Book 2, Page 118
Filed and proven: June 2, 1873

I John Gilliam of the County of Hawkins, State of Tennessee, being of sound and disposing mind and of good memory, being somewhat advanced in years and considering the uncertainty of life and the certainty of death to all, do make and constitute this to be my last will and testament hereby revoking all others by me heretofore at anytime made.

First – It is my will and desire that my funeral expenses and all my just debts, which I may owe at my death shall be paid out of the money or monies on hand or which shall come into the hands of my executor or executors.

Secondly – To my son John A. Gilliam, I give and bequeath the following described tract of land upon the following conditions hereinafter mentioned – Beginning at the Fisher’s Creek Church and running up the branch known as the William H. Johnson branch to the John A. Gilliam stable thus leaving the said branch running nearly a due east course to a conditional line between my land and Cornelius Gross land then along said conditional to a corner designated as the Stephen Johnson corner, thence 20 poles with the Johnson line to a stake on said line then one hundred and odd poles down Chesnut Ridge on the south side of Fisher’s Creek thence down said creek to the beginning at the aforesaid Church, being the parcel of land whereon the said John A. Gilliam now lives –

Thirdly – To my son Benjamin C. Gilliam I give and bequeath the following described parcel of land, subject to the conditions being after mentioned, beginning on the bank of the creek near the house wherein Jack Clifton now lives, thence up Fishers Creek to the aforesaid church or meeting house, thence up the W. H. Johnson branch to the aforesaid John A. Gilliam stable, thence along the John A. Gilliam line hereinbefore mentioned to the said conditional line between me and Gross – thence running across the valley a southerly course to top of the knob or ridge back of my place between me and Gross thence along the top of the ridge or knob calling for T B Johnson line to the beginning being the parcel of land whereon I now live and containing the principle improvements on my land in the way of livery stables, barns etc.

Fourthly – Beginning on the back of Fisher‘s Creek near Jack Clifton‘s house, I give and bequeath the following parcel of land to my daughter Susan Gilliam, thence with said creek up to the Wooten branch thence up the said Wooten branch to the old Wooten house thence leaving Wooten branch a straight course nearly due south to the upper corner of Wooten tract at the top of a ridge, thus with the line of the Wooten tract and the ___ tract to a bush corner marked J. G. thence with lines of a 20 acre entry containing the said twenty acres to a stake on William Lane‘s line, thence to buckeye corner a line then running round with my line to the beginning of said lot on Fisher Creek bank subject to the conditions hereinafter mentioned.

Item Fifthly – To James Gilliam I give and bequeath subject to the stipulations hereinafter mentioned the following described lot or parcel of land to wit. Beginning at the mouth of the Wooten Branch thence up Fisher Creek to my back line (on this side) not far from S___ Creech house, thence along said back line up the point of Chesnut ridge, an easterly course to a corner called ___ as the Rutledge corner, thence with the line of the Rutledge entry 20 or 25 poles to a stake on B___ Ross line thence with said Ross line around to the Wooten Branch, thence with said branch to its mouth the beginning of said lot or parcel.

Sixthly – To my son William Gilliam, in addition to what he has already received by gift from me. I give two notes which I have on him, one for one hundred dollars dated on ___ 1858 and the other given in ___ 1858 and the only notes I have against him.

Seventhly – To my grand daughter Mary Katharine Fletcher, daughter of my daughter, Nancy Ann (who is dead), I give and bequeath the sum of one dollar to be paid by my executors out of my estate after my death, this being the amount I desire for the said Mary Katharine, in addition to what I gave her Mother.

Eighthly – To my grand son Isaac S. G. Johnson, son of my daughter, Sally (who is dead) I give and bequeath the sum of one dollar to be paid by my executors out of my estate after my death this being the amount this being the amount I desire for the said Isaac S. G. Johnson, in addition to what I gave his Mother.

Ninthly – To my son James Gilliam in addition to what he has already received, I give the sum of two hundred dollars to paid out of my estate after my death.

Tenthly – To my son Hincheu Gilliam in addition to what he has already received, I give the sum of one hundred twenty five dollars to be paid out of my estate after my death.

Item 11 – To my son Samuel Gilliam in addition to what he has already received, I give and bequeath the sum of one hundred twenty five dollars to be paid after my death.

Item 12 – I hold two promissory notes on my son John A. Gilliam for the sum of two (250) two hundred and fifty dollars each are due at six and the other at twelve months which if not paid off by the said John A. Gilliam before my death I desire to be collected off him and to be appropriated in the discharge of my debts first and then in the payments of the different legacies bequeathed by me in this last will and testament.

Item – I hold two promissory notes on my son Benjamin C. Gilliam for the sum of two (200) hundred dollars each are due at six and the other at twelve months which if not paid off by him the said Benjamin C. Gilliam before my deaths, I desire to be collected off him to be discharged in the payment first of my debts and then in the discharge of the different legacies bequeathed in this testament.

Item – It is my will and desire that the lot or parcel of land bequeathed to my daughter Susan shall have the use of the timber off twenty five acres from the lower or west end of the lot bequeathed to my said son Benjamin C.

Item – It is my will and desire that the lot of land given to my said son Benjamin C. shall support my beloved wife Mary should she survive me, also that she shall have the control of the dwelling house, the stable, barns, and all the other out houses or so much room in the outer buildings including the stables as my be sufficient for the use and convenience of stabling all the stock she may keep for her allotted use and necessities for housing, cribbing all the roughage and grain she may raise or have raised on the farm, should she and the said Benjamin C. at any time disagree it is my will and desire that my said wife Mary shall have all the household and kitchen furniture and where so ever permitting the Statute laws of the State of Tennessee shall allow her at the time of my death for her decent and comfortable support maintenance. This bequest to be outside of the notes and other evidences of debt that I may die seized and possessed of.

It is my desire furthermore that should my said wife Mary choose to live with any of my other children away from the homestead thence she shall have a support during her natural life and of the profits coming from the parcel of land bequeathed to Benjamin Gilliam has in this will, she shall not have the management or control of any part of the said lot of land or of the house or any of the out buildings thereon.

Item – The lot I have bequeathed to my daughter Susan Gilliam, I hereby tax with the sum of two hundred dollars which if not paid by her the said Susan to me before my death and receipted for by me shall be collected by my executors off her and the said land is bound for the payment of the said two hundred dollars.

Item – James Gilliam in view of the bequest in Item Fifthly is taxed four hundred dollars to be paid to my executors if not paid before my death and receipted for by me and the said land is here bound for the said sum.

Item – I hold the lots of my two sons John A. and Benjamin C. bound for the same taxes therein and for which they have this day executed to me this promissory note, each of them executing a note payable at six months and each of them executing a note payable at twelve months both of John‘s being for the sum of two hundred and fifty dollars, the two making five hundred and drawing interest from the time of them falling due respectively both of Benjamin Cs notes are for the sum of two hundred dollars making a four hundred dollars, each drawing interest from the time of them falling due.

Item – I hereby constitute and appoint my two sons, James and Hincheu Gilliam the executors of this my last will and testament.

Item – It is my will and desire and I so bequeath that after paying off my funeral expenses and discharging all my just debts and liquidating the bequests hereinbefore mentioned I want all my effects to be divided equally between my children now to be designated, to wit: James Gilliam, Hincheu Gilliam, Samuel Gilliam, John A. Gilliam, Benjamin C. Gilliam and Susan Gilliam (erasures before signing).

In testimony whereof I set my hand and seal this third day of August, in the Year of our Lord One Thousand Eight Hundred and Sixty Nine (1869 AD) in the presence of the subscribing witnesses.

John Gilliam (Seal)

Attest:

Stephen Creech
Thomas W. Bradshaw
W. H. Watterson

Transcribed by Betty Mize