Book A, Transcript Page: 98

In the name of God Amen I Robert Hurt of Carroll County & State of Tennessee being in delicate health but of Sound mind and disposing memory do make ordain and constitute this my last will & testament hereby revoking all other wills by me heretofore made.

In the first place I constitute my Brother James M. Hurt my Sole Executor of this my last will and testament I hereby authorize and empower my said Executor to sell the estate on which I reside encluding the Wallace tract and the Patton Tract as a whole Tract or cut it into such lots as he may think proper, giving such credits as he may think fit as regurds the Sale of said land my said Executor is not under any restraint in any way. My sd Executor is also authorized to sell all my land in Rutherfords fork if he deems it necessary I hereby vest him with the same unrestricted power in that as the Sale of the home Estate & hereby require my Sd Executor to sell about seventy Eight acres of land lying East of a line running North from the first N E corner of the Peter Clingman Tract untill Sd line Strak the land of James M. Hurt I releas my sd Executor from all restraint as to the particulars of the sale of sd land I lend to my wife Eliza the tract of land lying west of the above notied line running N from the clingman corner and lying North of the land Sold John Terry it being avout 180 Acres during her natural life or widdowhood and I hereby authorized & require my sd Executor to expend five hundred dollars in the emprovement of the sd land lound her is such manner as she may direct my sd. Executor is further required to pay my wife Eliza two hundred dollars in cash. I give to my sd wife Eliza the following negroes (to-wit) Robbin James Henry Isbell and her three youngest children (viz) Julia Jan & Meria I also give her Sally Phillis & her child Angeline all of which negroes come her at our marriage to her and her heirs forever.

I also give her one hundred barrels of corn ten barrels Superfine flour one barrel Sugur and one sack coffee two thousand pounds pork and the lard that cume out of it ten choice sheep the choice English cow & calf three choice common cowes fifteen choice hogs for Killing next year three sowes and pigs two horses (to-wit) bob and think the carriage and harness the spinning machine four stakes of oats & four stacks of blades my gold watch all necessary farming tools for the sd hands given all the above named property Except the land I give to my Sd wife Eliza and after taking out four bd bedsteads and furniture for my four youngest children I give the residue of my household and kitchen furniture to my said wife Eliza I except the piano which I entent to give my daughter Caroline I also give my sd wife Eliza the choice barrel of wine two seventy gallin caske of best cider. I also give her my ox waggon and one yoke of oxens. in the above devidean about my land I omited to say what should be done with my interest in the Daughherty mill which is one third of said mill. I hereby authorize and require my Executor to sell s. interest at auction on credit of twelve months my sd Executor is allowed to bid for and purches sd interest on his own account to be made until the suit is ended. I reserved from Mrs. Faulker the grandmother of my four youngest children a legacy which I account to them for as follows the advancement made my Daughter Harriet for Education and otherwise I make to balance her part of Sd Estate I give my daughter Caroline the Pianno that with the advancement made her I make to ballance her Interest in Sd Estate. I give to my son Robert B. Hurt a nigro boy Armstead as his part of Sd Estate with the request that he shall not sell him. I give my Daughter Elvira a nigro girl Harriet as her potion of said Estate which accounts for the whole Estate. My son Wm. W. Hurt has had much more of my Estate than his Just part would be but I hereby give him one dollar and releese him from any accountubility to my Estate It is now my wish to devide the residue of my estate Equally among my children namely, D. Alexander Jackson’s children hawel William and Mary to represent their mother and receive her interest as one legutee that is the one sixth part of my estate yet to be disposed of having refference to advancements made my Daughter Mary which will be hereafter notice my son G. C. Hurt having reference to advancements made him Sd advancements shall be ascertained by a settlement with my Executor who shall not go farther back than 1st of January 1837 and there settlement shall be final Sd G. C. Hurt shall be allowed for all the improvements he has put whare lives my Son Robt. B. Hurt, my daughter Harriet C. Hurt, Caroline M. Hurt & Elvira B. Hurt. My will is all my Estate after giving beads beadstead and furniture to Robt. B. Harrett C. Caroline M. and Elvira Hurt Each shall be equally divided having refferance as above noticed this claus not entended to refer to property already disposed of my daughter Mary has recd. in all fourteen hundred dollars my Executor is requested to sell all my perishable estate crop on hand of Every description on a credit of twelve months Horse waggons and stock of Ever dexcription included. I wish my slaves devided among the six legatees Dr Jackson’s children as one G. C. Hurt R. B. Hurt Harrell C. Hurt, Caroline M. Hurt & Elvira B. Hurt as hereafter directed Reddick Hillsmon John L. Palmer James Green Wm. Jordon & Daniel Jackson.

I hereby appoint as commissioners any three or all to act and make the devision among the six named legatees & there devision shall be final the boy Guilford now in the possession of G. C. Hurt belongs to my esate and lastly I hereby appoint my Executor James M. Hurt the guardean of my daughters Caroline M. Hurt and Elvira B. Hurt. I appoint my friend Melton Brown gurdian of Harriet C. Hurt if contrary to my belief there shall be any property of mine not included in the above distribution or which shall accrue to my Estate hereafter. It is my will that it shall be Equally devided among the Six Legatees last named in witness whare I hereunto set my hand and affixed my seal this 1st day of Dec in the year of our lord one thousand Eight hundred and forty one.

Robert Hurt (Seal)

Witness
W. B. Marshall, B. B. Bomer, P. H. Buckner.

Richard and the waggon & Team will be reserved to haul the Tobo. other haulings & to aid in the improvement of the land loaned my wife my Executor will pay E. Mitchum for 600 lbs. of Seed cotton which I give my wife & I give her all the wool flax & cotton on hand & she will cloth Charls Sd and Jim Bruce & Lewis free of charge. I give my wife all the molases apples Sperits &c on hand December 12th 1842.

Robert Hurt (Seal)

A. H. Smith
D. H. Boyd
W. B. Marshall

I Robert Hurt being still of sound mind and disposeon memery and having overlooked certain importent matters in this my last will and Testerment here to attached by seal to annex there unto this as a codicil to my said last will & Testament. I autherize my sd Executor to keep up the shops wood and iron one year if he shall think it fit to do so. I also autherize him to use his own discretion as regards the rent of the plantation on which I now reside (I.E.) So much of it as is not used by my wife Eliza for it is my will that she have the use of my present dwelling House and outhouses and land so far as she may think necessary for her comfort and conveniance and the employment of the slaves given her in this my last will and testament free of charge and further I direct my Sd. Executor to Employ the hands which he may keep to finish the crop of Tobacco in emproving the tract of land loand to my Sd wife Eliza after the crop is finished till the end of the year 1842 also free of charge to her it is my will that my Executor keep all the plantation hands untill they strip all the Tobacco and then that he hire them out as he may think best Except the the 2 hands in the Shops & big Charles James Bruce & littl boy Lewis the last 3 named I wish to prize the crop of Tobacco and then be Employd the ballence of the year in improving the Sd land my wife she is to receive there labour also free of charge only that her hands will help strip the balance of the Tobacco it is my will that my Executor shall at his discretion sell all my land both lots and Tracts. I give my daughter Harriet C. Hurt my fine new bibe I give my son G. C. Hurt my old Bibe. I give my daughter Caroline M. Hurt my 2 Vols. portrait gallery. I give all the remainder of my books to my Sd wife Eliza Except my extenson commenture on the scriptures and the Encyclopedia of Religions knowledge which I give my Executor & Brother James M. Hurt and now in the close of this my last will and testament to prevent any minconstruction and that my Estate may be distributed peaceable among my sd six legatees to-wit Dr. Alexander Jackson three children as the representation of their mother my daughter Mary Jackson as one legatee G. C. Hurt, Harriet C. Hurt, Robert B. Hurt Caroline M. Hurt and Elvira B. Hurt. I think fit to make these general remarks. My son Wm. W. Hurt purchased a tract of land of me some years ago of about 300 Acres for which he agreed to give me four hundred dollars as yet he has paid me nothing in relation to that transaction it is my will that if he will pay my executor the said $400. free of Interest within one year after my death that my Executor shall transfer him the title of sd. land. If not that my Executor shall sell said land as my Estate in relation to the provision made in this my last will and Testament by which my son Wm. W. Hurt is Excluded a participation of my Estate it is a matter of sore regret but such have been my advancements to him and such is his indebtedness to me that Justice for bids my doing more than the one dollar noticed in my will and Except the little Faulkner Estate advancement and special legacy noticed it is my will that the six named legatees shall participate Equally in the devision of my estate in testamony whare of I set my hand and seal this 12th day of Decr. 1841.

Robert Hurt (Seal)

W. B. Marshall
D. H. Boyd, A. H. Smith

State of Tennessee)
Carroll County) January Term 1842.

The last will and testament of Robert Hurt Deceased was preduced in open court and the Execution thereof duly proven by the oathes of W. B. Marshall B. B. Homer & P. H. Buckner 1st part, Wm B. Marshall, D. H. Boyd and A. H. Smith of the 2nd part; Wm. B. Marshall D.H. Boyd & A. H. Smith of the 3rd part, all subscribing witnesses their to on motion James M Hurt the Executor named in said will who took the oath required by law.

A Copy Test
Y W Allen Clk

Recorded Sept 16th 1842

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.