Book 2, Page 33
Proven: June 3, 1867

(blank spaces indicate unreadable words or letters)

I James M. Bussell of the County of Hawkins State of Tennessee being in a weak state of bodily health but claiming to be of sound mind and memory do hereby make and publish this my last will and testament revoking all other will by me made.

1st It is my request that my funeral expenses and all my just debts to be paid by my executor as soon after my death as possible then expenses to be paid out of my personal estate.

2nd – It is my desire that there be no public sale of my personal property but that my executor shall dispose of any of the same provided for the use herein provided.

And I do hereby bequeath unto my wife and widow Amanda Bussell one horse and one mule, one ___ __ ___ and the other live stock I may die possessed of also all the furniture and beds and housekeeping article I may leave in the house or kitchen articles also my farming implements consisting of a wagon, ___ harness and mill half a corn mill with crusher and all the articles of husbandry I may have, also all the stock of bacon, grain and provisions for either man or beast on hand also all the growing crops now standing or that may be growing on my lands at the time of my death with any money or debts due me at my death to be hers absolutely but out of this property so bequeathed she my said wife and widow must pay off such liabilities as I here before named, and also keep together my children that shall be under twenty one years of age who I expect to give the uses, comforts and enjoyments of the same as they now have in my lifetime and if there should be any other articles of personal property that ought of right belong to my estate at the time of my death the same I intend to go to my said wife, subject to the incumbrance, and the bequest embracing all of my personal estate. I now proceed to dispose of my real property thus:

3rd – My tract of land lying on Holston River whereon I at this date reside adjoining the lands of James Miller and others containing one hundred and fifty acres according to the title papers be the same more or less together with all improvements and freehold attachments thereunto belonging I give and bequeath to my said wife and widow Amanda Bussell should she survive me, with these conditions restrictions and incumbrances to with: my said widow shall keep together my family of children until they shall all be twenty one years of age, board, cloth, and educate them so far and to such an extent as she can manage herself able to do, and then of age who may wish to stay at home I desire she shall let them do so, upon reasonable terms with this simple incumbrance just so long as she remains my widow.

The land and houses to above named together with all she can raise in the way of crops, or that may grow apart same shall be her own rights and property, but in the event of her death then my land here bequeathed to my said wife is to be divided in equal value to my surviving children, but in the event of my said wife and widow should again marry and be no longer my widow, then she shall pay over to my son John S. Bussell five hundred dollars and to my son William R. Bussell five hundred dollars and to my daughter Sarah S. Bussell five hundred dollars and to my son Calvin P. Bussell five hundred dollars and to my daughter Mary Emily Bussell five hundred dollars and to my daughter Eliza C. Bussell five hundred dollars, and to my daughter Rachel R. Bussell five hundred dollars. These sums shall be paid to each child or surviving heir of each that may die, the living ones to take equal parts what the deceased was intitled to and in the event my wife shall marry it that should occur and with lawful rites after one year from the date of such marriage and in the event the sum of money was not all satisfactorily paid to any of them surviving as before mentioned then the bequest of my real property so made to my said wife and widow shall because of the nonpayment then of ___ as to her and in lieu of said sums of money

— It is my desire.

It is my desire that they or them living ones shall in equal value have absolutely all my said real property instead of my said widow and that she yield possession to my said children at once of every parts and all the for held property bequeathed as aforesaid, but in the event my said wife shall remain my widow during her natural life my widow and shall not again marry in that case she is to enjoy the bequest of my real estate bequeath aforesaid till her death and then after her death I desire all my surviving children aforementioned to have all of said tract of land to be distributed thus equally. And I wish it understood that the bequest of said land to my said wife is not absolute but rests on the contingencies I have named intending simply that she shall have the use of it together with my children upon the conditions I have named and that after her death the title in full shall invest in my said children then living.

4th – In regard to any property either real or personal or mixed that may descend to me at the death of my mother, from either her estate or my father’s estate either by will or otherwise, I desire my executor shall question my children then of age in regard to their wishes as to the sale of the same and if agreeable my executor is hereby authorized and empowered to sell the same and execute a deed to the purchaser, or my executor can hold the same in trust until a good price is obtained for said property the proceeds all said property shall be paid to my aforementioned children then surviving equally share and share alike.

5th – If I have failed to name any species of property belonging to the farm upon which I live, I intend my property to go to my said wife as stated in the first item. And all other property if I here failed to specify that of rights fall to me or belong to me, the same shall be used my executor for the benefits of my children equally or sold and divided in they think best.

I do hereby nominate and appoint my beloved wife Amanda Bussell my said Executrix and carry out the provisions of this my last will and testament and it is my desire that she enter upon the duties of her office, without giving any security, but in case of her mismanagement at any time thereafter anyone of my children who are of age may upon proper notice rule her to security.

In testimony of which I have this in presence of the subscribing witnesses hereunto set my hand and seal on this 4th day of April 1867.

James M. Bussell (Seal)

Signed and Sealed in our presence who being so requested by said James M. Bussell as witnesses:

James F. Miller
Rell Sensabaugh
John Mitchel

Proved by the oaths of James F. Miller and Rell Sensabaugh

Transcribed by Betty Mize