Will Book __, Page 349

I, Joseph McMinn of the County of Hawkins in the State of Tennessee, now residing at the Cherokee Agency, being in the ordinary enjoyment of health of sound mind and disposing memory, but considering the uncertainty of life and the transitory nature of all human concerns, and being anxious from sufficient motives that my Estate should be disposed of agreeably to my views of justice and propriety do make, ordain and publish this my last Will and Testament hereby revoking and making void all former wills of a date preceding this.

And whereas by an agreement made on the 9th day of October in the year of our Lord Eighteen hundred and twenty between myself and my wife Nancy McMinn for and on account of certain conditions therein expressed, and executed in the presence of the Hon. John Williams of the County of Knox, she the said Nancy became possessed of six certain negroes, a carriage and pair of horses, parcel of my personal estate.

Now that the said agreement so as aforesaid entered into my be fully and completely carried into effect according to the true intent and meaning thereof after my death, and that the said Nancy may enjoy, have and hold the said property.

First, I give and bequeath to my wife Nancy McMinn the six negroes, carriage and horses aforesaid to her own proper use and will, to dispose of forever, which is to be in lieu and satisfaction of dower, and all claims whatsoever of that kind upon my Estate, and I do hereby expressly require and direct the Trustees named in the deed on conveyance bearing date October 9, 1821 and by which I conveyed in trust the said negroes, carriage and horses to the use of the said Nancy to make an absolute Deed of Conveyance or Bill of Sale to her for the said property or so much thereof as may be expressed in the said deed of date 9th October, 1821.

Item. It is my will and desire that my Executors hereinafter named, as soon after my death as convenient, discharge all my debts and funeral expenses and in the next place proceed to sell all my Estate, real and personal. The real on a credit on one, two and three years, and the personal on a credit of one year, except all such parts or pieces of property as I may hereinafter otherwise dispose of.

Item. I give and bequeath to my sister Jane Kinkead, daughter of David and Mary Kindead, a mulatto woman named Milly, she being the same that I obtained by my marriage with Rebecca Kinkead, sister to the said Jane Kinkead, which mulatto woman with all her present and future increase of children, Josiah excepted.

I bequeath as aforesaid to the said Jane and the issue of her body lawfully begotten, but in the event of her death without such issue living, any one or more of her brothers and sisters then the said Milly and her children as above bequeathed to the said Jane Kinkead shall descend to and become the property of such surviving brothers and sisters, share and share alike, as tenants in common and not as joint tenants.

Item. I give and bequeath unto Rebecca McMinn Long daughter of John and Nancy Long of Kentucky the said Josiah above excepted.

Item. It is my will and direction that the residue of my Estate be divided between the sons and daughters of my brothers and sisters respectively, share and share alike, except to my niece Betty Morrison to whom I have given such a portion of my New Canton tract as I consider will be fully equal to her and her husband Robert Morrison’s interest in my whole Estate.

Item. I will and direct that my Executors pay to the trustees of McMinn Academy in the County of Hawkins for the use of said academy the sum of $300.00.

Item. I will and direct that my Executors where I do not make the donations myself, present to my friends hereafter named the following articles of property, to wit:

To Sarah Gaines daughter of James Gaines, Esq. one set of silver teaspoons with the initials of her name thereon.

To Hannah Cooper a like donation.

To Hannah Larkins a like donation.

To Mary Williams, daughter of James G. Williams a like donation.

To Willoughby Williams, son of s’d James G. Williams, one superfine fur hat.

To Mrs. Mary Rogers, wife of [??], Rogersville, one black silk shawl.

To Richard Mitchell my desk.

To Joseph McMinn Looney a riding horse worth $100.00.

Lastly. I do hereby nominate and appoint my trusty friends, Col. John Willims [as transcribed] of Knox County and Orville C. Bradley, Esq. of Hawkins County executors to this my last Will and Testament, and direct that they need not give security as required by Act of Assembly.

In witness whereof I have hereunto set my hand & seal this Sixth day of November 1824.

Joseph McMinn

Signed, sealed, published and declared in presence of us by the said Joseph McMinn to be his last Will & Testament

James Cowan
James S Bridges
John L. McCarty
Jas. G. Williams
Wm. W. Cowan
Jas. Mitchell

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