Will Book __, Page 227
Proven: Mar, 1853

In the name of Almighty God, Amen.

I James G. Guthrie of the County of Hawkins in the State of Tennessee being of sound mind and memory do make and publish this as my last Will and Testament hereby revoking and annulling all other wills by me made at any time heretofore.

First. I direct that my funeral expenses and all my just debts be paid as speedily as possible.

Second. I will and direct that my personal representatives hereinafter to be named dispose of such of my property, including my stock in the East Tennessee & Virginia Railroad and my interest in a grant of land on Bay Mountain, whereupon they may deem it advisable to do so either at public or private sale.

Third. It is my wish and desire that each of my children be as well educated as the means I leave in the hands of my beloved wife Mary Ann will justify and she may deem proper and advisable.

Fourth. I desire that my beloved wife retain possession of all my effects in the raising and education of our children, except so much as my personal representatives with the assent of my beloved wife may determine to invest in Western Lands — and also if deemed expedient by them to do so, to purchase a farm or homestead for the use of my family, having the fullest confidence in my wife doing justice to each and all of our children, and I hereby expressly leave it with her to apportion to them such property and means as her ability to do so will allow, giving to each child an equal share.

At such time during the time she may remain unmarried as she may think proper to do so, and also if deemed most for the interest of my family, my personal Representative may invest such sums or part of the means in their hands belonging to my estate in the mercantile business or any other branch of business, as to them may seem best calculated to promote the interest of my family.

And I do hereby invest my said personal Representatives herinafter to be named with full power and authority to use and control & manage said Estate with the assent of my said wife, as though I were still alive.

And to this end I do hereby authorize and empower them to dispose of any of my negroes when deemed advisable & to purchase others with any funds or means belonging to my estate.

And if deemed best by them to loan said funds, then to take bond and good security from time to time so as to secure the principal and interest.

Fifth. I desire that my son William S. Guthrie remain with his mother and assist her in raising and educating our children and assist in managing her business, and should he prove obedient, kind and attentive to his mother, and I am well assured that he will, then I desire that she and her co-executors herafter to be named assist my son in going into business, allowing him an equal share with my other children of my Estate besides what she may think he is entitled to on account of the care and attention bestowed by him as above stated toward his mother & the business of the Estate, leaving it discretionary with her to say at what time these shares shall be paid over during her widowhood.

Sixth. In the event that my beloved wife hereafter should conclude to marry again, then and in that case, I desire & direct that my Executors forthwith make a settlement with her and allot to her a child’s share of my Estate, and for them to retain in their hands the remainder of the assets &c belonging to my estate, or if not in their hands then to proceed immediately to recover possession in order to have them distributed among my children or those of them entitled to said assets, as they may respectively attain the age of 21 years.

Or should any of my daughters marry, then in their sound discretion my said Executors may pay over to the husbands of my said daughters such shares or balances coming to them respectively; or if deemed most expedient by my Executors, retain in their hands such shares or funds of said Estate until my said daughters shall respectively attain the full age of 21 years, giving to each one an equal share after deducting whatever may have been expended on account of their raising and education & according to equity & justice.

Seventh. I desire that the claims due by me to the late firm of Neill & Simpson and to the Estate of William Simpson, dec’d, be recognized and allowed in the division of the Estate of said William Simpson, dec’d.

Eighth. And I do hereby appoint my beloved wife Mary Ann Executrix and my friends James K. Simpson & Robert Simpson Executors of this my last Will & Testament, giving them full and plenary powers to manage my said Estate in such way and manner as in their judgement & sound discretion will promote the best interest of my family and estate — and having the fullest confidence in their integrity and ability to manage the same, it is my request that the County Court do not require bond & security of them, but simply that they qualify as my Executors, &c.

Ninth. In case of the death of any of my Executors, if it should be deemed proper by survivors to fill their places thus made vacant by death or wish to resign, then and in that case, I desire that the Chancellor of the district where my property may be, may appoint other suitable persons to fill such vacancies, possessing the confidence of my family or heirs & possessing discretion & ability to discharge the duties devolving on them.

And lastly, I bequeath my soul to Almighty God who created it, desiring my body to be decently intered in the graveyard of the first Presbyterian Church where my children repose. In witness whereof I have hereunto set my hand and seal This twefth day of February, 1853.

James G. Guthrie (seal)

Signed sealed & published in the presence of:

D. Alexander
J. H. Vance
John Blevins

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