Will of Robert Owen
[Will Book 1, pages 77-80 (transcribed by Pam Collier)]


I Robert Owen being of sound mind and desiring to dispose of my property to take affect [sic] at my death Devise and Bequeath the same as follows to wit:

First

I give and devise to my son James R Owen the following described land to wit: Beginning at the center of the spring branch at the South West corner of a 92 acre tract now owned by A. L. Spears near a Walnut tree on the North side of said branch. Thence with Spear’s line in a North or North Easterly direction to his North East corner and thence in the same direction to the center of Little Sequatchie Creek. Thence up Sequatchie Creek as it meanders to James R Owen’s corner known as the Pryor land. Thence with said Owen’s line in a South westerly direction to the center of the public road leading from Jasper to Victoria. Thence down said road to the corner of the farm lands now owned by Coppinger. Thence with Levan’s & Coppinger’s line up Sequatchie Cove in a Northerly direction and on with Levan’s line up the side of Cumberland Mountain crossing a large lagoon near a large Poplar stump near the foot of the mountain. Thence up the mountain so as to include the high point opposite to where the said Owen now lives and so as to include a Suphur [sic] or Chalybrate [sic] Spring at the top of the mountain not far from said high point. Thence with my South boundary line to the bluff of Saw Mill Creek. Thence with my line in Southerly direction to the dry creek so as to include all my land North of the dry creek except that part herein after mentioned and so as to include the House Barn and improvements where J. R. Owen now lives. Thence down the dry branch or creek to the center of the road leading from Jasper to Victoria at a point not far from and to the South of the Methodist Church known as Owen’s Chappel [sic]. Thence with the center of said road in a Northerly direction to Ship & Temple’s line, thence around with their South West and North line to Ship and Temple’s North East corner not far from and North East of the Rail Road Depot. Thence with Wm Owen’s line to the Beginning.

Second

I give and devise to my son William Owen the following described lands to wit: All the lands to which I have heretofore executed a deed to him adjoining the lands of A. L. Spears, P. H. Cook, Lasater and others. I also give and devise to him the following tract of land to wit: Beginning at the center of the road leading from Jasper to Victoria at a point where the dry branch or creek crosses said road South of and not far from the Methodist Church known as Owen Chappel [sic]. Thence up said branch with the line of the tract herein before devised to James R Owen to my line on the Cap of Cumberland Mountain. Thence with my line in a Southerly direction to a point opposite the cross fence between the Apple Orchard and Peach Orchard on the Wells place on the side of Cumberland Mountain. Thence a strait [sic] line to the South West side of said cross fence then in the same direction with the fence to the North East end of said fence so as to include the Apple Orchard, thence to P. H. Cook’s North West corner of a 30 acre tract of wood land owned by said Cook on the side of Cumberland Mountain. Thence with Cooks North boundary line to his North East corner. Thence in a strait [sic] line to the centre [sic] of the road leading from Jasper to Victoria at P. H. Cook’s North west corner not far from the old Baptist Church, thence up the center of said road to the Beginning.

Third

I give and bequeath to my daughter Jane Lasater wife of Frank Lasater to her sole and separate use free from the marital rights of her said husband Frank Lasater or from the marital rights of any future husband that she may hereafter have the following described lands to wit: Bounded on the North by the tract of land heretofore devised to William Owen and by the lands of P. H. Cook and William Owen and on the south by the lands of B. Lasater and on the west by B. Lasater so as to include my lands south of the lands devised to William Owen and including Wells place except such parts as have been heretofore devised to William Owen, also about forty five or fifty acres of land bounded on the south by A. L. Spears 92 acre tract on the west by the lands heretofore devised to James R Owen on the south by the lands of W. Turner, and on the East by Little Sequatchie Creek all of which lands herein devised are situated in the 7th civil district of Marion County Tenn.

Fourth

I further will and desire and so direct that my son James R Owen shall pay to my daughter Jane Lasater five Hundred dollars at such time and in such sums as they may agree on for the purpose of educating her children and said sum is hereby made a charge on the lands heretofore devised to him, the said James R Owen.

Fifth

I further will and devise and direct that neither of my three children shall be required to account for or be charged with any use or occupation of any of my lands during my lifetime but it is my will that the use and occupation of said lands that either of them may have had heretofore or that either shall have hereafter shall be free and no account shall be taken of the matter for any purpose whatever.

Sixth

I further will and direct that if either of my three children shall die before I do then on my death the children of such deceased shall take what is herein devised to their ancestor and if my son William Owen die without children then upon his death (whether he die before or after I do) the property herein bequeathed & devised to him shall go to his brother and sister share and share alike except the portion or tracts of land heretofore deeded to him by me which will upon his death go to his heirs.

7th

I hereby nominate and appoint my son James R Owen my Executor and direct that he shall as soon after my death as possible pay my burial expenses and all my just debts (if I have any debts unpaid) out of any property I die seized and possed [sic- possessed] of January 20th 1886

Robert Owen

Signed and acknowledged in our presents and we sign as witnesses at his request and in the presents Of each other and the testator

A. L. Spears
J. Pryor
W. T. Rogers
A. L. Pitts


Whereas I Robert Owen made my last will on the 20th day of January 1886 Devising certain lands to my sons Wm and James R Owen and to my daughter Jane Lasater and whereas I have since the date of said will sold some of the lands therein willed to J. R. Owen thereby revoking said will to the extent of such sales. Now therefore I by this Codicil to said will do hereby confirm said will in all things not revoked by the sale of said lands. And I further give and devise to James R. Owen all the moneys notes and proceeds of the sale of said lands that may be on hand and not otherwise disposed of by me at the time of my death. And I make this as a codicil or addition to my will which bears date Jan 20th 1886 to which original this is attached this May the 4th 1891.

Robert Owen


Signed and acknowledged in the presents of A. L. Spears, & A. L. Pitts who signed this as witnesses at the request of the Testator and in his presents and in the presence of each other May 4

A. L. Spears
A. L. Pitts Sr.