Will Book ___, Page 497

I, George Williams, of the County of Hawkins and State of Tennessee, being in perfect health and of sound mind and disposing mind and memory (sic), but considering the uncertainty of life and the certainty of death do make, publish and declare the following to (be) my last Will and Testament, hereby revoking and making void all wills heretofore made by me at any time.

First. It is my will and desire that my Executors hereafter to be appointed, as soon after my death as practicable, shall discharge all my just debts and the expenses attending my funeral.

Secondly. It is my will and desire should my dearly beloved wife Sophia T. Williams survive me, that she shall have the use of $1,500.00 in case, over and above what is contained in our marriage contract heretofore executed by us. The said $1,500.00 to be and remain in the hands of my Exec’s to be loaned out by them at interest, and the interest collected annually and paid over to her for her own separate use and support for and during her natural life, and after her death, the same $1,500.00 shall be equally divided between my children, nine in number, to wit: Margaret E. Yoe, Cleon H. Williams, Stokley D. Williams, Christopher C. Williams, Ethelbert C. Williams, Franklin E. Williams, Sally E. Williams, James M. Williams, and Cornelia F. Montcastle or to their heirs, share and share alike, after paying to my said Executors the necessary expenses attending the same.

Thirdly. It is my will and desire that my two grandchildren Hugh G. Williams and George Williams, sons and heirs of my son John Williams, dec’d, shall be paid by my Executors the sum of $1,000.00 each, the same to be and remain in the hands of my Executors and placed by them at interest and the interest of the same to be collected annually and principal and interest thereof to be kept at interest until the eldest of said children shall become of age, then the said $1,000.00 with all the proceeds thereof shall be paid over to him after paying all necessary expenses attending the same, and the other $1,000.00 hereby devised to the youngest of said children together with the proceeds thereof shall be kept at interest until the youngest of said children shall have arrived at lawful age, at which time the remaining $1,000.00 with proceeds thereof after paying all necessary expenses attending the same shall be paid over to him.

But if either of said children of John Williams, dec’d hereinbefore mentioned shall die without children, then it is my will and desire that the other being the survivor shall have the money hereby devised to both under the same limitations and restrictions as hereinbefore set forth.

But should both of said grand children…die before they shall have attained the lawful age and without children…heirs of their bodies — then and in that case it is my will and desire that the said sums of money hereby devised to them, together with the proceeds thereof shall be equally divided between my said children or their heirs hereinbefore named.

Fourthly. It is my desire that my Executors hereinafter named — after giving the usual notice and as soon after my death as practicable shall sell all my real estate at public auction on one, two and three years’ credit, purchasers giving bond with approved security, bearing interest from the day of said sale and a lien retained upon the land until the purchase money is fully paid, and the same to be sold in the following manner, to wit: My home tract containing about 800 acres in one lot. My Kyle tract of land containing about 200 acres in the second lot, and my Libo tract of land containing about 130 acres in the third lot. And my mill tract containing about three acres more or less with the appurtenances all to be sold separately and separate bonds to be taken for the same. In the sale of said real estate, the graveyard on the home tract is to be reserved and to be kept in repair by the purchasers.

Fifthly. It is my will and desire that my said Executors shall as shortly after my death as practicable sell and dispose of all my personal property, my negro slaves excepted, at public auction on 12 months’ credit, taking bond with approved security for the purchase money.

Sixthly. It is my will and desire that all my slaves shall be equally divided between my said nine children, hereinbefore named, share and share alike. The said slaves to be divided by three disinterested persons to be chosen by my Executors unconnected with any of the parties either by affinity or consanguinity and the slaves thereof to be determined by lot, and if in the division of said slaves the shares should be considered unequal by said commissioners then and in that case, it is my will and desire that my said Executors shall make said slaves equal by paying case to the owners of such share or shares as are deficient.

Seventhly. After retaining out of my Estate the said sum of $1,500.00 for the separate use of my said wife and the said sums of money hereinbefore devised to my two grand children Hugh G. and George Williams, it is my will and desire that all the proceeds or money arising from the sale of my lands and other property hereinbefore mentioned, and all the notes, monies, goods and chattels, all the chose in action or possession, all monies on hand after paying all my just debts in fiere.

All my estate not herein before disposed of shall be equally divided between my s’d nine children hereinbefore named, or their heirs, share and share alike after taking into account the advances heretofore made by me to my children which will be found exhibited and set forth in my day book, fully and entirely — my intention being to make my said nine children as near equal as may be in the division of my estate.

Inasmuch as I have heretofore given to my said son John Williams, dec’d a considerable amount of money and property and have devised in this my last Will and Testament $1,000.00 each with the proceeds thereof to my said two grand children, Hugh G. and George Williams and heirs of the said John Williams, dec’d, making in my estimation about an equal share with my other children hereinbefore named.

Therefore, in the division of my property, it is expressly understood and I do so ordain and direct, that they are to have no part or parcel of my Estate except the $1,000.00 and the proceeds thereof to each of them as hereinbefore devised.

Lastly. I do hereby nominate and appoint my two friends, Absalom P. McCarty and James M. Moore Executors of this my last Will and Testament.

In witness whereof I have hereunto set my hand and affixed my seal this 26th day of September, in the year of our Lord one thousand eight hundred and fifty-four.

George Williams (seal)

Signed sealed and published acknowledged and declared in presence of us the undersigned. This 26th day of September, 1854. The word “Montcastle” on first page interlined before signed.

George R. Powel
Sam Powel
R. G. Fain

Codicil – Inasmuch as Absalom P. McCarty one of the Executors named and appointed in this my last Will & Testament has since the execution thereof departed this life, and as I am desirous to have another Executor appointed to act with Col. James M. Moore, my other Executor, I do hereby nominate, constitute and appoint William Etter of Hawkins County said Executor of this my last Will & Testament to act in connection with my other Executor, Col. James M. Moore, and I do hereby declare this to be a codicil to my last will and testament. In witness whereof I have hereunto set my hand and seal This 27th day of September, 1855.

George Williams

Witness:

R. G. Fain
George R. Powel

I desire that my wife, S. T. Williams shall have and use my negro girl Charlotte during her natural life, and at her (my wife’s) death, I desire that she revert to my nine children as specified in my will.

I moreover, in my will have given her the interest on $1,500.00, but I now desire that she have the use of the same or as much as she may desire for the building of her house upon condition that she give bond and security for the forthcoming of the same at her death as specified in my will.

I moreover will that my son Jas. M. Williams shall have a young bay horse that I now have and be charged for the same, $100.00.

I will also that my son-in-law A. J. Montcastle shall take my negro man Tom to his house and sell the same to go out of the country and account to my Executors for the proceeds of the same Sept. 4, 1856:

These requests are part of our father’s will; were made to us two days previous to our father’s (George Williams) death when his mind was clear and sane. Witness our hands, date above given.

S. D. Williams
Jas. M. Williams

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