Page 201
The Will of Cornelius Patterson
Appointed by the County Court.
5th My wish that my
personal property not willed be sold on twelve month credit at public auction
and after paying my debts the proceeds if any be left be equally divided
between my sons, George, James, Carson, and M. Cajah
6th My wish is that my
grandson, Cornelius Benson, have ten dollars out of the proceeds of the sale of
my lands.
7th My wish that my
grandson, Willis Benson, have ten dollars out of the proceeds of the sale of my
lands.
8th It is my wish that my
son Johns nine? Children Mary Frances, Edney Jane, and Violet have twenty-five dollars
apiece to be paid out of the proceeds of my land.
{I have given my obligation to
George Blazer for twenty-four dollars for my son John, which I have directed to
be paid out of the proceeds of the sale of my loose property. See Item 3rd}
9th My wish is that
whatever money may be left of the proceeds of the sale of my land over the five
hundred dollars and after paying off legacies, I decided that said money be
equally divided among my children George, James, Carson, Rebecca, Mahaley,
Hannah, Nancy, Martha and M. Cajah is to have fifteen dollars left? The others
just mentioned.
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10th My wish is after my
death of my wife all the household and kitchen furniture on the property that
she has on hand that was on hand at my death be sold and divided equally among
my afore named daughters.
11th My wish is after the
death of my wife should there be any of the five hundred dollars left that my
sons George, James, Carson, and Mcajah have fifteen dollars apiece, then the
balance be equally divided my afore named daughters and their sons.
Lastly I appoint John Russell my
executor of this my Will and Testament this April 21st 1875.
His X
Cornelius Patterson
W.A. Caughorn
Willie Benson
Admitted to probate the 7th
December 1875
W. Fowler Clerk
Page 203
The Will of Col. Wilson Duggan
On the name of God, Amen
I Wilson Duggan, a citizen of Sevier
County Tennessee do make and publish this my last Will and Testament, hereby
revoking and annulling all Wills by me heretofore at anytime made.
1st I desire that as soon
after my demise as practicable,
my executor, who is after named shall will and truly pay all my ? and duty.
2nd I give bequeath and
devise to my beloved wife, Elizabeth all my property mal personal and niced
during the full term of her natural life, and our four youngest children: towit
Margaret C. Elizabeth, Wilson L. and Robt C. Duggan at her death. I make no
other provision hereto for any other of my children, having heretofore provided
for all of them.
3rd I hereby nominate and appoint my wife Elizabeth Duggan to be
my sole executor of this will, and and waive the Execution of Bond on her part.
In witness whereof I have hereto set my hand and Seal this Will 20th
day of March 1874.
Wilson Duggan The word (seal) with a wavy circle around it.
We the undersigned do hereby certify
that Wilson Duggan the above named testator signed and acknowledged the
Page 204
execution of this testament in our presence
of each of us and hereto set out names as surviving witnesses this 20th
March 1874 at his request.
P.G.
Fergerson
L. B. Coruck Jr.
The above Testament was duty advised
to probate on the 20 July 1879 and ordered to be provided.
W. Fowler Clerk
Page 205
The Will of John Chandler
I John Chandler of the state of
First I Will and bequeath to
my son, Timothy Chandler the farm which I live known as my home farm containing
about one hundred and sixty six acres together with the following tracks of
land. The track known as the Humes track containing two hundred and eighty-five
acres adjoining the Home farm. One other track known as the Porter track in the
forks of the creek containing forty-two acres. One track bring and ? Containing
one hundred and nineteen acres adjoining the Porter track and the home farm,
are other fifty acre track ? I purchased of Levi Whittle adjoining the home
farm. Also the two tracks I purchased from Benjamin Thomas. One containing
fifty acres and the other containing twenty five acres adjoining the Ledgewood
tract and Bradson’s land, also one half of my undivided interest in a owned
jointly with B.D. and Y.C. Bradson said tract containing about two hundred and
fifty acres which I value at four thousand, three hundred dollars. I put that
value upon said lands believing that to have been the value at the time I made
advances to others of my heirs.
Page 206
2nd I will and bequeath
to the children of
Third I also Will and bequeath to
said Rebecca Ellen Chandler John Chandler, Joseph S. Chandler and Narsissa W.
Chandler
Page 207
A Negro woman named Elvja and her
nine children; towit Malinda, Harriet, Montgomery, Daniel, William, Riley,
Calvin, Caroline, and Elizabeth which Negroes I value at twelve hundred dollars
because I purchased the Negro woman and her then older children (the rest
having since been born) at that price for my son W. Chandler, and said family
of Negroes having been raised by the family of W. Chandler.
Fifth
It is my Will that my other Negroes
be divided by families as near as possible into five lots and the value made
equal with ? one of said lots. I will to my son Benjamin Chandler. One of said
lots to my son B. M. Chandler. One said lots to my son Timothy Chandler. One of
said lots to the children of W. Chandler (died?) towit. Rebecca Ellen Chandler,
John Chandler, Joseph S. Chandler and Narsissa W. Chandler. My daughter Jane
Rodgers (died?) towit: John C. Rodgers, Harriet Cravens, Arthur C. Rodgers,
Jane Rodgers, Cornelia Rodgers, Emma Rodgers, and William Rodgers.
Fifth
It is my Will that all the balance
of my property be equally divided between my heirs towit. Benjamin Chandler,
B.M. Chandler, Timothy Chandler, The Children of W. Chandler (died) and the
children of my daughter Jane Rodgers (died)
Page 208
giving to the children of W.
Chandler one share and to the children of Jane Rodgers one share on the
property sold and the proceeds divided ad above stated.
Sixth
It is my Will that the children of
W. Chandler (died) have my Negro man Café at the value to be put on him by two
disinterested men.
Seventh:
It is my Will that all the balance
of my estate consisting of many debts and after paying my wife, Fern? Chandler
the amount? to her under our marriage contract be divided among B.M. Chandler,
Benjamin Chandler, Timothy Chandler, the children of W. Chandler (died) and the
children of Jane Rodgers (died) as to male them all equal giving one share to
the children of W. Chandler (died) one share to the children of Jane Rodgers
taking into view the value of land willed to Timothy Chandler and the value of
the land and Negroes willed to the children of W. Chandler (died).
Eighth
It is my Will no interest will be
charged on any note given to me by my children and heirs before the year 1860.
Ninth
It is my Will that the children of
Jane Rodgers (died)
Page 209
in said division with the notes I
hold in their Father S. C. Rogers said notes bring for money advanced to him.
Tenth- it is my Will that no
interest be charged on a note given in May 1860 by Benjamin Chandler to me for
one thousand dollars.
Eleventh
It is my Will that the executors pay
the nine children of Jane Rogers (died) their share as they arrive at the age
of twenty-one years or marry.
Twelfth
It is my Will that the shares coming
to the children of W. Chandler be placed in the hands of their Guardian Timothy
Chandler to be paid to them as they arrive of age.
I appoint my sons B. M. Chandler and
Timothy Chandler executors of this last Will and Testament.
Witness my hand and seal this
eleventh day of December 1861
John Chandler
Signed acknowledged in our presence
the it above date.
B. D. Bradson
M.W. McCown
J. H.
Ellis
Geo Mcoun
Shannon Felken
I John Chandler do make and execute
this a codicils to my last will and testament which I made on the
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Eleventh day of Dec. 1861
First
I appoint Benjamin Chandler and
Spencer C. Rogers together with B. M. Chandler and Timothy Chandler henctofore
appointed as executors to this my last Will and Testament.
Signed
It is my Will that my Execution
divide all my personal property specified in the fifth bequest of this Will as
? directed or sell said property and divide the proceeds as directed in said
fifth bequest excersing their judgements whether they sell or divide the
property.
It is my Will that this attachment
to and become a part of my last Will and Testament.
Witness my hand and seal this 20th
day of October 1864
John Chandler
Attest
W. WcCown
Geo McCown
Shannan Felken
I John Chandler do make and execute
this a codicil to this my last will and testament to wit:
First:
It is my Will should my children or
executor have any lawsuits or controversies in writing up my estate and
Page 211
executing my last Will and Testament
debt the expenses of the suit be paid out of my estate.
Second:
Since making my Will I have sold and
disposed of the tract of land ?19 acres adjoining J. M. Sharp and others. Which
was willed to the hairs of W. Chandler (dead): I therefore want the value of
the lands willed to them be reduced one hundred dollars.
Witness my hand and seal this 29th
day of May 1868
John Chandler (seal)
Attest
M. W. MCCown
R. M. Creswell
I John Chandler do make and execute
this a codicil to my last Will and Testament.
It is my will that in this
settlement of my estate that no interest be charged on any notes or receipts
executed to sue by any of my heirs.
It is also my will that the children
of W. Chandler be changed out with the sum of six hundred dollars for the Negro
advanced by me to my son William Spoken of in this third stem of this Will.
This 12th day of July 1870.
John Chandler
Attest
M. W. McCown
J. McCown
Page 212
The Will of John Webb
I John Well of the state of Tennessee
Sevier County in view of the uncertainty of life and being of sound mind do
hereby make ordain and establish this my last Will and Testament.
Item First:
I will first that after my decease
my funeral expenses be paid and all my just debts out of any money on hand an
out of that which may come first into the hands of my lawful executors.
Item 2nd
I will that in case my dear wife
Aley Webb should survive me that she shall have the house where now live
together with my garden, spring and a sufficiency of the out buildings to
answer her necessities during her natural life.
3rd I also Will that our
three children to wit: W. W. Webb, M. J. Webb and Sarah Webb Roberts shall
provide ample support and maintenance and see that she the said Alsey Webb is
well provided for at her own house and suitable to her health and condition so
long as she may live in the same proportion as the proportional valuation set
upon their respected tracts of land the day deeded by we to them is W. W. Webb,
two thirds, M. J. Webb one sixth, Sarah Webb Roberts one sixth. Said support to
be a lien on the possession of the fields set apart in my conveyance to M. J.
Webb and Sarah Webb Roberts and a lien on the possession of one third of the
tract this day conveyed to said W. W. Webb.
Page 213
Item 4th I will that the
said Alsy Webb have keep possession of and use all the household furniture and
bedding and cooking utensils or so much as she sees fit during her natural
life.
Item 5th I will that
after my decease my executor sell at public sale all my personal estate not
herein before disposed of, and divide the proceeds there of as follows “towit”
To the heirs of my daughter Lucinda
McMahan one forth, to the heirs of James W. Webb one forth, and to the heirs of
George Webb one forth, and to the heirs of Jackson S. Webb one forth. This
bequest to sectored only to the heir of the body and in the event there should
be no surviving heirs of either of the above names children there to be equally
divided among the family rohicle do survive me. And I will also that the
$100.00 dollar note which I hold on Matilda J. Webb and the $100.00 dollar note
which I hold on Sarah M. Roberts be collected and divided in the same manner
and among the same heirs as the proceeds of the sale in this item set forth.
Item sixth
I will that after as certaining the
whole amount of money to be distributed according to item 5th of
this will, there be enough taken from the same to make Sarah Ann Webb the
youngest heir of G. C. Webb equal heir with the heirs of Lucinda McMahan in my
estate.
Item 7th
I will and bequeath to the four
oldest heirs of my son G. C. Webb (dead)
Page 214
the four one hundred dollar note
which W. W. Webb hath this day executed to me in part payment for land this day
conveyed to him to be collected by me executor and paid to them one hundred
dollars each paying to Ashley A. Webb the first note due, and to Newton S. Webb
the second note due, the third note John H. Webb and Mary S. C. the 4th
note.
Item 8th
I will that at my decease W. W.
Webb, M. J. Webb and Sarah M. Roberts have full possession of all the lands
today deeded to them by we subject to the provisions of Item 3rd
said seen not to affect their title but their possession only and also subject
to the notes given are on this day in part payment for said lands which are
lien in the hands of my executor upon the title of said lands an so much
thereof as will satisfy said notes.
Item 9th
I hereby nominate and appoint
William W. Webb my executor to this my last Will and Testament written on 3
pages in witness of my name and seal this the 24th day of February
AD 1872
John (his mark) Webb (seal)
Attest
John Ferguson
L. S. Roberts
Page 215
The Will of James Fergerson
In the name of God Amen
I James Fergerson do make and
publish this my last Will and Testament hereby revoking all other Wills by me
at any previous time made.
First:
That my funeral expenses and my
debts be paid out of any moneys that may be on hand at my death, or may first
come into the hands of my executor.
2nd
That my son John Fergerson have all
my lands and he is to take care of and provide for my wife Sarah Fergerson
during her natural life and to pay my son Thomas Fergerson one hundred dollars
and my daughter Mary Underwood one hundred dollars. One hundred dollars and the
heirs of Russell Fergerson fifty dollars each where they arrive at the age of
twenty-one years old.
Third: That my wide, Sarah Fergerson
have all the personal property and kitchen and household furniture to use or
dispose of as she way see felt and I hereby appoint Thomas Fergerson and John
Fergerson my executors.
Witness my hand and seal this
(blank) day of (blank) 1870
James Fergerson
Signed in presence of
R. S. Clark
T. S. Roberts
Page 216
The Will of Philip Seaton
State of Tennessee Sevier County
June 29th 1875
Knew all men by their presence that
I Philip Seaton do make this my last Will and Testament, and all others Wills
by me is hereby null and void. I have ? sold one half of my original farm to
Pink P. Seaton and have issued him a deed for the same to have and hold against
the claim of all others. The said Pink P. Seaton has paid me for said lands in
money and notes. I hold a five hundred dollars note due September 1884. My
other lands is in two lots 82 acres west of said Pink P. Seaton. 60 acres east
of the said Pink P. Seaton where I now live. W. B. Seaton is to pay one third
of the products to myself and wife so long as we live. At our death the said W.
B. Seaton is to pay to the other heir Alford Seaton, Alis Cook, Julia Cowan,
Barbra Cowan, Elizabeth Norton, Mary Cruse, Malvina Wynn, Carolyn Henderson,
James B. Seaton, Pink P. Seaton and Margaret Ann Seaton daughter of Alford
Seaton is to have fifty-dollars to make her equal with the other heirs in what
they have already received their share equal with the others in all things and
in testimony ? of I have ? set my hand
Page 217
And seal this 29th day of
June 1875. The said note mentioned in this Will is to be used by myself or wife
to defray expense if need be and I appoint James B. Seaton and W. B. Seaton
execution of this my Will.
Philip Seaton
Witness
John A. Seaton
G. W. Seaton
And further to the above Will I do
give to my wife Mary Seaton the entire management of the lands herein mentioned
for her support as long as she lives it is to be cultivated by W. B. Seaton and
one third of the products it to be paid to my wife, Mary Seaton and she is to
have control of the house, and barn, garden and all the beds and bed clothing
all the things in the house, Brawns chairs and kitchen furniture, stove, pot,
pans, water vessels is at her disposal. and bed clothing all the things in the
house, Brawns chairs and kitchen furniture, stove, pot, pans, water vessels is
at her disposal. When the said W. B. Seaton shall fail to cultivate and pay the
said one third to me or my wife or cause the same to be done during our life
time he shall forfeit his right to pay to the heirs the said five hundred
dollars and shall become as one of the other heirs and further she, Mary Seaton
has left to her one cow, the corn wheat beans land, lot of hogs in the pen for
her support. Also one third of the present crop of wheat, corn, oats, hay and
potatoes.
Page 218
I do Will and bequeath the entire
control said rents to the support and confort of the said Mary Seaton my wife
and I do hereby acknowledge this to be my Will before there witness found on
this Will.
Page 219
The Will of Samuel P. Watson
State of Tennessee Sevier County
April 14th 1875
I Samuel P. Watson do hereby make my
last Will and Testament and hereby set aside all former Wills made by me at any
other time.
1st
I order that all any just duty and
funeral expenses by paid out any money that I way have at my dease and if not
enough on hand to be paid out of the first that comes to hand afterwards.
2nd
I give and bequeath my lower farm to
my 2nd youngest said towit: Elijah W. Watson and Samuel R. C. Watson
with the exception of the drilling house and a five acre field around the
house. The house I give to my wife Martha Watson. The Dwelling house and the
field springfield to be Martha Watson during her widowhood. If she marry then
the house and field to belong to the afore said two youngest sons.
3rd My upper farm I give
and bequeath to my two oldest sons towit” William Watson and Robert S. Watson
to be equally divided between them.
4th
I order that my cow be not sold but
except with my two youngest children for their better raising. I give one white
bull calf to my son Elijah.
Page 220
6th
I Will my two daughters towit: Jane
Watson and Nancy C. Watson a good cow a piece to come out of my estate which I
leave in the hands of William Watson and Robt S. Watson
7th
I Will my daughter Millie a good cow
to come out of my estate. That I leave in the hands of Elijah W. Watson and
Samuel R. C. Watson. When the girls come of age or marry then their cows are
due them.
Samuel Watson (his X mark)
List
D. C. Scruggs
Braselton Ownby
Page 221
The Will of John H. Ownby
I John H. Ownby Being weak in body but sound in mind do make and ordain this my
last Will and Testament.
First I Will my body to it’s mother
earth and my soul to the God that gave it to me.
Second I Will and bequeath to my
wife Lucinda for all the love and affection I have for her all the property I
have both real and personal during her life time if she remains single, but she
remarries to have no more than one childs part.
Third At my death of my wife Lucinda
the property on hand shall be divided even after they all receive a portion
equal to what they received. Except Ephram who has his Lot- My wife shall have
the liberty- to use my funds on hand for any necessary funeral expenses.
Fourth At the death of my wife all
the land I have shall be laid off in lots as many in number as I have children
and one lot for two children heirs of any daughter Elizabeth and the children
shall draw for their lots. The Elizabeth Mays children shall have a certain
tract of land commencing on a rock at the bridge across the long branch, then
with the road wh the river, to the same branch, then up the right-hand fork of
the same branch, to the head then straight up the mountain to the line, then
west-nine
Page 222
The line to the corners, then down
the tater hill then to the old conditional line then with the line cine to the
cong branch, down the branch to the beginning done.
This 16 Nov. 1875
J. H. Ownby
T. L. Emert
T. A. Meek
Will of Philip Roberts
I Philip Roberts to make and execute
this my last Will and Testament on this 14th day of January 1874,
revolting any former Wills by me heretofore made.
1st
I Will and bequeath to my P. W.
Roberts the tract of land on the big East Fork of the Little Pigeon Forge River
adjoining the lands of the W. Mitchel, C. H. Fox, J, Fergerson and my home farm
being the tract that I purchased from Emanuel Fox but I require him to pay as
followed, three hundred dollars to my daughter Sarah McMahan, three hundred to my
grandson John Roberts son of my deceased son John Roberts and three hundred
dollars to my grandson Charles
Page 223
Roberts son of my deceased son
Charles Roberts. The amount to my daughter is to be paid in one year after my
death and the amounts to my grandsons to be paid when they are twenty-one years
of age.
2nd
I Will and bequeath to my son Thomas
S. Roberts my land lying north of the Big Road adjoining John Webb on the west.
John Fergerson on the north. C. H. Fox on the east and the big road on the
south and also the little meadow south of the road and the line to run with the
branch containing little over two acres and in part consideration I require him
to pay to my son James Robert three hundred dollars to be paid in one year
after my death.
3rd
I will and bequeath to my daughter
Rebecca Seaton the north end of my land that lies immediately above my home
tract of land the dividing line to beginning on a White Oak in the cane on the
line between and William Webb then running with the cane and the branch to the
beech then to the stake one and a half holes below the spring, then running up
the ridge south of the top of the ridge, then a little east of south to the
back line. But I require him to pay three hundred dollars to my executor
one-year after my death.
Page 224
4th
I will and bequeath to my daughter
Elvira Webb my land lying south of the consideration line made in the third
clause of this Will. And she is to pay the following amounts in part
consideration, that is to say to my daughter Nancy Fox and one hundred-fifty
dollars to my daughter Malinda Ogle and fifty dollars to any executor all to be
paid one year after my death. I have heretofore allowed my daughter Nancy Fox
two hundred dollars for which I hold her husbands note which she is to have to
make her equal with any other children. I also advanced to my daughter Malinda
Ogle one hundred twenty-eight dollars for which I hold her husbands note which
she is to have to make her equal with my other children.
Should my wife Polly survive me she
is to have the hassepion and control of my home farm for her use and benefit
during her natural life and after the death of myself and my wife it is my will
that all my heirs jointly inherit my home farm.
It is my will that the lands before
devised shall severly be liable for the amount to be paid on them,
It is further my will that should my
wife survive me she shall have the use and the benefit of all the personal
property that may be on hand that
Page 225
She may want for her support and she
may turn over to my executor any property she not want to be sold and divided
among all my heirs and after the death of myself and my wife I want all my
personal property sold and equally divided among all my heirs together with the
amounts to be paid to any executor on the lands and all the money on hand.
I appoint my son P. W. Roberts
executor of this my last Will and Testament.
Given under my hand and seal this 14th
day of January 1874.
Philip Roberts (X his mark)
Witness
M. W. McCown
John Fergerson
Page 226
The Will of John Henderson
I John Henderson of the County of
Sevier and State of Tennessee do make and execute this my last Will and
Testament.
1st
It is my Will that my funeral
expenses and any just debts that I may have be owing at the time of my death be
paid out of the 1st money that may come to the hand of my executor.
2nd
I Will and bequeath to my son Henry
Henderson my farm where I live in 10th district of Sevier County
containing one hundred acres more or less, I also Will and bequeath my son
Henry all my personal estate of every kind and description including all money
on hand or due to me from others my stock, household and kitchen furniture
farming implements. I appoint my son Henry Henderson my executor to execute
this my last Will and Testament. With my hand and seal this the 24th
day of November 1876.
John Henderson (his X mark)
Witness at the request
Of John Henderson
J. A. Pickins
Elijah Henderson
Admitted to Probate the January
Tenth of the County Court 1877.
Page 227
The Will of M. A. Rawlings
In the name of God Amen:
I M. A. Rawlings of the county of
Sevier and State of Tennessee being of sound mind and disposing memory, but
feeble in health and knowing the uncertainty of life and the certainty of death
do make and publish this my last Will and Testament.
1st
I Will and desire my body buried with mason’s honors, and that my funeral be
paid for as soon after my death as convenient.
2nd
I Will and bequeath to my beloved wife Harriet S. Rawlings a; household and
kitchen furniture to have and hold during her life with the liberty to divide
the same with my children as they want to leave also all my outdoor property of
every kind.
3rd
I Will and bequeath to my son Allisen P. Rawlings the interest I gave him in
the McNelly property where he now lives.
4th
I will and bequeath to my son Milton R. Rawlings my lanning house and lot where
on R. Lanning now lives and one cow and calf worth twenty dollars to make him
equal with A. P. Rawlings.
5th
I Will and bequeath my melodeon to my four daughters: Allen, Mary, Lucy, and
Martha.
6th
I Will and bequeath my house and lot on which I now live to my wife H. S.
Rawlings to have and hold the
Page 228
Same during her natural life and
after her death to be sold to the highest bitter and the proceeds equally
divided between my four daughters viz:? Allen J. Stafford, Mary A.
Rawlings, Harriet L. Rawlings, and Martha I. Rawlings.
7th
I Will and bequeath unto my wife H. S. Rawlings all my money that may be on
hand at my death, together with all my notes accounts and judgements outstanding
to have and use the same for herself and family and if any be remaining at her
death to be equally divided between all my living children.
8th
I Will and bequeath to my son Milton B. Rawlings my interest in my shop tools
and stock that may be on hand at the time of my death.
9th
I Will and descend that my executors to be hereafter named to proceed and
collect my outstanding debts as soon as convenient after my death and any lands
that I may have bought which has not been redeemed be sold to the best
advantage and the proceeds then of equally divided between all my children;
after the death of said wife.
10th
And lastly I hereby nominate and appoint my wife Harriet S. Rawlings and my son
Allison P. Rawling executor and executor
Page 229
to my Will and request the court to
receive their bond without security:
In witness whenof I have hercurto
set my hand and affixed my seal this 25th day of May 1870
M. A. Rawlings (seal)
Signed sealed and acknowledged in
our presence and we were requested to become subscribing witnesses to this Will
this 25th day of May 1870.
John Murphy
P. E. Walker
The above Will was duly admitted to
probate in the county court for Sevier County at the January Tenth 1877.
Page 230
The Will of Joshua Cate
We W. H. Drennen and Perry Cate and
B. C. Grew. I state that the nuncupative Will of Joshua Cate was made by him on
the fourteenth day of December 1876 in the presents to which we were asked to
be witness by the testaton himself in the present of each, of us. This is to
say on the said fourteenth day of December the ? us W. H. Drennen and Perry
Cate had taken a list of all his effects in order to write his will on the next
day and parted to meet the next morning to write his will in a few hours he was
surprised by a very sudden spur of sickness in which died in a few hours. And
the same is as follow: It was his Will and desire that is effects should be
disposed of after his decease in the following manner.
First
That his son Perry Cate should have two thousand dollars $2000.00 and also his
daughter Ava M. Bales have two thousand $2000.00 also his heirs ? Cate have two
thousand dollars $2000.00. Ten hundred and sixty $1060. In two tracts of land
joining the piece they ? live one of the balance to be made up in the same
manner of the other heirs, Also his son Madison Cate about $2000.00 be is to ?
his in a ? of ? that he now lives on
Page 231
The old homestead which is to be
counted to him at two thousand dollars $2000.00, also his daughter Mary Ann
Bryan should have $2000.00 also his son Greer Berry Cate should have two
thousand dollars $2000.00, also his daughter Elizabeth Angaline Pollard should
have two thousand dollars $2000.00. The remainder of his effects after all the
necessary? was paid that they be equally divided among the seven heirs above
named. He also wanted W. H. Drennen and Perry Cate as his executors. Made
out by us and signed this day 18th day of December 1876.
Signed by us.
W. H. Drennen
Perry Cate
R. C. Greer
? the undersigned parties are
satisfied that this is the will as near as could be done under the
circumstances of the said Joshua Cate (dead).
Perry Cate
Madison Cate
Ava M. Cate
D. F. and Elizabeth Angeline
Pollard
P. D. and Mary A. Bryan
Nancy Cate
W. Cate
Admitted to the probate the 5th
day of Feb. 1877.
W. Fowler (clerk)
Page 232
Will of Calvin Derrick
I Calvin Derrick 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 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 that may
first come into the hand of my executor.
Secondly
I give and bequeath to my beloved wife, Nancy Derrick, two of as good beds and
bedsteads as I have in my house and one milkcow of her choice.
Fourth I direct my
executor, here in after named to see all my property of every description and
kind at public sale including my crop, farming and stock and heretofore
disposed of and divide the proceeds of said sale and all the money on hand
after the payment of my debts and expenses as provided in Article first equally
between my wife Nancy Derrick and all my children J. T. Derrick, Martha
Derrick, Florence Derrick, Asa P. Derrick, W. B. Derrick, Charles M.
Derrick, and Lealain Derrick.
Thirdly I give and
bequeath to my two daughters, Martha Derrick and Florence Derrick, each one
good bed and bedstead next in quality as those given my wife.
Fifth
It is my will concerning
Page 233
a note which I hold on my brother in
law James C. Walker for about $297.76 that my executor do not ? said Walker or
said note but they give said Walker note to pay the saw but that be shall never
said note when necessary to saw the Stature’s Limitation.
Sixey
It is my request that my sister Martha Walker, wife of James Walker take and
raise my two children, Martha and Florence Derrick and I desire that anything
my sister may or pay for said children while with her may be by my executor
credited on the note-which I hold on James C. Walker and that said children
have the benefit of said note.
Seventhy
I desire that my mule be ? fattened out of my present crop before being sold by
my executors.
Lastly I do
hereby nominate and appoint Eli Fox and my brother G. W. B. Derrick my
executor. I witness whereof I do to this my Will set my hand and seal. This day
26th day of August 1875.
Calvin Derrick
Signed, sealed and published in our
presence and we have subscribed our names here to in the presence of the
testaton this 2nd day of August 1875.
W. T. Frank
J. C. Eugene
In addition to what I have
heretofore
Page 234
I willed I will further that my
executor be empowered to sell off of the land that I have recently purchased
sufficient amount to liquidate all my debts. The remainder of the land I will
to be equally divided between my wife and children. I further desire that my
executor control the interest of each of my children until they are twenty
three years old. It is my Will that my two oldest daughters remain with my
wife. I will my that my executor have control of the interest of my wife until
the youngest child becomes between / years old. In witness to this codicil I
set my hand and seal this the 22nd day of May 1876.
C. Derrick
Attest
J. Nat Lyle
C. L. ?
I do hereby further empower my
executor to sell all my land without reasoning to a count of equity? ? ? as is
to the best interest of my estate and divide the proceeds after paying all my
debts equally between my wife and my children. My wife taking a child’s part
and the fund so assessing shall be controlled by my executor until the year of
my children referred to and stated in my last codicil.
Page 235
Before this they receiving the
interest of the fund as way necessary for their support and education. The two
daughter before referred to shall remain with my wife as long as they can live
agreeable on as my executor may deem best. In the witness of this codicil,
revoking all ? statements heretofore made. I have set my hand and seal this 27th
day of May 1876
Attest
Jus Fagala
J. S Chandler
Admitted probate
5th day Feb. 1877
W. Fowler Clerk.
Page 236
The Will of Laban Jenkins
I Laban Jenkins do make and publish
this my last Will and Testament hereby revoking and making void all other Wills
by me at anytime /. First I direct that my funeral expenses and debts be paid
as soon after my death as possible out of any money that I may die possessing
of or may come into the hands of my executors.
Secondly I give and bequeath to
Elizabeth Jenkins all my personal property, monies and notes I have on hand at
this time. Thirdly I give and bequeath to the said Elizabeth Jenkins all of my
lands until her death except the farm where Alexander and Joshua Jenkins lives.
Fourthly I give and bequeath to the said Alexander and Joshua Jenkins the farm
where they the said Jenkins lives to them as I have heretofore written a deed
or caused it to be written. Fifthly I give and bequeath to the balance of any
children the balance of any lands I have written deeds or caused to be written
and and signed and sealed after the death of said Elizabeth Jenkins. Sixthly I
Laban Jenkins allow all of my deeds to stand as I have made them to my children
and grandchildren. Seventhly I do hereby nominate appoint Elizabeth and J. A.
Jenkins my executor.
Witness
Page 237
Whereof I do to this my Will set my
hand and seal, make my mark and we have subscribed own names hereto in the
presents of the testator this the 3rd day of November 1877.
Laban Jenkins (his mark)
Witness
S. A. Rule
J. A. Burnett
Admitted to probate Dec. 3rd
1877
Page 238
The Will of William Montgomery
I William Montgomery of Sevier
County and state of tennessee, do this twenty fourth day of March A. D.
Eighteen hundred and forty, make, ordain, publish and declare this my last Will
and Testament in manner following that is to say.
First. I give and bequeath to my beloved
wife Elizabeth Montgomery all the land whereon we now live and all the entries
I have made and the appurtenance thereto: for and during her natural life, with
all and every species of property and all the money on hand and some cash notes
to be disposed of at her pleasure for the maintenance and education of our
children. The above notes to include one handed to Spencer C. Gist and George
W. Porter for collection. I still desire that G. W. Porter have the use of the
money for said note by the judgement of interest as long as my wife necessary
and conwnese will admit and after my sons grow up so as successfully asset
their mother in a new country I hereby vest her with full power to sell and
dispose of and make little to all my land in an full and ample manner as I
myself could do, relying confidently our her sound discretion in providing for
our children in
Page239
some other regard.
Second. I have a note signed by
Madison Rawlings, Monroe Rawlings and Ashel Rawlings ? executed to George
Sawyer for eighteen hundred dollars in silver and assigned by him to one and
due the 1st day of February last year which I require my executor to
place the interest in safe hands, as speedily as may be and as my children some
of age, divided as near as practicable as equal shares of said fund that they
may for each as they are of age and apply until they all shall have are equal
division, both male and female and after the decease of my wife one equal
division of all that remains of my estate real and personal. Thirdly. I request
my executor to sell my interest in the Wears land, stay one eighth of the
tracts at private sale and to give William Henderson the refusal of it, at a
fair and reasonable price: or rent it until that price can be had, and divide
the money arising therefrom between my children as I above directed. I hereby
make, ordain, publish and appoint my beloved wife, Elizabeth Montgomery
executor and Bobby W. Winton and John Maut both of Roane County executors of
this my last Will and Testament.
Page 240
In testimony whereof The said
Testator have hereunto signed my name and affixed my seal, declaring the
foregoing to be my last Will and Testament, on the date above written.
William Montgomery
In the present of
Isaac Love
Basdell Scruggs
Peter Rambo
State of Tennessee
Sevier County B. O. P.
Hill
Clerk of the county court of Sevier
County Do hereby certify that the foregoing is a true and juirfect? Copy of the
last Will and Testament of William Montgomery now one record in my office.
Given under my hand and seal of
office at office in Sevierville this 6th day of May A. D. 1840
O. H. P. Hill Clerk of Sevier
County.
Page 241
The Will of John Williams
State of Tennessee
Sevier County
Know all men by these present
that John Williams of the county and State afore said a human Being in good
health and of sound and disposing mind and memory Do make and publish this my
Last Will and Testament hereby Revoking all former Wills by me any time
heretofore made and as to my Worldly Estate and the property real personal or
mixed of which I shall Die seized and possessed on to which I shall be entitled
at the time of my decease. I Devise bequeath and dispose thereof in the manner
following to wit.
First, My Will is that all my just
debts and funeral expenses shall by my Executors, ? Hereinafter named be said
out if my estate as soon after my decease as shall by her be found convenient.
I give devise and bequeath to my beloved wife Rachel Williams all my household
furniture and all my cattle and horses and hogs and stock of all definition.
Whatever may be of ? and belonging to my estate and also all of my notes and
accounts that may be due
Page 242
Me after my decease and all my land
and posessed and vacant land and all other whatever I may be posess of whatever
and all my farming tools I have of and to have and to hold out any in
remberance whatever with out any interference whatever by any person or persons
whatever further more. I appoint my Wife Rachel Williams guardian for my much
beloved Son Nelson Williams and Edict and to sea that he is well taken care of
and provided for out of the property that I gave unto her and place in her hand
for the education and welfare of this support during this natural life and if
my beloved Wife should die first before my beloved Son Nelson the property to
remain unrecoverable during his natural life time for his support and taking
care of him and if she should die first that she should have the ? to in her
lifetime to appoint a guardian for my Son after her death and controlling the
remainder of the estate during his life time but my Wife to have full control
during her natural lifetime without any reservation whatever
Page 243
Further more after the death of my
Wife Rachel Williams and my son Nelson Williams and the remainder of the estate
of any remain there of after all. Expenses and paid for support and funeral
expenses whatever may accrue during their lifetime if there should be any
remainder be sold and the proceeds equally divided among my lawful Arse?
Further more I empower my wife Rachel Williams to sell any of said property
real or mixed if she consider it necessary for support them that she is empowered
to make a good and sufficient title that I was to do the same my self and
Lastly I do nominate and appoint my wife Rachel Williams to be the executor of
this my Last Will and Testament in testimony whereof I said John Williams have
to this my Last Will and Testament contained one sheet of paper and the last
part thereof I have subscribed my name and affixed my seal this the twelfth day
of March in the year of our Lord one thousand Eight hundred and seventy five.
John
Williams (his mark)
Signed,
sealed, publish and declared by the said
Page
244
John
William as and for his last Will and Testament in the present of us who at his
request and in his present of each others have subscribed our names and witness
thereto
Carter
Sutton (his mark)
E. M.
Messer
John F.
Jones
We the
for going witness testify that we saw the witness Carter Sutton made his mark
by the request of said John Williams the testator and maker of said will this
the 12th day of March 1875
E. M.
Messer
John F.
Jones
Probated
2 July 1877 Reem page 524
Page 245
The Will of Robert Shields
State of Tennessee
Sevier County
I Robert Shields 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 divide and Will to Eliza Shields my wife, all the land that I own in the 5th
Civil District of Sevier County for her to sell to anyone forever to anyone she
may on to do with it whatever she will so desire, also all my personal property
money house and kitchen furniture I only will to her her lifetime.
All the real estate that I own
outside the 5th Civil District of Sevier County I Will and bequeath
to Eliza Shields during her natural life and at the death of my wife Eliza
Shields I Will and bequeath to Rufus Shields my son.
The lower end on the North side of
my home farm that is the farm that belonged to B. Jones before he purchased
land from F. M. McMahan, Beings on a white oak in the gap between where I now
live and Silus Bradley’s house on the road leading from my present home to
Ogles Chapple running on easterly course with said road to binds creek then
down the said creek to the lower end of the big bottom then leaving the creek a
north easterly course to a pine in the gap of the ridge then a straight line to
corn between myself and Awasa Constar and Brausen. I Will and bequeath to Robt
L. Shields my son from that line that I have
Page 246
Above stated and before stated
beginning on the corner of Conatses Brawan and myself running down ? with the
old line between B. Jones and F. M. McMahan to Binds Creek then up the creek so
as to take all the land that is in the South west side of the creek in with the
said old Jones tract to L. Shields my son.
All the remainder of my place of
land I will and bequeath to my three daughters, Fanny J. Porter, Debera A.
Shields, and Caveen A. Shields to be divided equally between them.
I further direct and will that Eliza
Shields my wife give my son Robt L. Shields one horse out of my personal estate
and also a mare saddle.
In witness whereof I do to this my
Will set my hand and seal this 17th day of January 1878
Robert Shields
Signed sealed and published in our
present and signed by us in the presence of the testator.
Witness
Levi Branson
James Bryan
Admitted to probate at the ? of the
county court 1878
W. Fowler Clerk
Page 247
The Will of Jacob Evans and Martha
Evans
State of Tennessee
Sevier County
February the 2nd 1878
I Jacob Evans I do hereby make my
Last Will and Testament both of my real estate and personal property, after my
funeral expenses is paid I bequeath to my daughter Sophian Ownby and her son
Samuel Ownby my land when I now live adjoining the lands of William Maples and
other on Binds Creek containing one hundred and fifty acres abbending to the
calls of my deeds to have and hold to take charge of me and the Old woman and
take care of us in our life time and all of my personal property at my death
except my Isun? I bequeath to my son Richard Evans.
Now the consideration of this Will
is such that should Sophian Ownby not live to take care of me and wife that her
heir is to do it and have the lands and if the couterety of the above is
complied with Sophian Ownby and her heir shall hold my land in law on equity
from the rest of my heirs forever and if not complied with this Will is null
and void, but if complied with it shall stand forever. Where unto we set our
hands and seals
Jacob Evans (his mark)
Martha Evans (Her mark)
Attest
John Ownby
D. C. Scruggs
Admitted to probate the April tenth
of the County Court 1878
W. Fowler (Clerk)
Page 248
Will of William Thomas
I William Thomas of the county of
Sevier and State of Tennessee: being in feeble health sound and disposing mind
and memory and being desirous of settling my worldly affairs, do hereby make
and publish this my last will and testament.
As to my worldly estate, real and
personal, I do devise, bequeath and dispose of, in the manner following to wit:
My Will is that all my just debts
and funeral charges, shall, by my executors herein after named, be paid out of
my estate, as soon after my decease as shall, by them, be found convenient.
I give to my wife and two children
E. A. C. Thomas, Kate Thomas and Luella Thomas, all my personal property and
money to be divided equally between each of them.
I direct that my wife remain in full
possession of my dwelling, so long as she lives and that she be furnished by my
executor, a bountiful support out of the products of my farm.
I give my lands to my two daughters,
Kate and Luella, during their natural life and at their death, I give it to
their heirs.
I direct the guardians of my two
children to give them a good english education and a liberal support while
under their charge.
I request my executor to let my name
on certain notes given by J. S. and S. J. Raudles or Randle remain so
long as the land of which they are in possession, shall be considered as good
security for said notes.
I do appoint William R. Keener and
Abner H. Huffakers, the guardian of my two children, Kate and Luella.
I do nominate and appoint the above
named William R. Keener and Abner H. Huffaker to be also, the executors of this
my last Will and Testament.
In testament whereof I William
Thomas have hereunto Subscribed my name and Seal, on this day of March 7th
1878.
Signed William Thomas in the ? of
J. S. Randles
James W. Thomas
Duly admitted to probate the 6th
day of May 1878.
Page 250
Will of Huldah McMahan
I Huldah McMahan of Advanced year
being sick but of sane mind and disposing memory do hereby make and publish
this my last Will and Testament.
First
It is my wish and direction that all my just debts be paid and that my executor
out of my estate defray my burial expenses.
Second I will and
bequeath to my daughter Rebecca Swapp 1 prep for holding dishes, 1 small walnut
table, 1 bedstead, bed and 1 furnishing of bed clothing, and in addition to
this 1 blanket 1 covolid and 1 cenfent and 1 sheet.
Third
I Will and bequeath to my grandchildren Rebecca McMahan and Mollie McMahan 1
feather bed each and one furnishing of bed clothes for each. I have raised said
grandchildren from infancy and it is my wish and request that their guardian
permit there to remain with my daughter Nancy J Chambers.
Forth
All the balance of my property including all personal owned my me and all debts
on claims due me, I will and bequeath to my daughter, Nancy J. Chambers, this
includes the present years rents on the farm where I live and the interest
deserved to me in Chancery Court at Sevierville in the Case of Stephen R.
Bradshaw and others against Huldah McMahan and others.
Fifth
I nominate and appoint W. H. Houk as executor of this my Last Will and
Testament. In Testimony whereof I have hereto set my hand, this day of April
1878.
Huldah McMahan (his mark)
Subscribing Witness
R. H. Andes
John W. Andes
Admitted to probate on the 5th August 1878 ? page 173
W Fowler (clerk)
Page 253
The Will of Gilbert Gallion
I Gilbert Gallion being of sound
mind and disproving memory do make and ordain this my last Will and Testament
hereby revoking all other Wills made by me.
First
A sufficient portion of my personal property be sold to pay my funeral expenses
and all debts that may being owing at my death.
Second
I will and bequeath to my daughter Dorothy Jane Reagan, one buruar, one
bedstead, bed and furniture, and one set of mill starts and irons.
Third
I will and bequeath to my son Anderson Galyean one bedstead bed and furniture
and one large chest and one rifle gun.
Forth
I will and bequeath to my daughter Amanda A Galyean the remainder of my
household and kitchen furniture.
Fifth
I will and bequeath to my son Anderson Galyean and my daughter Amanda A Galyean
a tract of land containing seventy-nine acres. lying are the waters of second
Knob Creek Church, In Dial-No 10 joining the lands of Ina Garner, Simon
Johnson, Benjamin Clark and other said lands to be divided as follows, Amanda
to have forty two acres including the building and Anderson the remainder. The
dividing line to be so ?, as to give to each their proportional part of cleared
and lumbered lands.
Page 254
Sixth
I appoint W. M. Burnett as my executor to this my last Will and Testament.
Gilbert
Galyean (his mark)
The above Will was read to and
signed by Gilbert Galyean in our present.
K. Cunningham
Isharn Neamas
Admitted to probate September 2nd
1878
P. 200
Page 255
The Will of Benjamin F. Tipton
I Benjamin F. Tipton being of feeble
health but sound mind and disposing memory do make and publish this my last
Will and Testament.
First
I direct that all my just debt and funeral expenses be paid out of the first
money that may come into the hands of my executors to be hereafter named.
McClung Billenlove have a judgement against me the amount of which is not
remembered, I direct that this judgement be paid without interest. William
Cattlet holds a note on me for fifty dollars borrowed money which has been paid
but by my own neglect has not been taken ref.
Second I bequest to my
sister Lewessa? McPhenson two thirds of all my property remaining after
executing clause first. If the said Lewessa?
Page 256
Should be living at the death of my
wife.
Third
I bequeath to my sister Rebecca Bolin one forth of the remainder of my estate,
if she should be living at the death of my wife.
Fourth I bequests
to my Marian Tipton the remaining forth of my estate should he be living at the
death of my wife.
Fifth
I direct in case the death of the death of either or all of my sisters and
brothers hereinfore mentioned before the death of my wife Abigale Tipton that
my son James Callett Tipton shall the interest or the interests in my estate in
like manner as if the same had been directly willed to him but this bequeath to
my son is a condition he make a sober and honest man.
Page 257
Sixth
I direct that my executor appropriate a sufficient sum of money out of my
estate ? at my grave area the grave of my deceased child Laura A. Tipton decent
grave stone with suitable inscription thereof the bequeath herein before made
are included to embrace the full amount of the clause whatever the sum may be
that I die now having prosecuted for Military Service rendered be me for
Government in the late Civil War, of the sum be recovered for me. If this fund
should be realized before the death of my wife I that all my debts, funeral and
other expense be out of the same died? The remainder to ? to my sister ,
brother and son as provided for in the several clauses relating to them.
Page 258
Seventh
I nominate constitute and appoint my esteemed friend M. T. Thomas executor of
this my Will.
In testimony of are which
havehereinto sat my hand and affixed my signature the 13th day of
July A. D. 1878.
Signed by the testaton B. F. Tipton
In our present the day above mentioned.
S. A. Rule
Micagah Watson
Admitted to probate the 7th
day of October 1878.
W. P. Chill
County Clerk
Page 259
The Will of William Ellis
I William Ellis of the county of
Sevier and State of Tennessee do make and execute this my last Will and
testament, hereby revoking and making void all former Wills by me heretofore
made.
Item 1st
I Will and bequeath to my son John Ellis the use and benefit of the following
tract of land for and during his natural life for support and maintenance of
himself and family towit.
Rounded as follows, Beginning on a
Sharriah Oak corner to the widow Ray on the bank of the French Broad river
above the ferry, thereas returning? with the measure of the river north 63 west
130 poles to a stake at the river. Fluin with said river south 75 west 24 poles
to a stake at the river then South 21 east 18 poles to stake and black oak in
hollow then up the sawe ? South 22 east no poles croping to the road to a
hickory, then as South 6 poles to a ? opposite on east of ledge of rocks in the
road, south 77 east 16 poles to a pine, then as north 86 east 45 ½ poles on the
old line with said Ray, then with her line north 41 poles to a stake in a sink
then north 55 east 26 poles to the beginning. And at the death of my son John
Ellis it is my Will that said land be equally divided between the children of
said son or their representatives.
Item 2nd I
will and bequeath to my daughter Jane Leek the use and benefit of the following
described piece of land for and during her natural life towit: Bounded as
follows.
Page 260
Beginning on a stake on French Broad
River ? to first lot ? with said lot south 21 East 5 holes to a locust, South
21 East 58 holes lot stake Sassafras: South 64 East 18 holes to a stake and
black oak, in a hollow, then up the same south 22 East 40 holes scraping the
road to a hickory. South 6 holes to a line, on a site or east of a ledge of
rocks in the road, South 77 East 16 holes to a line, then north 86 East 45 ½
holes to a stake on the old line with the ? Then with the line South 19 holes
to a stake and post oak, thence South 88 West 65 holes to a post oak on the
East side of the road, thence North 6, east 3 holes to a post oak, thence North
87 West 42 holes to a double hickory, thence South 75 West 27 holes to a stake,
thence north 21 east 106 holes to a stake at the river, thence up the meanders
of the river to the beginning, and it is also my will that at the death of my
daughter Jane Beth that said lot of land be equally divided between her
children their representatives.
Third I will and bequeath to my
daughter Mary Ellis the following lot of land to wit; bounded as follows,
Beginning on the stake corner to the second lot on the bank of French Broad
River, thence with the maunders of the said river to the (written below usual
text) thence up the meanders of said river to a sha?) to the mouth of the
Little Pigeon River, thence up the same, 6 holes to a ? at the river, thence
North 63 East 51 ½ to a stake corner to the second lot,
Page 261
Thence with same North 21 East 106
holes to the beginning. I also bequeath to my said daughter, Mary Ellis my
brick house which stands in the yard South of my dwelling house to be removed
by her on to the lot of land which I have given to her. I also will and
bequeath to my said daughter Mary Ellis the following lot of wood lands to wit;
Beginning at the main road at the Studgar tree hollow, thence to a hollow that
leads to the house known as the Lipil House, thence up said hollow to the Lipil
House, then on a line of the fifth lot with the division of my land to the
beginning. I also will and bequeath to my said daughter Mary Ellis One hundred
dollars of personal property to be selected by her out of any property in the
house. She is to also have the property she claims as her own.
Idem 4 I will and
bequeath to my son, James Ellis the following as described, lot of land
including my dwelling house to wit; Bounded as follows, Beginning at the Iron
Wood opersite the boat landing above Gist creek.
Page 262
On the East bank of the Little
Pigeon River at the mouth of a small branch running South78 East 22 holes to a
stake, thence North 38 East 26 holes to a double post Oak on the west side of
the road leading from Sevierville to the ferry, thence up the Shugas tree
hollow to the widow Ray’s live to the white oak, thence with where her live
North 31 West 46 holes to a stake and ? corner to said Ray, thence with the
same south 88 West 65 hole to a post oak on the east side of the road, thence
north 6 east 3 holes to a post oak thence North 87 west dropping to the road 42
holes to a double hickory, thence South 75 west 27 holes to a ? corner to the
second and third lots. Thence with the line of the third lot South 63 west 51 ½
poles to a east corner to the third lot on the Pigeon River, thence up the
manders of said river to the beginning of said lot of land. Being more valuable
than the other lots of land my son James Ellis is thereforth required a to give
into my
Page 263
estate the sum of two hundred
dollars to equalize the same and my son James is to permit my daughter Mary to
remove the brick house above the dwelling house which I have given to her.
Idem 5 It is my will
that my Executor shall sell to the highest bidder on at private sale as he may
think just for my estate the following described lot of land being lot no 5 in
the division of any lands bound as follows, beginning on a double post oak
North 86 East 32 holes to a line South 70 East 61 holes to a hickory, thence
South 16 East 16 ½ to a line South 41 East 31 holes to a white oak, South 63 75
East 27 holes to a stake South 24 east 3 holes to the original corner with the
Blair land, thence with the same South 81 West 176 holes to a sycamore on
Pigeon River, thence down with the manders of the river, North 36 West 32 holes
to a stake then North 15 east 50 holes to the beginning, supposed to contain 70
acres more or less. Said land to be sold on a credit of twelve months and
eighteen months, one half at each payment, my executor taking good security for
the purchase or money and also retaining a lien on the land for the purchase
money.
Page 264
Idem 6th I will and
bequeath to my daughter, Nancy Goforth the following described lot of land to
wit; Bounded as follows, beginning at the mouth of the hollow that leads to the
Lipid house and remaining in the said hollow to the Murphy line, then with the
line of Murphy to the Ray land then with the line of the Ray land to the upper
end of the Shogun tree hollow, then down with the other line to the forth lot
to the beginning. I also will and bequeath to my said daughter Nancy Goforth a
note on the proceeds of the same heretofore given to her or Dr. Ellis which was
the purchase money for a Negro girl which note was for one thousand dollars.
Idem 7 I will and
bequeath to my daughter Elizabeth Hodges the sum of two hundred dollars to be
paid to her by my executor out of my personal estate, I also give to her the
proceeds of a note heretofore given to her by Robt Evens for Eleven hundred
dollars which was for a Negro girl. I also give to her one hundred dollars
heretofore advanced to her by myself during the war.
Page 265
Idem 8 I will and
bequeath to my daughter Mahala Stockton three hundred dollars to be paid to her
by my Executor out of my estate.
Idem 9 I will and
bequeath to Mary Ellis and James Children of my deceased son Shay each the sum
of three hundred dollars to be paid to them by my executor.
Idem 10 Should there be a
balance left of any personal estate and the money arising from the land to be
sold after paying all the foregoing bequests and liabilities against my estate
I want it to be equally divided between my five daughters to wit; Mahala
Stockton, Elizabeth Hodges, Nancy Goforth, Mary Ellis and Jane Leek. I hereby
appoint my son James Ellis Executor of this my last Will and Testament.
It is my desire that my personal
property be sold to the highest bidder on a credit of twelve months purchers
are required to give good security and the proceeds applied as heretofore
bequeathed in this Will.
Given under my hand and seal this 22nd
day of August 1871, William Ellis.
Signed and sealed in our presents
and attested us at the request of William Ellis this 22nd day of
August 1871.
M.W. McCown
C. M. Hodges
Page 266
A codicil to the foregoing will. I
William Ellis do make and adopt the following as a codicil to my last will and
testament. I will and bequeath to my daughter Elizabeth Hodges all my undivided
interest in a tract of land lying on Dumplin Creek in Sevier Country adjoining
the lands of W. D. Hodges and others it ? the tract of land owned by my father
in his life time. This 30th of April 1872
William Ellis
Attest
L. W. McCown
M. C. W. Hodges
N. Duly admitted to probate the 2nd day of
December 1878
W. P. Wirchill
Clerk
Second to the foregoing Will.
I have layed on my farm one acre of
land to be used and kept as a family burying ground which is bound as follows.
Beginning on the road leading from Sevierville to the ferry on the line of the
land I have bequeath to John Ellis there running with his line South 77 east 18
holes to a line South 13 Northwest 10 holes to a ? knot. Then North 77 West 16
holes
Page 267
To a post oak and sassafras on the
East of said road; there with the said road to the beginning which piece of
land it is my Will. Shall forever be and remain as a family burying ground for
all family and to be excluded from the land mentioned in the second item of my
will but the second item is to remain as therefore except the deduction of said
one acre of land.
Witness my hand and seal the 6th
March 1878
William Ellis
Attest
M. W. McCown
D. P. Gap
I William Ellis being of feeble
health but of sound mind and in view of the uncertainly of life do this day
make this codicil to my Will. 1st I will that my daughter Nancy
Ellis shall have a road sufficient for a farm road from the gate corner to the
lots. I heretofore bequeath to my daughter Jane Leek and my son James Ellis
said road to run on the present out by my son James Ellis garden to the road
leading from Sevierville to Ellis Ferry where said road leaves the gate herein
named it in my Will it shall run by the old well, this 24th day of
September 1878.
Witness my hand and seal
William Ellis
Witnesses
J. H. Atchely
Hugh Goforth
Page 268
Duly admitted to probate 2nd
day of December 1878.
W. P. Witchell
Page 269
Will of Elizabeth Jeffers
State of Tennessee
Sevier County
I Elizabeth Jeffers In the Name of
The Lord Jesus Christ do on this the 2nd day of February in the year
of our Lord Jesus Christ one thousand eight hundred and Seventy Five do make
this my last Will and Testament.
My Will is first that I want my bed
clothing divided between Lucy and Linny Hodge all but one quilt and that I want
Littia Lucy Stafford to have.
2nd
I want Lucy or Linny to have my saddle. I also want Lucy and Linny to divide my
feather bed between them two; Also I want them two to divide my warring clothes
between them two, Except one dress a worsted or calico I don’t care which Let
her make her choice that I want Littia Stafford to have.
3rd
Linny is to have a choice of my braided or chist and Lucy is to have the other.
4th
And that money that Calvin owes me I want Lucy Linny and Littia and Charles to
have to divide it, to divvied it sortes equal between them after taking out my
burial expenses and doctor bill. And my little wheat I want Lucy and Linny
between them two.
Underlined before I signed
Page 270
Witness Elizabeth Jeffers
The foregoing signatures the day it
bears date above.
Hannah A. Jones
G. W. L. Hill
Page 271
The Will of George Wade
In the name of God Amen. I George
Wade being of advanced in age. Being of sound mind and asposing memory do make
this my last will and testament hereby making void all wills heretofore made by
me at any time. Do hereby make the following decisions of what property it has
blessed the Almighty God to entrust me with.
1st
Will my soul to my
maker and my body to the earth from where it came and that after my death that
any funeral and burial expenses be paid by my executors out of my money that
may come to his hands.
2nd
I give and bequeath to my beloved wife Ann Wade during her natural life all my
home tract of land and my fifteen acres tract of land except the Mill and
Machine and the Mill race and the right a way of the water to the Mill from the
big spring and the dwelling house where George N. Wade built and lived and ? ?
? around the house which except property is under lease to George N. Wade
during my and my wife Ann Wade lifetime and also I give and bequeath to my wife
Ann Wade during her lifetime all of my personal property Including household
and kitchen furniture except what I make disspose of in my will and she is to
have the entire contact of foregoing bequeathed land and property except George
N. Wade is to have the right to get his firewood off of said lands and at her
death the foresaid bequeath lands and property shall fall back to any estate
Page 272
And I will direct that my executors
in a reasonable time sell all of the personal property on a 6 months time I and
at the death of my wife Ann Wade I will and bequeath to my son George N. Wade
the following described land on tract of land including the dwelling house and
Mill. Beginning at the stake the corner of the Big Spring then with Burns line
to Johnsons with Johnsons to the Chillins with the same to A. P. Hodge with his
to the beginning.
3rd
And the balance of my home tract of land not disposed of in this my last Will I
direct that after the death of my wife that my executors sell the same at my
last resident on a credit of one and two years with interest taking rate and
Good security for the same after giving the notice required by law.
4th
My Will is that my executors in a short time after my death sell my knob tract
of land after giving notice according to law on a credit of 12 and 24 months
with interest from date.
5th
My Will that after the notes I hold at my death is collected and the proceeds
of the sale of the Know land collected and the money on hand at my death after
paying expenses is to be equally divided between my son James M. Wade and my 2
daughters Mary A. Burns wife of E. P. Burn and Nancy Lipton wife of
Page 273
Of C. C. Lipton and each of there is
pay to my said wife Ann Wade during her life interest on the amount paid there
by my executor in this division at six cent paid annually and it is my will and
I desire where the money is collected arising from the sale of my personal
property after the death of my said wife that there shall be paid to my son J.
W. Wade and my two daughters Mary A. Burns and Nancy R. Lipton, So much each
including the amount they receive from the sale of Knob land notes and money on
hand at my death this amount of six hundred dollars each makes their up equal
as I have heretofore advanced to my son J.J. Wade and Emily Hodges my daughter
the sum of six hundred each and after all of the foregoing bequeath are paid
and taken out my will is that the balance shall be equally divided among my six
children to wit; J.J. Wade, J.M. Wade, George N. Wade, Mary A. Burns, Nancy R.
Lipton, and Emily Hodges share and share alike and I do nominate my sons J.J.
Wade and J. M. Wade my executors to carry out this my last will and testament
and my executors is to act without giving any bond or security this 14 day of
August 1876
George Wade
Signed, sealed and published in our
presence and we have subscribed our name in the presence of the Testaton this
14th day of August 1878
Adam Fagala
G. W. Raudles
Page 274
The Will of Sarah Butler
In the Name of our Lord Amen
I Sarah Butler being of sound mind
and disposing memory, and in view of the uncertainty of life, and the certainty
of death. Do make and ordain this my last will and testament.
It is my will that after my decease
my nephew Robert Marshall shall have the land willed to me by my father. It
being the upper half of that portion of the land owned by my father on the side
Middle Creek on which the house stands with the orchard.
Sarah Butler
Signed and sealed in our presents
this 22 day of July 1859
Attest
Isaac Trotter
W. H. Trotter
Page 275
Will of Alexander Lewelling
State of Tennessee
Sevier County
I Alexander Lewelling 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 expense and debts be paid as soon after my death as
possible out of any monies that I may die possessed of or may first come into
the hands of my executor.
Secondly I give
and bequeath to Susan Marrey all of my lands except one tract known as Marrey
Track or Pickens Track, the title calls for one hundred acres more or less, the
title made to me by J. A. Pickens administrator of Samuel Pickens deceased and
after the death of said Susan Marrey this tract shall fall to John and Lealvin
Lewelling heirs of the said Susan Marrey. This are the home tract that Susan
Marrey and John and Lealvin Lewelling are to have.
Thirdly I give and bequeath to
Elizabeth Jenkins and John Lewelling deceased and to Leatteine Rolling and to
William Lewelling and to Sarah Lipton and to James Lewelling and to Ashley
Lewelling and to Nancy Gipson, one track of land the title calls for one
hundred acres more or less nown(?) as the Marrey or Pickens Track the title made
to me by J. A. Pickens admistrator of Samuel Pickens deceased the crop that are
now on it shall be excepted.
Fourthly I give and bequeath all my
personal property to Susan Marrey that I am now possession of.
Fifthly My Will are that Susan
Marrey are to pay all of my debts out of
Page 276
Her part of my estate that I will to
her the said Susan Marrey.
Sixthly I do hereby nominate
and appoint Susan Marrey my executor and I will that my executor are not to
give bond or security.
In witness whereof I do to this my
will set my hand and seal and publish in our present and we have subscribed our
names in the presence of the Testator.
Will of Alexander Lewelling this May
the 6th 1879
Witness W. A. Baker
Joseph Baker
Page 277
The Will of William Fox
I William Fox Sr. Do make and
publish this my last Will and Testament hereby revoking and making void all
other Wills by me at any other time.
First
I direct that my funeral expenses and all my debts be paid as soon after my death
or before my death if possible out of any money that I may ? Possession of, or
may first ? into the hands of my executor.
Secondly I will and
bequeath to my son George Fox and my daughter Cassandra Fox one half of my land
jointly and two acres over half of my home place. Also I give to my daughter
Cassandra Fox and my son George Fox all m household and kitchen furniture and
all my farming tools and all my stock. I give my wagon to George Fox and
William C. Fox. I have here some trouble in my afflictions and might be a great
deal more and as George and Cassandra are living with me and is to take care of
me while I live. I desire to give them a little the advantage in the bequeath.
That is as I have just stated I have been trouble to wait on and will be to
wait on while I live which might be a big debt and my wish is to settle this
debt while I am living me land to George and Cassandra Fox.
Thirdly I give to
William C. Fox the bounds of my home place which will be ? acres less their one
half of the whole tract which is a consolidate
Page 278
Entry and the woodland I desire to
be divided equally between the two shares, that is George Fox and William C.
Fox. William C. Fox in consideration of the before mentioned land will have the
following amount of money to the following named heirs to wit; Three hundred
dollars to Nelson Fox, Three hundred dollars to Lilman H. Fox, to Margaret
Shrader three hundred dollars and to Laresa McAndrew three hundred dollars.
Fourthly I desire that my
executor sue the balance of any Knob or Reanian Frazer and pay my debts and if
it over pay my debts. I want them to divide the remainder between themselves
and if it is not enough to pay all my debts they must pay what may be lacking,
also if there ever should be anything received from the government and the
Rebel debt clause I have proven I want it equally divided between William C.
Fox and George Fox.
Lastly I do hereby
nominate and appoint my two sons William C. Fox and George Fox my executor to
this my last will and testament. In witness whereof I do to this will set my
hand and seal, this 16th day of February 1870
Page 279
Signed sealed and published in our
presents and we have subscribed our names hereunto in the presents of the
testator this 16th day of February A. D. 1870
John W. McAndrew
Brandon Fox
Page 280
The Will of John Andes
State of Tennessee
Sevier County
I John Andes of the County of Sevier
and the State of Tennessee being old and infirm but of Sound mind, do make and
execute this my last will and testament on this 18th day of April
1877.
First I will and
bequeath to my wife Letty N. Andes a bed and clothing, a chest and the
necessary articles about the house that she claims as her own and five hundred
dollars in money
2 I will and bequeath to my daughter
Betsy Ann Henderson five hundred dollars in money
3 I will and bequeath to my daughter
Sarah Seaton one hundred dollars in money as I have heretofore given her a
portion.
4 I will and bequeath to the three
children of my deceased son A. C. Andes the sum of one hundred dollars to be
equally divided between them and paid to them ? my executors as they become of
age. I had heretofore made advancements to my deceased son near about his
share of my estate.
5 It is my will that my executor as
soon as practicable after my death to sell all my property both land and
personal property at public sale to the highest bidder either for cash or upon
such credit as they may
Page 281
Think best and to collect what debts
may be oweing to me and out of the proceeds of said sales and collections, I
want my funeral expenses and also any just debts I might be oweing. And also
that the foregoing bequests be paid out of the proceeds of my estate.
6 My will is that the remainder of my
estate be equally divided between my wife Letty W. Andes my daughter Betsy Ann
Henderson and m three sons R. H. Andes, John W. Andes and I. L Andes.
7 Should my wife Letty W. Andes die
before the execution of this will let my executor then in that event I want the
bequests to her to be equally divided between my daughter Betsy Ann Henderson
and my sons R. H. Andes, John W. Andes and I. L Andes.
8 I hereby appoint my three sons R. H.
Andes, John W. Andes and I. L Andes my executors to execute this my last Will
and Testament.
9 Should said executors differ on any
question in the execution of this will, there two agreeing to control So that
my estate may be wound up peaceably and without any lawing.
Witness my hand and seal this 18th
day of April 1877
John Andes
Attest
M. W. McCown
E. M. Wynn
Admitted to probate 7 June 1880 on
page 500 of the court record
Page 282
The Will of Jacob Huben (Huber?)
I Jacob Huben (Huber?) of the county
of Sevier and state of Tennessee do male and execute this my last Will and
Testament on this 5th day of March in the year of our Lord one
thousand eight hundred and eighty, hereby revoking and making void and former
Wills by me anytime heretofore made.
“First” My Will is that
all my debts and funeral expenses be paid out of any money that might be on
hand or any other personal property at the time of my decease.
“Second” My will is that my grand
daughter Adeline H. and Diannah H. Lawson have one bed and bed clothing each, and
my cupboard and cupboard furniture and kitchen furniture jointly.
“Third” My will is that my daughter
Eveling D. Lawson have during her natural lifetime all my real estate together with
all my personal property after the first and second clauses in this will have
been complied with and the remainder to be equally divided between all my Grand
children. But this clause is not ment to conflict with the next two clauses in
this will.
“Fourth” My will is that if there is
any one or more of my grand daughters unmarried at the death of my daughter
Eveling D. Lawson that they have a sufficient amount if to the full amount of
my home furniture to make them a decent respectable and conformable support so
long as they may remain single.
“Fifth” My will is that if my
daughter Eveling D. Lawson may deem it expectant an proper she may sell and
convey my tract of land known as the John Seaton tract
Page 283
where Alex Pennymore now lives and
make a deed in fee ? to the purchaser.
“Sixth” I hereby appoint my daughter
Eveling D. Lawson and her son G. H. Lawson Executor of this my last will and
testament.
In witness hereof I hereunto set my
hand and affix my seal the date above written
Jacob Huben (Huber?)
Attest
J. L. Leak
W. C. Chandler
Admitted to probate 2nd
day of August 1880
M. P. Thomas Dept Clerk
Page 284
Will of Robert S. Atchley
I Robert S. Atchley of the County of
Sevier and State of Tennessee do make and execute this my last will and
testament and being of sound mind and memory
1st I will that my
wife have all my lands for her and my four small children to wit;
Mary Ann , Murtlire (?) P., Opelidia
F. and Gilbert R. for their use and benefit and if my wife was to die, it is my
will that the four children above named have my land.
2nd I will
that my wife have all my personal property in and out of the house for her and
her childrens use and benefit.
3rd It is my request
that the County Court of Sevier County appoint some suitable person to carry
out the above will.
Signed and sealed in the presents of
these witnesses this 5th day of July 1880
R. S. Atchley
Attest
G. C. Murphy
John Murphy
Page 285
Will of Nicholas A. Sharp
I Nicholas A. Sharp of the County of
Sevier and the State of Tennessee, being of sound mind and disposing memory do
make and ordain this my last will and testament, hereby revoking all other
wills by me heretofore made, and
First I give my body to
the tomb and my soul to God who gave it.
2nd That my funeral
expenses and all other debts that I may be oweing at the time of my death be
paid out of the first money that may come into the hand of my executor.
3rd That my sons
John Freeman, Charles Newton, Walter Alexander, and Joseph Nickels be supported
or raised on the farm until the youngest becomes twenty one years old, then the
farm be sold and the proceeds equally divided between the above named sons and
my wife Mary Sharp provided she remains a widow.
4th In case she
should marry before the youngest becomes of age, then she is to have two
hundred dollars as her portion of my estate.
5th I appoint James
R. Sharp as my executor.
O. A. Sharp
P. The above was read to N. A. Sharp
before he signed the same and signed it in our presents this 18th
day of August 1880
Q. W. M. Burnett
R. G. A. Burnett
Admitted to probate 4th
day of October 1880
M. P. Thomas Clerk
Page 286
The Will of Lorerizo D. Alexander
I Lorerizo D. Alexander do make and
publish this my last will and testament, hereby revoking and making void all
other will 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 practicable out of any money that
may be on hand at my death or may first come to the hands of my executor.
Secondly
I give and bequeath to my beloved wife Alexander for her support and
maintenance, the sum of one hundred dollars for each year that she may Survive
me to be paid to her by my executor semi-annually or quarterly as her
necessities may require, and it is my desire that She make her home with my son
in law Thomas Edison, or write the family of Madison Housley as she may prefer,
either of them I am Satisfied will provide her every comfort during her life.
Third
I will and bequeath to my son W. G. Alexander of Knoxville for life and
remainder to his child or children after his death, the business house and lot
on the west side of Market Square in Knoxville Tennessee, which I recently
purchased from J. R. Corrick Sr. (Conrick?) for the sum of twenty nine hundred
and fifty dollars, two hundred and thirty odd which remains unpaid, which
amount together with all necessary cents and charges to perfect the title to
said property I desire to be paid out of my personal estate.
It being my interest to give said
property for life to my said son W. G. Alexander free from all encumbrance and
remainder over to his child or children or their legal representative and I
value said house and lot to him at twenty nine hundred and fifty dollars.
Fourth I give and
bequeath to my daughter Julia Anderson of New Market for life and remainder
over to her children or in case of the death of either of her children to their
legal representatives, the house and lot in New Market where on she now lives
and I valve said house and lot to
Page 287
Her at the sum of twelve hundred
dollars. I also will to her upon the same limitations and restinctionas above
set forth in regard to the New Market property the farm where Madison Hureley
now lives Situated on or near the public road leading from Strawberry plains to
Henry X Roads and about two miles distance from Strawberry Plains, which place
I value to her at the sum of twelve hundred and sixty dollars.
Fifty
I will and bequeath to my Grand daughter Carrie Sellers, May, Dizzie, and Nelie
Eison in commons the tract of land where on the last three name
Her at the sum of twelve hundred
dollars. I also will to her upon the same limitations and restinctionas above
set forth in regard to the New Market property the farm where Madison Hureley
now lives Situated on or near the public road leading from Strawberry plains to
Henry X Roads and about two miles distance from Strawberry Plains, which place
I value to her at the sum of twelve hundred and sixty dollars.
Fifth
I will and bequeath to my Grand daughter Carrie Sellers, May, Dizzie, and Nelie
Eison in commons the tract of land where on the last three name reside with
their father Thomas Eison, and that they hold ? ? Common during their life and
the remainder over to heir children, and in case that either should die without
issue then it is my will that her undivided one forth interest in said tract
descend to the other two without restrictions or encumbrance said tract of land
is bounded as follow.
Commencing on a pine corner near the
Methodist Church on Aley Bryant line with Public road in part to the rock
corner near an old Black Smith Shop so as to include the house where Dr.
McCarvy lived, therece with the Bryant ferry road to a large red oak near the
mouth of the cave, there with Abner Huffaker line or the line of the place
whereon he now lives to a pine knot corner, thenece with the line of the Bryant
heirs to Dr. Sneads line thence with the Sneads line to the line of W. P.
Brabson, therece with his line crossing the Brabson ferry road to the line of
Thas Hickman therece with his line to Keer line, therece with Keers line to
Aley Bryants line therece with her line to the beginning, containing three
hundred and one acres more and less: Being the same land Theretofore set apart
for the Eison at the sum of twenty five hundred dollars
Page 288
Sixth
I have heretofore given to my daughter Caroline Brinhave four hundred and
twenty five dollars in money and she being a resident of the State of Texas and
unable to look after real estate here it is my will and I direct my executor to
pay to her out of my personal estate the sum of twenty five hundred and twenty
five dollars to make her equal with my son Alexander to whom I have willed him
real estate in Knoxville worth twenty nine hundred and fifty dollars.
Seventh
I will and bequeath to my grand daughter Carrie Sellers – Mary, Lizzie and
Julia Eison four hundred and fifty dollars which will make them in all twenty
nine hundred and fifty dollars, and equal to the bequest to my son W. G.
Alexander.
Eighth I will and
bequeath to my daughter Julia Anderson four hundred and ninety dollars which
together with real state herein before willed to her make twenty nine hundred
and fifty dollars, equal to the amount herein before willed to my son W. G.
Alexander.
Ninth
In consideration of the services of Mattie Flemming in waiting upon me and my
wife in our old age, It is my will and I direct she be paid one hundred dollars
to be invested in a home for her and her child during her life and after her
death to descend to her child Jennie.
Tenth It is
my will that all the forgoing money bequests be paid out of my personal estate.
Eleventh
It is my will that the place upon which I now reside ? to me by my son George
containing three hundred and thirty seven acres more or less, and the place
known as
Page 289
The Blue Spring place- and the place
known as the river place with the addition of amount thirty four acres which I
hereto fore added to it – and the dwelling house and lot in the city of
Knoxville where my son W. G. Alexander now lives and also one other house and
lot in the city of Knoxville on Pine Street all be sold at public auction upon
the following terms vie (?).
The Blue Spring place on twelve and
eighteen months time, the house and lot in Knoxville on Pine Street on Six and
twelve months time. The farm and buildings whereon I now reside and which was
deeded to me by my son George and the peace known as the river peace and the
house and the lot in the city of Knoxville on which my son George now lives all
on twelve eighteen and twenty four month time – ten percent of the purchase
being paid down, the balance in equal installment, and in each case nates with
approved security will be taken and a line retained on the land until the
purchase money is fully paid. All of said property to be sold by my executor
after giving at least sixty days notice of time and place of sale.
Eleventh
It us my will and direct that my executor as soon as practicable proceed to
collect all notes account and whatever personal assets may be due me together
with the proceeds arriving from the sale of the real estate and the sale and
after paying the various bequests herein before set forth and all debts and
expenses of Administration and after paying to my son W. G. Alexander the value
on proceeds of the best house on the place or if he prefers it, he can take the
house in Knoxville. It being my wish on account of the hardship he has
undergone, to give him the best house on the place more than the other heirs.
It is my will the remainder be equally divided among my children or their
representatives, that is to say to my daughter Caroline Bumham one forth, to my
son W. G. Alexander one forth to my daughter Julia Anderson one forth and to my
Page 290
Grand children Carrie Sellers, Mary
– Lizzie and Julia Eison one forth:
Twelfth It is my will that
should and one of my children go to law with the others of my heir about my
property or attempt to break my will, that they shall receive no part of my
estate, but that the part herein before willed to them shall be equally divided
among the others according to the foregoing provisions of this will.
And lastly I hereby nominate and
appoint my nephew William Fowler my sole executor of this my last will and
testament. In witness whereof I do to this my will set my hand this 15th
day of December one thousand eight hundred and eighty one.
L. D. Alexander
Signed and published in our present
and we have subscribed our names hereto in the presents of the testaton and
each other and at the request of Testaton of this 15th day of
December 1887
A A. Caldwell
J. M. Duncan
Admitted to probate the 6th
day of February 1882 on record page 171
M. P. Thomas
Clerk
Page 291
Will of Nelson R. Rogers
State of Tennessee
Country of Sevier
Know all men by these presents that
I Nelson R. Rogers do make and publish this my last will and testament hereby
revoking and making void all other wills by me at any other time made, first I
will that my funeral expenses and first debts be paid out of any money that I
may die seized or possessed of or that may first come into the hands of my
executor or administrators.
I will to my beloved wife Emily
Rogers all my land during her natural life or widowhood and to have the control
of the same so long as she remains a widow but if she should marry then she is
only to have a childs part. I desire that my boys Jesse, John B. James E.
George T. and Asa T. Rogers have the ? of the lands provided they keep up the
fencing and pay their mother Emily Rogers one forth of the products. I will to
George T. and Asa T. the following named tracts of land the home place, the
Willson Lease tract running the top of the walnut ridge to the coal pit field
fence thence with the fence around the corner of the hill field thence leaving
the fence and running the top of the divide to Hugh H. Gamble line also the
meadow tract nears H. H. Gamble provided that George and Asa pays each
Page 292
To each of the heirs at law one
hundred dollars cash, then at the death of the widow, or if she should marry
then the heirs to agree and put the land to the highest bidder and proceeds
equally divided between my lawful heirs and further will that if any my lawful
heirs should become dissatisfied and try to break my will then that act shall
disinherit him or her and they so attempting will be forever deprived of any
interested in my estate.
I make and appoint George T. Rogers,
Jesse Rogers and Anderson Davis my executor this November the 3 day 1882.
Nelson R. Rogers
Attest
George Rogers
I. R. Patty
Admitted to probate the 1day of
January 1883. See record page 266
D. H. Emest Clerk
Page 293
Will of Peter P. Davis
State of Tennessee, Sevier County
July 1st 1882
In the name of God Amen.
I Peter P. Davis, of the state and
county mentioned being entered in to my Eighthly Eighth year of my life but of
sound mind and disposing memory for which I wish to bless God, and in state of
mind feeling desirous of what little God has Blessed me with I make this last
will and Testament revoking setting aside all others wills by made by me. It is
my will that after my death my body be buried at Useba Grave yard besides my
wife Hannah Davis in my common wearing clothes without shroud.
2nd
It is my will that all
my first debts be paid.
3rd
It is my will that Rebecca Teague have all my little estate with real and
personal, house, hotel and kitchen furniture.
4th
It is my will that Rebecca Teague have all the cows, sheep, loom and all the
farming and utensils.
5th
Now this is not a given her as a gift but as payment her a debt I owe her for
taking care of me when I was not able to take care of myself. I believe she has
been paid for all the property she got.
Given under my hand and seal day and
date above written.
Peter P. Davis
Test.
Hugh H. Gamble
James Delozier
Admitted to probate the 4 day
of June 1883 see second page 367
D. T. Ement, Clerk
Page 294
Will of Thomas McMahan
I Thomas McMahan of Sevier County do
make and executor this my last Will and Testament.
It is my will and request that my
two brothers John and Mitchell take charge of all my property both real and
personal out of which I require them to pay all my just debts and also to
support and maintain my Father and Mother for and during their lives, making
sales of such property as they may think necessary to pay debts.
It is my will that my said two
brother John and Mitchell have all my property after paying my debts with the
encumbered of the support of my Father and Mother.
Given under my hand this 20th
day of July 1883
Thomas McMahan
Attest
M. W. McCown
I. E. Sharp
Admitted to probate Aug. 6 1883 See
record page 395
Ement Clerk
Page 295
Will of Randel Reece
I Randle Reece being in sound mind
and knowing the certainty of death and the uncertainty of life, do make this my
last will. I will to Amanda Reece my sister all the lands that I own in the 15th
district of the county of Sevier and the State of Tennessee.
Randel Reece
Witness
John Burchfield
A. H. Bird
B. Admitted to probate Sept. 3 1883.
C. See record page 1883
D. D. H. Emert Clerk
Page 296
Will of Joshua Williams
State of Tennessee
Sevier County
I Joshua Williams do make and
publish this as my last Will and Testament hereby revoking and making void all
others by me at anytime made.
First I direct that my funeral expenses
and all my debts be paid as soon after my death as possible out of my money
that I may die in possessed of or may first come into hands of my executor.
Second I give and
bequeath to my wife Martha Williams and her heirs Lurisa Williams, Joshua
Williams, Cordelia Williams, Manda Williams all the lands that I am possessed
of being twenty five acres more or less also I bequeath to my wife Martha
Williams and her heirs all my household and kitchen furniture also my mechanic
tools.
Lastly I do
hereby nominate and appoint Martha Williams my executor property lying in Civil
District no. 8 of Sevier County
Witness whereof I do to this my will
set my hand this 4th of November one thousand eight hundred and
seventy four.
Signed and published in our presents
and we have subscribed our names hereto in the presents of the testator. This 5th
of November 1884
Joshua Williams
Attest
N. B. Pate
Sam Henry
Admitted to probate Feb. 4 1884. See
record page 450
E. H. Emert, Clerk
Page 297
Will of John B. Emert
I John B. Emert a citizen of
Sevierville, Sevier County, Tenn. Of sound mind and memory, but feeble health,
do make and publish this my last will and Testament.
First
All my just debts be paid.
Second In order to
afford my wife Mrs. Martha J. Emert a comfortable and secure support during her
life, out of my estate I hereby devise and bequeath to her, for the term of her
natural life, all my property, real personal and mixed, to have, manage, and
use for her support during said time.
At her death said property shall be
divided among my lawful heirs and distributed according to the laws of
inheritance and distribution in Tennessee.
Third
To more effectually provide for my said wife, I hereby invest her with the
power to sell and convey and of said property for the use foresaid. This power
is given because some said reality consist of mountain farms, which may fail to
sufficiently contribute to my wifes support. My reality is Sevierville my wife
shall not sell unless, in her judgement, her support absolutely require the
same.
Any of my other reality my wife sell
if in her judgement, she can then make said property more conductive to her
support. In case of sale of said reality, the proceeds shall be loaned out with
good security or reinvested, the interest or income to be applied to her
support. The principal or property so purchased to belong to my estate. But if
my wife’s conformable support should be in her judgement
Page 298
Demand an appropriation by her past
or all of said principal or property, she is hereby vested with such power.
Fourth. Only such of my personal property
shall be sold by my executor in administering my estate, as shall meet the
approbation of my wife. She shall at once have the possession and the use of
the balance. Any money after paying debts and expenses in administration. My
wife may use as provided for as to proceeds of realty.
Fifth.
That these may be no mistake I here again direct that at my wife death, the
realty unsold at my estate or in case my wife exercise the power of sale herein
conferred the proceeds of such sale or sales or the property purchased thereby
in case of reinvestment or the remainder of the principal, if any of the
proceeds in the case the principal is diminished, shall belong to my estate and
shall be divided among my lawful heirs and distributes according to the laws of
inheritance and distribution in Tennessee.
My intention is to give my wife the
use of my estate for her support during her life, or if the profits of my
estate are in her judgement, insufficient then to give her the right to convent
to her own rise so much of my estate as will be sufficient for that purpose,
but the balance if any to belong to my estate at her death, in whatever shape
it may be found.
Sixth.
I hereby nominate and appoint my
Page 299
Said wife executor and M. W. M.
McCown executor of this my last will and Testament. I especially request said
M. McCown to give his attention to the management of said realty outside of
Sevierville, and to the protection of the same.
After my debts have been paid, those
due me collected and the administration of the personality completed and my
said entire estate is ready to be turned over to the quite enjoyment of my said
wife. The said M. W. McCown may in his discretion, resign and my wife
thereafter exempted from settlements.
In testimony of which I hereto
subscribe my name.
This January 30th 1884,
Witness,
P. Stafford
Jerome Themplton
Attest: 4 April 1884.
W. R. Turner
J. P. Wynn
Admitted to the probate May 5th
1884.
See record Page 505
D. H. Emert Clerk
Page 300
Will of John S. Trotter.
I John S. Trotter of the State of
Tennessee and the County of Sevier being of sound mind and disposing memory, do
hereby make and publish this my last will and testament to wit:
First
I will that all my debts and funeral expenses
be paid by my executor out of the assets of my estate.
Second I will and
bequeath unto my wife, Mary Trotter, all the property personal, including
money, notes and all other personally, which may at my death may remain in her
possession and which I acquired from her by virtue of my marital rights, to be
taken and held by her absolutely: And also I will and bequeath to her son and
during her natural life the homestead heretofore laid off to me out of my
homefarm: reserved and occupied by me as such, including the mansion and out
houses thereon with the garden or ?. and with the right to cut and use such
wood and timber as she may need for the proper use and enjoyment of said
homestead from the wood lands belonging to my said home farm. Lying west of the
middle creek road leading from Sevierville and east of the Little Pigeon River:
All household and kitchen furniture, provisions and such other of my personal
property left in her possession on said homestead as may be necessary and
proper for it’s use and enjoyment: Also a one fourth undivided interest in and
to the Mills known as the Pigeon Forge Mills.
Page 301
Including all the machinery tc
thereto attached except saw mill.
Third
I will and bequeath unto my son, George W. Trotter that part of my homefarm
lying west of the middle creek and leading to Sevierville and east and north of
the west fork of Little Pigeon River, the including the remainder interest in
the homestead, hereinbefore bequeath to my wife and subject to her right to use
timber off the same as herein before provided. To my son Pleasant H. Trotter if
he survives me, otherwise to his heirs that part of my home farm consisting of
two adjoining tracts lying East of the Middle creek said road leading to
Sevierville and of said Pigeon River: and to my daughter-in-law, Mary Trotter
for life with the remainder to the heirs of her body by my deceased son W. J.
Trotter, two adjoining tracts of land now in her possession. West of said
Little Pigeon River adjoining lands of Curtis Mills, Joseph Huffs’s heirs and
others: upon the following conditions respectively, to wit: the shall pay my
executors with interest from June 8th 1876. Except G. W. Trotter,
whe shall pay without interest the said G. W. Trotter the sum of five thousand
dollars: the said R. H. Trotter or his heirs the sum of two thousand five
hundred dollars: The said Mary R. Trotter and said heirs of her body the sum of
two thousand dollars and said sums or made expressed liens and charges upon
said several tracts of land respectively.
Fourth I have
heretofore on 8th June 1876. Conveyed to my son John M. Trotter a
certain tract of land situated on Mill creek for which I hold his note for the
sum of two thousand dollars leaving interest from the said 8th June
1876, the same being heir on said tract of land, and I do therefore will and
direct that said John M. Trotter shall pay to my executor said note and
interest. Thereon and also the further sum of one thousand dollars without
interest in consideration of said tract of land and the legacies given him
under this will and the same is made a change and lien upon any and all
legacies and benefits given him under this will.
Fifth
By papal contract I have heretofore sold to my son George W. Trotter a one
fourth interest in said Pigeon Forge Mills above mentioned and in the machinery
& lot of land thereto belonging, and the entire interest in the saw mill
thereto attached, but I have reserved the title thereto to secure various
amounts due me from said George W. Trotter. And to save me harmless from
various liabilities which I have incurred for him as his surety: now it is my
will and I so direct upon the settlement of all said amounts due me from said
George W. Trotter, and the discharge by him of all said liabilities incurred by
me as his surety my executor make him title to said interest in said mills as
above described, otherwise to subject it to the payment of said debts and the
discharge of said liabilities.
Sixth:
I will and direct that my executor upon my decease take possession of my
interest in said Pigeon Forge Mills, and sum or sent the same for
Page 302
The benefit of my estate until my
wives interest therein shall fall in, and then he sell my interest in the same
including the interest bequeathed herein before to my wife, and also of my
personal property as I have hereinbefore bequeathed to my wife for life and
shall be left after her death.
I also will and direct that upon my
death my executor shall sell all of my real estate not hereinbefore
specifically devised and he may sell said lands as well as said Mill property
either at public or private sale and upon such terms as he may deem to the best
interest of my estate.
Seventh: Should any of the devisees
of the real estate specifically devised by this will decline to accept the
devises upon the condition prescribed then I will and direct that my executor,
as directed in the last preceding item of this will shall sell said land so
devised and not accepted.
Eighth: I will and bequeath that the
net fund arising from the collection of my choses in action. The sale of my
personal and real estate as directed and and sums paid to my executor under the
provisions of this will be distributed by my executor equally among my children
living and the representatives of those deceased, the latter taking as classes
their ancestors share, to wit: John M. Trotter, James T. Trotter, Pleasant H.
Trotter, George W. Trotter, Asa Baker (formerly Trotter), the children of
William J. Trotter deceased, The children of Sarah Wynn, deceased and the
children of Nancy McMahan, deceased to wit: Alice McMahan, and the shares of
those against whom certain
Page 203
Sum and charges by this will be
offset against said changes or allowed as payments thereon.
Ninth: I make no
charge against any of my children for advancements made to them other than
herein made.
Tenth: I hereby
nominate and appoint as in the management and administration of my estate W. R.
Turner, the executor of this my last will and testament, my friend M. W.
McCown, and as counsel and legal adviser both of whom shall be paid reasonable
compensation for their services in the execution of this will out of the assets
of my estate.
Eleventh: In addition to the provisions
hereinbefore for my wife I further will and direct that she shall have during
her life the right to graze and pasture such cows and cattle and other stock as
she may desire to keep for her use upon the pasture lands on that part of my
home farm hereinbefore bequeathed to my son G. W. Trotter.
The underlineations above made in
the same hand as the body of this will were made before signing.
In testimony whereto I have hereto
set my hand on this 3rd day of November AD 1882.
J. S. Trotter
Signed and acknowledged in our
presents and witnessed by us at the request and in the presence of said John S.
Trotter on this 3rd day of Nov. 1882
A.T. Marshall
P. A. Wynn.
Page 304
I John S. Trotter, do make and
execute this a codicil of my will as follows: Alice McMahan, having died since
making my will leaving no issue, I therefore revoke that part of my will making
her a distribute to the same and that the share she would have received to be
divided equally with my other children and their representatives.
This 4th day of March
1884.
J. S. Trotter
Attest
P.A.Wynn
C.H. Fox
Admitted to probate 2nd
day of June 1884. See record page 509
D. H. Emert Clerk
Page 305
Will of Catharine Fagala
Know all men by there presents:
I Catharine Fagala this day execute
my last will and testament. I am lawfully seized and possessed of a track of
land (unreadable). No.9. County of Sevier State of Tennessee as follows viz:
Bounded on the north by Andrew Creswell heirs, on the east by Andrew Creswell
heirs and Sharp on the South by Sharp and A. H. Kenner on the West by James
Ellis and Nancy Fagala, containing by estimation one hundred and fifty six
acres more or less.
I will and bequeath the above
described tract of land to B. D. Fagala at my death, I am to hold the said
tract of land during my natural life and at my death it is to go to B. D.
Fagala.
This is my last Will and Testament.
Signed and sealed in the presents of
this August 30th 1884
Catharine Fagala
J.W. Sharp
Elbert Panker.
Admitted to probate Nov. 3rd
1884.
See record page 2
D. H. Emert Clerk
Page 306
Will of Jesse Hill
In the name of God Amen.
I Jesse Hill of Sevier County, State
of Tennessee being in right mind and memory and considering the uncertainty of
this frail and transitory life do therefore make and ordain, publish and
declare this to be my last Will and Testament.
That is to say I want some forty
acres of my land to be cut off the upper end of my farm on the creek and sold
by men whom I shall hereafter appoint. And all my lawful debts paid and
discharged: and the residue of my real estate I wish first my wife Eliza J. to
have her support out of the proceeds of said lands during her natural life or
widowhood. And secondly my will is that all the land not so cut off for sale be
equally divided between my four children with the above injunction that my wife
have her support. The first lot I will to my daughters three children,
Margaret, Jesse and John Parrott, they are to have all of the portion of my
Pate farm lying North of the big road. Joining Roberts, Henderson and Atchley
and the second lot.
And the second lot lies in two
almost separate lots but is joined together. I wish my daughter M. E. Hill to
have it. It is all that portion of the Pate farm lying South of the big road to
J. Atchley’s live and with his line to A. J. Kykers line and with his line
round to the tops of the ridge west of the Huse Roberts house then with the
tops of said ridge to the south west corner of the Trotters New Ground piece
and corner of Joshua Atchleys then with his lines round to L. C. Roberts line
and with his line to the big
Page 307
Road to the first lot. All this
compose the 2nd lot.
And the third lot I wish my
two grandchildren, sons of J. P. Hill their names are WW and James Hill to
have: It to start at the corner at the ridge west of the Houston Roberts house
and on A. J. Kykers line and runs with the Kykers to the creek then up the
meanders of the creek so as to cut at least one half of the little bottoms
North of the creek to it and then runs so as to equally divide it and the forth
lot. To Trotters line and with the Trotters line to Joshua Atchley’s line and
with it and the second lot.
And the forth and last lot I
wish my daughter S. A. J. Cowden to have during her natural life and after her
death it is to go her children. This said lot is to join Kyker third lot and
Trotter and the lot that is cut off to sell. All of said lands lies in the 7th
district of Sevier County Tennessee.
And after all my lawful debts have
been paid with funeral expenses, if there is any of the purchase money, money
still remaining on hands, I wish it to be placed in the hands of some good man
and such a part of these appropriated to the use of my wife and M. E. Hill as
shall be necessary and if there is still any on hands at the death of my wife
then it is to be equally divided between my four representative heirs. And as
for my personal property my will is that my wife Eliza J. and W. E. Hill have
everything both stock and farming utensils and in fact everything.
My Will is that Thomas Carmichael
have the lot of land adjoining the heirs of W. G. Hill, T. M. Lowe and Isaac
Atchley which is supposed to contain nine acres. Also all mountain lands that I
have interests in I wish it sold and my part to be equally divided between my
four heirs.
And I do make constitute and appoint
Jesse Stafford and A. J. Kyker my lawful executors to carry out this my last
Will and if necessary them chose the 3rd man and if I die before the
partition lines are run, I appoint G. W. T. Hill to run them a; of which I do
hereunto subscribe my hand and seal on this 5th day of December in
the year of our Lord one thousand eight hundred and eighty four.
Signed in presents of us.
Witnesses the day and date above
witness. Esasures and entertained before signing.
Jesse Hill
J. W. D. Hill
R.C.
Sims
Admitted to probate January 5th
1885
See record page 19
D. H. Emert Clerk
Page 309
Will of Mary M. McCroskey
I Mary M. McCroskey do make and
publish this as my last Will and Testament hereby revoking and making void all
other wills by heretofore made.
First.
I give and bequeath to my son William Robert McCroskey three hundred and twelve
acres more or less of the land I (unreadable) known as the Reed farm the same
land that I have deeded and described to the said William Robert McCroskey on
the 15th day of July 1880.
Second. I will and bequeath my tract
of land in Blount County containing one hundred acres known as the entry road
the one hundred (unreadable) off of the South End (?) of the Farm deeded by me
to William Robert McCroskey, be given to my two sons J. S. McCroskey Marcus
McCroskey jointly and equally.
Third. It is
also my will that my son W. R. McCroskey pay the sum of two hundred
dollars to Mary V. Keener and that my son John. S. McCroskey pay the sum of
fifty dollars to R. C. Bogle and I also the sum of Fifty dollars to J. B.
Davis. I also will that my son Marcus McCroskey is to pay the sum of one
hundred dollars to Martha Ann Bugle.
Fourth. I also give and
bequeath to my son John S. McCroskey one bed, also give and bequeath to my son
Marcus McCroskey one bed, I also give and bequeath W. R. McCroskey one bed. I
also give and bequeath to my daughter
Page 310
Mary V. Keener one bed. I also give
and bequeath to my Granddaughter (unreadable) McCroskey Keener, one bed. I also
give and bequeath to my (unreadable) My son William R. McCroskey above named is
to pay all my debts support me during my natural life. (Unreadable) all my
funeral expenses and expenses of my executor so as not to leave any charges
against my estate or any account whatever.
I also appoint my son John S.
McCroskey executor of this my last Will and testament.
In testimony whereof I Mary M.
McCroskey the said testator have to this (unreadable) March 188?.
Signed sealed and published in the
presents of us who have subscribed our names in the presents of the testator
and in the presence of each other.
(Unreadable)
(Unreadable) Pitner
Admitted to probate February 2nd
1885
See record Page 13
D. H. Emert Clerk