Book A, Transcript Page: 213

In the name of God Amen I David Marshall of the County of Carroll & State of Tennessee being in bad health but of sound mind and disposing memory do make and ordain this my last will and testament in manner and form following To wit I do constitute and appoint James M. Hurt my Executor to this my last will and testament I loan to my beloved wife Susan the tract of land on which I reside and the one third part of all my estate negroes stock of every discription household and kitchen furniture and also the one third part of the Debts due me provided that my Debts be first paid the above property I lone to my said wife Susan during her natural life or widowhood. And I do hereby appoint my friends Abraham White Redderh Hillsman Beverly B Bomer Johnathon Bell and Jno. G. Channing to lay off my negros in three Equal lots as they can in value and to give to my wife in the lot which comes nearest to the one third part of the whole amount to which they shall value my negroes & then for the division of the residue of my negroes it is my will (p. 213) that they draw lots between my two sons Wm. Marshall and David Marshall. It is my will that my said commissioners shall divide all the residue of my Estate Except the land (which I have disposed of) and that they give my said wife the one third part as above directed and that the Remaining two thirds shall be sold for the benefit of my said sons William and David & that my son William shall pay David one hundred Dollars on account of the advantage which William has over David in Education.

(p. 214) In order that there be no mistake about my will I will now recapitulate. My debts must be first paid my whol Estate is then to be equally divided among my wife and two sons Except my wife has all the little tract of Land and David shall have one hundred dollars more than William or all the Commissioners appointed shall act in the division and their division when recorded shall be as Effectual & final as if they were appointed by the court. And it is furthermore my will that if my wife Susan prefer to live at some other place away from the Vilage that my Executor shall sell this tract of land and apply the proceeds thereof to the purchase of any other place and I hereby invest him with power to vest the Right of said Land in the purchaser and take a Deed to the land he may purchase to the heirs of David Marshall subject to my sd wife as are the provisions above in relation to this tract my sd wife must be satisfied with the said arrangement in conformation of all which I do hereto set my hand and affix my seal this day of Sept 1848

David Marshall (Seal)

Test Robert A Hall
Armstead Barksdale

State of Tennessee)
Carroll County) Nove Term 1848 fifth day

This day the last will and testament of David Marshall Decd was produced in open court and duly proven by the oaths of Robert A Hall & Armstead Barksdale the subscribing witnesses as appears of record now on file in clerks office which was ordered to be recorded this October 28th 1853
the above is a copy test

W. H. Graves Clk.

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.