Submitted by Denise L. Cozart

Will of Joshua Cozart, 1851
Probate Court, Madison County, Tennessee
Roll 533, Book 5, Pages 107-109

Joshua Cozart
Will
Proven at Dec. Term 1851
See Minute Book No. 6, p. 406

I, Joshua Cozart, do make and publish this as my last Will and Testament hereby revoking and making void all other wills by me at any time made.

First — I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of moneys that I may die possessed of or may first come into the hands of my Executors.

Secondly: I give and bequeath to my beloved wife Elizabeth Cozart, during her natural life or widowhood, my tract of land on which I now live and stock of all kinds on it or belonging to me; also my farming utensils, household and kitchen furniture; together with all my slaves except my slave – named Green.

Thirdly: After the decease of my beloved wife my tract of land to be equally divided by a North and South line between my son Joshua M. Cozart and my daughter Mahuldy Cozart. I also give and bequeath to my son Joshua M. Cozart my slaves – Hester and her son John. And likewise to my daughter Mahuldy my slave – Martha, also to her one hundred dollars to be paid over to her by Executors as soon as collected out of the cash notes now in my hands.

Fourthly: — I give and bequeath to my grand son Berry M. Grey and my grand daughter – Cintha A. E. Grey my slave Green valued at Six hundred dollars.

My will is that my wife Elizabeth Cozart take my two grand-children, Berry M. Grey and Cintha A.E. Grey, under her care control; and the slave Green under her management and control whose services is to defray the expenses of their board clothing and schooling, till the two children are of age, but should my wife die before they are of age I will that my son Joshua M. Cozart and my daughter Mahuldy Cozart have the same control of these said children and my slave Green as directed above that my do. But should both these children die, I will that slave Green revert to my heirs named in my will.

Fifthly: — I give and bequeath to my son Gilbert Cozart a slave, Jeff, valued at three hundred and fifty dollars which he has already in his possession.

Sixthly: — I give and bequeath to my son Madison Cozart a slave – Sam valued at four hundred dollars, which he has already in possession.

Seventhly: — I give and bequeath to my daughter Jane Hathaway a slave – Lidia Ann, valued at four hundred dollars whom {s}he has already in possession.

Eighthly — I give and bequeath to my daughter Malinda Allen a slave – named Jack valued at four hundred dollars which she has already in possession.

Ninthly — I give and bequeath to the heirs of my son William D. Cozart, deceased, viz., Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Newton Cozart, Henderson Cozart and Jasper Cozart. These last mentioned six to be considered as one heir; A. Haywood Cozart and Thornton L. Cozart; And as one heir Cintha A.E. Grey and Berry M. Grey, be made equal in this final division of my moneys and effects, including what they each have already received as I have mentioned above.

Lastly: I do hereby nominate and appoint my two sons Gilbert Cozart and Joshua M. Cozart my Executors.

In witness whereof, I do to this my will, set my hand and seal, this 27th day of _____ 1851.

Joshua Cozart seal

Signed, sealed and published in our
presence, and we have subscribed
our names hereto, in the presence
of the Testator, this day of 1851.

Test. Bird S. Jones
Test. Thomas Wright