Will Book __, Page 367
Proven: May 5. 1847

I, Thomas Martin of the County of Hawkins and State of Tennessee, being of sound, disposing mind and memory do make and ordain this my last Will and Testament in manner and form following:

First. I will and direct that all my just debts and funeral expenses to be paid out of any money that I may die possessed of or may first come into the hands of my Executor from the sale of any of my personal Estate, or any debts that is due me.

Secondly. I will and desire that my wife Elizabeth Martin live on and be in the quiet possession and enjoyment of my houses and land and to be comfortably provided for out of my personal Estate, to be specially attended to by my Executors during her lifetime,

and I desire that my smith tools be and remain unsold at any time but for the use of my several sons,

and if there appears to be more of my personal property than will appear reasonable for my said wife’s support, I will and desire that my Executors sell all the surplus property at a 12 months credit and the proceeds of said sale to be divided between my two daughters, namely Mahaly Sulivan and Elizabeth Lawson so as to make them equal in the property and Elizabeth‘s lot of land.

Thirdly. I give and bequeath to my daughter Elizabeth Lawson and her heirs a certain lot or parcel of my land. Beginning on a black ___ed near a field called the Brag field and run a straight line to the SW corner of William Martin‘s field on the west side of the road going to town, then along the top of the ridge to my line westwardly with the said line to my corner, then to the beginning.

Fourthly. I will and bequeath the balance of my land to be divided between my sons as follows:

namely, John Martin and William Martin to have Lot No. 1. Beginning on a Spanish oak, the SW corner of my old tract, thence up bend to the SW corner of a field called Brag field. Thence northwardly along the fence of said field to the top of a small ridge. Thence eastwardly along the top of said ridge to opposite a cross fence now between me and John Martin. Thence northwardly along said fence to another cross fence between me and John Martin. Thence with said fence to Mitchell‘s line and with that line to the mountain, to be divided as they may best agree next to the mountain. Lot No. 2. Beginning at the northwest corner of my home tract thence eastwardly to the branch, thence with my line to a lot of land I bought of Ephraim Winstead. Thence northwardly to a white oak, thence with said line to a stake on the south side of Copper Ridge. Then eastwardly to opposite a new cross fence. Then a straight line to said fence and with said fence to Ap‘s lot fence and with said lot fence to a small white oak in the edge of a field, then eastwardly along the top of a ride to Paschal Martin to be divided between Paschael & Aaron as they may best agree.

Lot No. 3, which includes my houses and improved land I will to my two sons Absalom Martin and Abijah Martin

I (will) that my six sons above named pay the said James and Thomas Martin their portionable part of said land so as to make them all equal, but to deduct and have a credit from James Martin‘s part for $100.00 which I loaned him when he left this country.

I also will and bequeath to my wife Elizabeth Martin my sorrel mare and colt.

I also will to my son Abijah Martin one horsebeast, choice of my stock, and my rifle and shot pouch.

And hereby revoke and disannul all former will by me made.

And lastly, I hereby constitute this my last Will and Testament. In witness whereof I have hereunto set my hand and seal, May 17, 1847.

Thomas [X] Martin (seal) (his mark)

Signed, sealed and acknowledged in the presence of us:

Mitchell [as transcribed]
James Winstead

Wiley Cope


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

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