Book A, Transcript Page: 197

I Thomas A. Hawkins a citizen of Huntingdon, Carroll County Tennessee being of sound mind and disposing memory do make ordain and publish this my last will and Testament hereby Revokeing all others by me heretofore made.

1st Item. I desire that my mother Margaret S. Hawkins widow of the late Gen. Caleb Hawkins Decd have the use of my farm lieing about one mile North of Huntingdon on the road leading to Paris for and during the Term of her natural life.

2nd Item. I desire my executors herein after named to pay My Said Mother fifty Dollats anually during her natural life Out of any monies in their hands belonging to my Estate.
– Nos. 1st and 2nd should be set out like this – A.T. Martin –

3rd. Item. I also desire that Maria a colored woman slave now owned by my Said Mother have the Sum of ten Dollars annually during her life to be likewise paid her by my Said Executors.

4th Item I desire my said Executors to procure and have erected at my Own and my Said Mithers Grave Grave Stones of at least as good quality as those now erected at my Fathers Grave to cost Sixty or Seventy Dollars per pair with Suitable inscriptions thereon and that it may be known by those who are live after my that I am a firm believer in and a member of the order of Sons of Temperance it is my desire that some of the Emblems of that order be inscribed upon my Grave Stone. (Robert Mc Cracken)

5th Item. I give and bequeath to my friend Alexander R. Vickers my Breast pin upon which are some of the Emblems or devices of the order of Sons of Temperance I give it to him as an evidence of the high Estimate I place upon his Able efforts and untireing Zeal in the cause of Temperance, and I desire that when he is done with things Earthly he will bestow it upon some Brother of the order Equally worthy. (Wm. Akers

6th Item. I give and bequeath to my friend Dr. Seth W. Bell all my Shaveing utensils.

7th Item. I give to my friend Citizen S. Woods my Ivory headed walking cane.

8th Item. I wish my executors hereinafter named So soon as may be practicable after my death to sell and dispose of all my estate both real and personal in such manner and upon such terms as they think best except the tract of Land upon which is situate the farm the use of which I have already given my Mother during her life which I wish my Executors to sell So Soon as my be convenient after the death of my said mother in such manner and upon such terms as they may deem best.

9th Item. After the payment of the before mentioned Legacies I wish my Executors to Raise out of my Estate the Sum of five thousand Dollars, to be used and appropriated as follows (to-wit) I wish it loaned out anually at Simple interest for fifty years to sober industrious young men who may be just comminceing business in life in Sums not exceeding One Hundred Dollars to any one individual within the same year and he shall be Required to give good personal Security for the payment of the Same with Interest thereon And I wish my Executors So soon as they may deem it practicable to procure the appointment of Some Suitable person or persons to Receive and take charge of Said fund and that they pay the Same over to him. I wish said Trustee or Trustees to be appointed by and to be under the control of the Chancery Court of Huntingdon. And in the event that said court should be abolished or Removed from the County of Carroll, I then wish said trustee or trustees to be appointed by and under the control of the Circuit Court or highest court of Judicature in said county. And it is my wish that the trustee or trustees so appointed be Required to give bond with ample Security for the faithful discharge of said trust and that they be subject to removal at any time either for a dereliction of duty as trustee or immoral or dishonest conduct, and should Said trustees as aforesaid be unable to loan any part of said jund as hereinbefore directed, then and in that case he may loan the surplus to persons of more advanced age who are Sober and industrious, at Simple Interest on six months time instead of twelve months and in Makeing said Loans he shall not be confined to the sum of One Hundred Dollars nor shall he exceed the Sum of five Hundred Dollars to any One individual within any Six Months and in each case of this Sort Said trustee Shall take bond with two good and Sufficient Securities for the payment of the Same and in no case Shall Said trustees be authorized to loan any of said fund to any person who is in arrears on account of said fund.

10th Item. At the expiration of fifty years from the time that the aforesaid fund shall be Received by Said trustee or trustees he or they or his or their Successors shall apply to the court which which may then have the control of Said fund and procure the appointment of five men of Sober moral habits and possessing Suitable qualifications, whose duty it Shall be to purchase a Suitable Site with So much Land as they may deem necessary within the County of Carroll where ever they may thing most adviseable and Suitable for the establishment of a School for the education of Boys from fourteen to Eighteen years of age. Said Boys Shall be Selected from the County of Carroll in the manner hereinafter specified unless other donations shall be aded to this fund and for the accomplishment of the same purposes and in the event Such donation or donations should be made then nothing in this my will Shall be construed as to prevent the Donor or Donors from declareing the Locality from which a number of Students proportioned by the amount of money so donated Shall be Selected from, provided that in no event Shall any person be entitled to the benefits ariseing from Said School who is not of the white race.

The Trustees of Said School Shall have the power to admit or reject a Student and they shall be the sole Judges as to whether or not any one who may propose to enter Said School is or is not entitled to the benefits thereof. In Selecting the Students or persons, who are to be educated in the School herein provided for, Said trustees Shall first Select from the County of Carroll those Boys whose parents are unable to educate them or those who have no parents and are destitute of the means of obtaining an Education, and in the event that there cannot be a Sufficient number of boys obtained in said County of that class to fill said school then said trustees shall have the power to select from the counties adjoining a Sufficient number to fill Said School such as may be in a like destitute condition with those already herein provided for. At the time a Boy enters Said School the parent Guardian or other person haveing the control of said Boy shall Relinquish the control of Said Boy to said trustees whose duly it shall be to defray all the necessary expenses of Said Students out of the fund hereby provided for the establishment and support of Said School. It shall be their duty to provide good and comfortable apartments for the Students in Said School and all necessary Medicine clothing &c. And it is my desire that the clothing worn by said students shall be uniform in color and make and be changed twice a week or as often as may be necessary for their comfort and health. I desire and so direct that the trustees for said school shall employ som Suitable female to Superintend the cleansing of the bedding and clotheing of the Students belonging to said school and to do whatever else may be necessary for their health and comfort. In selecting the students for said school said Trustees will select those that are as near as may be of the age of fourteen years, provided they fall within the class before described and the fact that a boy is a few months over or under the age shall not prevent him from entering said school provided he has not the means to educate himself and his parents are unable to do so, and in as much as One of the prime objects of this bequest is to Remove persons who are about forming their characters put of the Reach of evil examples and from the haunts of vice and immorality with a view of preventing the pernicious and blighting effects of evil associations I desire that the students in said school shall not be permitted to make any visits to see their parents or any other person whilst they remain in said school and that their parents or Guardians be permitted to visit them but once in each quarter for which the trustees of said school shall designate one day in each quarter as a general visiting day. When a Boy is admitted to said school he shall Remain in said school four years unless he shall be dismissed for Misbehavior or immoral conduct or his health become such that the trustees of said school deem it prudent to permit him to Retire, and at the expiration of the term of four years, from the time a boy enters said school it shall be the duty of the trustees of Said school to place him in such a situation that he may acquire a Knowledge of some mechanical art or trade. The Trustees for the school aforesaid after purchasing the Lands as herein directed shall procure the erection of such House or Houses thereon as they may deem necessary for the purposes of said school, school Room or Rooms and such as may be necessary for lodgeing and sleeping apartments and all the necessary buildings thereto attached and said trustees shall have power to purchase from time to time any additional quantity of Lands and to make such improvements thereon as they may deem necessary for the purposes of said school, and I also desire them to have erected if deemed necessary suitable Rooms for batheing Rooms, and I further desire them, and they shall have full power and authority under the specific Restrictions herein made to do and perform all things else which may be necessary to carry out and accomplish the objects of this bequest and to pay for the same out of the funds herein provided and set apart. X and shall from time to time draw upon the Trustee or Trustees having the possession of said fund for so much money as they may necessarily have to expend in purchaseing said Lands, building said Houses, makeing improvements on said Lands, Employing Teachers, furnishing said school with Books aparatus &c Boarding the Students in said school furnishing clothing &c And for every other purpose which may be necessary and proper to carry out the objects of this bequest, provided that in no case shall more than the anual interest upon said fund at the time, together with an amount equal to one eighth of one per cent of said Interest, which is to be taken from the principal be appropriated anually, for any purpose or purposes whatever. And the Trustees for said school are in all things to have the control and Government thereof so long as they shall demean themselves uprightly in the walks of life and faithfuly discharge the trust hereby given them. But in the control they are to exercise over the Government of said school they shall not have the power to annul any of the Rules or subvert any of the principles herein laid down for the Government thereof but shall see that the same are enforced and complied with and I desire that they that is the trustees for said school shall also be under the control of the court haveing charge of said fund and subject to Removal for any direliction of duty or immoral or dishonest conduct. They shall Require each student in said school to be employed at least two Hours in each day in some manual Labor either on a farm to be provided for that purpose or in some other manner, the proceeds of which shall be applied to the support of said school. They shall also forbid the use of Intoxicating drinks by the students and should any student so far violate said Rule as to be twice intoxicated he shall be dismissed immediately. They shall also Require that the Students in said school whilst amuseing themselves Remain within the Grounds attached to the premises and to be designated for that purpose. The Students in said school shall not upon hollidays or at leisure hours, be permitted to leave said grounds except under the immediate charge of their teacher or some other person of correct moral habits, whose duty it shall be to accompany them and see that they do not indulge in any vicious practices and that they demean themselves civilly and correctly and Return to their Lodgeings at a proper hour. They shall also Require of the Teachers and every student in said school to attend the public worship of the Deity on every Sabbath day except on such day as the inclemency of the weather or other causes Render it impracticable and that they should do so, and of this said trustees shall be the sole Judges, and that the Teachers or some other person of correct moral habits accompanies said Students to and from church, see that they demean themselves in a proper and becomeing manner whilst at church and that they Return to their Lodgeings or apartments immediatley after the services are concluded at the church and in as much as there is as I believe great force in Example Particularly when brought to bear upon the young who are just forming their characters, and that it not infrequently turns the balance in favor of virtue or vice and in as much as the object of this bequest is to promote virtue and morality and so to dispose of this fund that the greatest possible advantage may flow from it to those who are to live after me. I therefore desire and so direct, that the aforesaid trustees in empoying teachers shall stipulate with said teachers that during his or their term of service, he or they shall not use intoxicating drinks and that in the event he should hi is to be forthwith dismissed by said trustees and to forfeit his Right to pay for any service which he may have rendered in said school and said trustees shall not have the power to appropriate one dollar of the aforesaid fund in the payment of any teacher who shall use intoxicating drinks during his term of service as teacher as aforesaid if the fact comes to knowledge of said trustees before said appropriation is made. It is further my desire that the court haveing the care of the fund aforesaid and the control fo the Trustee or Trustees haveing the possession of said fund and the direction of the Trustees of said school Require said trustee or Trustees haveing possession of said fund to Report anually and as much oftener as it may deem necessary the pricise condition of Said fund, and that it Require of the Trustees of said school to Report annually and as much oftener as it may deem necessary the precise condition of said school the amount of money expended and for what, and it is my desire that after the lapse of fifty years from the time the fund herein provided for shall go into the hands of the Trustee or Trustees appointed to Receive and take charge of the Same as herein before provided for, said Trustee or Trustees having said fund shall continue to Loan the Surplus after defraying the expenses herein provided for, in the same manner and upon the same terms as I have heretofore directed the same to be loaned untill the expiration of said term of fity years, and should any vacancy occur in any of Said Trusteeships wish said court to fill the same and in the same manner that I have herein before directed the appointments to be made. I desire that once in every year an Election be held by the Trustees of said school for the purpose of electing an assistant Teacher for said school that after the first four years said assistant be chosen from the students in said school, that in said elections the principal Teacher be allowed one Vote and should any vacancy occur I wish the same filled in the same manner and as it is my object to benefit those who may be entitled and see proper to avail themselves of the benefits ariseing from said school as much as I can and in as much as I believe the study of various branches of learning taught in schools at this day is to the much Larger proportion of Students an unjustifiable consumption of time and money I, therefore direct that the student in said school shall not be put to the study of any Language except English or that generally used in this country or to the study of Geography of the Earth I desire that they may have a substantial English Education. One which will be of service to them in the ordinary practical business transaction of life.

11th Item: If after the payment of the legacies herein before given as well as those given to particular Individuals as the fund herein given in trust for the purposes aforesaid, there should be other funds in the hands of my executors or which may come to their hands from the sale of my Estate or otherwise then I give my Niece Mary McClellan Withers five Hundred Dollars to her sole and seperate use to be used and enjoyed by her independant of the Marital Rights and free from the control of any husband which she may now or hereafter have. Then I also give my Niece Catherine Hawkins Withers five Hundred Dollars to her sold and seperate use independant of any Marital Right of and free from the control of any Husband which she may now or hereafter have. Then I also give to my Niece Lucy Ann Gee three Hundred Dollars to her sold and seperate use independant of any Marital Rights and freem from the control of any Husband she may hereafter have. Then I also give my Nephew Alexander Gee Son of James H. Gee the sum of three Hundred Dollars. 12th Item. The Legacies herein given to Mary Mc Clellan Withers Catherine Hawkins Withers Lucy Ann Gee and Alexander Gee are not to be paid untill all the Legacies named before them have been paid nor untill the sum of five thousand Dollars which I have given in trust by the 10th clause of my will has been paid and in the event that x should not be a sufficient amount of my Estate after paying the Legacies and bequests herein directed to be paid before those given. The said Mary M Catherin H Lucy A & Alexander to pay the entire amount of the Legacies herein given to them then and in that case they shall share the Loss Equally and should there Remain a Ballance after the payment of all of said Legacies I wish it aded to the trust fund give by the 10th clause of this my will. 13th Item I do hereby nominate and appoint my friends John Norman, Alvin Hawkins, Isaac R. Hawkins and Dr. Seth W. Bell my Executors to execute this my last will and Testament and I Request that they shall not be Required to give Security for the performance of their duties as such Executors and do hereby exempt them from the same.

In witness whereof I have hereunto set my hand and seal this 1st day of March A.D. 1852.

Tho. A. Hawkins (Seal)

Signed sealed and published in presence of
A. T. Martin, Robert Mc Cracken, William Akers.
CODICIL

I Thomas A. Hawkins do make and publish this as a codicil to my last will and Testament hereby Revoking the codicil made and published by me on the 17th day of August 1852.

1st being desirous to provide for the seperate support and Maintenance of my Sister Ann Warren Gee wife of James H. Gee I direct my Executors to purchase the plantation or tract of Land upon which said Gee now resides from Robert A Brown, or any other person haveing the Legal or Equitable title thereto, which said tract consists of Eighty five acres, and in the event that there shall not be in the hands of my Executors funds sufficient to pay the special Legacies and to purchase Said Land, then they shall deduct an amount sufficient to make payment for said purchase, or the deficiency from the bequest of five thousand Dollars made in my will And upon makeing the payment to said Brown or any other person who may be entiteled to Rec. the same which said payment or price to be given for said Land is not to exceed the sum of four Hundred and fifty Dollars, My Executors are to have said land conveyed to John Norman in trust for the sole and seperate use of My said Sister Ann Warren Gee whereon so long as she sees fit to Reside she shall have the absolute and sole control free from any control of James H. Gee or any other Husband that the said Ann Warren Gee may hereafter have, and in the event that the said Ann should wish to Remove to any other place and desire the sale of said Land and purchase with the funds ariseing from the sale of the land aforesaid an other plantation at such place as the said Ann may desire, takeing the Legal title in his own name but clothed with the aforesaid trust (to-wit) the sole and seperate use of the said Ann to be used and enjoyed by her independant of and free from the control of her said Husband James H. Gee or any other Husband and that she may hereafter have And in the event that Mrs. Gee should not out live My step Mother Margaret S. Hawkins, then at the death of the said Ann Gee the said Margaret S Hawkins shall have, hold use and enjoy said land for and during the term of her Natural life but, should the said Ann out live the said Margaret S. then upon the death of the Ann it is my will that her daughters who may be unmarried at the time of her said Death shall have the aforesaid tract of Land or the one to be purchased in lieu thereof to have hold use and enjoy, to their sole and seperate use free from any control of any Husband that either of them may thereafter have, and in the event there should be at the time of the death of the said Ann, no unmarried daughter of hers, then the aforesaid Lands are to be equally divided between all of her Daughters to be by them held used and enjoyed for their sole and seperate use free from the control of any husband that either of them may then or thereafter have. In testimony whereof I have hereunto set my hand and seal this 9th day of September A. D. 1852.

Thos. A Hawkins (Seal)

Signed sealed and published in presence of
J. N. Lindsey
Joshua Huffman

State of Tennessee)
Carroll County) October Term 1852

This day a paper writing was produced in open court purporting to be the last Will and testament of Thomas A. Hawkins Decd and was duly proven by the oaths of A. T. Martin Robert Mc Cracken, William Akers and the Codicil to said will was duly proven by the oaths of J. N. Lindsey & Joshua Huffman the same is ordered by the court to be duly Recorded to which I certify that the above is a copy Test.

Wilbron 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.