Will Book __, Page 31
March 5, 1803

In the Name of God, Amen.

I, Richard Byrd of the County of Hawkins and State of Tennessee South of the River Ohio, planter, being in and of imperfect health of body, but in and of perfect mind and memory, thanks be given unto God. Calling to mind the mortality of my (blank space), and knowing that it is once appointed for all men to die, do make and ordain this my last Will and Testament.

That is to say, principally and first of all, I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my Executor, nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God.

And, as touching such worldly estate wherewith it has pleased God to bless me in this live, I give, devise and dispose of the same in the following manner and form.

My three eldest sons, naming first, William Byrd, second, John Byrd, third, David Byrd. I also give to my son David Byrd 17s10s [as transcribed] in the form of his land, and two daughters, Jean McDaniel and Ann ___day and my two younger sons, Michael Byrd & Richard Byrd. I, Richard Byrd, do consider that they have equally received of my estate one hundred dollars each.

And I give and bequeath to my four younger children — two sons and two daughter[as transcribed]: first, Elizabeth Byrd, second, Mary Byrd, likewise, James Byrd and Charles Byrd, one hundred dollars a-piece as they come of age.

Also, I bequeath to Elizabeth, my dearly beloved wife all the remaining horses, cattle, sheep, hogs and slaves and household goods and movable effects, together with the land and plantation on which I now live containing 200 acres, to be by her freely possessed during the term of her widowhood, at the expiration of which time, or at her death, I will the said land to my two youngest sons, James and Charles Byrd — the plantation to be divided. The hollow the wagon road runs up shall be the line betwixt them.

The end of the land which I now live on I do will to my son Charles and the other and to my son James. If the title of the land stand good, or is mad [as transcribed] good by the substances of the place when they receive the said hundred dollars before mentioned and said land they are to have no part of the balance of the property: if the land is lost they are to have an equal part in the balance of the estate.

The slaves that I will to my wife during her life or widowhood, my will is that she shall give them at her decease to her children that she thinks will use them well, and they are to be valued and they that receive them is to pay up the value of them in good trade at cash price with reducing their own part out.

I say my will is that my five eldest sons and four daughters: William, John, David, Michael and Richard, Jane, Ann, Elizabeth and Mary shall have an equal part in my estate at the death of my wife, Elizabeth, that is left in her hands.

I also constitute, make and ordain my dearly beloved wife Elizabeth, and my son William Byrd the sole Executors of this my last Will and Testament, and I do hereby utterly disallow, revoke and dis-annul all and every other former testament, wills, legacies, bequeaths and Executors by me before named, willed and bequeathed — ratifying and confirming this and no other to b my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this 5th day of March in the year of our Lord, one Thousand eight hundred and three.

Richard Byrd (seal)

Signed, sealed and published, pronounced, declared by the said Richard Byrd as his last Will and Testament, in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names.

Test John Walker

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