Will Book __, Page 211

I, James Taylor Gaines of the County of Hawkins and State of Tennessee being weak in body but in sound mind & memory meditating on the uncertainty of human events ordain & desire this to be my last Will & testament – first giving up to Almighty God my soul & body the giver & maker of it.

1st. It is my wish & desire that the tract of land whereon I now live with all the lands adjoining the same, purchased of Joseph McMinn and my part of an undivided tract granted to David Kinkead be sold on condition (that) $8,000.00 can be had for them and do hereby authorize my Executrix and Executors hereinafter named to convey the same to any person or persons that may pay that amt. for the same or secure the payment for that amt. for the same & subject to the following conditions, to wit:

I wish my Father and Mother to reside in the house where they now live or in the house at the head of the Spring where James Childress lately resided at their option & to hold during their natural lives with the following premises the upper field or field above the branch with the boat yard field as low down as the first drain that empties into the river from the long ditch with the orchard field but not the exclusive privilege of the fruit but an equal share of it. Also have free privilede [as transcribed] of the large wood land pasture for the use and benefit of their stock.

It is further my wish and desire that they have my sorrel horse Kuswii [?] by the name of the Big Sorrel, also Old Ball a sorrel horse, two cows and calves from head of young cattle of an average quality, one-half of my stock of hogs on hand, and as much corn and wheat as will be sufficient for their support and family until they can raise or make a crop, & further I desire that my negro Ben be retained by my Mother and Father during their lives to assist in making a support.

After their death(s), I wish Ben sold with any of the property that may be remaining on hand herin directed to be put into the possession of my Father & Mother & the money arising from the sale to be loaned or vested in some kind of stock that will be most profitable to my wife and children.

I also desire that my Father and Mother have the privilege of half the garden with the before described premises during their natural lives or so long as they think proper to reside on the same.

I bequeath to my beloved sister Sarah Gaines my negro girl Malinda and her heirs, together with my horse known by the name of Pony.

I will to Joseph Everett and his heirs the plantation where my sister Childress and her family now reside, but subject to the following uses & trusts, to wit:

That during the natural life of my said sister Childress, that he shall permit her to remain in the use and occupation of the farm or pay over to her for her sole use and benefit the rents and profits of same as shall be most to her benefit & advantage, and after the death of my said sister Childress it is my will that the said Joseph Everett or his heirs shall expose the said tract of land to sale for the highest price that can be procured for the same and then divide the money arising from said sister Childress, share and share alike, to wit: James, Phebe, Edmond, Henry, Elizabeth & Behetheland.

It is also my will that the ten shares I hold of the town of Demopolis in the State of Alabama be sold by my Executrix and Exucutors, and I do hereby authorize them to transfer or convey the same. The moneys arising from sale be paid over for the use of wife & children equally.

It is also my will that all my personal property with 100 acres of land adjoining the lands of Rosses large survey & Alexander‘s lands be sold except the property above devised or bequeathed & the following negroes to wit: Jack, Diner, Dick, Minerva, Gilbert, John & Rufus, which negroes I wish retained with their increase for the use and benefit of my wife and children Elizabeth Mary and Frances Gaines.

The money arising from the sale of my property after paying all my debts, I wish equally divided between my wife and my two daughters before mentioned.

It is my will in case my landed Estate whereon I now reside with the adjoining lands cannot be sold for the sum herein directed – That it be rented or occupied by my wife & children as she may think most proper.

It is my will & desire that my beloved wife, Frances G. Gaines be & act as my Executrix with my friends John G. Gaines & Clinton Armstrong as Executors of this my last will & Testament, hereby revoking & making void all former wills by me made whatever.

In testimony whereof I have hereunto set my hand & affixed my seal This 29th day of December, 1820.

James T. Gaines (seal)

Signed, sealed & acknowledged in presence of us the date above written.

Jno A. Rogers
P. Parsons
John Shough

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