Will Book __, Page 294

State of Tennessee, Hawkins County, June 15, 1846.

In the Name of God, Amen.

I John Kirkpatrick of the County & State above mentioned do make and publish this my last Will and Testament in the following manner Viz:

Being called to mind the uncertainty of life and the true certainty of death, and through the kindness of Providence having enabled me and family to accumulate some property both real and personal to which I feel to thank God for His Kindness toward me &c.

Being somewhat afflicted in body but sound in mind and memory to dispose of such of my worldly substance as it has pleased God to bless me with.

First. My will is that as soon after my decease as possible, my administrators or the survivors of them to pay all my just debts and funeral expenses out of the proceeds of the sale of my perishable property.

Second. I give to my son David Kirkpatrick a certain portion of my land, including my mills and all the buildings thereon. Beginning at or near Nathan Vernon‘s spring on my line in the creek, thence down the creek as it meanders to a bend in the creek, thence across a strip of rising ground by where Thomas Case‘s grave is to the creek and across the line of said tract of ground, thence running with the said line to where it cones [as transcribed] to the creek at the beginning, to include all the land in that boundary, to have full privilege to keep up his mill dam at or near the same place it stands at this time, and… David shall at all times give full privilege for the water to be conveyed from the spring through the dam in logs for the use of those who may occupy the house where I now live, to all intents and purposes that it now is used.

Third. To my sons, Hugh and James Kirkpatrick the balance of my land to be divided between them equally, and that the said Hugh and James are to support and maintain their mother Judith Kirkpatrick during her widowhood, and my wife to have privilege to live in the dwelling where she now lives during the same period above mentioned.

Should my wife Judith ever marry after my decease, I desire and my will is for her to have $50.00 out of the proceeds of the sale of the perishable property of my Estate.

Fourth. My son David is to pay to Hugh and James Kirkpatrick $150.00 twelve months after my decease, to be paid in payments of $50.00 per year.

Fifth. Should there be any negroes or money on hand after my decease, I desire that it all be equally divided between my four children, Viz: Eliza Chesnutt, Hugh, James and David Kirkpatrick, also the perishable property or the proceeds thereof be also equally divided between my children or my heirs as above mentioned.

In witness whereof I do to this my last Will & Testament set my hand and seal This 22nd day of June, 1846.

John Kirkpatrick (seal)

Signed sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator. This 22nd day of June in the year of our Lord one thousand eight hundred and forty six.

Attest:

Wm. Smith
William Tharp

Now, I John Kirkpatrick having heretofore made my last Will and Testament, do make and declare this as a codicil thereto, to wit:

First. I desire that a change be made in my former will and that is that Richard Chesnutt and his wife Eliza have $250.00 out of my Estate and no more, also my wife Judith to have one good feather bed and good furniture for the same &c.

It is my desire that this codicil be attached to and constitute a part of my will to all intents and purposes whatsoever.

In testimony whereof I have hereunto set my name and affixed my seal hereunto This 5th day of January, 1848.

John Kirkpatrick (seal)

Attest:

Wm. Smith
William Tharp

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