Will of Samuel Bogart, Jr. (1833)
Transcribed and contributed by Margaret Johnson
In the name of God, Amen.
I Samuel Bogart of Carter County and state of Tennessee Being in Reasonable Health and perfect mind and memory thanks be to God – therefore calling to mind the mortality of the Body and knowing that it is appointed to all men once To die. Do make order this my Last Will and Testament that is to say – principal and first of all I Recommend my soul into the Hands of almighty God that gave it and my body to the Earth to be Buried in a christian manner at the Discretion of my friends — Touching my Worliy Goods & Estate – wher with I Have Been Blesd with I Give and Dispose of In the following manner –
Item 1 I Give to my son Jeremiah Bogart the planation in Washington County where on said Jeremiah now lives.
Item 2 I give to my Beloved Daughter Lyia Bogart all my land of the Home place that Lays on the West side of the creek.
Item 3 I give to my Daughter Margret McNabb all that part of the Home place that Lays on the East side of the creek.
Item 4 And after my Death If there is any propty I desire that it be devided between my three children.
Item 5 I do constitute and appoint my son Jeremiah Bogart Executor of this my Last Will and Testament and I do set mute and Void all former wills making this my Last will in Witness Whir of
I have hereunto set my hand and seal this 22nd day of October 1833. Wttes Samuel Bogart ( seal )
Schedule to Saml Bogart’s Will 1836
To all to whom these presents shall come We Jeremiah Bogart Lyda Eckard and Jacob Eckard Margaret McNabb and Andrew T McNabb being the heirs of Samuel Bogart Dest late of Carter County and State of Tess. And Mary Bogart widow and relick of the said Samuel Bogart Dst send Greeting.
Whereas the said Samuel Bogart died possessed of two tracks or parcels of land; one in the Greesy Cove where on the said Jeremiah lives on: The other in Carter County where the said Samuel lived and died on. And also other property which will be hereafter more particular mention. And that then was found in his desk a paper under seal “Samuel Bogarts Will” without any subscribing witness which said writing divides the land as to give Jeremiah all the cove land and Margaret the East and Lyda the West side of the Buffalow Creek lands. And that the said paper or will directs that the remaining part of his property be divided between his three children as above named, making no provision for the comfort and support of the widow.
It is therefore hereby agreed by the said heirs in addition to the said Will that the said Mary have her support and maintainance with her daughter Lyda in the house she now lives in. And that the widow take of the house hold furniture and kitchen all excepting such articles as will be hereafter named also a young mare saddle and bridle, two milk cows, eight head of Sheep, ten head of hogs, the Geese and poultry, the twenty four hour Clock, the Cubboard and desk, two feather beds with their appertenances six Chairs, the kegs and wind Mill tables.
The remaining parts of the said property, money, and debts. Viz a waggon and gears, plows and harrows The ballance of the stock of cattle, hogs and sheep Smith tools; two stills and all of their appertenances, a horse and eight day clock, a rifle gun and all other parts which is not for the widow support and maintainance is to be divided as fast as can be mutually agreed on between the said Heirs the ballance to be sold to the highest bider on nine or twelve months Credit and the money equally divided as above.
And it is further ___ agreed that because the said widow is to have a life Estate on Lyda’s portion; that at the said widows death Lydas is to have all the property reserved for her convenience and support to be the said Lyda’s and Jacob Eckards forever.
And further we agree that Jeremiah Bogart have all the said mentioned land in the Cove with all of its appertenances to him, his heirs, and asigns for ever from the rest of us our heirs. And Lyda to have the west side of Buffalow Creek of his Carter Lands with all the appertenances there to belonging to her and her heirs and asigns for ever from the rest of us our heirs. And to Margaret all of the East side of Buffalow Creek ajoining Lydas to be the said Margarets her heirs and asigns forever from the rest of us our heirs. With all its appurtenances there to belong with one exception that is, Lyda is to have a free privelege of the spring that supplies the house with water with privelege to keep up the acquaducts with as little injury to the land as possible. And that a fence is necessary to divide the two last mentioned lotts each one is to make and keep up a good sufficient fence half the distance say on his on land with the meanderings of the Creek joining in the center of the extremes.
And further as Jeremiah Bogart is mentioned in the paper purporting to be the will as the Executor of this said Estate. We also agree to the same with this agreements as a schedule to the same ___ And lastly for the faithful performance of these present we the said parties bind our selves each to the other in the final sum of one thousand dollars to stand and abide to the conditions above named in witness whereof we have set too our hands and affixed our seals this May the 7th 1836.
Signed and acknowledged
By all but Jeremiah in the
Presence of
John Wright
Isaac C. Hammer
Jeremiah Bogart (Seal)
Lydia Ekard (Seal)
Jacob Ekard (Seal)
Margaret Mcnabb (Seal)
Andrew T. McNabb (Seal)
Mary Bogart (Seal)
Signed and acknowledged
by Jeremiah Bogart
Signed In the presence of
John Wright &
Isaac C. Hammer
Source: Carter County Wills and Inventories 1794-1847, Page 83