Will Book __, Page 249

Whereas I James Hagood of Hawkins County in the State of Tenn., being frail in body but of sound mind, taking into view that all men must die and being desirous so to settle and adjust my affairs that my family may be provided for in the best manner possible consistent with the amount of property I hold, and that all difficulties or grounds for dispute or litigation about this may be removed, do ordain, publish and declare this to be my last Will and Testament, hereby revoking and annulling all former wills.

Imprimis. I give and bequeath so much of my personal property as may be necessary to discharge all my debts and expenses of every kind to my Executors to be sold on twelve months’ credit & then collected and paid over till all said debts and expenses are paid.

Item. I give and bequeath unto my beloved wife Nancy Hagood my land whereon I live containing 90 acres more or less to have and to hold during her widowhood or life if she shall not marry again, and after the marriage or death of my wife, I will the land to my daughter Becky Ingram wife of Miller Ingram, and Anne Raley wife of Phillip Raley and their heirs respectively in fee simple, share and share alike.

Item. I give & bequeath to my s’d wife Nancy the following negroes Viz: Franky, Jack, Jesse, Betsy & Julia to have during her widowhood or life if she never marry again, and after her marriage or death to my sons Benjamin F. , James M., & Stephen D. in full property to be divided among them equally & if there should be any increase of said negroes during the time they are to be helf by my wife, s’d increase to be divided between my sons in same manner.

Item. I bequeath unto my son Benjamin F. my blazed face mare called Jen and her sucking colt and a feather bed and furniture and bedstead and the saddle and bridle he now uses and claims.

Item. I give and bequeath unto my son James M. my bay mare called Fan, a bedstead, feather bed and furniture and the saddle and bridle he generally uses and claims.

Item. I give and bequeath unto my son Stephen D. that my Executors shall upon his coming of age give him out of my Estate as good a mare as Fan, that is left to James M. a saddle and bridle worth $15.00, a bedstead, feather bed, furniture and a good fur hat.

Item. I give and bequeath that after my debts and expenses and all other legacies are paid, all my other stock, household and kitchen furniture and farming utensils shall go to my wife Nancy to hold during her widowhood or life if she never marry again, and after her death or marriage to go to my sons Benjamin F., James M. & Stephen D., share and share alike…

Item. I give and bequeath unto my son William one dollar, he having already been sufficiently provided for.

I do hereby appoint my wife Nancy and my sons Benjamin F. and James M. Executrix and Executors of this my last Will and Testament, and they are not to be required to give security, and it is also my will that in the event of the marriage of my wife, then my said sons shall be my sole Executors and her power shall cease.

And in the event of any dispute or difficulty among my legatees or Executors in reference to my estate or this will, I do hereby appoint Jacob Miller, Lazarus Spears, Thomas Coldwell Daniel Chambers & Orville Bradley as arbitrators to whom said difficulty or dispute shall be referred and any [of] these are sufficient to act and their award to be conclusive and final.

Item. It is my will that my Executors be authorized in any manner they may deem proper by agreement, compromise, or otherwise, to settle and ascertain the boundary line between my lands and the lands of George Francisco, if [this] is not done during my lifetime.

Item. It is my will that the crop on hand shall go to the support of the family.

Given under my hand & seal This 9th of August, 1833.

J. Hagood (seal)

Witnesses present who witnessed this will in the presence of & at the request of the Testator:

Orville Bradley
Geo. R. Powel
G. Francisco

I, James Hagood, do this 11th day of August, 1833, offer the following codicil or supplement to the above will & do declare it in all respects to be a part thereof.

That is to say, that if my wife should either die or marry before the first day of January, 1842, Executors to hold the land until that time to maintain and school my youngest son Stephen D. Hagood.

Item. If either of my three sons, Benjamin F., James M. or Stephen D. should die intestate or unmarried, then in that case the survivor or survivors is to heir what is willed to the three.

The five barrels of corn that Robert Gray owes me this fall is to be collected and considered as part of the crop.

Given under my hand and seal day & date above written.

J. Hagood (seal)

Witnesses present & who witnessed this will in presence of & at the request of the Testator:

G. Francisco
T. Coldwell, Jr.

Whereas I James Hagood did make my will in August last & thereby did lend five negroes to my wife during her widowhood & at her marriage or death to be divided between my three sons since which I have sold one of them to George M. Lyons.

Now I do offer this schedule to explain my intention concerning the disposal of the proceeds of the sale of said negro.

What money, bank notes & bonds may remain on hand at my death, after paying my debts & all expenses, to be equally divided between my wife & three sons, Benjamin F., James M. & Stephen D. Hagood, and Stephen’s share to be put out on interest to some safe hand until he becomes of age, which will be in the year 1841.

The will & Codicil annexed thereto is hereby confirmed.

Done this 20 July, 1834.

J. Hagood (seal)

In presence of who was desired to witnesseth:

Test:

George Francisco
Clinton A. Charles

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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.