Book A, Transcript Page: 375

I Henry P. Gaines of the County of Carroll and State of Tennessee being of sound mind and disposing memory do hereby make and publish this as my Last will & testament hereby Revoking all other wills by me hertofore made

Item First It is my will and desire that all my Just Debts & Burial expences be paid out of the whole prophets

Item Second It is my will and desire that my youngest Son Marcellas if I should die any time during the present year should have Six Hundred & fifty Dollars which said amount should be Taken out of the whole profits before divided or out of the money on hand.

Item 3rd. It is my desire that none of my Negroes Should be Sold but all be divided as herein after named.

Item 4th It is my desire that there should be two Divisions of my Negroes the one a special Division and the other a General division.

Item 5th It is my desire that Tony Charles Sim Mary Bin & Chainey be the special Negroes to be divided equally between the children of my present wife.

Item 6th It is my wish that the above named Negroes in the special division shall be divided equally among the children of my present wife including girl Mary given by me to my daughter now Lucy Roulston the evidence of which gift is now on record in Huntingdon I value said girl at one Thousand Dollars is come out of Ralston part

Item 7th As to all the Ballance of my property and effects of every discription except the negroes in the above special bequest and also the effects heretofore disposed of by me It is my will that my son John P. Gains who now lives in Mississippi Should be an equal heir with my children by my present wife with this exception I have heretofore advanced my son John four hundred dollars for which I now have his Receipt the four hundred dollars is to be taken for what is going to him and also four hundred dollars heretofore advanced to my son Burnard M. Gains is to be taken out of what is going to him. It is further my will that the Negro girl Ama without her increase heretofore given by me to my Daughter now Virginia Hughes the evidence of which give is now on Record in Huntingdon & valued at one thousand dollars is to be taken out of her part in this general division.

Item 8th. It is my desire that my Land containing about 465 Acres at this time in case of my death Shortly should not be sold but equally divided between all my said children John included reserving 65 Acres off of the south end which is to be reserved with the Improvements for the Benefit of my wife for and during her natural life.

Item 9th. It is my desire that my son John P. Gaines if he is disposed to do so sell his part of said Land to one of the Heirs But rather he would not sell to any person during my wifes lifetime.

Item 10th. It is my desire that Tony & Ann Negroes named in the above special Division Remain and be with my present wife during her natural life.

Item 11th. It is my desire that all the property of every discription above disposed of in every way and form to my said Daughter Verginia Hughs be settled on her & her children Just in the same way & manner in which Negro girl Amy is deeded to her & her and is on Record in Huntingdon and that the said W. H. Hughs shall never carry nor convey any of said property to any other state without first giving Bond with ample security for double the amount for the nontransferance of said property in any shape or form whatever either in equity or common Law the Reason why I thus make this request is founded on this conclusion that whereas he is now sold out of all that he was possessed of and yet in debt to a considerable Amount there might be danger in Removing the property to another state and its coming in conflict with the Laws of said other State.

Item 12th. It is my desire that all the property that may fall to my Daughter now Lucy Ann Rolston in the above division should be Settled on her & her children just as girl Mary is deeded to her and on Record in Huntingdon.

Item 13th. Be it distinctly understood by all that my desire is that all the Negro propperty that shall be valued at said division shall be in strict accordance with my own valuation put on two Negroes Mary and Amy as deeded to Virginia & Lucy.

Item 14th. It is my desire that all the property that shall fall to my Daughter Marandy Gaines in the a bove division shall be settled on her and the Legal children of her body but if she dies without children the property herein refered to return to my said Estate.

Item 15th. Last of all is that it is my will and desire that all the disposition & bequests here on and above made Known by me be strictly Executed & Carryed out by Executors B. M. Gaines & George Rolston.

Item 16th It is my desire if I should die any time during the present year that everything should go on the Farm asit is now going one that everything should be kept together untill Christmas and that my son Henry should be allowed one Hundred & seventy five Dollars for his services during the present year.

Henry P. Gaines Senior (Seal)

Signed and sealed in the presence of witnesses
Test
Wm. R. Snead
John Dickerson

State of Tennessee )
Carroll County ( January Term 1861

At the above term of said court a paper writing was produced in open court and offered for probate and was duly proven by the testimony of Wm. R. Snead & John Dickerson 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.