Book A, Transcript Page: 413

I Daniel Shofner of the County of Carroll and State of Tennessee being weak in body but of sound mind and memory and knowing that is appointed for all men once to die do make and constitute this my last will and Testament.
First after my death I will that my body be consigned to the tomb in a christian like manner and my spirit to God who gave it – and as to the worldly goods with which I have been blessed I bequeath in the following manner to-wit
I give and bequeath to my beloved wife Emely E. during her natural life part of the tract of Land on which I now live including the mansion house and other buildings containing about 200 Acres more or less and bounded as following to wit Beginning on a small Red Oak in the west boundary line of the forty Acre tract I purchased of George Huffman with two post oaks Red oak and black oak prs running thence east with with a marked line and through the field between to Mulberry trees still East crossing the creek at a Black oak on the west bank and a Dogwood on the East bank & crossing the ditch between a black oak on the W. bank and gum on the East bank and crossing a mound in the bottom and still East to a stake in the middle of the branch that comes down throug A. Liles field then up said branch as it meanders to where the east boundary line of my tract crosses the same then north to N. R. Shofners S E corner thence west with his south boundary line to R. D. Shofners line then south with his and Joseph Holmes East boundary to the beginning with all and singular the appertinances thereunto belonging.
and also a negro girl named penny aged about seven years together with the mare and buggy the wagon and one yoke of oxen three mules of her own choice out of the stock on hand four plows and four sets of gear and my house hold and kitchen furniture including beading &c and also the watch which she now has in her possession I also give her three cows with their calves should they have them of her own choice also twenty head of hogs and ten head of sheep of her choice also all the poultry belonging to the premises
And my books are to be distributed as I may hereafter direct by my wife Emely E according to names of my children and herself being written by me in said Books. It is my will that all the property given to my wife during her natural life after her death be equally divided between my legal heirs I further give and bequeath unto my beloved wife Emely E. the followin named negroes to wit Joseph Sam Hartwell Henderson and Caty for an during her natural life or widowhood but I wish it here distinctly understood that should she marry after my death that the last mentioned five negroes with their increase if any are to revert to my legal heirs to be equally divided among them but should she not marry she is to enjoy their Labour during her life and after her death then to be equally divided between my legal heirs and representatives.
I also give and bequeath unto my beloved wife Emely E. all the crops of any discription I may have on hand at the time of my death and such farming utensils such as axes hoes &c as she may need to cary to carry on the work of the farm.
I give and bequeath unto my grand son Simeon Walton the notes given for a tract of land I sold which was intended for his mother Mary Ann Walton assigned by Wm. Attoman & William Maddock for four hundred & Eighty nine 37/100 1/2 Dollars which I now have in my hands
I also give him one negro girl named Almeda for his use and benefit but should he die before he arrives at the age of twenty one years if he has no issue his portion is to fall back to my other surviving heirs or their legal representatives.
I give unto my children Needham R. Shofner Bedford D. Shofner Reden D. Shofner Matilda Shofner Milley Pinson Malinda Jenkins and Matitia Walton the bonds I hold against them for property advanced to them severally to the amount of nineteen hundred and Eighty three Dollars for which for which I hold their bonds which shall be given up to them severally by Executors at my death if I should not give them up in my life time I will that all my personal and perishable property which I may be seized or possessed of at my death and not disposed of by this will be sold and all notes account &c be collected by my executors herein after named and after all my just debts and any leabilities I may have in the Nashville and Northwestern Rial Road shall have been paid that the balance shall be equally divided between my legal heirs
And I further will that the land lying south and adjoining my homestead containing about two hundred Acres more or less be rented out by my Executors and the proceds arising therefrom to be equally divided between said heirs untill after the death of my wife Emely E. and then the whole tract including the homestead to be sold by my Executors and the proceeds Equally divided between my said heirs. I further will that all my real Estate not included and disposed of in this will which I may have at the time of my death be sold by my Executors and the proceeds be equally divided between my said heirs.
And in as much as I have full confidence in my beloved sons Needham R. Reddin D & Bedford D Shofner that they will carry out this my last will and do justice to all the parties concerned I hereby appoint them my sons my Excutors to this my last will and testament revoking all others
In witness whereof I the said Daniel Shofner doth hereunto set my hand and seal this eleventh day of March A. D. 1856.

Daniel Shofner (Seal)

Signed sealed and acknowledged in the presence of us

James H. Gee
Anderson Liles
Stephen Cannon X his mark

CODICIL

Be it known to all men by these presents that I Daniel Shofner of the County of Carroll and State of Tennessee having made and declared my last will and testament in writing bearing date the Eleventh day of March A.D. one thousand Eight hundred and fifty Six and wishing to make some alterations in my said will I the said Daniel Shofner by this present codicil do hereby make the following alterations, to wit
It is my will that in the room and place of the – part of the tract of Land on which I now live including the mansion house and other building containing about 200 Acres and described in my said last will I give and bequeath to my beloved wife Emely E. during her natural life the tract of land I lately bought of James H. Gee and John Norman as trustee of Mrs. Ann W. Gee containing about 120 Acres with all and singular the improvements thereon said tract of land bounded on the west by Mrs Lucy A. Browns tract On the south by Joshua Huffman’s on the East and North by the land of Wm. B. Phillips and David Beaver,
I also give to my said wife Emely E in the room and place of the negro man Joshua that I sold since I give him to my said wife mentioned in my said will I now give her a negro boy named Sampson about seven years old during her natural life and should my Emely hereafter have an heir or heirs of her body that then and in that case the land and negroes left to her by my last will and this codicil shall go to said heir or heirs so as to make him or her equal with my other children. And it is further my will that the negro girl Almeda given to my grand son Simeon Walton by my said last will shall remain with my wife and in her possession and use untill my said grand son shall arrive at the age of twenty one years; but should he die before that time and without issue then and in that case said girl Almeda is to be disposed of as directed by my said will.
And further it is my will that all my land on which I now live also the tract known as the Foulk tract be sold with all my perishable property not disposed of by my will and this codicil and the proceeds equally divided between my heirs and all notes or money on hand at my death not disposed of my my said will shall be equally divided between my legal heirs. It is my will that the amount of four hundred and Eighty nine Dollars 37 1/2 which is not mentioned in my will as a legacy to my grand son Simeon Walton shall draw interest from and after my death untill he becomes of age and untill paid
And my will and meaning is that this codicil be adjudged to be a part and parcel of my last will and Testament and that all things therein mentioned and contained be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my said last will and testament.
Witness my hand and seal this third day of June A. D. one thousand eight hundred and fifty nine

Daniel Shofner (Seal)

Signed sealed and acknowledged in presence of us
Anderson Liles
Stephen Canon X his mark
James H. Gee

CODICIL TO DANIEL SHOFNER’S WILL

It is stated in the codicil to my will that certain property both real and personal therein named is to go to any heir or heirs that my wife Emely E might thereafter have an heir or heirs therein intended and hereby decaired is any such heir or heirs as she may have by me begotten I have in and by said will and codicil directed certain property real and personal to be sold at my death and certain property and certain property real and personal to be sold at my wife’s death and derected the proceds to be equally divided between my heirs In all such cases if any of my children should then be dead and leave any child or children then living such child or children are to take only such share or parts as the decease person would take if living that is they are to represent the decase person in the divison to be made The powers of sale given my Excutors in my will and codicil is hereby given to such as may qualify as my Exutors and to the survivors and survivor of them
The real Estate shall be sold publickly upon a credit of one and two years purchase money bearing interest from date and the person or persons rightfully Executing the powers of sale are hereby vested with full power to make titles and distribute proceds of sale.

Daniel Shofner (Seal)

Signed sealed and acknoldged
This – day of Dmber 1859

Anderson Liles
Stephen Canon X his mark

Whereas since I wrote my will and codicils thereto I have bought a tract of one hundred Acres of Land of Rion Taylor by deed bearing date the 9th of March 1861 and duly registered in the registers office of Carroll County Tennessee where the boundaries may be seen It is my will and desire and I so devise that said tract of Land go to my wife in the same manner the the 200 Acre tract bought of James H. Gee is given to her in the above codicil to be disposed of in same manner and under the same powers under the codicil mentioned to my said will as if said 100 Acre tract were a part of the same
I also give to my beloved wife a mulatto boy named Yancy during her natural life and at her death to be divided with the balance of my negro property among my children and if any of them are dead leaving children said child or children to represent his or her deceased parent in the division

Daniel Shofner (L. S. )

Signed sealed and acknowledged this May 15 day 1861

Anderson Liles
Stephen Cannon X his mark

Whereas since I wrot my will and codicils thereto I have bought Nancy a slave for life from Henry G. Fields by bill of sale bearing date November 18th 1862 It is my will and desire that said negro girl Nancy go to my wife in the same manner that my other negro property in the above mentioned codicil to be sold in the same manner and under the same power.
Also a sorrel filly Marth I desire and so devise that said filly be the property of my wife during her natural life and at her death disposed of as directed in the foregoing will

Daniel Shofner (L. S.)

Signed sealed and acknowledged
January 1st 1863

Test
Anderson Liles
Stephen Cannon X his mark

State of Tennessee )
Carroll County ( Term 1863

At the above term of County Court for Carroll County the foregoing will and codicil ware probated as the last will and testament of Daniel Shofner Decd and ordered to be recorded of which the foregoing is a copy test

W. H. Graves Clerk.

This text was transcribed by Jere Cox from the typescript entitled Tennessee Records of Carroll County Will Book “A” September, 1822 – 1864 (approximately) created in 1937 under the Works Progress Administration.

Corresponding Resource: FamilySearch has a microfilm copy of the WPA transcript of Will Book A available to view on-line (click here).  A free FamilySearch login is required to view microfilm.

Jere Cox was an early Carroll County TNGenWeb coordinator.  We do not intend to violate Jere’s copyright interests by including the transcription here, but we want to make sure his efforts remain available for future researchers.