Will of Samuel Cosby Mitchell

Submitted by:  Martha Allen Kidwell
Images Copied From Microfilm by: Susan Langheld

Notes: Samuel Cosby Mitchell married Martha Cocke on June 22, 1820 in Goochland County, VA. Samuel was the oldest son of an American Revolutionary soldier, David Mitchell and wife Elizabeth "Betsy" Cosby (David and Betsy were married March 17, 1782, in Goochland, Virginia. From: Some Virginia Marriages 1700-1799, Vol. 1.) Martha Cocke was the daughter of David P. Cocke and Elizabeth Gilliam. David Cocke was a descendant of Richard Cocke who arrived in the colonies in the 1600's. Samuel Cosby Mitchell recorded three land grants of 40 acres each in Bradley County on the 1st day of July 1841, which were signed by Gov. James K. Polk, dated 5 April, 1841. This land was bought from Samuel's children after his death (will dated 12 October 1857, Bradley Co.) by his oldest son Benjamin Franklin Mitchell on 25 Dec., 1867. Samuel C. Mitchell died October 14, 1857.

The Last Will and Testament of Samuel C. Mitchell
From the earliest Will book of Bradley County, Cleveland, Tennessee pp. 20-21
I, Samuel Cosby Mitchell 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 may first come into the hands of my Executor.
First, I bequeath all my real and personal Estate to my beloved wife, Martha during her natural life or widowhood. At her death or marriage then it is to be disposed of in the following manner for reasons best known to myself.
I bequeath Julian Jones my second daughter the sum of five dollars the balance of my estate to be equally divided among the rest of my children. To Mary, Benjamin F., Richard T., Susan Elizabeth, James C., Samuel D., William H., Arrazena, Terry C., and Martha, and she my youngest child, I bequeath her two hundred dollars more than her equal part. I have sold to Thomas H. George eighty acres of land being and lying on the 2nd fraction Township Range 1 next to Basis line in Bradley County, Ocoee District for which he is indebted to me one hundred and twenty three dollars, when he pays said amount to my Executor then I empower him my Executor to make the said George a good and sufficient title to said land, Lastly I do hereby nominate and appoint my son Benjamin F. Mitchell my Executor in testimony whereof I do to this my will set my hand and seal this the 12 day of October 1857.

Samuel Mitchell (Seal)
Signed and sealed and published in our presence and we have subscribed our names in the presence of the Testimony this 12th day of Oct. 1857.
A. R. Potts
Amos Potts

A copy of Samuel C. Mitchell's will State of Tennessee Bradley County Personally appeared before me, Young Keebler and acting Justice of the Peace for the County of State aforesaid B. F. Mitchell and made oath in due form of law that on or about the 12th day of October, 1857, Samuel C. Mitchell made his last will and Testament and had the same duly witnessed, a copy of which is in substance hereto attached and afterwards departed this life in Bradley County Tennessee and the same was afterward put to probate and duly recorded in the County Court of Bradley County, Tennessee and the same after the entire record thereof has been destroyed by fire, and he prays that the copy hereto attached be substituted and recorded instead of the one destroyed. 1865, Young Keebler, B. F. Mitchell (rest is illegible) Martha Mitchell, wife of Samuel C. Mitchell died September 27, 1870. Benjamin F. Mitchell filed a claim on behalf of the estate of Martha Mitchell with the Southern Claims Commission. In that claim, it was established that the Mitchell family was loyal to the Union, one son served in the Union Army, etc. Union soldiers camped on the Mitchell farm on two different occasions, Nov. of 1863 and Dec. of 1863. According to the claim, thousands of rails were burned by the army in their attempt to keep warm. Fodder and hay were also taken along with a mule and a mare. On one occasion, in November of 1863, Martha Mitchell was given a handwritten receipt by the officer in command, Col. David McCook. The claim was allowed on March 3, 1875 and a total of $332 was paid to Benjamin Mitchell, Admr. of the Estate of Martha Mitchell. The youngest daughter of Samuel and Martha Mitchell, Martha Ann Mitchell married Joseph Julius McSpadden. They were the parents of my grandmother, Daisy McSpadden Parks.