Book __, Page 118

In the Name of God, Amen.

I, Daniel Carmichael, being of sound and disposing mind, though feeble in body do make and ordain this my last Will and Testament, revoking all others that I may heretofore have made.

First. To my beloved wife, I will and bequeath my landed Estate, with the exception of one small tract containing about 30 acres of cleared land and 10 acres of timbered land adjoining John A. McKinney’s, being a part of the tract on which Mrs. Kenner lived, on the right hand side of the Dodson Ford Road, which said tract of 40 acres I give to my trusty old servant Dick during his natural life on condition he keep an orderly house at all times.

Sec’d. To my beloved wife, I will all my slaves during her widowhood with the exception of Dick whom I wish liberated at my death, and with the exception also of a boy named Joe whom I have given to my nephew James Ayres and also a boy named Hilyon 12 or 13 years old whom I wish to be sold to assist in paying my debts.

Third. At my wife’s death, or whenever she marries again, it is my will that all my slaves that I have willed to her be emancipated immediately.

Fourth. At my wife’s death, it is my will that Hamilton Carmichael, son of Fanny Moore, whom I believe to be my son, although not born in lawful [?] should have all my real estate, but provided Hamilton Carmichael dies before my wife, then it is my will that my landed estate be divided into two equal parts — one half of which is to be at the disposal of my wife, the other half to be equally divided between my two nephews, James Ayers and Pleasant Carmichael, son of James Carmichael.

It is expressly my will that my two nephews should not have possession of the said land until after my wife’s death.

I have agreed with my wife, and I hereby bind myself to fulfill said agreement that if she should die before I do, and if I should re-marry, the three slaves that I have willed to my wife are to be liberated.

All my money and drafts in the hands of John Blevins amounting to over $4,000.00 are to be appropriated to payment of my just debts, and if there should be a deficit, then enough of my personal property be sold to pay all my debts.

All my personal property, after paying my debts, I will to my wife without reserve. In witness whereof I have hereunto set my hand and seal This 28th day of May, 1848.

Daniel Carmichael

(witnesses)

Sarah A. Savage
Matilda L. Shields
George Savage
Wm. W. Shields

It is my will that Absalom Kyle sen’r and James K. Neal be appointed by the Court Executors without requiring them to give security.

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