I Obediah Beene do make and publish this my last will and testament hereby revoking and making void all other wills by me ant [sic- any] time made.

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

Secondly I give and bequeath to my beloved wife Barbara during her lifetime or widowhood the North west part of my tract of land whereon I now live Beginning on a large poplar at the point of the mountain between the residence of James M. Wynne and Samuel Raulston running thence a northwardly direction to a Spanish oak on the bank of a drain out with a deep notch on one side thence running up said drain with its meanders to the ford where the road crosses the said drain leading from my house, down the cove, Thence running northwardly up the mountain and westwardly to the best advantage for the place to include the spring and necessary timber making fifty acres mountain land, also fifty acres beginning at the beginning corner as above stated running southwardly up the mountain thence westwardly to the best advantage for the benefit of timber supposed to contain in all about two hundred acres or upwards.

Thirdly, either at the death or marriage of the said Barbara the said bequest as above stated to the exclusive benefit of my son Lemuel J. Beene and should the said Barbara survive until my son Lemuel J. becomes of lawful age then and in the case as long as they may both live each one the said Barbara my wife and the said Lemuel my son to have equal interest in the benefit of said described land and premises on the proviso as before stated,that she shall then remain single or conduct herself in a Chaste and virtuous manner and after her death the said bequest to wit the land before described to go to the entire and exclusive benefit of the said Lemuel J. my son his heirs &c, I further bequest all the house hold furniture and kitchen furniture to my wife Barbara with the benefit and use of my negro man Hiram and my negro woman Ann with a sufficient quantity of stock of all kinds that belong to the place for the benefit of the family on the same conditions as above stated and the balance of my slaves to wit Juda ann [sic], Isaac, Rosanna, Sam, Bob, and Lewis to be hired out yearly amongst the heirs of my executors and the proceeds to be kept for an equal distribution amongst the heirs after the youngest child becomes of age.

Fourthly, I bequeath to my son Owen. R. Beene the tract of land where the said Owen R. now lives known by the name of the Jonathan Eaves tract sixty acres of which saved by warrant and fifty acres being an equal moiety of one hundred acres on the mountain in all one hundred and ten acres which I consider to be worth eight hundred dollars not knowing that he may share an equal part I wish him to account for the interest of the said eight hundred dollars after the first of January one thousand eight hundred and forty eight as an heir on settlement with the Executors until the youngest heir comes of age, which will be in addition to the eight hundred dollars.

Fifthly I bequeath to my daughter Martha the part of my land as herein described to wit, including the improvement whereon Samuel McBee now lives on the point of the mountain together with that part lying in the botton [sic- bottom] adjoining the land of the heirs of Thomas Wynne on the north side of the drain containing some where about Twelve acres more or less which will be over and above her equal part in consequence of her unfortunate situation she shall likewise share an equal part in the distribution of the property when the youngest child becomes of age. I also appoint my Executors as Guardian for her the said Martha.

I bequeath to my son Samuel Beene as equal part of the estate when the distribution is made he to have after the said Samuel makes deduction of four hundred dollars money due me from him together with the interest from the first day of January 1841

I bequeath to my son-in-law Benjamin McMahan an equal part of the distribution when the distribution shall be made after the youngest heir becomes of age with the additional sum of one hundred dollars out of the proceeds of the sale of surplus property that will be first sold.

I bequeath to Samuel Roulston and equal part of the estate when the distribution of the property will be made after the youngest heir becomes of age deducting the sum of one hundred and eighty two dollars with interest on the same from the first day of January next, I also bequeath unto him the tract of land whereon he now lives as described in the deed from Henry Gotcher to me, containing forty acres.

I bequeath to Mathew Wynne and Daniel Willson my sons inlaw [sic] each an equal part of the estate when the distribution is made as above after making a deduction of three hundred and sixty five dollars bearing interest from the first of January next due from them jointly to me.

I bequeath unto James M. Wynne my son inlaw [sic] an equal part of the estate when the distribution is made as before stated.

I beqeath unto the youngest children living with me to wit: Mary, Barbara, Fannie and Lemuel J. each as they become of age or marry property equal in amount to what has heretofore been given each of my children as they married.

I further wish the land I have bequeathed to my son Lemuel J. Beene to be considered in value worth eight hundred dollars which he is to have without any additional pay if the same fails to make him have an equal share he is to be made equal in the distribution of the estate when distribution is to be made as above stated.

I further bequeath to my children James M Wynne my son in law Mary, Barbara and Fanny the benefit of the balance of my deeded land that I have not heretofore named unto my youngest heir becomes of age, and then to be disposed of by my executors as my other property in making an equal distribution amongst the heirs. I further desire my Executors to bring out a Grant for my mountain Entry of five Thousand acres which is to be disposed of by them as the other property an equal distribution is to be made as before stated.

Lastly I hereby nominate and appoint Samuel Beene and Owen R. Beene my Executors in witness whereof I do this my last will set my hand and seal this 12th day of July 1840.

Obadiah Beene (seal)


Signed sealed and published in our presence and we have subscribed our named [sic] in the presence of the testator the 12th day Of July 1840

Robert Beene
Brice Byrne
Lewis Payne

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A true copy of Obadiah Beene's Will

State of Tennessee
Marion County

I David Rankin Clerk of the County Court of said County do hereby certify that the foregoing is a true and perfect copy of the last will and testament of Obediah Beene Deceased that is now on file in my office.

Witness my hand at office in Jasper this 5 day of August 1840

D. Rankin Clerk


State of Tennessee,
Marion County.

I, James S. Deakins Clerk of the County Court of Marion County Tennessee do hereby certify that the above is a true and perfect copy of the record of a certified copy of the last will and testament of Obediah Beene deceased, together with the certificate of D. Rankin former Clerk of the County which was probated on the 1 day of December 1890 in minute Book M. pages 87-88.

Given under my hand and seal this Dec. 17 1890.

James S. Deakins
County Court Clerk