Henry Frazier Will
DeKalb County Wills
Book 2
Page 113

State Of Tennessee, DeKalb County

I, Henry Frazier, do make and publish this my will and testament hereby revoking and making void all other wills by me heretofore made.

1st     It is my will and decision that all my just debts be paid out of my effects.

2nd     I will and bequeath to my wife Mary Frazier during her life or widowhood the farm whereon I now live and 62 acres of timberland on the East side of the creek and 100 acres of timberland on the west side of the creek the most convenient to the farm including the buildings and improvements to have and to hold for and during her natural life or widowhood, but should she marry again, then to be disposed of as herein after described also three Negroes, Jacob, Bird and Smithy, all my household and kitchen furniture. Three mules to be selected by her out of my stocks of mules. One yoke of oxen, one waggon, four milch cows or cows and calves to be selected by her. 50 head of stock hogs including sows, pigs, and shoats and twenty-five hundred pounds of pork or fifteen hundred pounds of bacon, twenty head of sheep to be selected by her, all my bees and pottery, one hundred bushels of wheat and one hundred bushels of corn if on _____(?).

3.     I give and bequeath to my Daughter, Anna Roady, and her children, heirs of her body, one mile of land whereon she and her husband, Leander W. Roady, now lives known as the Basset Place containing one hundred and seventy-five acres and 100 acres tract. This she and her children are to have and to hold free from the control of her said husband: that is, he is to have no power to sell or convey or in any way to make title to said land.

4.     It is my will and desire that all my land including my home place not otherwise disposed of in this will be equally divided between my two sons, Ammon L. and James B. Frazor, together with a portion of a 100 acre tract whereon I now live. The interest of Hearth's heirs which I impowered my executors to purchase to be divided with the other lands between my two sons above named the division to be when my youngest son is twenty-one years old at which time if my wife still remains a widow, she is to have the use of the houses, all the bottom land including the orchard on the side of the creek whereon I now live for her support during her life or widowhood as before mentioned or a sufficiency out of the same to raise a support for her and no more.

5.     I hereby impower my executors to purchase a tract of land whereon ___(leradick?) now lives and known as the said on Kelley farm, and if purchased by them, I give and bequeath to my daughter, Nancy Frazor, the same and 50 acres of my 1000 acre tract adjoining the same, Beginning at my porch boundery line on the top of the ridge near where John Alexandria now lives, running a southward direction meandering the ridge (in ?) as to include 50 acres so as to not interfere with a flat on the top of the ridge. Now should my executors not purchase the above named tract of land then the above named 50 acres to go in the Division between my 2 sons as set forth in this will. This I give to his and her children the heirs of his body and not otherwise. If purchased as above stated and not otherwise. Also I give him one bed and furniture, one black filley, one cown and calf, one fifty dollar note I hold on Johnson Trammel (?) due sometime in December 1861 also the hogs (?) claimed by his know as hers.

6.     I also give and bequeath to my two sons Ammon L. and James B. one horse bridle and saddle of equal value ___(?) each.

7.     I will and bequeath to my daughter Harriett one Negro girl Lucy and to the heirs of her body one bed and furniture. One cow and calf one horse bridle and saddle, value not named, and two hundred dollars in money and I hereby appoint Aaron Frazior her trustee to hold and manage the same as above stated for his use and to sell or hier out said Negro which ever he may think best and to do all without any petition or order from any of the (levunts ?).

8.     I will and bequeath to my ___(?) little girls Helen, Martha, and Parilee Frazor all the balance of my estate to be equally divided among them not otherwise disposed of by this will to be divided beetween them when Martha shall arrive at the age of twenty-one years. This I will to them and each of them and to the heirs of their body should they have any and to their use and each of them and not otherwise and If one of these last named little girls should die having no issue then her shear to be equally divided between the two named sisters.

9.     The widow Horton (?) is living on a little place of my land where she may remain free of charge of rent for ten years from this date also old man Hildrith (?) lives on my land and if he chooses to do so he is to live there free of rent during his life but he is not to waste or destroy timber.

10.     I will and bequeath that all my lands (___) the farm whereon Benny Maracram (?) now lives known as the Norton and Hildrith Lease the place where John Alexandria now lives known as the Spenses (?) Lease all to be rented by my Executors either privately or publicly so as not to let the land be injured.

11.     It is my will and desire that all my money be doned (?) out and the interest together with the rents and proceeds to be used in the education of my children or so much of the same as may be necessary and to give my two sons accomplished educations.

Lastly     Lastly I do hereby nominate and appoint Aaron Frazor and W. J. Isbill my executors to this my will given under my hand this 21st day of July 1861.

Signed Henry Frazor
L. B. Whaley
Eliol Lubb

Codicil to Henry Frazor's will.

I Henry Frazor of the County of DeKalb do make and publish this as a codicil to my last will and testament heretofore made which was written by M. J. Isbelt. In addition to the bequest heretofore made and as a codicil to said will I dispose of my property as follows.

Item 1     I will that my 3 negroes heretofore given to my wife for life or widowhood together with their increase shall upon her death or marriage go to my three youngest daughters Hellen, Martha, and Parilee.

Item 2     If either of my boys die without children I direct that the tract of land given to my 2 sons shall go to the survivor.

Item 3     If my executors cannot buy the tract of land for my daughter Nancy alluded to in my original will, I wish my daughter Nancy Rody to have my Negro boy Jacob who is to be sold by the trustees hereafter appointed on a credit of one and two years at such time as they think best to sell and to sell without an order of Court. I also give my said daughter Nancy Rody 200 dollars cash and what is called the Alexandria (Hildrith) Lease for five years free of rent unless there is a tract of land purchased for her sooner than 5 yrs.

Item 4     I appoint Aaron Frazor, Jim, and W. J. Isbelt trustees for my daughter Nancy Rody and I direct that the property given her be held by My trustees for the sole and separate use of my said daughter free from the debts of her husband and control in any manner further than the benefit of her and children and at her death said property to go to her children. I also direct that my trustees appointed for the said Nancy or either of them if both are not acting have the power and are hereby directed to purchase for my said daughter a suitable tract of land taking into consideration the conditions of her family and amount of means.

Item 5     If my daughter Nancy should get Jacob as above provided I direct that my wife have my boy Jack and his room and stead to be held in the same manner and in like manner to go to my three youngest daughters.

Item 6     If the land directed to be purchased by my executors belonging to Hearse Heirs should be purchased my wife is to have the same during her lifetime or widowhood and then to go to my 2 sons in the same manner as to survivorship as provided for the other lands bequeathed to them.

Item 7     When my Ammon comes of age or marries I direct that he be put in possession of half the land directed in my will to be rented out and when my youngest son comes of age or marries he is to have possession of the other half---the rents of the half belonging to my youngest son. After the other gets his half to still go to the education of my children as provided with regard to the whole rents.

Item 8     I hereby authorize my executors to purchase the interest that William Frazier has in the tract of land whereon my father formerly lived. They to pay what they think it reasonably worth. I have ___(?) said interest to my brother Aaron.

Item 9     If my negroes given my wife should become angorable or my wife should become dissatisfied with them my executors are authorized to lease them out and pay her over the proceeds. This the 29th day of August 1861. There are some interlineations in this codicil made by Robert Cantrell the draftsman at my request before signed.

Signed     Henry Frazor

I Henry Frazor do hereby make and publish this as a 2nd codicil to my last will and testament. To wit if my executors should not be able to purchase the tract of land spoken of in my last will I hereby give them the directory power if they think it best for the Negro named to be given to my daughter Nancy Rody that they are at liberty to give my said daughter Nancy Rody $800 in place of selling said negro for her benefit and if they should think that course most advisable then said Negro is to be placed on the farm and at the death or marriage of my wife to be sold for the benefit of my three youngest children named in my will and in addition to the executors heretofore named I hereby appoint Joseph Clarke one of my executors this 12th day of November A D 1861.

Signed     Henry Frazier
M. L. Martin
J. L. Hollis

NOTE:(Spelling and punctuation as originally written.)

Harolda Roady Gibson
1713 Dartmouth Ct.
Norman, OK 73071

E-Mail Harolda Gibson


Henry Frazier / Mary Pack
Anna Frazier/ Leander Roady
John Albert Roady / Catherin Roady
John Albert Roady, Jr. / Nancy Adeline Thompson
John Harold Roady / Norma Louise Cottrell
Harolda Roady Gibson

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