Will of James K. Pollock
A copy of this will is in the possession of Cheryl Zelek and was transcribed 29 April 2000 by Cheryl Zelek. It has been transcribed exactly as written.
December the 30th 1870
In the name of God Amen, I James K. Pollock considering the uncirtainty of this mortal life and the cirtainity of deth and being of sound mind and memory do make and publish this my last Will and testament in maner and form following that is to say
Section first: I bequeath my body to the grave and my soul to God who gave it.
Second: That my funeral expenses and Just debts first be paid out my money on hand at my deth or the first money collected. .
Thirdly: I give and bequeath to my unmarried daughter Elizabeth A. Pollock and Susan C. Napier two beds and bed steds & furniture each also three head of cattle Each six head of stock Hogs Each also three Head of sheap Each said property to be their own undivided property.
Fourthly: for the purpose of securing to my Two daughters Elizabeth & Susan a home residence I give to them my home tract of land so long as they may live Single and remain on said Farm them paying Tax on the same, but should one of them marry or die, then one half of said Home sted shall be rented out and the proceeds Equally divided between my Seven daughters, also for the purpose of carrying on said farm I give to Elizabeth and Susan two head of farm hourses and two pair of Harness and two horse wagon forw plows two hoes one Loom set of shoe tools par Stlayards two choping axes one cupbord and all the cupbourd and Table ware that is on hand, also all kitchen utentils & one wash Pot, one foalding lief Table, one bureau & press, twelve chairs, and all the Poaltry.
Fiftly: I desire and will that the above named property mentioned in Section fourth and set apart for the use and benefit of carrying on said Home Sted to remain on said farm undivided so long as my two daughters Elizabeth A. Pollock and Susan C. Napier live Single and remain on said farm for the purpose of carrying on said farm and all benfits & profits from the farm or anything their on mentioned, the above named Two daughters are to have and to hold as thore own free Charge
Sixthly: if Either or both of the Two daughters Elizabeth and Susan, Should refuse to live on said famr or should marry from that time forward they shall not be Entitled to receive any of the proffits or benefits allowed in Section four, provided should ether or said daughters see proper to marry or leave said Home sted or die, and the other coninue Single or remain on said Home sted, with all the property set apart in Section four the use and benefit of said Homested, and in the event of both of said above named daughters refusing to live on said Homested or marrying or fieing then in that case all the porperty specified and set apart fer the user and benefit of said farm or Homested as provid in section four is to be sold and procees Equally divided between all of my heirs.
Sevithly: I also will that said Homested which constituts my Home Track of land be sold to the highest bider and the proceeds divided Equally between my seven daughter and J. R. Pollock heirs to wit, Louisa J. Milliken, Elizabeth A. Pollock, Mary Fite Sophrona A. Polk, Malinda R. Rider, Susan C. Napier, Matha E Caster, and James R. Pollocks heirs.
Eightly: Provided however I will that one quarter of and acre of my Home Track of Land Covering the Grave yard situated on said farm on the south bank of Buffalo and the same is reserved and set apart for a family Grave Yard, and I set apart and approriate fortly Dollars to be Expended by my Executors in reparing said Grave yard and erecting Tomb Stones over the grave of myself and wife.
Ninth: I further will that my Morris and Keeling tracts of land be sold in Two Separate tracts to the highest bider Exsept one hundred and fifty acres of said tracts which I have deeded off to my sone A. B. Pollock and the proceeds be equally divided between my seven daughters and James R. Pollocks heirs
Thenth: I further Will that all my personal Estate that I am possessed of at my death (to wit) Horses Cattle Hogs sheep, Farming utenitials Smith tools Household furniture money nots etc Except the property specified and set apart for the use and Benefit of my Two daughters Elizabeth and Susan in carring on the Homested farme during their single life or continuance on the same and also except the same property as given to them as their own individual property as specified in Section Third is to be sold and the proceeds Equally divided between all of my heirs.
Section Elevth: I further will that at my death all my children and grand children living at my home and remaining single shall have a liberal years sustanance allowed them for the support of themselves and ther stock
Twelfth: I further Will that at my deth the Black woman Peg be allowed a liberal years support and Ten Dollars in money out of my effects
Thirteeth and Lastly: I will ordain and appoint A. B. Pollock and Harbersond Milliken my sole Executors of this my last Will and testament here by revoking all former wills by me made in witness whereof I have here unto set my hand and seal this 13th day of December one thousand Eight hundred and seventy the above instrumnet conditning of one sheet was now here subscribed by J. K. Pollock the Testates in he presents of Each of us and we at his request sign our names as attesting Witnesses to the same.
John W. Pollock
James W. Stockard
opened and Read in open Court and Received and ordered to be recored, Feb. Term 1871.
Z. V. Dabbs, Chairman
State of Tennessee
Lewis County
Personally appeared before me W. C. Dabbs Clerk of the County Cort of a foresaid in open Court John W. Pollock and James W. Stockard, who is subscribing witnesses to the foregoing Last Will and Testament of James K. Pollock Decd., and after being Duley sworn deposed and said that they saw James K. Pollock the Maker of the foregoing Will sign the same and acknowlledg in the presents to be his last Will and Testament and that they Verly believe that he was of sound mind and disposing memory of the time of signing the same.
Witness my hand at office this Martch the 1st 1871.
W. C. Dabbs, Clerk