Book 2, Page 21

(blank spaces indicate unreadable letters or words)

I William Lyons of the County of Hawkins and State of Tennessee being of sound and disposing mind and memory but of advanced age considering the uncertainty of life and the certainty of death and being desirous of settling my worldly affairs with satisfaction to myself do make publish and declare the following to be my last will and testament hereby revoking and making void all other wills heretofore made by me.

First — It is my will that all my just debts be paid out of the first money that may come into the hands of my executors herein named.

Secondly — It is my will and desire that my son George W. Lyons have the plantation on which he now lives and the ___ place and also the Mitchell place which I sold to him the said George holding said land as a part of his share of my estate after having first paid to me or my executors the bonds or notes I hold on him for the purchase of a part of said lands. I also gave him two negros some time ago which I regard as part of his share of my estate.

Thirdly — I will and bequeath to my son David Lyons the Harold plantation on which he now lives also fifty acres on the south side of the Holston River opposite said place, also my interest in the ___ land. Said land having been paid for out of the proceeds of the store. The said son David being a partner with me in said store. Also a negro boy David and negro girl Winney.

Fourthly — I will and bequeath to my son Jesse M. Lyons the plantation on which he now lives known as the John A. Rogers farm where there is a mill and tanyard and the Henchel farm and also the lots belonging to me in the town of Surgoinsville lying south of the main road. I also give and bequeath to my said son Jesse the twenty acres of land lying upon the branch above the tanyard upon which there is a black smith shop occupied by Ransom Moore.

I also gave to my son Jesse M. Lyons some years ago a negro girl Julia with her children and a negro boy Sam. I having advanced the money to pay for the said boy Sam. I do hereby confirm unto my said son Jesse said negros together with their increase.

Fifthly — I will and bequeath as follows to my son William Lyons. I have heretofore settled him on the Henderson farm and the said William has sold said farm and invested the proceeds thereof in other land. My will and desire is that my son William shall have the proceeds of said Henderson farm as part of his share of my estate. I also gave him the possession of a negro man Bob and a woman Martha and child, my will and desire is that my son William shall have said negros together with their increase since they have been in his possession. I also will and bequeath to my said son William twelve hundred fifty dollars to be paid him by my executors after first deducting an account due to William Lyons & Son amounting to the sum of five hundred forty dollars and thirty nine dollars and fifty cents due 10th of April 1842 adding the interest thereon until paid .. no interest to be charged on the account.

Sixthly — I advanced to my son Petsor M. Lyons cash, negros and other property about six  thousand dollars when he went to the state of Missouri. I do hereby will and bequeath to him said cash, negros and other property as part of his share of my estate.

Seventhly — to my daughter Matilda Ann Carmack I will and bequeath the plantation known as the Song [Sing ?] place lying on the south bank of the Holston River with the mountain lands adjoining containing [?] is supposed about three hundred acres. I also will and bequeath to her the house in which she now lives together with all the lots on the north side of the main road in the town of Surgoinsville. I also will and bequeath to my said daughter Matilda A. a sixty acre tract and a thirty acre tract of land lying north of the town of Surgoinsville and one hundred and ten acres of land to be taken off of the Coldwell and Preston tracts. Beginning on the river and running northwardly direction across my plantation. I also give and bequeath to said daughter Matilda my negro man Harry and his wife Emily together with their increase from this date and also my negro girl Cate and my negro boy Dave.

I give and bequeath to my granddaughter  Sally daughter of said Matilda A. my negro girl Malinda and to my granddaughter Matilda Frances also daughter of the said Matilda A. my negro boy Henry and to my grandson William son of my daughter Matilda A. my negro boy Bill.

Eighthly — I will and bequeath to my son Clinton G. Lyons the tract of land on which I now live after taking off the one hundred and ten acres bequeathed in this testament to my daughter Matilda containing by estimation twelve hundred acres upon his paying the following sums of money to wit:

It is my will and desire that my said son Clinton G. Lyons shall have my negro boys Bart and Jo and my girl Sew or Louisa as a part of his share of my estate and for the purpose of settling all dispute in regard to my stock, family utensils.

I do hereby make known that one half of the stock now upon my plantation one half of the farming utensils on the property of the said C. G. Lyons and belong to him. Also being an equal partner in farming with me that he is entitled to one half of the proceeds of my farm, that he is an equal partner with me in the farm and in entitled to one half of the notes and accounts in my hands and the goods in hand.

Ninthly — To my well beloved wife Matilda Lyons should she survive me I give and bequeath the family mansion with all the barns, stables and fifty acres of land nearby by of her own choosing and for wood from the wood land of the home for and during her natural life and at her death the same is the belong to my son Clinton G. Lyons.

Tenthly — My son David and I are partners in merchandise trading under the name of William Lyons and Son. I furnished two thousand four hundred dollars capital stock and he done the business being the active partner which was to be a set off to my capital stock in even equal partners in said business. I am to have as my part of said business on half of all the debts, or evidence of debts, my son David the other half. There have been no settlement of the concern. My will and desire is that said partnership concern shall be settled up by my said son David and my share of said partnership to be paid to my executors, if not paid to me before my death, it is my will and desire that all the proceeds of said partnership belonging to me and all other property belonging to me at the time of my death, and all evidence of debt notes, bonds or account, shall be collected by my executors.

That the property not specially disposed of heretofore in this instrument shall be sold by my executors on twelve months credit and the money collected shall be divided equally among my seven children to wit: George M., David, William, Petsor M., Matilda, Clinton G., Jesse and my granddaughter Catherine Smith and in as much as the amount of money due from my son Jesse M. Lyons to the firm of William Lyons and Son which not having been paid, it is my will and desire that my executors apply so much of the money as would be coming to my said son Petsor M. in the division as above stated to the payment of said debts on the balance remaining unpaid, the balance if any these shall be paid over to the said Jesse M. Lyons.

All other moneys not hereby disposed of shall be equally divided among my children share and share alike. And in the distribution of said estate, it is my will and desire and do so direct that of the note which I hold on my son George M. Lyons for the sum of $1760.00 dollars dated the first day of January 1851, if not paid before my death, the amount of said note both principle and interest is to be deducted of his part of my estate.

Lastly — I do hereby nominate and appoint my dearly beloved wife and my two sons, George M. and David Lyons my executrix and executors of this my land will and testament.

Witness my hand and seal this 19th day of November A. D. 1862.

William Lyons Sr. (seal)

Signed, sealed, published and delivered in our presence and we have subscribed our names in presence of the testator 19th Nov. 1862

Geo. R. Powel
Sam Powel
P. L. Henderson

Codicil to Will of William Lyons –

I William Lyons having made and published my last will and testament having date 19th day of November 1862 and also having made and published a codicil to said last will and testament having date 28th day of October 1864 which said codicil hereby revoked and have destroyed and do hereby make and publish this my codicil to said will hereby verifying and confirming said will in all things not changed or altered by this codicil.

My son David Lyons having departed this life since the execution of said will I hereby appoint my son C. G. Lyons one of the executors of my said will.

Secondly – In my said will I bequeathed to my granddaughter Matilda Frances Carmack daughter of my daughter Matilda A. a negro boy Henry. I hereby revoke said bequest and will and bequeath to my said granddaughter Matilda Frances Carmack in the place of said boy Henry my negro boy Dave bequeathed in said will to my daughter Matilda A. hereby revoking so much of said will as bequeathed said negro boy Dave to my daughter Matilda A.

Thirdly — In the bequest mentioned in said will as equally [?] in which I bequeathed to my son Clinton G. Lyons the tract of land upon which I now live, after taking off the one hundred and ten acres bequeathed in the instrument (meaning this will) to my daughter Matilda A. containing, by estimation twelve hundred acres, I make the following disposition of said real estate.

Witness my hand and seal this 22nd day of May 1865

William Lyons (seal)

Sealed, signed and published in our presence and we have subscribed our names as witness in the presence of the Testator this 22nd May 1865.

Sam Powel
James Carmack
P. L. Henderson

Transcribed by Betty Mize