Will Book __, Page 207

In the Name of God, Amen. I, Joseph Galbraith of the County of Hawkins and State of Tennessee, being weak of body, but of perfect mind and memory and calling to mind the mortality of my body that it is appointed for all men once to die, do make and ordain this to be my last Will and Testament in manner and form following, to wit:

First and principally of all. I give my soul into care of Almight God who created and gave it.

Second. My body to the Earth to be buried in a decent and Christian like manner at the discretion of my hereinafter named Executors.

And third and lastly. My earthly estate wherewith I may die seized or possessed, I give and bequeath in manner following:

To my beloved wife Mottlenia all my household and kitchen furniture without reservation to her use and benefit forever, also two cows and calves and $300.00 out of the money and personal property I may be possessed of at the time of my decease.

My negro woman Ibb I give and bequeath to the Infant (or Infants) of which my wife is now pregnant should it survive, to its use and benefit forever.

And during its minority it is my wish that the said negro may remain under the direction of one of my herein named Executors and her labor to go towards the support of my said wife and child during the minority of my child and widowhood of my said wife, and in case of her marriage, then ever after to the benefit of my said child.

But in all cases it is my wish that should said negro have children, they should be for the use and benefit of my child, and in case of my said child’s death and death or marriage of my wife then said Ibb I give to my nephew Joseph Carrington to his use and benefit forever.

Item. I give to my said child should it survive, all the estate personal (sic) that I may be possessed of at the time of my decease, after paying all debts and the hereinbefore named legatees, and in case of its death, then and in that case, I give $300.00 more to my said nephew Joseph Carrington out of said money that may be on hand.

Item. I will that my tract of land containing 500 acres in Roan County (Poplar Creek) shall be sold when recovered, and it is my wish that my brother Andrew Galbraith shall have the sole direction of all matters touching said land while in dispute and full power to sell and dispose of the same when recovered, and be hereby authorized to dispose of any part of said land in prosecuting said suit until recovered for the purpose of obtaining the land — that he may think proper.

And it is my will that if said land is recovered, when sold and all costs and charges defrayed that my wife Mottlenia have one third part of what may remain of the price of said land, and the remaining two thirds to my aforesaid Infant to be disposed of for its use during its minority as my said Executors think proper.

And in case of its death the said two thirds of said land to be equally divided between the following persons, (Viz): To my sister Margaret Young, my brother Andrew Galbraith, Harvey Young (son of my sister Sally Young), my sister Julia Davis, my nephew Pleasant Henderson (son of my sister Tabitha Henderson) and Eneas S. Galbraith, to each of the above named persons, share and share alike.

It is further my will that any money that may be belonging to my estate not already herein disposed of shall be divided equally between the above six persons last named.

Item. It is my will that in case my said Infant lives and my wife decease, remove, or marry that my Executors shall have direction of my child’s education in every manner whatever.

Item. The foregoing I declare to be my last Will and Testament in all its parts, publishing and declaring it as such, disannulling and revoking all others.

In testimony whereof I have hereunto set my hand and affixed my seal this 26th day of September in the year of our Lord, 1811.

Item. I hereby constitute and appoint my two brothers Andrew Galbraith and Aeneas S. Galbraith Executors to this my last Will and Testament.

This I further publish and declare to be part of my last Will & Testament: Item. I will in case my said negro should have children and my said child decease during its minority and my wife decease or marry, then and in that case, it is my will that my said nephew Joseph Carrington shall have negro child or children as well as negro Ibb.

This I also declare to be part of this my last Will and Testament.

In testimony of all and every part herein contained, I hereunto set my hand and seal the day and year first before herein written.

Joseph Galbraith (seal)

Signed, sealed, published & declared in presence of us:

Robert [X] Young (his mark)
Arthur [X] Young (his mark)

This Hawkins County Will was transcribed by one of the following volunteers:  Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.