Book A, Transcript Page: 22

In the name of God, Amen. I, James M Henderson of the County of Carroll and State of Tennessee being of sound mind and disposing memory but fully sensible of the uncertainty of life do make and constitute this my last (p. 22) will and Testament. In the first place it is my will and desire that my estate shall be kept together for the more convenient purpose of educating my children that as they succesively come of age their portions Shall be given off to them if they desire it and in the event of my daughter Margarets marriage that her portion shall then be given to her as hereinafter directed. It is my further will and desire that my father and mother be supported out of my estate as long as they shall choose to live on it. and that they be considered as the primamarry managers of my property and the gardians of my children. It is my will and desire that my Son James Martin shall have my gold pattent lever watch and that his portion of my estate shall be charged with the value of it $150.00, and that if he die before he come of age, that my Son Pleasant Shall Have the watch on the same conditions and if he dies before he is of age, that my Son William Henry Frederick and Marion Be successively entitled to it on the same conditions. The gold lever watch which was my late wife’s I give to my daughter Margaret and her portion of my estate is to be charged its value $90.00. My large shot gun I give to my Son James and leave my rifle in trust to him to give to my Son Marion when he is large enough to use it, and to tell him it was his fathers Gift. My small Silver mounted Shot gut, I give to my Son Pleasant. It is my will and desire that none of my negroes shall be seperated from their wives. It is my will and desire that Andrew and his Wife Betty and their children be kept in the family to assist by their Labour in the Support and that Andrew carry on the business of his Shop, as he is now doing and neither he his wife or children Shall be apportioned off until my youngest child is of age. To my youngest son Marion I give and bequeath as part of his Portion my negro boy Henry because they were foster children. I do hereby appoint my father Pleasant Henderson and my brothers Tippo Saib Henderson and Mark M. Henderson and my friend James H. Gee executors of this my last will and testament to execute my Said Will and I do hereby empower my said executors to Sell any portion of my estate real or personal if they think it be for the advantage of my estate and to continue arrange and manage my affairs and my estate both real and personal in any manner which to them may seem best, calculated to Subscribe and promote the interest and wellfare of my children. It is my wish that my executors will obtain from my stepdaughter Sarah Ann Stone the portraits of myself and my late Wife that my children may retain a recollection of our features. My land shall be divided off to my sons as they successfully come of age, if they desire it, according to quantity and quality and if they choose to leave the portion of property to which they are entitled with the family they shall be allowed a reasonable hire or rent. Therefor it is my wish that my children (p. 23) shall be charged with what money may be necessary for their advancement and that my Executors keep a regular account with each of my children. If my daughter Margaret marry before she of age her portion of land and Other property may be divided off to her, but no absolute title Shall accrue to her husband untill she is of age nor then if my executors shall have reason to believe that her husband is likely to squander the property, in that case I hereby Require of the executors to execute Such an instrument or Conveyance, as Shall Secure her portion of my property & estate to her and her heirs. The home place shall be retained for and valued to Marion when he is of age as his portion and in the event of his death to the one next above him in age, and it is further my desire that it Be the permanent residence of my Father and Mother and They or the Survivor retain it during their natural lives. The title to the family negroes lewis and george is in Alexander Henderson and I hereby direct my executors to purchase them even if they have to sell land to do so, and that they then be considered as part of my estate and Subject to the provisions of this will Signed Sealed &c this 16th day of July in the year of our lord 1831 in the presence of
R. L. Hogg,
J. M. Jennings Jur
Wm. Gwin Jur

Jas. M Henderson (Seal)

(p. 24) State of Tennessee)
Carroll County Court) September Term 1831

The last will and testament of James M. Henderson deceased was Produced in open court & proven by the oaths of Isaac M Jennings and William Gwin tow of the Subscribing witnesses thereto and ordered to be recorded and on Montion of Plesant Henderson Tipps Sabe Henderson and Mark M. Henderson three of executors named in the said will who took the oath required by law and together with Barry Gillespie and Samuel Benton their Securities entered into and acknowledged their bonds in the Penalty of fifteen hundred dollars conditioned as the law directs certificate is granted them for obtaining a probate thereof in Due form.

A Copy test
E. Gwin Clerk

Registered 25th October A. D. 1831
Witness Edward Gwin 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.