Will Book 2, Pages 173-177

Proven: October 1, 1877

I, Stephen Hicks of the County Hawkins and State of Tennessee do make and publish this as my last will and testament hereby revoking and
making void all other wills by me made at any other time.

1st — I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any money that I may die possessed of or may come in the hands of my children.

2nd — I will and bequeath to Matilda Baily and her heirs provided she has any heirs living and if the said Matilda Bailey should die without heirs then all of the lands and property that she may get of my estate is to go back to my other three children, to wit: Mary, James and Ellen.

Further my will is that Alfred Bailey the husband of my daughter Matilda is not to have any right to sell or rent any of the lands that his wife may get. She may rent the lands herself
but neither of them shall have any right to sell her part of said lands as I have willed the same to her and her children provided she had any children and further the said Alfred Bailey is never to have any of the lands that I will to his wife as I do only will the lands to his wife and children provided she may have any children that may (live) to the age of maturity.

3rd — I will and bequeath to my daughter Mary Hicks the fourth part of my lands. I will the land to her and her heirs provided she may have any heirs and if no heirs at her death, the lands is to go back to the other children that I have willed my land to.

4th — I will and bequeath to my son James Hicks and his heirs provided he may have any — and if no children the lands goes to the others of my children that I have willed it to. The said James Hicks is to have the one fourth part of my lands.

5th — I will and bequeath to my daughter Ellen and her heirs, provided she may live to have heirs one fourth part of my lands and if no heirs, the land is to go back to the other heirs at her death that I have willed my land to.

6th — I will and bequeath to my son Elliah (Ellick) five dollars as I have heretofore provided for him — that is all I ever intend him to have as I have given him what I think is his part in full.

7th — I will and bequeath to Thomas Hicks and heirs an equal part of my personal property and money I may have at my death.

My personal property is to be divided between 4 [?] if any money that I may have at my death is to be divided equal between four of my children to wit: Mary, James, Thomas and Ellen or their heirs.

I will and bequeath to my grandchild July Hicks, Isaac Hicks daughter fifty dollars in money. The fifty dollars to be paid to her by Thomas, James and Mary and Ellen.

9th — My lands is to be equally divided between Matilda Bailey formerly Matilda Hicks, James, Mary and Ellen, and my personal property is to be divided and money between James, Thomas, Mary and Ellen.

10th — My will and request is there be no administration, no sale of property.

The heirs that I have willed my lands and property can select two or more men to divide the property and land without any sale or administration.

Witness whereof I have set my hand and seal this the 15th day of May 1869.

Steven [X] Hicks (his mark)

Attest:

H. Hamilton
Thomas A. Long

Know all men by their presence that I Steven Hicks have had my land divided and laid off in lots, to my four children mentioned in my will that was to have my land at my death and this is to be attached to my will, as I have had each ones land surveyed and plainly marked.

First Lot No. 1. Laid off on the lower end of my land adjoining the lands of James Kincheloe the first lot I give to my daughter Matilda Bailey formerly Matilda Hicks. Second lot to Ellen Hicks. Third lot to Mary Hicks and the fourth lot to James Hicks, where he now lives, the old Armstrong place and Matilda, Mary and James is each to Ellen to build her a house as there is no house on her lot.

I have divided and laid off my land as I intend my four children to have, as I have heretofore willed to them.

Steven [X] Hicks (his mark)

Attest:

H. Watterson
James Hicks

The courses used distances of Stephen Hicks grants and deeds.

Beginning on the River bank at Kincheloes corner and Hicks corner willow bushes then S. 55 degrees [illegible] between Kincheloe and Hicks, 172 poles to a stake at the road, then S. 3 degrees west 58 poles to a stake on the branch then S. 86 east 19 poles to a beech and white oak near the spring branch then due east 50 poles to a white oak then north 115 poles to a maple on the top of the ridge in the corner of the house. Then N. 50 degrees E, 36 poles to a white oak on the old line, then due north 78 poles to a stake then N. 5 E. 48 poles to a stake on Kincheloes corner, then along a conditional line N. 85 degrees east, 22 poles to a stake on the side of the road, then S. 41 E, 13 poles to a stake on the road then N. 53 E. 40 poles to 2 [illegible], then 54 E 100 poles to two white oaks, then due north 5 poles to a hickory Carter‘s corner, then due west 138 poles to a spotted oak corner, now down [illegible] persimmon, then N. 32 E 80 poles to a stake on the [illegible], then due north 311 poles to a black oak in the corner of thec [as transcribed], then S. 130 poles to a white oak, then N. 35 degrees west, 50 poles to a [illegible] near the [illegible], then N. 68 degrees west, 38 poles to a stake on the river bank, then down the river as it meanders six with 60 poles to a stake on the bank of the river at the low water mark, then S. 50 east, 90 poles to a black walnut on the bank of the river at a deep [illegible], then down the same with [illegible] S. 45 degrees 40 poles to a bunch of persimmons and willows on the bank of the river, then down the same as it meanders
S. 45 degrees to a bunch of willows on the bank of the river, then down with its meanders S. 115 W, 25 poles to a bunch of willows at the stake corner between Hicks and Kincheloe and the beginning.

The first lot and lower lot beginning on the Kincheloes corner then N. 45, 28 poles to a bunch of willows on the bank of the river, S. 55 degrees E 124 poles to a stake S. 56 degree E, 40 poles to a maple on the top of the ridge in the corner of the field on the outside them around with the line of the old survey to the beginning.

The second lot beginnings on a bunch of willows on the bank of the river, then N. 45 degrees E. 34 poles to a bunch of willows on the back of at the low water mark then South 55 Degrees E 110 poles to a stake where the old [illegible], then understood to be, then N. 75 E. 54 poles to a stake at the corner of the fence, near the orchard then S. 42 E. 27 poles to two sweet gums, then N. 42 S 106 poles to black gum, then due east 20 poles to a poplar, then S. 82 e, 34 poles to 2 pines in old line then around with [illegible] get to the lines of Lot No, one and with [illegible] to beginning. The third lot beginning on a bunch of willows corner of Lot No 2. There up the river as it meanders N. 40 E. 40 poles to a large [illegible] on the bank of the river and at a deep [illegible] then S 55 degrees E, 100 poles to a stake at a white oak, then 55 degrees east 5 poles to a stake in the road then N. 4 degree East 32 poles to persimmon tree N. 74 degrees E. 42 poles to white oak then N 33 E 42 poles to two cedars then S. 71 E 39 poles to white oak, near the corner of the [illegible] then N. 29 East 211 poles to a black oak then S 80 east 11 poles to 2 persimmons at the old spotted oak corner at the old [illegible] then around the old line the course and distance till it strikes the line of Lot No. 2 and with same to the beginning.

Lot No. 4 is bounded between the line of Lot 3 and by the old survey.

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This Hawkins County Will was transcribed by Betty Mize.