Will Book ___, Page 183

In the Name of the Father, Son and Holy Ghost, three persons but one God,

I James Forgey of the County of Hawkins and State of Tennessee, calling to mind the certainty of death and yet the uncertainty of the time when, do make and ordain this my last Will and Testament in the words following, Viz:

After commending my soul to God and my body to the dust to be buried in a decent Christian manner, hoping they will again be united at the general resurrection, and enjoy a glorious immortality,

I proceed to dispose of my worldly goods and chattels that God has blessed me with in the following manner Viz:

I allow all my just debts to be paid out of my movable property.

Item. I leave the use of the plantation I live on and my household furniture of every description to my beloved wife Margaret during her life.

And the household furniture to be disposed of at her discretion,

and at her decease I leave my said plantation to my son James Reynolds, together with the appurtenances, stock of all kind and farming utensils,

except the lower end of the farm where I settled my daughter Polly on and her husband Dickerson Thurmon. Beginning on a hickory on or near Jacob Miller‘s line which had a block chopped out of it some time past and which stands in a hollow opposite the middle of the field we call the Forty Acre field, then running straight across the Forty Acre field so as to include half of said field. Thence in the same direction to Jacob Miller‘s line on to the top of the ridge, all the land on the west side of above described line I bequeath to my daughter Polly and her heirs.

Item 3. I give to my daughter Rachael a lot of land joining to the one I gave to Polly. Beginning on Miller‘s line on the south side of the Forty Acre field on the same hickory that Polly‘s began on and running east with Miller‘s line to an ash and sassafrass, each of them has three chops of a tomahawk and stand on the east side of a wet weather branch and on the south side of a little field we call the Wet Patch and running from thence thru said wet patch and across the road to the cross fence on east side of the old clover field, then with the course of said fence to the top of the ridge, all of the land west of said line and east of Polly‘s line I give and bequeath unto my daughter Rachael.

I also give and bequeath to my daughter Rachael all the land that I own on the east side of the creek where I live joining Lijah Kincheloe, Thos Coldwell and David Laughmiller with the appurtenances.

I also give and bequeath to my daughter Rachael a little yellow boy name Tom going on one year old.

I also allow my daughter Rachael a good horse.

Item 4. I give and bequeath to the heirs of my daughter Ellen to be enjoyed by her during her life time and then to her heirs in fee simple forever, the lot of land lying on the south side of Holston River containing 73 acres or thereabouts, being the land that I bought of John Coldwell some years ago for $800.00,

also 100 acres I entered joining it and Square William Armstrong‘s land on the lower side of the creek,

and likewise, the 50 acres I bought of William Elzy on the lower side of the creek.

Item 5. I give and bequeath to my daughter Matilda one other lot of land joining above the one before described conveyed to me by Joseph Woods containing three or four acres,

likewise one lot of one acre, a mill seat.

I also bequeath to my daughter Matilda one little yellow girl named Sarah about three years old.

I also allow Matilda to have a good horse.

Item 6. I give and bequeath to my daughter Betsy and her husband John Harlan one other lot of land joining still above which I bought of Soloman Walters and joining to John Lyon‘s land, containing 64 or 65 acres with an equal share of what upland I own in the upper or east side of Terrels Creek.

Item 7. I give and bequeath to my two grand daughters Eliza and Malvinia Rogers the 160 acres of land I bought of Alexander M. Broom lying in Illinois, also the 160 acres of land I bought of Thomas Bray lying in Missouri or Ark., and each of them to have an equal interest in both.

Item 8. I request my son James to give to my grandson John Rogers a tolerable good horse, saddle and bridle, say worth sixty or seventy dollars.

Item 9. All the up land that has not been named in the above items that I own on the south side of Holston River I wish to be divided between Matilda and Betsy.

Item 10. I leave my yellow boy Joseph and his wife Peggy to my beloved wife during her life, and at her decease for them and their issue to be equally divided amongst my daughters,

and it is my request that James would keep them at a moderate price and for them not (to be) separated themselves, but their children may be divided between the girls.

Item 11. All the land that I own on this side of Holston River that has not been disposed of in any of the above items I leave to my son James at the decease of my beloved wife.

And I do hereby appoint my said beloved wife Margaret and my said son James Reynolds Executors…of this my last Will and Testament.

In testimony whereof I have hereunto set my hand and seal This thirteenth day of May, in the year of our Lord one thousand eight hundred and thirty one.

N.B. The word “plantation” and the words “I leave my said plantation” on first page were interlined before signing.

James Forgey (Seal)

Signed, sealed, published and declared by the said James Forgey to be his last Will and Testament in the presence of us:

S. Powel
William Lyons
Thomas Coldwell

Codicil to the last Will and Testament of James Forgey.

Whereas I James Forgey of the County of Hawkins and State of Tennessee did make and execute my last Will & Testament bearing date of 13 May 1831, and still remaining of sound disposing mind for which I do thank Almighty God for his kind favor bestowed on me, and wishing to alter and amend said will in the following particulars:

1st. It is my will that instead of my debts being paid out of my movable property that they be paid by my son James Reynolds Forgey except as hereafter excepted.

I consider the land I willed to him of more value than any other lot.

2nd. It is my will that the lots devised by my will to my daughter Polly‘s heirs, my daughter Rachael, and my son James R. run no further north nor out of the land I purchased of James Hagan except as hereinafter described. That is, all the land that I own lying north and west of said tract purchased of Hagan to be equally divided between the three according to quality and quality [as transcribed].

3rd. It is my will that the land I purchased of John Coldwell, Soloman Walters and Elijah Kincheloe, lying on the south side of Holston River and not included in what is know as low ground or river lots that is all the land that I own back of the river lots to be divided equally between my three daughters, Ellen Rogers, Matilda Miller and Betsy Horton agreeable to quality and quantity, to be laid off that their back lands will join their river lots.

4th. It is my will that at the decease of my beloved wife, my boy Jo [as transcribed] have the choice of a master amongst my children for himself and wife.

Said negroes to be valued at a moderate price to whomsoever of my children Jo [as transcribed] may choose to live with, and their value to be equally divided between my daughters Ellen, Matilda, Betsy and Rachael and the children of my daughter Polly dec’d.

Polly‘s children together to have an equal share with my daughters,

but if I should hereafter contract debts the proceeds of said negroes Alsy & Robert be disposed of as follows: Alsy to son-in-law John Harlon [as transcribed] and Cornelius C. Miller in trust for my daughter Ellen during her life;

my daughter to have the use of and control over her during her life and at her death said negro to go to her heirs.

I will and bequeth the said boy Robert to my daughter Betsy.

5th. It is my will that my two small negroes Alsy & Robert be disposed of as follows: Alsy to son-in-law John Harlon [as transcribed] and Cornelius C. Miller in trust for my daughter Ellen during her life;

my daughter to have the use of and control over her during her life and at her death said negro to go to her heirs.

I will and bequeth the said boy Robert to my daughter Betsy.

6th. In addition to what I have already bequeathed to my son James, I bequeath to him at the decease of my beloved wife all the personal property that my be then on hand and not disposed of by my (earlier) [as transcribed] will and this codicil.

In testimony whereof I have herewith set my hand and seal This 29th day of August, 1834.

James Forgey (seal)

Signed, sealed, published & declared by the said James Forgey to be a codicil to his last Will and Testament.

S. Powel
Geo. R. Powel
Thomas Coldwell

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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.