Transcribed from microfilm copy of original Will in the TN State Archives
by Melanie Atkins melanieatkins@chartertn.net 28 Oct 2003

Will of Ezekiel B. McCoy; dated 3 March 1838; presented in Court April 1838
Recorded in Will Book 2, Pg. 288-291
Madison County, Tennessee

In the name of God, amen, I, E. B. McCoy being infirm but of perfect mind & memory, do make this my Last Will and Testament.

Article first:I Will Soul to God and body to the Tomb to be decently buried at my own grave yard.

Article 2nd: I Will & bequeath to my beloved wife Ann L. McCoy in lieu of her dower of Land I give her four hundred dollars in cash, also I give her my negro woman named Holley, also one negro boy name Henry, also two horses, first to be chosen by herself out of all my horses except one, also three milch cows, & three head of any cattle, also two Sows & pigs, & twelve head of other Stock hogs, also one yoak of oxen, old waggon also three feather beds and furniture, also one China press, & one Sugar chest, for her to have & to hold during her natural life or widow hood and at her death or intermariage with any other person, then and in that case, the property to be Sold & Equally divided among my children that I have or may have by her.

Article 3rd: My Will is that all my Landed Estate that I may be possessed of at the time of my death Shall be Sold on a credit of one, two & three years at the equal & anuel instalments, & that all my Stock of Horses, cattle, Hogs of Every kind, Household & kitchen furniture, all that has not been or may hereafter be bequeathed otherwise, to be Sold on a credit of twelve months & the proceeds of Such Sales as are above Specefied to form a fund out of which all my Just debts are to be paid of which however is but very few, also all legacies that I may have or have after yet is to be added to the Same fund & equally divided amongst all my children Except that which I may otherways devise.

Article 4th: My will is that Ezekiel T. McCoy & John D. (G.) McCoy & Newton A. McCoy & Eliza Ann McCoy is to have each of them as good a horse as Thos. J. McCoy gets, & also equally as good education out of the money not otherwise appropriated.

Art. 5th: My will is that all the money that I may get from the estate Michal Gleaves, decest & also all the money that I may get from the Sale of the property & hire of the Negroes of the estate of Rachal Gleaves, decst. is to be divided equally among my first wifes children, the Said money is to be collected by my trusty friend Thomas J. Hargis to whom I appoint for that purpose, also if I Should recover any negro property from the above named Estate, to which is in Suit in Chancery, it is to be divided equally also among my first wifes children to them & their heirs forever.

Art. 6th: As to my lands in the Republic of Texas, I constitute Wilson Ewing & John D. Gillespie and appoint them Executors to attend to the lands in the following manner to wit, my Will is that my Sons Shall have two thirds of all the lands that I have in Said Republic to be Equally divided among them & my daughters is to have the remainder Equally divided among them. Both sons & daughters is to have the benefits of Said lands enduring their life & after their death to belong to their children forever.

Art. 7th: My will is that my negro man Isaac & his wife Sarah is to remain with my family till my youngest child becomes of age provided that they behave themselves well & if they do not, they or either of them as the case may be, Shall be hired out year by year till my youngest child becomes of age, & the proceeds be appropriated to the education of my children. My Executor & two Justices of the peace that he may chose is to be Judges of their conduct & when my youngest child becomes of age the Said negroes is to chose their master & be Sold to him & the proceeds of the Sale is to be Equally divided among all of my children.

Art. 8: I give & bequeath to my daughter Abigail Louisa Hobbs one negro girl named Jane & her Increase as to have and to hold untill her death & afterwards to her heirs forever.

Art. 9th: I give to my Son Dixon one negro boy named Ephraiem to have and to hold him & his forever.

Art. 10th: I give to my son Thomas J. McCoy one negro boy named Sam to have & to hold him & his forever.

Art. 11th: I give to my Son Ezekeal T. McCoy one negro boy named Andrew to have & to hold him and his forever.

Art. 12th, I give to my daughter Rachal Caroline Whitworth four hundred Dollars in cash in lew of a negro.

Art. 13th: I give to my daughter Margaret Caffry, four hundred Dollars in lew of a negro.

Art. 14: I give to my daughter Izabella Harges one negro girl named Rebeca & her Increase to have and to hold during her life & after her death to her children forever.

Art.15: I give to my daughter Martha one negro girl name Martee & her Increase to have & to hold hers & her heirs after her death forever.

Art. 16th: I give to my Son John G. McCoy one negro boy named Nathan to him & his heirs forever.

Art. 17th: I give to my Son Nathan (Newton) A. McCoy one negro boy named Washington to him and his heirs forever.

Art. 18th: I give to my daughter Ann Eliz McCoy four hundred Dollars in lew of a negro.

Art. 19th: My Will is that my negro boy Hiram is to be hired out till my youngest child becomes of age & the proceeds of his hire to be appropriated to the education of my children.

Art. 20th: My Will is that my negro girl Amy is to remain with the family till my youngest child becomes of age then to be Sold, her & her Increase if any to Some of my children to the highest bidder, & whosoever gets them or her, as the case may be, they are to belong to the purchasers and their heirs forever.

Art. 21st: My will is if Ever there is any Emancipation law past by any Government that any of my Slaves may be in, they Shall be emancipated agreeably to the laws of the land, any devise to the contrary not withstanding.

Art. 21st: (21st used twice) I want it distinctly understood that all the lands & negroes that I have given or bequeathed to my children Shall remain with them during their natural life, barring them or any other person from Seling or conveying away the Same as long as they may live and after their death the property is to (be) Equally divided among their children.

This I make my last will and Testament revoking all others and do constitute and appoint my trusty friend to Execute it as signed & sealed on this 3 day of March in the year of our Lord one thousand eight hundred & thirty eight all obliterations & interlineations was made before assssigned.

E. B. McCoy
(Seal)

Witness: Fleming Willis

County Court April Term 1838. Then the foregoing Will was produced in Court the Execution thereof was proven by Fleming Willis the subscribing witnesses to said Will & the hand write of said dec’d was proved by the oath of Amos Williams.

M. B. Stewart