Elijah Eubank letter of estate

Elijah Eubank -- Letter of Estate
Signed March-24-1841
Recorded May Term 1845

Source: Robertson County Tn. Will Book 12, 1843-1846, pages 367-368.
Transcribed by Katherine Eubank Jordan
© 2006



State of Tennessee Robertson County Court May term 1845

         To farmer Eubank a Citizen of Robertson County It appearing to the Court that Elijah Eubank has died leaving a written will in which your appointed Executor, which has been duly proved in open Court and you having given bond and security and qualified according to law, and it having been ordered by the said Court that Letter Testamentary Issue to you. These are therefore to authorize and empower you the said James Eubank to enter upon the Execution of said Will and take into your possession all the property, and to make to the next court a perfect inventory thereof and make and collection of all debts, and after paying all just demands against the Testator and setting up the business of same Estate according to law, you Will pay over and deliver the property and affects, that may remain in your hands, and do all other things that may be required according to the provisions of the Will and the Laws of the Land
Witness Joseph E Winfield clerk of the Court at Office this 3 day of May 1845

According to custom these should be recorded first
Elijah Eubank Last Will and Testament
         I Elijah Eubank 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 expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die possessed of or may first come into the hands of my Executor.
         Secondly; I give and bequeath to my son James Eubank the proceeds of one half of my stock household and kitchen furniture farming utensils money and all the property which I may be possessed of at the time of my death which is not herein after bequeathed.
         Thirdly; I give and bequeath to my son Martin Eubank the tract of land whereon I now live also the tract of land I purchased of Pelex Phillips or rather from Samuel Spearman containing sixty acres and a half.
         Fourthly; I give and bequeath to the heirs of Alsey Spearman one Negro man Isham and one negro woman Nancy.
         Fifth; I give and bequeath unto my daughter Laney Spearman two Negroes namely Charles and Aniea?? during her natural life and her death [sic] they and their more over to decend to her son John Spearman. I also give and bequeath unto my (strikeout) Daughter Laney Spearman one half of the proceeds of one half of my stock house hold and kitchen furniture farming utensils money and all the property which I may be possessed of at the time of my death which is not otherwise bequeathed.
         Sixthly; I have given to my daughter Rachel West four negroes Namely Rachel, Caty, Molly & Jacob for which she has bills of sale or deeds of gift from me. I have also given to my Son James Eubank the tract of Land whereon he resides and one negro man Esham? For which he has ???????? from me. I have heretofore Given to my son Martin Eubank one negro man (page 368) Isaac for which he has a deed of gift from me. I have also heretofore given to my daughter Alsey Spearman one negro Peggy for which she has a deed of gift from me I have also heretofore given to my daughter Lany Spearman one negro Esther during her natural life and at her death to descend to Elijah Spearman for which which he has a deed of gift from me. All of which I wish to be plainly understood.          Lastly I do hereby Nominate and appoint James Eubank and Andrew West my Executors In Witness whereof I here do to this my Will set my hand And seal this 24 day of March 1841

Elijah Eubank (seal)

W.C. Bigbee
W. Shelly
N.L. Payne

Robertson County Court May Term 1845
         The foregoing Last Will and Testament of Elijah Eubank deceased was presented in open Court for Probate and thereupon came W.C. Bigbee W. Shelly & W.L. Payne all subscribing witnesses to the said paper writing and all first sworn depose and say that they were acquainted with Elijah Eubank the Testator in his life time and that he acknowledged in their presence the said paper writing to be his last will and Testament and that he was at that time in his proper mind & that they attested the same at his request The same was by the Court ordered to be recorded
Test: I.E. Winfield clk


Return to the Robertson County Will Page
Return to the Robertson County Main Page

>