaret, Hannah, Jane and Margaret's children named as follows, William, James, Rivhard, Hellen and Josphine and any other that Margaret may have during the life time of my wife, also Heneritta who is at this time aflicted and if she should die before I do I give Catherina in her place. 1 waggon and harness and four mules, 2 mares and colts if there should be any at the time of my death.
All the household and kitchen furniture just as it may be at death and two hundred barrels of corn, three thousand pounds of bacon or port, 4 milch cows and calves, 30 head of stock hogs, 15 head of sheep and 2 Barshear plows, 3 Bulling, 3 Aseege, 4 hoes, 2 grubbing hoes, 2 long handle shouvels, 1 log chain, 3 pair of stretchers, 4 pair of plow gears, 1 loam and hangers, 1 side saddle, 1 buggy, 5 stans of bees, if there is that number here. All the iron that may be on one set of blacksmith tools, 1 yoke of oxen if there be any at the time and $300.000 dollars in money for contingent expenses. Secondly: I direct that my funeral expenses and all my just debts be paid as soon after my death as convenient out of my moneys that may be on hand or may first come to the hands of my Executor.
Thirdly: I give and bequeath, Hannah Strayhorn, one fourth of all my estate both personal and real at the time of my death. The real estate to come back to my children at the death of my daughter, Hannah Strayhorn, if she dies without children or grandchildren and the personal property to remain in the hands of my son-in-law, Samuel Strayhorn , during his natural lifetime and at his death to come back to my representatives. The personal property that is not given to my wife is to go in the hands of my daughter, Hannah Strayhorn, at my decease.
Fourthly: I give to my son, B.C. Foster, one fourth part of my estate both real and personal, the real estate to come to his hands at the death of his mother and one fourth of what is given to her at that time of the personal property.
Fourthly, I give to my son, John E. Foster's children, equality all that may be born to him in wedlock one fourth part of all my estate both real and personal. The real to come to the hands of my son, John E. Foster, at the death of his Mother as the guardian of his children and to remain in his hands as such guardian until the youngest child becomes thwenty-three years of age without the intervention of a court or bond to receive from my executor and receipt for all their interest and control the same for their interest of his children.*
Sixth: I give to my daughter, Margaret Lavinis, one fourth of my estate both real and personal during her natural lifetime and at her death to her children.. She is to have her interest in the real estate at the death of her Mother and one fourh part of the property left to her mother at the same time.
Seventh: I direct my Executor to sell all the stock and chattle property that I may die possessed of on such time as will be to the interest of my Legatees as soon after my decease as convenient. My son, John E. Foster, is to remain where he now lives as long as his mother lives without paying rent if he wishes to do so.
Lastly, I nominate Andrew J. Gray as the Executor of this my last will and testament where unto I have set my hand and seal this 5th day of May, Eighteen Hundred and Sixty Three.
Signed: Joseph Foster
Copied from original handwritten will.
*An interesting note: This John E. married a young girl from
Mississippi, Elizabeth White, in 1851. She died at the age of 29 after
giving birth to 5 children. He took in a negro woman and they had
several children. Elizabeth was buried in the family cemetary and he
was buried across the road in his front yard. Apparently that is why
his father left John E.'s part to his "children born in wedlock" and
nothing to him except a place to live for "as long as he wished to".
Source: Margaret Foster Fisher
2930 Foxcroft Ct. #1
Topeka KS 66614
Source: Margaret Foster Fisher
2930 Foxcroft Ct. #1
Topeka KS 66614Margaret Fisher
Frank D. "Denny" Thomas, Volunteer for
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