{"id":952,"date":"2014-01-30T01:36:58","date_gmt":"2014-01-29T23:48:05","guid":{"rendered":"https:\/\/tngenweb.org\/hawkins\/?p=952"},"modified":"2014-03-11T13:41:19","modified_gmt":"2014-03-11T17:41:19","slug":"francisco-james-will","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/hawkins\/francisco-james-will\/","title":{"rendered":"Will of James Francisco"},"content":{"rendered":"<p>From Transcriber Betty Mize:<br \/>\nWill Book 2, Page 9<br \/>\nProven:\u00a0August 27, 1865<br \/>\nSee Circuit Court Minutes, Book 2, Page\u00a0417<\/p>\n<p>From Transcriber in the group listed below:<br \/>\nWill Book ___, Page 197<br \/>\nProven: 11 Aug 1865 (Minute Book page 41)<\/p>\n<p>(blank spaces indicate unreadable words or letters)<\/p>\n<p>I <span style=\"font-weight: bold\">James Francisco<\/span> of Hawkins County and State of Tennessee viewing the uncertainty of life and the certainty of death wishing to dispose of my Estate both real and personal in the manner that seems right and just, do make this my last will and Testament in writing, revoking all wills by me made before this date.<\/p>\n<p>First &#8211; My wish and desire is that all my just debts be speedily paid with my burying expenses.<\/p>\n<p>Secondly &#8211; I give to my daughter <span style=\"font-weight: bold\">Phebe Adaline Vaughan<\/span>, formerly <span style=\"font-weight: bold\">P. A. Francisco<\/span> a tract of land including the house and other buildings on said land. Lot No. 1 which will show by the Platt herein enclosed &#8211; the division line between <span style=\"font-weight: bold\">Phebe<\/span> and my son <span style=\"font-weight: bold\">Jackson W. Francisco<\/span>.<\/p>\n<div style=\"margin-left: 40px\">Beginning on the south side of Stage Road on the southwest corner of <span style=\"font-weight: bold\">Elizabeth Vaughan<\/span>&#8216;s lot of 6 acres then with the dividing line after two lots <span style=\"font-weight: bold\">Phebe<\/span>\u00a0<strong>Wilfloy<\/strong> &amp; <span style=\"font-weight: bold\">Elizabeth Vaughan<\/span>&#8216;s N23 W18 poles to a stake in the middle of the great road corner of the two lots then running with the passway to the head of the spring N23 118 poles to a stake in the middle of said passway. Then west two poles to stake then N24 W14 poles to a stake opposite or nearly so to the spring then north 35 W170 poles passing through the fields to a black oak and hickory an a ridge about 2 poles west of the northwest corner of the hill field then W6 poles to 3 white oaks on the top of a ridge then N36 W26 poles to a white oak on a rockey point then N37 E15 poles to a large spanish oak on the side of a small ridge then N2 \u00bd W50 poles to two white oaks on <span style=\"font-weight: bold\">Burris<\/span>&#8216;s [<em>also transcribed as <strong>Barnes<\/strong><\/em>] line which line passes through a\u00a0pond on the top of the ridge which lines of the divisions <span style=\"font-weight: bold\">Phebe A.<\/span> and <span style=\"font-weight: bold\">Jackson W.<\/span><\/div>\n<p>I give all my land on the north side of the stage road from the east of said division lines to <span style=\"font-weight: bold\">P. A. Vaughan<\/span> and her heirs containing one hundred eighty acres be the same more or less<\/p>\n<p>also I give <span style=\"font-weight: bold\">Phebe A.<\/span> my daughter all of my household and kitchen furniture with my weaving loom except my cooking stove my beds and steads clocks cubboard and bureaus with all that is in my house and kitchen furniture and charge her seventy five dollars for the same, also she is to have a horse or fifty dollars that as she never had advanced to her when married she shall be charged advanced said property to the value of fifty dollars in the settlement of my estate that she ___ when married.<\/p>\n<p>Thirdly &#8211; I give my son <span style=\"font-weight: bold\">Jackson W. Francisco<\/span> his heirs all my land west of division lines which more fully show by the Platt herein inclosed [<em>sic<\/em>] including the house where <span style=\"font-weight: bold\">Jessy Cloud<\/span> now lives on the south of the road. The house where <span style=\"font-weight: bold\">Les King<\/span> lives and the old Comfort houses containing two hundred and seventy acres be the same more or less, and charge them [<em>him?<\/em>] with the money for property advancements [<em>advanced?<\/em>] to them [<em>him?<\/em>] say five hundred dollars.<\/p>\n<p>Fourthly &#8211; I give to my son <strong>William B. Francisco<\/strong> his heirs, three slaves <strong>Carson<\/strong> 45 years old a man, <strong>Lucy<\/strong> a woman 33 and her daughter <strong>Mary<\/strong> 16 years and charge for property advanced to him $100.00.<\/p>\n<p>All of the above land and negros shall be valued by the following: <span style=\"font-weight: bold\">Robert Cooper<\/span>, <span style=\"font-weight: bold\">Nathaniel Wells<\/span>, <span style=\"font-weight: bold\">Eldridge Hord<\/span>, <span style=\"font-weight: bold\">Joshua Phipps<\/span>, <span style=\"font-weight: bold\">Robert Netherland <\/span>&amp; <span style=\"font-weight: bold\">Phillip Critz<\/span>, and if any of the within named men should die or leave the country any two <em>[three?]<\/em> of them shall be sufficient and their valuation shall be final. \u00a0The lands to be valued and negros at cash valuation.<\/p>\n<p>The land and production of each lot shall be valued and deductions made on each lot of four hundred dollars on account of their Mother is attached to said lots as they have divided their Mother&#8217;s land to take effect at my death which I have included in their deeds in this will.<\/p>\n<p>I got two negroes by <span style=\"font-weight: bold\">Jack<\/span> and <span style=\"font-weight: bold\">Adaline&#8217;<\/span>s mother worth saying four hundred dollars each. After paying them each four hundred dollars my wish is for my executors to divide my estate among my three children agreeable to the valuation of the property and negroes, debts and what money if I have any on hand, the balance of my property and land shall be sold by my executors and the money divided equally among my three children shall and share alike.<\/p>\n<p>I hereby empower my executors here after named to sell three shares I have in a tract of land in VA in Scott County to four hundred acres which be the same more or less which is a fourth of said tract of land including the calibeath [<em>Chalybeate<\/em>] spring which is undivided if I do not sell the same before I die and make a special warrantee deed of conveyance to the same either at public sale or private sale the same to be equally divided as heretofore.<\/p>\n<p>My will is that if I have crops commenced that my family and stock shall be permitted to remain on the premises until the crops is all gathered that my son <span style=\"font-weight: bold\">Jackson<\/span> shall see that nothing shall be destroyed no more than can be helped.<\/p>\n<p>The family shall remain as I was living until said crop shall be gathered and may be divided equally among my children thru a sale of the same and any property that I have not specially willed may be divided by my children as they so wish and can agree to the same without a sale.<\/p>\n<p>My daughter <span style=\"font-weight: bold\">P. A. Vaughan<\/span> and her children she being an unfortunate person. I hereby agree that her and her children shall not be charged anything by my executors or by <span style=\"font-weight: bold\">Jackson<\/span> or <span style=\"font-weight: bold\">Wm. B. Francisco<\/span> for my raising, educating and keeping them or what money I have paid for their benefit as she agrees for us to be even and no charges to be made by either of us as my son <span style=\"font-weight: bold\">Wm. B.<\/span> has received the estate that came by the <span style=\"font-weight: bold\">Burris<\/span>&#8216; family I think it right and just that <span style=\"font-weight: bold\">P. A.<\/span> and <span style=\"font-weight: bold\">Jackson<\/span> shall have in value what their mother had at the time of our marriage.<\/p>\n<p>I hereby appoint <span style=\"font-weight: bold\">Robert Cooper<\/span> and my son <span style=\"font-weight: bold\">Jackson<\/span> my Executors of this my last Will and Testament in writing.<\/p>\n<p>My wish is that after my defraying all necessary expenses and pay for their services that they may divide my estate equally among my three children, agreeable to my directions herein set forth &#8212; that they keep a valuation of the land and negroes &amp; return the same to court so that there may be a record of the same. a account of value of my other property and take a receipt from each child what they have rec&#8217;d.<\/p>\n<p>I will injoin it in the same of my executors at my death to take an inventory of my property that is not specially willed and the same returned to Court.<\/p>\n<p>In figuring this my last will and testament I have been influenced only by what I consider what is right &amp; just. I wish my children to act like Brothers and Sisters and be friendly.<\/p>\n<p>In testimony whereof I set my hand and affix my seal, Dec. 27th, 1855.<\/p>\n<p><span style=\"font-weight: bold\">James Francisco<\/span> (seal)<\/p>\n<p>Signed and acknowledged before us:<\/p>\n<p><span style=\"font-weight: bold\">Asa Hopkins<\/span><br \/>\n<span style=\"font-weight: bold\"> Joseph W. Clark<\/span><br \/>\n<span style=\"font-weight: bold\"> Charles<\/span>\u00a0[<em>X<\/em>] <span style=\"font-weight: bold\">Murdock<\/span> (his mark)<br \/>\n<span style=\"font-weight: bold\"> Jeremiah<\/span> [<span style=\"font-style: italic\">X<\/span>] <span style=\"font-weight: bold\">Cloud<\/span> (his mark)<br \/>\n<span style=\"font-weight: bold\">Matthew Marcus Lynch<\/span><br \/>\n<span style=\"font-weight: bold\">John P. Hamilton<\/span><\/p>\n<h3>Distribution<\/h3>\n<p>We, <strong>Robert Cooper<\/strong>, <strong>Phillip Critz<\/strong> &amp; (<strong>E<\/strong>.) <strong>Hord<\/strong> appointed commissioners by the Will and Testament of <strong>Jas. Francisco<\/strong>, dec&#8217;d met this day at the house of s&#8217;d <strong>Jas. Francisco<\/strong>, dec&#8217;d, and have proceeded under the will to value the land, lot No. 2 as described in the will at $2,833.331\/3 to <strong>J. W. Francisco<\/strong>, and lot No. 1 to <strong>Phebe Adaline Vaughan<\/strong> at $2,032.331\/3, and five negroes: <strong>Carson<\/strong> at $350.00, <strong>Lucy<\/strong> at $333.331\/3, and <strong>Mary<\/strong> and her children at $1,111.331\/3 to <strong>W. B. Francisco<\/strong>.<\/p>\n<p><strong>Eld Hord<\/strong>, <strong>P. Critz<\/strong>, <strong>Rob&#8217;t Cooper<\/strong><\/p>\n<p>State of Tennessee )<br \/>\nHawkins County )<br \/>\nPersonally appeared before me, <strong>James Lackey<\/strong>, Clerk of the County Court of said County <strong>Jeremiah Cloud<\/strong> and <strong>Charles Murdock<\/strong> subscribing witnesses to the foregoing agreement, who being duly sworn according to law depose and say that they are personally acquainted with <strong>Phebe A. Vaughan<\/strong> and <strong>Jackson W. Francisco<\/strong> the makers thereof and heard them severally acknowledge the same to be their act and deed for the purposes therein contained. Witness my hand at office the 7th day of August, 1865.<br \/>\n<strong>James Lackey<\/strong>, Clk<br \/>\nBy <strong>J. H. Vance<\/strong>, D. Clk.<\/p>\n<hr \/>\n<p>Transcribed by Betty Mize.<\/p>\n<p>This Hawkins County Will was also transcribed by one of the following volunteers: Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>From Transcriber Betty Mize: Will Book 2, Page 9 Proven:\u00a0August 27, 1865 See Circuit Court Minutes, Book 2, Page\u00a0417 From Transcriber in the group listed below: Will Book ___, Page 197 Proven: 11 Aug 1865 (Minute Book page 41) (blank <span class=\"excerpt-dots\">&hellip;<\/span> <a class=\"more-link\" href=\"https:\/\/tngenweb.org\/hawkins\/francisco-james-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-952","post","type-post","status-publish","format-standard","hentry","category-transcribed-wills"],"_links":{"self":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/952","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=952"}],"version-history":[{"count":4,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/952\/revisions"}],"predecessor-version":[{"id":1866,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/posts\/952\/revisions\/1866"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/media?parent=952"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/categories?post=952"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/hawkins\/wp-json\/wp\/v2\/tags?post=952"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}