Will Book __, Page 29
April 23, 1799

In the Name of God, Amen.

I, Ebenezer Brooks, late of the County of Washington in the State of Virginia, now of the county of Hawkins in the State of Tennessee, being in a lingering state of health, but of sound mind and memory, to provide against that mortality to which we are all liable and by which I am now particularly threatened, do ordain this to be my last Will and Testament, confiding in the unbounded goodness of God and the certain foundation of Christian hope, I commend my soul to the keeping of my Heavenly Father, hoping to obtain a Resurrection among the just.

Should my present disease put a period to my earthly abode, I commit my body to the care of my trusty friends David Caldwell and James Caldwell, to be by them decently buried at New Providence Meeting House.

To defray the expenses of which I leave to them ten dollars in cash at John Campbell in Washington County, Va. and notes payable on demand now in my possession, but should that not be sufficient, I leave my mare and colt now at John Campbell’s and my riding horse for that purpose, and also such other property as I have in Washington County, Virginia, or in Hawkins County, Tennessee.

But should what cash I have and my debts be sufficient to defray my funeral expenses and charges, then I will and bequeath my riding horse to David Cunningham, eldest son of said John, my mare to his daughter Polly, and the colt to his daughter Betsy.

I will and bequeath to my friend and cousin, William Montgomery of Sumner County, Tennessee, and to his heirs forever all my landed property and claims following, to wit: A tract of land containing 900 acres be between Silver and Paint Lick Creeks, one other tract containing 1,000 acres on the waters of Station Camp Creek above Boonsborough, one other tract containing 4,812 acres on Cabbin Creek, all lying in the State of Kentucky. Also one other tract of land containing 640 acres on Little Harpath, both on the waters of the Cumberland River in Tennessee: also, a military claim of 500 acres on Little Miami, part of the claim of Col. Joseph Crockets in the State of Kentucky, to the sole use and behoof of the said William Montgomery and his heirs forever, yet with this reservation and on the condition that should William Montgomery recover my lands in the State of Kentucky and my two tracts in the State of Tennessee, that then he should pay unto my half sister Jean Davis of Washington County in the State of Delaware $1,575.00, if she shall require it, but should he only obtain possession of the two tracts in the State of Tennessee, he is only to pay her $1,000.00. But if my said sister Jean is dead, or should die before this will is carried into execution after my death, or should not require of William Montgomery the above specified legacy, then, and in that case, that said William Montgomery is to have the fee simple estate in the above mentioned lands without any reservation to my sister (Jean), or condition whatever.

I will and direct that the money arising from my two Manuscripts, the one–A Reply to Paines Age of Reason, the other, A Treatise on Stenography, be applied to the use of my sister if living. If not, I will them (the proceeds) to William Montgomery.

Should the provision I have made for my funeral expenses be insufficient, I will that William Montgomery settle and pay the balance and the value of the legacies to the person to whom they are bequeathed. Also, that he erect over my grave at New Providence a decent tombstone.

I empower and authorize John Campbell of Washington County, Virginia to settle my estate in that county and David Caldwell of Hawkins County, Tennessee to settle my affairs in the counties of Sullivan and Hawkins, and do hereby nominate and appoint my friend and cousin William Montgomery Executor of this my last Will and Testament, hereby revoking all other wills by me made and declaring this to be my last Will and Testament.

In testimony whereof I have hereunto set my hand and seal this twenty third day of April, in the year of our Lord, one thousand seven hundred and ninety- nine.

Ebenezer Brooks (seal)

Signed, sealed and acknowledged in the presence of us who in the presence of the Testator and at his request signed our names as witnesses thereto.

John Campbell
Baker Armstrong (Jurat)
David Caldwell (Jurat)
David Campbell, Jun’r.

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