John Payne will 1846

John Payne Will, 1846
Source; Robertson County Tennessee Will Book 14, pages 390, 391.
Transcribed by Jerry Wilson © 2008


         I John Payne do make and publish this as my last Will and Testament & hereby revoking and making void all other Wills by me made at any time.
         1st I direct that my funeral expenses and all my debts be paid as soon after my death as possible out on my monies that I may die possessed of or may first come into the hands of my Executors.
         2nd I give and bequeath to each of my children Erastus, Harriet, Priscilla, Mary, Richmond, Susan, John and Amanda, one dollar to each one.
         3rd I give and bequeath to my wife Mildred Payne all my personal estate and all my real estate. I desire my executor to sell at private sale one hundred and six acres of land known by the name of the Bill place, adjoining the land whereon Andrew West lives and to sell on more property only what will pay my debts.
         Lastly I do hereby nominate and appoint Daniel Mulloy my Executor in witness whereof I do to this my will set my hand and seal this 2nd day of May 1846. Signed sealed and published in our presence and who have subscribed our names hereunto in the presence of testates this 2nd day of May 1846.

Jno Payne (seal)
William Payne
Dixon Payne

Robertson County Court- October Term 1850
         A paper writing purporting to be the last Will and Testament of Jno Payne deceased was produced in open Court for probate and thereupon came William Payne one of the subscribing witnesses to said, who being first sworn depose and say that he was personally acquainted with John Payne the Testator in his life time and that he acknowledged in his presence said paper writing to be his last Will and Testament that he was at that time in his proper mind and that he attested said paper writing at his request. Also personally appeared in open court P. Payne and William Payne depose and say that they are acquainted with Dixon whose name is appears as a subscribing witness to said Paper writing of said John Payne dec’d also his handwriting and that the signature purporting to be his are genuine and in his own hand writing and that said Dixon Payne is not at this time an inhabitant of this State. The Court therefore declare said paper writing to be the last Will and Testament of John Payne dec’d and order the said paper writing be recorded.
Test J. E. Winfield clk
John Payne letter of Estate
State of Tennessee Robertson County Court October term 1850
         To Daniel Mulloy a citizen of Robertson County & appearing to the Court that he Jno Payne has dec’d having a written will in which you are appointed Executor which has been duly proved in open Court and you having given bond and qualified according to law and it having been ordered by the said court that Letters Testamentary issued to you. These are therefore to authorize and empower you the said Daniel Mulloy to enter upon the Execution of said Will and take into your possession all the property and to make in the next county court a perfect inventory thereof and make due collection of all debts and after paying all just demands against you pay over and deliver the property and effects that may remain in your hands, and do all other things that may be required according to the provisions of the said Will and the low of this land. Witness Joseph E. Winfield Clerk of our said Court at office this 1st Monday in Oct 1880.

J. E. Winfield clk


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