Robert B. Payne Will (1833)
Book A, Transcript Page: 41
In the name of God, Amen. I, Robert B. Payne of the County of Carroll, State of Tennessee, being in a weak state of health but of perfect mind and memory caling to mind that it is appointed for all men to die, do make and publish this my last will and Testament, revoking and making void all former wills by me at any time heretofore made. principally and first of all I recomend my Soul unto God, who gave it & my body to be buried in a decent christian manner at the discretion of my executors (as touching the worldly estate which God has pleased to bless me with. I give and dispose of in the following manner & form (viz) First, I direct that all my debts & funeral expences be paid as soon as possible after my decease out of the first money that may come into the hands of my executor from any portion of my estate real or personal. 2nd. It is my will that my beloved wife Salley Payne have the Plantation on which I now live, my negro man Brandy with all my farming utentials house hold & kitchen furniture, the provisions now on hand, all stock of Horses Hogs cattle & sheep (except so much as may be necessary to be sold to pay my lawful & Just debts) sufficient to carry on the farm for the purpose of raising my children off the proceeds of the farm &c and wen my children become of mature age then each child to have a Horse beast Saddle & bridle bed and necessary furniture &c to be appraised by two disinterested men to be of an equality to what the situation of my estate may reasonably require and William P HillSon of my Wife to share A. equal part with all my heirs in the dividsion of all my estate real and personal the ballance of the above property to be at the disposal of my Wife Sally Payne during her natural life and at her death to be equally divided between all my children, William P. Hill (Son of my Wife) to bear an Equal Share & It is my will that Three hundred dollars which I have in money on hand at this time to be appropriated to the purpose of buying a negro Girl for the use and bennefit of my estate, and that my Wife, Salley Payne be authorized hereby to select such a Girl as she may think proper and most suitable for the bennefit of my estate to be paid Paid for out of said money now on hand &c & I do hereby constitute and appoint my Wife Salley Pane & Moses Green to Sole Executor & Executors of this my last will and Testament and do hereby utterly revoke all other wills or bequests heretofore by me made in any manner & form & declare this to be my last Will & Testament. In witness whereof I Robert B. Payne have hereunto set me hand & seal this Seventh day of March, 1833.
Robert B. Payne (Seal)
James A Wilson Jur
Harrison Ezzell
Martin Maxwell Jur
I, Robert B. Payne of the State of Tennessee & County of Carroll do this 3rd day of May, 1833, make and publish this codicil to my last will & Testament in the following manner and form taking into consideration the situation of my estate. It is my last will that the three hundred dollars set apart for the purpose of buying a negro Girl be applyed by my executors to the payment of my Just debts. (as what money may be left on hand after my decease) believing it to be of more advantage to my estate than to sell off part of my perishable property to pay said demands and if any ballance the be my wife Sally Payne to use it for the bennefit of raising my children in the way she may think to the most advantage to my estate, and it is also my Will and desire that my executors be not bound to give security to execute this my last will and lastly it is my desire that this my present Codicil be annexed to and made a part of my last will & Testament to all intrests and purposes. In witness whereof I have hereunto set my hand and affixed my seal this 3rd day of May, 1833.
Robert B. Payne (Seal)
Test James A Wilson Jur
Martin Maxwell Jur
State of Tennessee)
Carroll County Court) June Session, 1833
The last will and testament & codicil thereto of Robert B. Payne, decd. was this day produced in Open Court and the execution thereof was duely proven by the Oathes of James A. Wilson and Martin Maxwell subscribing witnesses thereto to be the act and deed of the said Robert B. Payne & ordered to be recorded.
A Copy Test, Edward Gwin Clerk
Registered 31st August 1833.
E. 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.