Book A, Transcript Page: 241

In view of declining health and feeling concious that my stay here will not be long and feeling some degree of interest in making some disposition of my effects or of what has fallen into my hands and this being the first and last will that I have at any time made thought fit and proper while in the right exorcise of my mind to commit my wishes and desires to writing for the benefit of all those whom I leave behind that is or may become interested in the distribution and settlement of said estate. Therefore in the first place after my death I recommend that my body be returned to the earth from whence it came with such funeral services as the family may think proper I would then and therefore recommend that my Executors take charge of my will with all the effects that I have or is entitled to either in land or security and dispose of them as herein after directed and agreeable to the will In the first place I direct that two hundred and twenty acres by beginning on the east bonndry line at a point so as by running a line due west to Wm. C. Mitchums east bonndary line and with his line and my out lines round to the beginning so as to include two hundred & twenty acres or that appertains thereto I allot to my wife Nancy Hart during her natural life also such part off all the stock horses cattle hoggs sheep farming utensils household and kitchen furniture also as many of the blacks or servants as she and my Executors may in their judgement think amply sufficient to make her a support and render her easy and quiet so long as she lives and at her death all of the above named property belonging to the estate that has been allotted to my wife Nancy Hart during her life. The land excepted then and after her death as soon as practicable be sold or divided as my Executors may think best and for purposes hereinafter named or set forth in the will The land as above named say two hundred and twenty acres at the death of my wife I allot to my son M. J. Hart and would request that he take charge of his mothers business and see that it is managed so as to make her as easy and quiet through life as possible The balance or north part of the tract of land on which I now live supposed to be about 480 acres including all on the north of the part I allotted to my wife and at her death to my son M. J. Hart I allot to my two sons David G. Hart and Wm. P. Hart and I would recommend a divide of the same by running a line due north and south so as to throw two Hundred & thirty acres into the east part and two Hundred & fifty into the west part believing it will make the three lots about equal with the encumberance on the first lot D. G. Hart and Wm. P. Hart can choose lots or sell all together and divide the proceds as will suit then and purchases best I then give and allot to my son in law James H. Patton 550 acres of land lying on Rutherfords fork of obion immediately up and down the creek and joining my old mill tract no other lands included in these allotments I then give and allot to Benj. R. Campbells three children Alexander James and Fanny a tract of land containing 100.3 acres lying on the Mississippi River in Dyer County this tract of land I request that B. R. Campbell the father of the three children take charge and oversight of said land for the benefit of said children until they come of age then to be sold and equally Divided between then Alexander James and Fanny I then give and allot to my two sons Robert L. Hart and J. M. Hart all of my lands lying on the south fork of obion River and on both sides of the river including all that I hold either by deed or grant also the undivided interest that I hold in the G. T. Rochell Estate including both of my mills say & grist with all appertainin thereto for instance the wagon and steers long chains axes & such tools as is considered belonging to the mills also the stock of hogs and cow and calve & c The lumber swell on the yard excepted I then give and allot and dirrect that the proceeds of sale after what is alloted to my wife Nancy during life including all the effects that I may have be then either in money notes or accounts Equally divided between my two youngest daghters Harriett and Robiania and I also direct that the blacks that may not be alloted to my wife during life be hired out from year to year until the death of my wife and at her death then all of them both what has been hired and what was alloted to my wife with their increase also all of the stock Horses cattle hogs sheep farming utensils household and kitchen furniture that may have been allotted to my wife Nancy be sold and the proceeds be equally divided between Harriet & Robenia until their divides including what is named above shall amount to six thousand Dollars each then if there should be a ballance either from sales above or from the sale of any lands not above disposed of I direct that the same be equally divided among all the legatees And in addition to the above divides I allot to my sons R. L. Hart my old man Lewis in the miller so that he is not to be taken into the above hireing divide or sale as the case may be In addition to what I have allotted to James Patton I allot to him 1000 Dollars in cash to make him equal with the rest of the Legatees which is to be paid out of the estate.

Last and again I allot to John M. Hart the tract of land know as the binja Hase tract lying on or near the south fork of obion which I consider worth fifteen Hundred Dollars also one other tract on the head of my old mill pond opposite Brumelys which I consider worth one thousand dollars in addition to this I allot that my son N. T. Hart pay him Twenty five hundred Dollars out of the mills which will make it five Thousand Dollars which I consider equal to the other legatees. I constitute and appoint John M. Hart Robert L. Hart and China Wilder Executors to this my first and last will and Testament. Signed sealed and delivered this 21st day of July 1855

Gilbert Hart (Seal)

In presence of A. T. M. Woolen

John Simons

State of Tennessee )

Carroll County ( At the August term 1855 was produced in open court the last will and testament of Gilbert Hart Deceased and the same was duly proven by the testimony of A. T. M. Woolen & John Simons Subscribing witnesses thereto And the same ordered to be duly recorded. 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.