Joseph Cooper, Senior, Will (1845)
Book A, Transcript Page: 134
In the name of God Amen I Joseph Cooper Sr. of the County of Carroll & State of Tennessee being in bad health but of sound mind & disposing memory I do make constitute and ordain this my last will and Testament in manner and form following hereby revoking and making Void all other will by me made. In the first place I hereby constitue & appoint my son Joseph Cooper my son in law Joseph C. Fowler my son in law David Green Executors to this my last will & Testament. It is my will that the note due me my littl Thos. Crawford of about twelve hundred dollars (I) the proceeds thereof be Equally devided among the children of Mark Cooper Lucy Smith Elizabeth Young & Celia Lawder that is that such one of Sd children shall his or her equal part of the sum regardless of the fact that some of the above named of my Children have more children than others take the whold number of thee Children of Marks Coopers Lucy Smith Elizabeth Young and Celia Lauder devide Sd note in so many equal parts and distribute the same among the same and it is my will if the proceeds of Said note Shall fall Short of a Sufficiency to give Each of said grand Children one hundred dollars then and in that Event my Sd Executors shall pay over to Sd grand Children one dollar Each out of the proceeds of the perishable Estate and it is my will that in no Event nor under any contingencies shall the Sd heirs of the Sd, Mark Cooper Lucy Smith Elizabeth Young and Celia Lawder participate inthe devision of the balance of my Estate or anything that may accrue into the Same. I give unto my Daughter Lydia Green wife of David Green nigro men Isual Elie & Stephen. I give to my son Joseph Cooper nigro men Needham Allen & John. I give to my Daughter Polley Young wife of Isaac Young two nigro women Edy & Mourn & negro by Tom.
I give to my Daughter Martha wife of Josiah C. Fowler Lett and her three children Hester Amy & Gustus & & her Child Mary & a nigro man Charles. I give to my Grand son Joseph Fowler two nigros Girls Julia & Betsey & one hundred acres of land Including my residence part of the tract of land which I bought of Saml. Mc Corcle also my occupent claim adjoining the same on the South about 93 acres and also a Small Tract of land purchased of Peter Ray & Jinkins adjoining the Said home Tract on the East containing twenty three and 1/3 acres subject to the possession of my Daughter & his mother Marther Fowler during her natural life without rent. I give to the Sd Joseph Fowler my rifle Gun shot pauch &c Subject to the possession of his father Joseph C. Fowler untill the boy arrives at the age of fourteen. I give to my daughter Patsey Fowler the turn pike Establishment containing forty acres of land subject to the control and management of Leonard Abbott the present year whose duty it shall be to keep a correct account of all the profets of the same and all the Expences of the same which account shall be rendered to my friend Robert Vry & James M. Hurt who shall decide the amount of compensation the said the said Abbott shall have for his services. If they cannot agree it shall be their previlage to call a third man whose descision shall be final as to the Interst of Sd Fowler. It is further my will that the Sd Leonard Abbott whome I have Employed as an overseer for the present year shall go on to the finish the crop according to our contract. It is further my will that my corn Bacon Stock are to main in the possession of the sd Abbott untilthe End of the year before a sale shall take place, it shall be the duty of my Executors to take possession of my notes & proceed to collect the same & devide my money according to this will, and Lastly it is my will that my said Executors sell all my crop of this and previous years my stock of Every discription necessary to be sold and after the payment of my debts that the residue of my Estate of Every discription that now is or hereafter may be Shall be Equally divided among my four living children (to-wit) Joseph Cooper Lydia Green Polly Young & Martha Fowler. It is further my will that the Sd Abbott shall retain possion of his hands untell he have reasonable time to Strip the crop of Tobacco after which the Tobo. shall be devided with the Said Abbott in the bundle.
In testamony whare of I hereby set my name and affix my seal this the twenty forth day of February in the year of our Lord one thousand Eight hundred and forty five.
Joseph Cooper (Seal)
Signed in the presence of
Jas. M. Hurt
Robert Vry.
Leonard Abbott
X his mark
Note: this will was contested in the County Court and contested and proven & Established as valid at the April Term of the Circuit Court 1856.
W. H. Graves, Clerk
State of Tennessee)
Carroll County ( April Term 1845
This day the last will and Testament of Joseph Cooper, Decd. was produced into open Court and the due Execution proven by the oaths of James M. Hurt and Leonard Abbott two of the Subscribing witness thereto whare upon Joseph Cooper Joseph C. Fowler & David Green the Executors named in said will came into open court and entered into bond in the penal Sum of Twenty fore Thousand dollars with Wm. C. Peeples John Fisher & B. B. Barner as the Securities which the court order to be recorde.
A Copy Test
Y. W. Allen
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.