{"id":875,"date":"2014-01-29T18:39:10","date_gmt":"2014-01-29T23:39:10","guid":{"rendered":"https:\/\/tngenweb.org\/hawkins\/?p=875"},"modified":"2014-01-29T21:03:58","modified_gmt":"2014-01-30T02:03:58","slug":"lyons-william-will","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/hawkins\/lyons-william-will\/","title":{"rendered":"Will of William Lyons"},"content":{"rendered":"<p>Book 2, Page 21<\/p>\n<p>(blank spaces indicate unreadable letters or words)<\/p>\n<p>I <span style=\"font-weight: bold\">William Lyons<\/span> of the County of Hawkins and State of Tennessee being of sound and disposing mind and memory but of advanced age considering the uncertainty of life and the certainty of death and being desirous of settling my worldly affairs with satisfaction to myself do make publish and declare the following to be my last will and testament hereby revoking and making void all other wills heretofore made by me.<\/p>\n<p>First &#8212; It is my will that all my just debts be paid out of the first money that may come into the hands of my executors herein named.<\/p>\n<p>Secondly &#8212; It is my will and desire that my son <span style=\"font-weight: bold\">George W. Lyons<\/span> have the plantation on which he now lives and the ___ place and also the <span style=\"font-weight: bold\">Mitchell<\/span> place which I sold to him the said <strong>George<\/strong> holding said land as a part of his share of my estate after having first paid to me or my executors the bonds or notes I hold on him for the purchase of a part of said lands. I also gave him two negros some time ago which I regard as part of his share of my estate.<\/p>\n<p>Thirdly &#8212; I will and bequeath to my son <span style=\"font-weight: bold\">David Lyons<\/span> the <span style=\"font-weight: bold\">Harold<\/span> plantation on which he now lives also fifty acres on the south side of the Holston River opposite said place, also my interest in the ___ land. Said land having been paid for out of the proceeds of the store. The said son <span style=\"font-weight: bold\">David<\/span> being a partner with me in said store. Also a negro boy <span style=\"font-weight: bold\">David <\/span>and negro girl <span style=\"font-weight: bold\">Winney<\/span>.<\/p>\n<p>Fourthly &#8212; I will and bequeath to my son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> the plantation on which he now lives known as the <span style=\"font-weight: bold\">John A. Rogers<\/span> farm where there is a mill and tanyard and the <span style=\"font-weight: bold\">Henchel<\/span> farm and also the lots belonging to me in the town of Surgoinsville lying south of the main road. I also give and bequeath to my said son <span style=\"font-weight: bold\">Jesse <\/span>the twenty acres of land lying upon the branch above the tanyard upon which there is a black smith shop occupied by <span style=\"font-weight: bold\">Ransom Moore<\/span>.<\/p>\n<p>I also gave to my son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> some years ago a negro girl <span style=\"font-weight: bold\">Julia<\/span> with her children and a negro boy <span style=\"font-weight: bold\">Sam<\/span>. I having advanced the money to pay for the said boy <span style=\"font-weight: bold\">Sam<\/span>. I do hereby confirm unto my said son <span style=\"font-weight: bold\">Jesse <\/span>said negros together with their increase.<\/p>\n<p>Fifthly &#8212; I will and bequeath as follows to my son <span style=\"font-weight: bold\">William Lyons<\/span>. I have heretofore settled him on the <span style=\"font-weight: bold\">Henderson <\/span>farm and the said <span style=\"font-weight: bold\">William<\/span> has sold said farm and invested the proceeds thereof in other land. My will and desire is that my son <span style=\"font-weight: bold\">William<\/span> shall have the proceeds of said <span style=\"font-weight: bold\">Henderson<\/span> farm as part of his share of my estate. I also gave him the possession of a negro man <span style=\"font-weight: bold\">Bob <\/span>and a woman <span style=\"font-weight: bold\">Martha<\/span> and child, my will and desire is that my son <span style=\"font-weight: bold\">William<\/span> shall have said negros together with their increase since they have been in his possession. I also will and bequeath to my said son <span style=\"font-weight: bold\">William<\/span> twelve hundred fifty dollars to be paid him by my executors after first deducting an account due to <span style=\"font-weight: bold\">William Lyons<\/span> &amp; Son amounting to the sum of five hundred forty dollars and thirty nine dollars and fifty cents due 10th of April 1842 adding the interest thereon until paid .. no interest to be charged on the account.<\/p>\n<p>Sixthly &#8212; I advanced to my son <span style=\"font-weight: bold\">Petsor M. Lyons<\/span> cash, negros and other property about six\u00a0 thousand dollars when he went to the state of Missouri. I do hereby will and bequeath to him said cash, negros and other property as part of his share of my estate.<\/p>\n<p>Seventhly &#8212; to my daughter <span style=\"font-weight: bold\">Matilda Ann Carmack<\/span> I will and bequeath the plantation known as the <strong>Song [Sing<\/strong> ?] place lying on the south bank of the Holston River with the mountain lands adjoining containing [?] is supposed about three hundred acres. I also will and bequeath to her the house in which she now lives together with all the lots on the north side of the main road in the town of Surgoinsville. I also will and bequeath to my said daughter <span style=\"font-weight: bold\">Matilda A.<\/span> a sixty acre tract and a thirty acre tract of land lying north of the town of Surgoinsville and one hundred and ten acres of land to be taken off of the <span style=\"font-weight: bold\">Coldwell<\/span> and <span style=\"font-weight: bold\">Preston<\/span> tracts. Beginning on the river and running northwardly direction across my plantation. I also give and bequeath to said daughter <span style=\"font-weight: bold\">Matilda<\/span> my negro man <span style=\"font-weight: bold\">Harry<\/span> and his wife <span style=\"font-weight: bold\">Emily<\/span> together with their increase from this date and also my negro girl <span style=\"font-weight: bold\">Cate<\/span> and my negro boy <span style=\"font-weight: bold\">Dave<\/span>.<\/p>\n<p>I give and bequeath to my granddaughter\u00a0 <span style=\"font-weight: bold\">Sally <\/span>daughter of said <span style=\"font-weight: bold\">Matilda A.<\/span> my negro girl <span style=\"font-weight: bold\">Malinda<\/span> and to my granddaughter <span style=\"font-weight: bold\">Matilda Frances<\/span> also daughter of the said <span style=\"font-weight: bold\">Matilda A.<\/span> my negro boy <span style=\"font-weight: bold\">Henry<\/span> and to my grandson <span style=\"font-weight: bold\">William <\/span>son of my daughter <span style=\"font-weight: bold\">Matilda A.<\/span> my negro boy <span style=\"font-weight: bold\">Bill<\/span>.<\/p>\n<p>Eighthly &#8212; I will and bequeath to my son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> the tract of land on which I now live after taking off the one hundred and ten acres bequeathed in this testament to my daughter <span style=\"font-weight: bold\">Matilda<\/span> containing by estimation twelve hundred acres upon his paying the following sums of money to wit:<\/p>\n<div style=\"margin-left: 40px\">to my son <span style=\"font-weight: bold\">George M.<\/span> $2,428.57 dollars<br \/>\nto my son <span style=\"font-weight: bold\">David<\/span> the like sum of $2,428.57 dollars<br \/>\nto my son <span style=\"font-weight: bold\">William<\/span> the like sum of $2,428.57 dollars<br \/>\nto my son <span style=\"font-weight: bold\">Petsor<\/span> the like sum of $2,428.57<br \/>\nto my daughter <span style=\"font-weight: bold\">Matilda<\/span> the like sum of $2,428.57<br \/>\nto my granddaughter <span style=\"font-weight: bold\">Catherine Smith<\/span> daughter of <span style=\"font-weight: bold\">Petsor and Sarah Miller<\/span> two thousand dollars<\/div>\n<div style=\"margin-left: 40px\"><\/div>\n<div style=\"margin-left: 40px\">and in as much as my son <span style=\"font-weight: bold\">Jesse<\/span> is indebted to me by note in the sum of three hundred dollars due by note dated the 25th March 1847 and to the firm of <span style=\"font-weight: bold\">William Lyons<\/span> and Son due by note in the sum of $1,683.24 dollars due August 1, 1838 which note has been lost or misplaced and also to said firm another note of 119 dollars due January 1, 1847 and the said firm on an account of $1,277.48 dollars and the said <span style=\"font-weight: bold\">Jesse<\/span> is also indebted to said firm in the sum of two hundred and thirty five dollars and eighty five cents on account of a credit which said <span style=\"font-weight: bold\">Jesse<\/span> gave to <span style=\"font-weight: bold\">David Minis<\/span> the whole of said credit being $471.60 dollars dated Oct 1, 1849, half of which is justly chargeable to me or bank of said firm.Now it is my will and I do direct that the said sum of $2,425.57 dollars be paid by my son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> to my executors to be applied by them so far as it goes to the extinguishment of said debts mentioned due and owning by my said son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> in order as follows: first to pay up the principle and interest of the three hundred dollar note due me. Secondly, to pay the other notes and accounts in the order they are named counting no interest on either notes or accounts.It is my will and desire and I do direct that my son <span style=\"font-weight: bold\">C. G. Lyons<\/span> shall pay the sum of money designated as <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> part in satisfaction of said debts as far as it may to go my executors at the end of twelve months after my death and that he shall pay one fourth of the balance due to my seven children and grandchildren at the end of two years after my death one fourth at the end of three years and one fourth at the end of four years and one fourth at the end of five years without interest until due and the said <span style=\"font-weight: bold\">G.C. Lyons<\/span> shall execute notes with security for the family desired by my said children and grandchildren to whom the same may be due and owing.<\/div>\n<p>It is my will and desire that my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> shall have my negro boys <span style=\"font-weight: bold\">Bart<\/span> and <span style=\"font-weight: bold\">Jo<\/span> and my girl <span style=\"font-weight: bold\">Sew<\/span> or <span style=\"font-weight: bold\">Louisa <\/span>as a part of his share of my estate and for the purpose of settling all dispute in regard to my stock, family utensils.<\/p>\n<p>I do hereby make known that one half of the stock now upon my plantation one half of the farming utensils on the property of the said <span style=\"font-weight: bold\">C. G. Lyons<\/span> and belong to him. Also being an equal partner in farming with me that he is entitled to one half of the proceeds of my farm, that he is an equal partner with me in the farm and in entitled to one half of the notes and accounts in my hands and the goods in hand.<\/p>\n<p>Ninthly &#8212; To my well beloved wife <span style=\"font-weight: bold\">Matilda Lyons<\/span> should she survive me I give and bequeath the family mansion with all the barns, stables and fifty acres of land nearby by of her own choosing and for wood from the wood land of the home for and during her natural life and at her death the same is the belong to my son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span>.<\/p>\n<div style=\"margin-left: 40px\">\n<p>It is my will and desire that my said wife <span style=\"font-weight: bold\">Matilda Lyons<\/span> shall have all my household and kitchen furniture, my books and my negro boy <span style=\"font-weight: bold\">Bob<\/span> also my negro woman <span style=\"font-weight: bold\">Kizzie<\/span> together with two children and her increase.My negro men <span style=\"font-weight: bold\">Sampson<\/span> and <span style=\"font-weight: bold\">Sam<\/span> and my old negro woman <span style=\"font-weight: bold\">Judy<\/span> to be disposed of also ___ as she may desire at the same time. I would express the hope these old negros be not sold out of the family but that they be permitted to choose their own homes and live among my children the remainder of their days.<\/p>\n<p>It is my will and desire that my wife have two good horses of her own choosing and my carriage, three milch cows, one sow and pigs and twenty head of sheep to be chosen by her out of my flock of sheep and as much grain and other produce as she may desire for her support at least for one year.<\/p>\n<\/div>\n<p>Tenthly &#8212; My son <span style=\"font-weight: bold\">David<\/span> and I are partners in merchandise trading under the name of William Lyons and Son. I furnished two thousand four hundred dollars capital stock and he done the business being the active partner which was to be a set off to my capital stock in even equal partners in said business. I am to have as my part of said business on half of all the debts, or evidence of debts, my son <span style=\"font-weight: bold\">David<\/span> the other half. There have been no settlement of the concern. My will and desire is that said partnership concern shall be settled up by my said son <span style=\"font-weight: bold\">David<\/span> and my share of said partnership to be paid to my executors, if not paid to me before my death, it is my will and desire that all the proceeds of said partnership belonging to me and all other property belonging to me at the time of my death, and all evidence of debt notes, bonds or account, shall be collected by my executors.<\/p>\n<p>That the property not specially disposed of heretofore in this instrument shall be sold by my executors on twelve months credit and the money collected shall be divided equally among my seven children to wit: <span style=\"font-weight: bold\">George M.<\/span>, <span style=\"font-weight: bold\">David<\/span>, <span style=\"font-weight: bold\">William<\/span>, <span style=\"font-weight: bold\">Petsor M.<\/span>, <span style=\"font-weight: bold\">Matilda<\/span>, <span style=\"font-weight: bold\">Clinton G.<\/span>, <span style=\"font-weight: bold\">Jesse<\/span> and my granddaughter <span style=\"font-weight: bold\">Catherine Smith<\/span> and in as much as the amount of money due from my son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> to the firm of <span style=\"font-weight: bold\">William Lyons<\/span> and Son which not having been paid, it is my will and desire that my executors apply so much of the money as would be coming to my said son <span style=\"font-weight: bold\">Petsor M.<\/span> in the division as above stated to the payment of said debts on the balance remaining unpaid, the balance if any these shall be paid over to the said <span style=\"font-weight: bold\">Jesse M. Lyons<\/span>.<\/p>\n<p>All other moneys not hereby disposed of shall be equally divided among my children share and share alike. And in the distribution of said estate, it is my will and desire and do so direct that of the note which I hold on my son <span style=\"font-weight: bold\">George M. Lyons<\/span> for the sum of $1760.00 dollars dated the first day of January 1851, if not paid before my death, the amount of said note both principle and interest is to be deducted of his part of my estate.<\/p>\n<p>Lastly &#8212; I do hereby nominate and appoint my dearly beloved wife and my two sons, <span style=\"font-weight: bold\">George M.<\/span> and <span style=\"font-weight: bold\">David Lyons<\/span> my executrix and executors of this my land will and testament.<\/p>\n<p>Witness my hand and seal this 19th day of November A. D. 1862.<\/p>\n<p><span style=\"font-weight: bold\">William Lyons Sr. <\/span>(seal)<\/p>\n<p>Signed, sealed, published and delivered in our presence and we have subscribed our names in presence of the testator 19th Nov. 1862<\/p>\n<p><span style=\"font-weight: bold\">Geo. R. Powel<\/span><br \/>\n<span style=\"font-weight: bold\">Sam Powel<\/span><br \/>\n<span style=\"font-weight: bold\">P. L. Henderson<\/span><\/p>\n<p>Codicil to Will of <span style=\"font-weight: bold\">William Lyons<\/span> &#8211;<\/p>\n<p>I <span style=\"font-weight: bold\">William Lyons<\/span> having made and published my last will and testament having date 19th day of November 1862 and also having made and published a codicil to said last will and testament having date 28th day of October 1864 which said codicil hereby revoked and have destroyed and do hereby make and publish this my codicil to said will hereby verifying and confirming said will in all things not changed or altered by this codicil.<\/p>\n<p>My son <span style=\"font-weight: bold\">David Lyons<\/span> having departed this life since the execution of said will I hereby appoint my son <span style=\"font-weight: bold\">C. G. Lyons<\/span> one of the executors of my said will.<\/p>\n<p>Secondly &#8211; In my said will I bequeathed to my granddaughter <span style=\"font-weight: bold\">Matilda Frances Carmack<\/span> daughter of my daughter <span style=\"font-weight: bold\">Matilda A.<\/span> a negro boy <span style=\"font-weight: bold\">Henry<\/span>. I hereby revoke said bequest and will and bequeath to my said granddaughter <span style=\"font-weight: bold\">Matilda Frances Carmack<\/span> in the place of said boy <span style=\"font-weight: bold\">Henry<\/span> my negro boy <span style=\"font-weight: bold\">Dave<\/span> bequeathed in said will to my daughter <span style=\"font-weight: bold\">Matilda A.<\/span> hereby revoking so much of said will as bequeathed said negro boy <span style=\"font-weight: bold\">Dave<\/span> to my daughter <span style=\"font-weight: bold\">Matilda A.<\/span><\/p>\n<p>Thirdly &#8212; In the bequest mentioned in said will as equally [?] in which I bequeathed to my son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> the tract of land upon which I now live, after taking off the one hundred and ten acres bequeathed in the instrument (meaning this will) to my daughter <span style=\"font-weight: bold\">Matilda A.<\/span> containing, by estimation twelve hundred acres, I make the following disposition of said real estate.<\/p>\n<div style=\"margin-left: 40px\">\n<p>I hereby will and bequeath to my grandchildren <span style=\"font-weight: bold\">James S. Lyons<\/span>, <span style=\"font-weight: bold\">___ Lyons<\/span> and <span style=\"font-weight: bold\">Clinton Lyons<\/span> children of my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> and his wife <span style=\"font-weight: bold\">Livia Lyons<\/span> and to any children that may be born of the said <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> wife hereafter the aforesaid plantation with all the appurtenances.And for reasons satisfactory to myself I do hereby revoke so much of my said will as bequeaths my property or money to my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> and I do hereby substitute in the place of my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> my aforesaid grand children <span style=\"font-weight: bold\">James S. Lyons<\/span>, <span style=\"font-weight: bold\">I.<\/span> and <span style=\"font-weight: bold\">Clinton Lyons<\/span> and any children that may hereafter be born of my son <span style=\"font-weight: bold\">Clinton G. <\/span>and wife <span style=\"font-weight: bold\">Livia Lyons<\/span>. Said money and property both real and personal to be equally divided among the said children including said children that are already in existence and any that may in the future be born of the aforesaid marriage, share and share alike.<\/p>\n<p>I do also charge said plantation with the payments of the following sums of money to wit: to my son <span style=\"font-weight: bold\">George M.<\/span> $2, 428.57 dollars to my son <span style=\"font-weight: bold\">David<\/span> the like sum of $2,428.57 dollars, to my son <span style=\"font-weight: bold\">William<\/span> the like sum of $2,428.57 dollars to my son <span style=\"font-weight: bold\">Petsor M.<\/span> the like sum of $2,428.57 dollars, to my daughter <span style=\"font-weight: bold\">Matilda<\/span> the like sum of $2,428.57, to my granddaughter <span style=\"font-weight: bold\">Catherine Smith<\/span> daughter of <span style=\"font-weight: bold\">Petsor and Sarah Miller<\/span> two thousand dollars.<\/p>\n<p>I hereby revoke so much of said bequest as charges and land on the said <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> with the payment of any sums of money to the above mentioned parties as stated in said will in the bequest marked eighthly.<\/p>\n<p>By my will and desire is that my before mentioned grandchildren, children of my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> and any that may hereafter be born as aforesaid shall take said land from said charges and incumbrances except the life estate of bequeath to my wife in said last will and testament share and share alike.<\/p>\n<p>In order that there shall be no misunderstanding in regard to said bequest heretofore made in said will to my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> my will and desire is that my aforesaid grandchildren, children of the said <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> and <span style=\"font-weight: bold\">Livia<\/span> his wife and any other children that may be born of said marriage shall be substituted in the place of my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span> in said will and shall take said land bequest mentioned in said will in the place of my said son <span style=\"font-weight: bold\">Clinton G. Lyons<\/span>.<\/p>\n<p>If my son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span> should owe my estate more than the amount coming to him out of the fund that I directed to be equally divided amongst my children in the articles marked tenthly in said will, my will and desire is that said excess shall not be collected from my said son <span style=\"font-weight: bold\">Jesse M. Lyons<\/span>.<\/p>\n<\/div>\n<p>Witness my hand and seal this 22nd day of May 1865<\/p>\n<p><span style=\"font-weight: bold\">William Lyons<\/span> (seal)<\/p>\n<p>Sealed, signed and published in our presence and we have subscribed our names as witness in the presence of the Testator this 22nd May 1865.<\/p>\n<p><span style=\"font-weight: bold\">Sam Powel<\/span><br \/>\n<span style=\"font-weight: bold\">James Carmack<\/span><br \/>\n<span style=\"font-weight: bold\">P. L. Henderson<\/span><\/p>\n<hr \/>\n<p>Transcribed by Betty Mize<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Book 2, Page 21 (blank spaces indicate unreadable letters or words) I William Lyons of the County of Hawkins and State of Tennessee being of sound and disposing mind and memory but of advanced age considering the uncertainty of life <span class=\"excerpt-dots\">&hellip;<\/span> <a class=\"more-link\" href=\"https:\/\/tngenweb.org\/hawkins\/lyons-william-will\/\"><span class=\"more-msg\">Continue reading &rarr;<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"ngg_post_thumbnail":0,"footnotes":""},"categories":[42],"tags":[],"class_list":["post-875","post","type-post","status-publish","format-standard","hentry","category-transcribed-wills"],"_links":{"self":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/875","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/comments?post=875"}],"version-history":[{"count":4,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/875\/revisions"}],"predecessor-version":[{"id":879,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/875\/revisions\/879"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/media?parent=875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/categories?post=875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/tags?post=875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}