Book 2, Pages 143-145
Proven March 1, 1875

State of Tennessee – Hawkins County.

In the name of God, Amen.

I William Tharp being of sound mind and memory and knowing the uncertainty of life and the certainty of death do make and publish this my last will and testament.

First – My will and desire is that to my two sons to wit: John Lewis Tharp and William Thomas Tharp, I give and bequest unto them the farm they now live on known by the name of the Cox farm bounded by the lands of A. Chesnutt, David Kirkpatrick, David Reynolds, Lewis Arnott, Andrew King etc also bounded by my home place containing one hundred and fourteen acres… that the same be equally divided between the two and each holding his own improvements and an equal division of timbered as well as cleared lands also my silver watch if on hand at my death either one to have by the other paying the one five dollars:

Second – My will and desire is that my wife Elizabeth hold the old homestead I now occupy during her natural life or so long as she remains my widow.

Third – Also my daughter Emily Louisa Tharp live at the old homestead so long as she will live under the government of my wife Elizabeth or as long as she remains single or longer if they can agree.

She is also to have a young mare if any on hand at my death worth one hundred dollars or to have one hundred dollars in money out of my personal property if the same is not paid her during my lifetime. She is also to have all the bedding clothing furniture etc which now in her room, to (viz:) Two beds and bedsteads and their clothing, also one bureau that is now in her room she stays in. She is to have the use of the room to keep her things in and myself and wife Elizabeth is to have free access to the room if it should be necessary.

Fourthly – After all my just debts and funeral expenses are paid I give and bequeath unto my wife Elizabeth all the personal property I am possessed of at my death, also if there should be any property or stock of any kind on hand at my death, she has the liberty of either of selling it by an order from court or privately as she may think fit.

Fifthly – My wife Elizabeth is also to have the old homestead to keep and to hold during her natural life or so long as she remains a widow and she is to have free access to all or any ___ for keeping up or repairs of the place and not to sell or dispose of any ___ in any other way and if there should be any of the lands of the old homestead to ___ for rent my son John Lewis Tharp, or my son William Thomas Tharp is to have the refusal of the same by paying my wife Elizabeth one third of what is made on said land rented by them and my son William Thomas Tharp is the have one fourth part of all the hay made on the meadow in the old home place by his helping to ___ and take of the same and by ___ and keeping up the same and the other three fourths is to be saved for the use of my wife Elizabeth whenever William Thomas fails to comply with the above he forfeits his rights to the meadow.

I also will that in case any of my wife’s children fail to comply with the guidance or government of my wife, they are to be dispossessed from the place and in case any of them should marry, they shall leave the old homestead, my wife Elizabeth is not to suffer them to build on the said homestead or any other part or parcel, also my wife Elizabeth‘s children as they become 21 years of age they are to leave my old homestead and go open their own lands, or somewhere else wherever it may suit them.

Sixthly – I give and bequeath unto my daughter Emily Louisa Tharp and my grandson John William Camafix the old homestead farm to be equally divided between them at my wife’s death or her intermarriage with some other person, the old homestead is landed as follows by the lands of R. Chestnut, Henry Chesnutt, David Kirkpatrick and also bounded by the tract of land in the will to John Lewis and William Thomas.

Seventhly and lastly – I nominate and appoint John Lewis Tharp and William Thomas Tharp my executors to will as witness my hand and seal this the 17th day of November 1869.

William Tharp (Seal)

Witnesses:

Thomas Smith
Joshua Smith

Codicil –

I William Tharp, in accordance with what I have above written do make the following alteration and addition (viz) whereas my wife Elizabeth and my step-children have a homestead and my daughter Emily L. Tharp has none, and whereas there is more than one third of all my land in the homestead tract, I do set apart the above over___ in the homestead place for the use and benefit of my daughter Emily L. Tharp and also a sufficient portion of wood land and she shall have as means for her own support and not depend on her stepmother and she shall pay one fourth the part of all, my debts, for the use of the homestead and she is to have one fourth part of the meadow by using means to ___ the same, my son Thomas is to keep and hold his one fourth part of the meadow as before given until my present wife’s death or until she intermarries.

And I have already given Emily L. a room in the new house. I now give her the liberty of the old house to do her cooking in and also the privileges of the big stables to keep her nag in, my wife Elizabeth is also to have the use of the old house for cooking purposes.

As I have given Emily equal privileges in house, room, I wish her to treat her step mother kindly and with respect.

As witness my hand and seal this the 25th day of September 1873.

William Tharp (Seal)

Witnesses:

Thomas Smith
Joshua Smith

Transcribed by Betty Mize