Will Book __, Page 389
Proven: Dec. Term, 1858

I Nancy Nugent of the County of Hawkins and State of Tennessee, do make and publish my last Will and Testament, hereby revoking all other wills heretofore made by me.

First. I desire that my Executor shall pay all of my just debts and funeral expenses out of the first money that may come into his hands as Executor.

And after the payment of my debts and funeral expenses, I will & bequeath all the residue of my money & property of every kind and description of which I may die seized and possessed to be disposed of in the following manner, to wit:

My entire estate is to be equally divided between my beloved brothers John Nugent and Francis Nugent and my beloved sister Mary Nugent — sons and daughter of Edward Nugent and Mary Nugent all of whom I left in Ireland many years since. My sister Mary living with our dear mother in the County of West Meath about five or six miles from the town of Mullingar.

My will is that my brothers John and Francis and my sister Mary each have one third or an equal share of my estate.

It is further my will that if either of my said brothers or my sister shall have departed this life before or at the time of my death leaving issue that the share of the said decedent or decedents shall be equally divided among his, her of their respective children, male and female, share and share alike.

And in case either of my brothers or sisters in this will mentioned shall have departed this live at the time of my decease leaving no issue living at that time, my will is that the portion of share to which that brother or sister would have been if living at the time of my death entitled under the provisions of this will, shall go to the survivor or survivors of to the issue of such brothers and sister as shall have died leaving issue, to be equally divided between said brothers and sister or their issue, the issue if any taking per stripes as the representative of their parent or ancestor.

It is further my will that if there should be none of the relative provided for in the foregoing will in being at the time of my decease, then my Executor hereinafter named is hereby constituted a Trustee to hold in trust my Estate for the benefit of the Catholic Church of Multifarnum (Multyfarrham) in the County of West Meath, Ireland and to transmit the proceeds of my said estate to the Parish Priest of said church, to be by him used for the benefit of the Church.

And I do hereby appoint Jas. W. Rogan as the sole Executor of this my last Will & Testament.

For reasons satisfactory to myself but which it is unnecessary for me here to state, it is my will and desire that none of the issue or descendants of James Nugent, my brother who died many years since in Hawkins County shall have any share or portion of my Estate and I do hereby disinherit them.

And it is my will and desire that my Executor do proceed as soon after my death as possible to collect all money or monies that are due me, or coming to me, and I desire that he shall be charged no interest on such sums as may come into his hands from the time he shall receive the same until he shall have ascertained who are the proper legatees under this will and until said legatees shall have established their claims to receive the share which they are entitled to receive according to the plan of distribution herein specified or directed.

In testimony whereof I have hereunto set my hand and seal This the 28th of October, 1857.

Nancy Nugent (seal)

Signed, sealed and acknowledged in our presence, we affixing our signatures hereto in the presence of this Testator and as witnesses thereto at her request the day and date above written.

Witnesses:

James Johnston
Joseph A. Johnston

I Nancy Nugent do hereby make and publish this my codicil to the within last will and testament.

My will and desire is that should my brothers John Nugent and Francis Nugent and my sister Mary Nugent have no children living at the time of my death but should have grand children, or any of them should have grand children then my will and desire is that said grand children shall take said property in the same way provided in my will — that the children of the said brothers and sisters should take my property, and if there should be no grand children of brothers and sisters, then my will is that my property shall go to the Catholic Church as provided in my will,

and it is further my will and desire that from the fact that Jas. W. Rogan, the person appointed in said will as my Executor is indebted to me and related to most of those who owe me money, I hereby revoke said appointment of James W. Rogan as my Executor, and I do hereby constitute and appoint Sam Powel my Executor of this my last will and testament and codicil in this my codicil to said will I revoke and annul the appointment of James W. Rogan as my Executor, the balance of said will to remain as it is except as altered by the codicil.

Witness my hand and seal This 25th day of November, 1858.

Nancy [X] Nugent (seal) (her mark)

Signed, sealed and acknowledged and we have subscribed our names in the presence of the Testator.

Peter Joyce
Eliza McKnight

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