From Transcriber Betty Mize:
Will Book 2, Page 9
Proven: August 27, 1865
See Circuit Court Minutes, Book 2, Page 417

From Transcriber in the group listed below:
Will Book ___, Page 197
Proven: 11 Aug 1865 (Minute Book page 41)

(blank spaces indicate unreadable words or letters)

I James Francisco of Hawkins County and State of Tennessee viewing the uncertainty of life and the certainty of death wishing to dispose of my Estate both real and personal in the manner that seems right and just, do make this my last will and Testament in writing, revoking all wills by me made before this date.

First – My wish and desire is that all my just debts be speedily paid with my burying expenses.

Secondly – I give to my daughter Phebe Adaline Vaughan, formerly P. A. Francisco a tract of land including the house and other buildings on said land. Lot No. 1 which will show by the Platt herein enclosed – the division line between Phebe and my son Jackson W. Francisco.

I give all my land on the north side of the stage road from the east of said division lines to P. A. Vaughan and her heirs containing one hundred eighty acres be the same more or less

also I give Phebe A. my daughter all of my household and kitchen furniture with my weaving loom except my cooking stove my beds and steads clocks cubboard and bureaus with all that is in my house and kitchen furniture and charge her seventy five dollars for the same, also she is to have a horse or fifty dollars that as she never had advanced to her when married she shall be charged advanced said property to the value of fifty dollars in the settlement of my estate that she ___ when married.

Thirdly – I give my son Jackson W. Francisco his heirs all my land west of division lines which more fully show by the Platt herein inclosed [sic] including the house where Jessy Cloud now lives on the south of the road. The house where Les King lives and the old Comfort houses containing two hundred and seventy acres be the same more or less, and charge them [him?] with the money for property advancements [advanced?] to them [him?] say five hundred dollars.

Fourthly – I give to my son William B. Francisco his heirs, three slaves Carson 45 years old a man, Lucy a woman 33 and her daughter Mary 16 years and charge for property advanced to him $100.00.

All of the above land and negros shall be valued by the following: Robert Cooper, Nathaniel Wells, Eldridge Hord, Joshua Phipps, Robert Netherland & Phillip Critz, and if any of the within named men should die or leave the country any two [three?] of them shall be sufficient and their valuation shall be final.  The lands to be valued and negros at cash valuation.

The land and production of each lot shall be valued and deductions made on each lot of four hundred dollars on account of their Mother is attached to said lots as they have divided their Mother’s land to take effect at my death which I have included in their deeds in this will.

I got two negroes by Jack and Adaline’s mother worth saying four hundred dollars each. After paying them each four hundred dollars my wish is for my executors to divide my estate among my three children agreeable to the valuation of the property and negroes, debts and what money if I have any on hand, the balance of my property and land shall be sold by my executors and the money divided equally among my three children shall and share alike.

I hereby empower my executors here after named to sell three shares I have in a tract of land in VA in Scott County to four hundred acres which be the same more or less which is a fourth of said tract of land including the calibeath [Chalybeate] spring which is undivided if I do not sell the same before I die and make a special warrantee deed of conveyance to the same either at public sale or private sale the same to be equally divided as heretofore.

My will is that if I have crops commenced that my family and stock shall be permitted to remain on the premises until the crops is all gathered that my son Jackson shall see that nothing shall be destroyed no more than can be helped.

The family shall remain as I was living until said crop shall be gathered and may be divided equally among my children thru a sale of the same and any property that I have not specially willed may be divided by my children as they so wish and can agree to the same without a sale.

My daughter P. A. Vaughan and her children she being an unfortunate person. I hereby agree that her and her children shall not be charged anything by my executors or by Jackson or Wm. B. Francisco for my raising, educating and keeping them or what money I have paid for their benefit as she agrees for us to be even and no charges to be made by either of us as my son Wm. B. has received the estate that came by the Burris‘ family I think it right and just that P. A. and Jackson shall have in value what their mother had at the time of our marriage.

I hereby appoint Robert Cooper and my son Jackson my Executors of this my last Will and Testament in writing.

My wish is that after my defraying all necessary expenses and pay for their services that they may divide my estate equally among my three children, agreeable to my directions herein set forth — that they keep a valuation of the land and negroes & return the same to court so that there may be a record of the same. a account of value of my other property and take a receipt from each child what they have rec’d.

I will injoin it in the same of my executors at my death to take an inventory of my property that is not specially willed and the same returned to Court.

In figuring this my last will and testament I have been influenced only by what I consider what is right & just. I wish my children to act like Brothers and Sisters and be friendly.

In testimony whereof I set my hand and affix my seal, Dec. 27th, 1855.

James Francisco (seal)

Signed and acknowledged before us:

Asa Hopkins
Joseph W. Clark
Charles [X] Murdock (his mark)
Jeremiah [X] Cloud (his mark)
Matthew Marcus Lynch
John P. Hamilton

Distribution

We, Robert Cooper, Phillip Critz & (E.) Hord appointed commissioners by the Will and Testament of Jas. Francisco, dec’d met this day at the house of s’d Jas. Francisco, dec’d, and have proceeded under the will to value the land, lot No. 2 as described in the will at $2,833.331/3 to J. W. Francisco, and lot No. 1 to Phebe Adaline Vaughan at $2,032.331/3, and five negroes: Carson at $350.00, Lucy at $333.331/3, and Mary and her children at $1,111.331/3 to W. B. Francisco.

Eld Hord, P. Critz, Rob’t Cooper

State of Tennessee )
Hawkins County )
Personally appeared before me, James Lackey, Clerk of the County Court of said County Jeremiah Cloud and Charles Murdock subscribing witnesses to the foregoing agreement, who being duly sworn according to law depose and say that they are personally acquainted with Phebe A. Vaughan and Jackson W. Francisco the makers thereof and heard them severally acknowledge the same to be their act and deed for the purposes therein contained. Witness my hand at office the 7th day of August, 1865.
James Lackey, Clk
By J. H. Vance, D. Clk.

Transcribed by Betty Mize.

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