Will Book __, Page 154
Proven: Feb. & Mar. 1853

I, William S. Dickson of Hawkins County and State of Tennessee, do make and publish this my last Will and Testament, hereby revoking and annulling all former wills by me made.

1st. My Executor to be hereinafter appointed shall so soon as it can be done after my death, proceed to collect the debts and claims due me, and out of the proceeds thereof first pay and discharge all my debts and liabilities that may be outstanding at my death, as well as all the expenses incident to my last illness, burial &c, and secondly, to pay (after retaining his compensation for his services) the balance of the fund so to be collected by him over to the Guardian of my children, to be hereinafter appointed.

2nd. It is my will and desire that my wife, Jane S. Dickson, shall be comfortably provided for, and so situated as that she may be able without burthen to raise, support and clothe my children. I therefore give to my wife Jane S. the entire personal property of which I may die possessed of every description whatever, including my horses, hogs, cattle, household and kitchen furniture, farming utensils, carriages, &c, and all other personalty (except my negroes, cash, chose in action, notes and accounts due me), to be her absolute property to dispose of as she may deem proper.

I give and bequeath to my wife two negro women, Polly and Nicey, to have and to hold as her absolute property, to dispose of as she may deem proper.

I also give to my wife for and during her lifetime the farm on which I now live at Mooresburg, Hawkins County, together with the store house and lot, and all other real estate of which I may die possessed, in and around Mooresburg, Hawkins County, Tennessee.

And at her, death, it is my will that said Real Estate be disposed of as hereinafter directed.

I furthermore give and bequeath unto my wife during her life or widowhood the possession and services of my two negro boys Houston and Nelson to enable her to carry on the farming business for the support of herself and children. But should my wife Jane S. marry, then it is my will and desire that the Guardian of my children to be hereinafter appointed shall take possession and control of said negro boys Houston and Nelson and hire them out as hereinafter directed for the benefit of my children.

3rd. I have now at the date of the preparation of this my will, two children, a son named William S. and a daughter named Eliza D. and my wife is now Enscient and looking forward to birth of a third child which, if in the Providence of God it shall be born alive (whether before or after my death) shall in all respects be equal with my other two children, and in all expressions throughout this my last Will & Testament where the word “children” is used, it is intended to embrace as well such third child (should one be born & live) as my two children now living.

4th. As one of the negro women hereinbefore willed to my wife is at this time afflicted with rheumatism and it is uncertain whether she will recover or not, so as to be servicable to my wife, and as it is my purpose so to provide for my wife as to render it right and proper for me to charge her said bequest & devises with the support and maintenance of my children free of charge.

It is my will and desire, and I hereby direct the Guardian of my children to be hereinafter appointed to set apart of the funds to be paid into his hands for the use of my children, the sum of Eight hundred dollars which he shall loan at interest and the interest yearly arising therefrom he shall pay over to my wife as an additional provision for her to better support herself and children, which yearly payment Guardian shall continue to make until said negro Nicey shall die or become incapacitated by disease from labor, in which event to wit:

the death or inability of s’d Nicey it is my will and desire and I hereby direct, empower and require the Guardian to purchase a negro woman with the Eight hundred dollars so set apart of the funds of my children which negro girl so purchased be permitted to serve my wife free of hire during her natural life, and at her death, s’d negro woman with all her increase shall belong to my children and shall be disposed of by said Guardian as hereinafter directed.

And it is expressly directed that if the contingency arises on which said girl is to be purchased then the yearly payment of the sum accruing as interest on Eight hundred dollars shall cease, but should said contingency not happen, then said Guardian shall keep said sum funded until my children all come of age, at which period Guardian may call in said sum and distribute the same among my children provided they secure to their mother the annual payment of interest on Eight hundred dollars,

and should my children refuse to secure the payment of said sum, then the Guardian shall continue said fund at interest as before directed and pay the interest to my wife as it is my purpose will and desire that my wife shall during her natural life have paid to her yearly the interest arising on Eight hundred dollars, unless it becomes necessary to purchase another slave, in which event she shall have the service of said slave free from hire during her natural life.

5th. In consideration of the ample provision made for the comfort and support of my wife (having a due regard to my circumstances & condition), it is my will and desire that she shall keep my children together, support, clothe and maintain them free of charge, and I hereby declare the support and maintenance of my children to be and constitute a charge and lien on the devises and bequest herein made to my wife. By the word “clothe” as used in the above clause, is intended to be comfortable, everyday clothing and not extra clothing.

6th. I give and devise unto my children the fee simple Estate and remainder interest in the farm, store house and other real estate in and adjoining Mooresburg that I have in the second clause of this will devised to my wife for life, hereby declaring it to be my will and desire that my children shall have said real estate as Tenants in Common, subject to be partitioned or sold at the death of my wife, and after my eldest child shall become of age as in the opinion of the Guardian aided by the direction of the Chancery Court upon an application. made for that purpose..shall be deemed best, should my wife die and my oldest child require severance of possession of said real estate before my youngest child shall become of age.

7th. I give and bequeath unto my children (subject to rights of my wife in the second clause of this will) my two negro boys Houston and Nelson, and as it is now impossible for me to foresee the exegencies that may arise, whether all my children shall be alive at the death or marriage of my wife, or when my youngest child shall become of age, I must therefore give to the Guardian of my children (to be herein after appointed) full power and discretion to act as his judgement may direct, keeping in view the interest of my children.

It is my desire that one of my children shall each own each of said boys provided they shall remain as honest and faithful as slaves as they now are.

But should either of them become dishonest, get to drinking ardent spirits to excess, or otherwise become unruly and valueless as slaves, the Guardian is empowered to sell them wither at public or private sale, to the best interest of my children.

If said slaves prove faithful and no necessity arises compelling (their) sale, on the death or marriage of my wife and coming of age of my youngest child, the Guardian, if there be more of my children alive that there are slaves, (to) put said slaves up to be bid for by my children alone, and the highest bidder shall have the slaves conveyed to them, her or him, and the aggregate amount thus bid for the slaves or slave shall be divided into as many equal parts as there are children alive, and the purchaser or purchasers shall pay to the child or children that does not get a slave his, her or their equal portion of the value of slave/slaves.

8th. I am the owner of ten shares of the Capitol stock of the E. Tennessee and Virginia Rail Road Company, several calls upon which I have paid. I give and bequeath to my children as Tenants in Common, or joint owners said ten shares in the Capitol stock in said Company.

And I will and direct that the Guardian of my children out of the funds willed and given to them pay all the calls regularly as they may be made upon said Capitol stock.

9th. I am the owner of two half-acre lots in the town of Greenville, one on each side and both adjoining the lot conveyed by me to my sister Margaret Irvin, wife of David Irvin now lives.

I devise said lots to the Guardian of my children in trust for the following uses I have agreed with Margaret Irvin and her husband that if David Irvin will pay the Guardian ten dollars annually for eight years, then the lots will be conveyed to Margaret Irvin and her children in fee.

I therefore direct and empower said Guardian (to be appointed) to convey said lots in pursuance of said agreement, provided said payments of ten dollars per year are regularly made. Said payments to be made on the first day of Jan. each and every year, and if not punctually paid to bear interest from and after the day of payment.

10th. I am also the owner of a house and lot in the town of Greenville on the southeast side of town and adjoining the lands of John Dickson, being the house in which my sister Isabella Enart now lives, and in which my father formerly lived, which house and lot it is my will and desire that my sister Isabella Enart, shall be permitted to occupy for three years should she desire to do so, free of tent, and at the end of said term of three years or whenever my sister shall surrender the possession thereof, should she desire to do so before the expiration of three years, it is my will and desire that said house and lot shall by the Guardian of my children be sold at public sale to the highest bidder on a credit of one and two years, taking bond and security for the purchase money.

11th. I am at this time engaged in merchandising, in partnership with William McFarland at Spring Vale, Jefferson County, Tenn., which partnership does not expire until about the ___ day of June 1855. As said, business is believed to be prosperous and as I have the utmost confidence in my partner, it is my will that business shall continue if partner is willing, until expiration of the partnership for benefit of my children to whom I beqeth my entire interest in said partnership business.

12th. I hereby nominate and appoint Robert M. Barton, Esq. the Guardian of my children, and vest in him all the rights and powers necessary for him to carry out fully every bequest herein before or hereinafter made, or to be made.

He is hereby authorized to make such disposition of their slaves hereinbefore willed to them as in his judgment he may decree necessary, and should said Robert M. Barton, Esq. from any cause find it necessary to renounce his guardianship, he is hereby authorized to resign said trust to the Chancery Court, who shall be empowered under the direction of said Court to discharge all the trusts and perform all the duties by this my last will required to be performed and discharged by my friend Robert M. Barton, Esq. whom I have chosen as the Guardian of my children, and to the end that the provisions of the Eleventh clause of this will may be fully carried out, said Guardian is fully empowered to make settlements with my partner and to require of him Exhibits of the business.

He may at his discretion, by the consent of the partner, draw out before the expiration of the business whatever profits may be made.

13th. As I do not wish to involve my friend who I have chosen as Guardian of my children, it is my will that if any misfortune should befall the partnership business after my death, Robert M. Barton, Esq. shall not be liable on account thereof, nor be required to give security for or on account of partnership business, or any of the other trusts imposed upon him, nor shall he be accountable for any loss sustained by reason of any of said trust, other than such as may arise from gross negligence or fraud on part of the Guardian.

14th. I furthermore declare it to be my will that said Robert M. Barton, Esq. as Guardian of my children shall [share in] the management and control of their education in connection with their mother.

That he shall out of their funds provide for said additional clothing (other than the clothing required by this will to be furnished by my wife), as in his judgement is suitable to their state and condition in society.

15th. By the first clause of this will I direct my Executor to collect all debts &c due me. I hereby declare and direct that all claims of whatever character due the firm of McFarland & Dickson, in the Eleventh clause of this will mentioned shall be excepted out of the operation of said first clause, as it is my will and desire that said partnership business shall be exclusively under the management and control of the children’s Guardian.

16th. If in the opinion of the Guardian it will be to the interest of my children to continue said mercantile business, said Guardian is hereby fully authorized to continue said business for such length of time as he may think best, under the same terms as are specified in the present Article of Partnership.

17th. I hereby constitute and appoint my friend James Etter, Executor of this my last Will and Testament.

18th. If under this Will it becomes necessary for the Guardian of my children to purchase a negro woman, then at the death of my wife, it is my will and desire that said negro and her increase shall be disposed of for the benefit of my children, or divided among them, as I have in the Seventh Clause of this Will directed the slaves Houston and Nelson to be disposed of or divided.

Note the words “bequeath” on the first page, “on” on the fourth page were interlined, and the words “she paying the losses thereon” were erased before the signing of the Will.

In witness whereof I have hereunto set my hand and seal. This 1st day of November, 1852.

William S. Dickson (seal)

Signed, sealed and acknowledged in the presence of us, the subscribing witnesses who were called upon and requested by said William S. Dickson, the Testator, to witness the attestation of this his last Will and Testament which is written on the nine foregoing pages. Witness This the 1st day of November, 1852.

John B. Logan
Felix G. Moore

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