Will of James Stewart

Montgomery Co. Deed C, Page 62

(Copied from a book containing transcriptions, not from original Will Book)

(Williamson Co. Museum and Archives Franklin, TN.)

Spelling as found but some paragraphs and punctuation added to make it an easier read.  This transcription by Russell B. James, Houston Co. TN

Will of James STEWART, deceased

In the name of God, Amen.

I, James STEWART of Montgomery Co. and state of Tennessee, considering the uncertainty of the mortal life and being of sound mind and memory, blessed to Almight God for the same, do make and publish this my last Will and Testament, in manner and form following:

First, I give and bequeath unto my beloved wife, Jane, one negro man named Harry, and one negro woman named Betty, to her and her heirs forever.  Also the tract of land whereon I now live, being on the East side of the West fork of Red River in the county and state aforesaid, for and during her natural life, but the poplar timber not to be used otherwise than for the necessary use of the farm.  Also three cows and calves, four sows and pigs, all of my flock of sheep, two of my best steers, four head of young cattle, two thousand pounds of pork of the prime of the fattest hogs next winter, all my household and kitchen furniture (except three feather beds and furniture which will be hereafter devised), one horse called Peter, one plough and harness, together with one hundred dollars.

I give and bequeath unto my daughter Jennet Dixon, twenty dollars exclusive of the property I have heretofore given her.

I also give unto the children of my daughter, Mary HAMPTON, deceased, two hundred dollars.

I also give and bequeath unto my son William STEWART, fifty dollars.

I also give and bequeath unto my son Nolan STEWART, fifty dollars, together with two negro girls, one named Mariah and one named Almira, to him and his heirs forever.

I give and bequeath unto my daughter Rolina E. STEWART, fifty dollars.

I also give and bequeath unto my son, James STEWART, one negro woman named Phebe.

I also give and bequeath unto my grandson, James DIXON, one negro boy named Colbert. 

It is also my will and desire that my negroes Charles and Ned and Deborah, Ned’s wife, shall be hired out for the purpose of educating and supporting my son James STEWART, and daughter Rolina E. STEWART, and when my son, James STEWART, shall arrive to the age of seventeen years, the aforesaid negroes, Charles, Ned and Deborah, to be equally divided among my aforesaid sons, William, Nolan, and James.

It is also my will that the monies arising from the sale of my half of the tract of land whereon William WHITE now lives (which I wish to be sold, but the whole of said tract will be sold to GEARTHER) and after paying said WHITE, five hundred dollars, then said WHITE to draw one half of the proceeds, the residue to be equally divided among my three sons, William, Nolan and James and my daughter, Rolina. 

It is also my will that part of the tract of land whereon I now live, lying on the West side of the Fork of Red River, shall, after my wife’s decease, be equally divided between my aforesaid sons, Nolan and James STEWART.

It is also my will that the whole of my perishable property and farming utensils, which shall be remaining on hand, after my wife draws her part, be sold on a credit of nine months (except my daughter Rolina’s sorrel horse), and the proceeds of which sale to be paid to my son, James, and daughter, Rolina, share and share alike.

It is also my desire that my negro man, Frank, be sold by my nephew William S. WHITE to the best advantage, and the money arising from the sale, be appropriated for the purpose of paying my just debts and legacies abovementioned.

I also give and bequeath the three feather beds (before excepted), one feather bed and furniture to my son, William; one featherbed to my son Nolan, and one feather bed and furniture to my daughter, Rolina

It is also my desire that my son, Nolan, will to be particular care of my old faithful slave, Harry, as long as he may live.

It is also my desire that my corn be sold (retaining a sufficienty for the purport of the famly), as also my superfluous bacon. 

I constitute and appoint Henry SMALL, Bryan WHITFIELD, Esq., William S. WHITE, Charles BAILEY, and John HAMPTON, Executors f this my last Will and Testament, hereby revoking all former wills made by me. 

In witness whereof, I have hereunto set my hand and seal this ninetheeth day of April in the year of our Lord one thousand eight hundred and eighteen.

Signed:  James STEWART

Witnesses:  William TRIGG, Jr., Reuben CHISENHALL, John RIGGINS, Matt BOYERS.

Comments by Russ James

Here is the will of a James STEWART of Montgomery Co.  I quite certain that his daughter Jennett DIXON is the wife of Alexander DICKSON who lived on Yellow Creek and the slave named Colbert given to the grandson, James DIXON, is confirmed in a 1833 deed record involving Alexander DICKSON in Dickson County in which Alexander mentions the slave of the same named owned by his son.

 I an not as certain, but suspect that the wife, Jane STEWART, is the widow of Joseph DICKSON who died in Dickson Co. ca. 1803/1804.  Her maiden name was MOULTON.  We know she remarried after her husband’s death to a STEWART but have been unable to find her until I read this will yesterday.  I can not prove it but believe it highly likely that Jane was the second wife of James STEWART.  I suspect all the children named in the will are children of his first wife.

Joseph DICKSON’s 1803 will is the first one recorded in Dickson County and the witnesses were: Duncan STEWART, John STEWART, James STEWART and Joseph STEWART.

Then in 1811 James STEWART of Montgomery County bought a slave and one of the subscribing witnesses was Jane DICKSON.

Alexander DICKSON of Yellow Creek was a nephew of Joseph and Jane DICKSON.

Russ James of Houston Co. TN

Submitted by Russ James

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