Will Book __, Page 34
September 6, 1815

In the Name of God, Amen.

I, James Breeden of the County of Hawkins in the State of Tennessee, being in a low state of health, but of sound mind, do make this my last Will and Testament in manner following, to wit:

It is my will and desire that my two tracts of land that lie joining on the south side of Holston River known by the name of Brown Town be divided into three equal parts.

I give and bequeath to Winney, Mack, Ruthy, Polly, Nancy, William and Betsy Rutherford, children of John Rutherford and his wife Betsy, the third part of said land to them and their heirs forever._

I give and bequeath unto James Smith, Pulcherry Smith, Polly Smith, Winney Smith and Wade Smith, children of Samuel B. Smith and Judy his wife, one other third part of said tracts of land, to them and their heirs forever.

I give and bequeath one other third part of said tract unto Louisiana Smith and McKinney Smith, children of James Smith and Polly his wife, to them and their heirs forever.

It is my will and desire should the said John Rutherford and his wife Betsy have any more children hereafter that they shall have an equal interest in the lands left to those named.

And it is also my will that if Samuel B. Smith and his wife Judy Smith should have any more children than those named, that they shall have an equal interest in the part left the other children of the said Samuel and Judy Smith.

It is my will and desire that in case James Smith and Polly Smith should have any more children than those named, that they shall have an equal interest in the land left those named.

It is my will and desire that John Rutherford and wife, Samuel B. Smith and wife, and James Smith and wife may reside and live on the parts left their children during their respective lives, but if either doth refuse to do so, their land and share may be occupied by those that my choose to live upon their respective parts, but it may not be rented out.

It is my will and desire that my negro woman Charlott be, and I do hereby set free and liberate my negro woman Charlott after my decease.

I give and bequeath unto the before named children of John Rutherford and Betsy Rutherford his wife, and to those they may hereafter have, all the children my said negro woman Charlott now has or may have before my death, together with my negro girl Easter now in possession of Joseph Huffmaster; also my negro man named Simon, to them and their heirs forever.

It is my will and desire that the said negro children, negro girl Easter and negro man Simon, remain in possession of Betsy Rutherford during her natural live, and at her death the before named children to have the sole right and title to them and their increase forever.

I give and bequeath to Betsy Rutherford my negro girl named Nancy, to her and her heirs forever.

It is my will and desire that all the rest of my Estate, both real and personal be sold to pay my just debts, and if there should not be a sufficiency to pay all debts, dues and demands, it is my will that my negro man Simon above named be sold to make up the deficiency.

And if there should be any left after paying my just debts, I give all the residue of my estate to Judy Smith the wife of Samuel B. Smith, to be given to here in such manner as my Executors hereafter named may think proper for the purpose of raising and supporting her children so as the said Samuel shall have no control over the same.

I will to my negro woman Charlott (that I have freed) one cow and calf for her support, also one sow and pigs to her own use.

I appoint Samuel Powel Executor to this my last Will and Testament, hereby revoking all former wills made by me, publishing this to be my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this sixth day of September, in the year of our Lord, one thousand eight hundred and fifteen.

James Breeden (seal)

Sealed, published and declared in presence of us:

Test. Sam Smith
Richard Mitchell
James [X] Sanders (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.