Will Book ___, Page 193

I Nicholas Fain of the County of Hawkins and State of Tennessee do hereby make and publish this as my last Will and Testament, hereby revoking and making void all other wills by me heretofore made.

First. I direct that my funeral expenses and all my debts be paid as soon after my death as possible, out of any money I may die possessed of, or that may first come into the hands of my Executors.

Secondly. I will and bequeath to my wife Elizabeth my negro woman Polly, also one half of my household and kitchen furniture, excepting my secretary and book case, also a good riding horse, saddle and bridle.

Thirdly. It is my will and desire that the portraits of myself and my wife Elizabeth, painted by Samuel Shaver be the property of Elizabeth until her death, after which they shall belong to my son Richard G. Fain and his wife Elizabeth R. Fain.

Fourthly. It is my will and desire that my Executors hereinafter named shall pay to my wife Elizabeth nine hundred dollars in cash provided she will receive the same in lieu of her dower.

Fifthly. I will and Bequeath to my son Hiram Fain my silver patent lever watch.

Sixthly. It is my will and desire that my Executors pay to my son Richard G. Fain three hundred dollars in cash to indemnify him for putting up a more costly dwelling house than was at first contemplated, on that part of my tract of land leased by me to him, and also to indemnify him for his part of a supposed loss sustained by the firm of T. G. Fain & Co. on account of the debts sold and transferred by me to the firm.

Seventhly. I will and bequeath to my son John H. Fain my negro man Alexander, usually called “Ellick“, a blacksmith by trade, to be hired out by my Executors for the benefit of my said son John and the hire to be paid to him semi-annually,

and my said Executors are hereby authorized to sell said negro man Ellick with the consent of my son John if they shall consider it advisable to do so, and the proceeds of said sale shall remain in the hands of my Executors and be subject to their control as a trust fund for the benefit of my son John, to be kept regularly loaned out at interest in safe hands, and the interest paid semi-annually to my son John H. Fain.

Eighthly. It is my will and desire that my Executors pay the sum of one hundred and fifty dollars to my son George G. Fain to indemnify him for his part of a supposed loss sustained by the firm of T. G. Fain & Company on account of the debts sold and transferred to said firm, also to son George all of my law books.

Ninthly. It is my will and desire that all the residue of my property of every description, both real and personal, not hereinbefore specifically bequeathed or disposed of, shall be equally divided share and share alike between my wife Elizabeth and my six children (to wit): Hiram Fain, Nancy McCarty, Richard G. Fain, John H. Fain, Eliza Ruth Powel and George G. Fain,

and in making this last mentioned distribution of my property among my wife and children, each one of my said children shall account for all advances heretofore made by me to them respectively, without interest thereon, which advances were specifically set forth in my hand writing, in a red Morocco memorandum book with my name printed in gilt letters on the side thereof,

and with said distribution my sons Richard G. and George G. Fain who constituted the firm of T. G. Fain & Company shall account for the balance that may be due at my death on a note which I hold on the firm of T. G. Fain & Company,

also the balance that may be due me at my death on a note held by me on George R. Powell, shall be accounted for in adjusting or settling the distributive share as above set forth to my daughter Eliza Ruth Powell,

also the balance that may be due at my death on a judgement in the Circuit Court of Hawkins County in favor of T. G. Fain & Company against James R. McCarty and transferred to me by R. G. Fain & Company, shall in like manner be accounted for in adjusting or selling the distributive share as set forth above to my daughter Nancy McCarty,

and it is also my will and desire that the interest on the two above last mentioned notes and also the interest on the above mentioned judgement shall cease at my death.

I hereby constitute and appoint my two sons Hiram Fain and Richard G. Fain Executors of this my last Will and Testament.

And I do hereby fully authorize and empower my said Executors to sell or dispose of at public or private sale, either the whole or any part of the property not herein before specifically bequeathed or disposed of, and to make all needful transfers or conveyances therefor, provided they shall in their discretion consider that such sale will be for the interest of the distributees and will facilitate a fair distribution and speedy settlement of my estate.

Lastly. It is my will and desire that in the general distribution of my property herein before set forth in the Ninth item, whatever distributive share shall fall to my daughter Nancy McCarty or to my son John H. Fain, shall be deemed and held in the hands of my Executors as a trust fund for the benefit of said distributees during their natural lives, the interest or profits of which shall be paid to them respectively semi-annually, and at their death their respective distributive shares shall be equally divided among their legal heirs.

And if my son John H. Fain should die without legal heirs, it is my will and desire that in that event his distributive share as herein before set forth shall be equally divided among his brothers and sisters or their heirs.

And in case of the death or removal of my said Executors, or their refusal to take upon themselves the execution of the trusts above set forth, or the trusts set forth in the Seventh item hereof, then and in that case, it is my will and desire that the Chancellor of the Chancery Court of the District including the County of Hawkins shall appoint a Trustee who shall enter into bond with security to be approved by the Chancellor for the faithful execution of said trust.

The word “dollars” in the twentieth line and the word “three” in the twenty-fifth line, both on the first page, interlined before signing.

In testimony whereof I have hereunto subscribed my name and affixed my seal. This 24th day of June, 1849.

N. Fain (seal)

Signed by Nicholas Fain the Testator in the presence of us, who in his presence have subscribed our names as witnesses.

S. D. Mitchell
Sam Powel

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