Will Book ___, Page 171

Know all men by these presents that I, John Ellis, Sr. of Hawkins Co., Tennessee, being of sound mind & memory but taking into consideration the uncertainty of human life & being desirous to settle my worldly affairs, do ordain & establish this my last Will & Testament.

Imprimis. I give and bequeath to my oldest daughter Joanna Ellis the following lot of land, being a part of the tract on which I now reside. Beginning at the old beginning corner on King‘s Old Line, a white oak and some gums. Then running with King‘s Old Line to the stage road, then along the stage road to within 52 poles of the middle of the passage between the two pins of the houses in which I reside to a stake in the middle of the stage road. Then square off at right angles to the road 30 poles to a stake, then 52 poles parallel with the stage road to a stake in the apple orchard, opposite the middle of the passage of my dwelling house, so as to include the row of apple trees, south of said line. Thence southwardly to include the kitchen, passing through the passage of the house to a stake in the middle of the stage road. Then along the stage road to the race or branch. Then along the race to the lower end of the meadow, then to include four acres off the lower end of the meadow. Then a straight line to the beginning, including a right of way and water to the spring I use & including a right to use the timber for firewood and repairs off any of the lands I now own.

To have and to hold during her natural life and at her death to be equally divided among the heirs of her body if any she have then living & in default of heirs of her own body, then to descent to my own right heirs, share and share alike.

I also give to her one horse beast to be worth one hundred collars, also two cows & calves & three beds & furniture which her mother gave & which she has since made, and also what she may make hereafter, also the cupboard & dairy and half the furniture in them. Also her chest & my own, also two pots & two ovens, one desk.

I also bequest to Joanna my negro boy George and my negro girl Francis.

In the second place, I will & bequeath to my daughter Betsey one horse beast & saddle to be worth one hundred and twenty dollars, two beds & furniture which her mother gave & what she has since made or may hereafter make for herself. Also one cow & calf & one heifer. Also my Mulatto girl Harriet, a slave for life. Also two pots and two ovens & one half of my cupboard furniture, also her chest. Also a Bureau, one book case. Also while she remains single she is to have the use of the west end of my swelling house & small room adjoining & the stale between the house & spring.

In the third place, I give and bequeath to my sons William and John as trustees in trust for the use and benefit of my daughter Nancy Fisher one tract of land where John Richardson lives amounting to one (100) hundred acres, or thereabouts, on the west end of the tract including the land in possession of Richardson, and one thousand dollars in money.

The trustees aforesaid are to loan out said money at interest on the best security or vest it in some safe stock yielding an annual or semi-annual interest & to collect and pay over annually the interest to her separate use and benefit during her life unless her husband James Fisher should die or be divorced from her before her death. In that event, the principal may be paid over to her if said trustees should deem it advisable,

but if she dies before Fisher and not divorced from him, then said one thousand dollars and interest shall pass to her heirs, if any. If none, then it is to be equally divided among my own right heirs.

The tract of land on which Richardson lives is to vest in my sons William and John, their heirs and assigns forever, in trust for the separate use and benefit of said daughter during her natural life, and at her death to the use of her heirs if any, and in default of her heirs then of my own right heirs.

During the intermarriage of my daughter Nancy & James Fisher the exclusive control of the land shall be vested in said trustees and the shall have full authority either to put it into the possession of my said daughter herself or to rent it out to some body else & pay over to her the annual rents as they may deem most for her advantage.

In the fourth place, I give & bequeath to my son John Ellis one cow & calf & one bed & furniture.

In the fifth place, it is my will and desire that all the rest of my real estate not otherwise disposed of be equally divided between my sons William, Guy & John and daughters Jane Burris & Betsey Ellis, share and share alike, to them & their heirs forever, and that Orville Bradley, William Hord and Philip S. Hale be commissioners and divide the land between them.

In the sixth place, it is my will that all my negroes and other personal Estate not otherwise disposed be sold and after the payment of all just claims against me, the legacy to Nancy Fisher‘s use, be equally divided between my sons William, Guy & John and daughters Jane Burris & Betsey Ellis, share and share alike to each.

It is my wish that my son, William Ellis, and my friend Phillip S. Hale be Executors of this my last Will & Testament.

In witness whereof I have hereunto set my hand and affixed my seal, This 6th day of June, 1840.

John Ellis (seal)

Witnesses present:

Orville Bradley
Wm. M. Alexander

Codicil to my will heretofore made, to wit, on the sixth of June, 1840 & witnessed by Wm. M. Alexander & Orville Bradley, said will is hereby confirmed in all particulars except as it is altered by this codicil.

It is my will that the following alterations and additions be made…

My daughter Joanna shall have the girl Mary instead of the boy George.

Instead of the land and bounds given her by said will on the north side of the stage road, she shall now have the whole of my house & yard & garden & three tows of the apple orchard joining thereto and instead of four acres at the lower end of my meadow, she is to have four acres at the upper end of said meadow.

I also will & bequeath her a piece of the land I bought of Wm. Ellis adjoining the land willed to her on the south side of the stage road, beginning on the stage road at or near a white oak near the new barn. Thence southwardly to include my turnip patch & Thence on the same course to C. McKinney‘s line & thence along said line to the lines of the land heretofore willed to her.

The land now willed is to be held in the same manner as that devised in my will of 1840.

Joanna shall also have the other bureau and my clock in the east room, and Betsey (is to have) the clock in the west room.

I hereby reduce my legacy by one thousand dollars given by my former will for the use of Nancy Fisher to Seven Hundred and fifty dollars.

I give to my son John Ellis in fee simple 45 acres of the land I bought of William Ellis, to be laid off adjoining the land given to Joanna, running from the stage road to McKinney‘s line to be bounded by parallel lines.

The balance of the land I bought of Wm Ellis lying between the tract devised to John Ellis & the lands of Orville Bradley, I will to my son Guy Ellis in fee simple. Given under my hand & seal this 24th day of July, 1843.

John Ellis (seal)

Witnesses Present:

Orville Bradley
Wm. M. Alexander

The following codicil I make to my will of 1840 & the aforesaid codicil, confirming them in all respects except as altered by this codicil:

It is my will that the following alterations be made in the devise of the Richardson Place to my daughter Fisher, viz: The line shall begin at the orchard to include the orchard and clover field fence. Then a straight line with the clover field fence to the new fence, then with the new fence a straight course to my back line & this to be the line between & whoever of my children may get the adjoining land, to be held in the same way & same uses as provided in my first will above named,

and her legacy of seven hundred and fifty dollars to be reduced to five hundred dollars to be held as vested, as provided for in my will aforesaid.

It is my will that my son John Ellis shall after the death of my daughter Joanna have the house I live in & the lots around it, on the north side of the road devised to said Joanna on the north side of the road, provided Joanna should die without heirs of her body. If Joanna leaves children the said house & lots to vest in them.

It is my will that my daughter Fisher shall have the separate use of & benefit of my black girl Sarah in the same way that I have given the land to her.

The said Sarah is therefore willed to my sons John & William as trustees to do with said slave and her increase in the same way as already provided in my will they are to do with the land.

Given under my hand & seal this 27th Feb’y, 1844.

John [X] Ellis (seal) (his mark)

Witnesses present:

O Bradley
Josephine A. Crauder

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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.