Marshall County Will Book A, page 16

Christopher Houston Will (1836)

In the name of God amen. Hallowed be his name let men and angels respect the sound Hallowed be his name. I Christopher Houston of Marshall County Tennessee being aged and Infirm of body but of sound mind and memory (blessed be God) do this Twenty first day of May in the year of our Lord one thousand eight hundred thirty six make constitute and ordain this my last will and testament in manner and form following. that is to say

I will that all my moveable property (my black people my library and such other things as may be particularly mentioned hereafter as givin to any particular person excepted) be sold by publish vendue

I give to my beloved wife Elizabeth the use of the farm on which I now live containing two hundred acres during the term of her natural life to cultivate as she may think fit & to have full power to cut timber for firewood and repairing fences of buildings but not to sell or dispose of otherwise with all the houses and outhouses priviledges & profits belonging to the same.

I also give her my beloved one house or more choice of my stock, together with her saddle & bridle and if she chooses a mare with her colt not weaned it must go with its dam & also two cows and their calves if sucking all these are to be her choice of my stock. I give her also the Spectacles which I now use.

I give her also the service of any two of Meleys children which she may choose the one a male the other a female belonging to me, during her widowhood and also the service of any two of Meleys grandchildren belonging to me during the term of her natural life. provided however that she relinquish her claim of two hundred dollars promised in our marriage contract, and upon her so doing I give her also one hundred dollars.

And as I have now in my hands Two hundred and thirty two dollars with Interest from the beginning of the year 1834 I will that she be paid principal & interest from the date afforesaid as the principal was her money.

And I do hereby quit claim to all the property she brought with her to me and all or any property which she may acquire hereafter by gift Legacy or bequest.

I also give her my beloved wife one year provision.

I will that the tract of land on which I now live be sold after the death of my widow and the money thence arising be equally divided between my daughter Martha London and my daughter Sarah Young.

I give bequeth & devise to my daughter Lilias Bills a tract of land on Elk ridge containing sixty three acres but with this reserve. Viz. that my Executors have the use and contract of the same until all my debts and the legacies herein mentioned and all expences of administration be paid or payment provided for exceptin however the of Martha London and Sarah Young which can not perhaps be called for. within many years with all the appurtenances and emolumerts thereunto belonging or in any wise appertaining to her heirs and assigns forever-

I give bequeath & devise to my son James Houston the tract of land which I bought of him containing fifty seven & a half acres with however the reservation as that above mentioned as that of Lilias Bills to him his heirs and assigns forever, and where as I have some land in the County of Iredell North Carolina which perhaps may not all be sold before my decease I give bequeath & divise the whole of it, if any remains unsold to my daughter Sara Young her heirs and assigns forever with its appertenances privileges and emoluments what ever I give to my daughter sara Young Scott family bibl and also five voums of his theologicil works.

I give to my son Placebo the whole price of the land which he sold (all that the reainder unpaid) to John Wooten for the purpose of procuring books for the use of his family and my daughter Sara Young equally.

And if any more of my land in Iredell is sold or can be here after whether before my decease or not I will the price thereof to my daughter in law Patience Houston Venns complete duty of man and all the rest of my Library I will to be equally divided into four shares one of which shall belong to my widow and the other three to my three children in this State, namely Martha Londaon, Lilias Bills and James Houston.

I give to my Executors Executrix hereafter named all the Right that the laws of our State give to me to dispose of my black people as other property (in trust for the benefit of the black people themselves) It is however my will that my Executors and Executrix hold said slaves in their hands until all my debts be paid & legacies and all necessary expences be paid or payment provided and that they then, or as soon after as may be practicable send them to Liberia in Africa there to be emoncipated excepting thoses that may have to serve my widow which cannot be done untill their time of servitude expires.

And as I have given into the hands of my son Placeba the whole price of the land he sold to John Wooten it is not to understood as giving him back what has been paid to me but only what reamis [remains?] unpaid and if I should hereafter see fit to give a deed of Gift to any other person with an intention to make the afor the liberation of my Black people more certain it is not to overthrow anything herein contained but to accelerate & insure the freedom of my black people

And I mention it here to prevent collission and to satify my Executors & Executrix. that if those to whom the deed is made shall succeed in sending my black people to Liberia afreeably to the intention of the deed of Gift then in that case my Executors & Executrix are exonerated from attending to the disposition of them but lest difficulties should be thrown in the way of Executors by making a deed of Gift I make it to my Executors

In addition to what I have givin to my widow I also give her the the cupboard together with its contents

And if any of my heirs shall by or any means interfere with design to counter act my will, he she or they so doing shall thereby forfeit all right title or interest in or to any property which I may leave on earth

The names of my black people are as follows. To wit. Meley, Austin, Juna, Limas, Maria, Violet, Malinda, Nelson, Van, henderson, Rosanna, Louisa, Lucinda, Charles, Jefferson, Jacob, M, Gusta, James, Chelsey, Ralph, Madison, Joel, Bolicar –

If any of my heirs herein mentioned shall died before the Execution of this will leaving Issue. the part alloted to the deceased shall be givin to such heir or heirs equally

And all if any increase of the black people by the birth of same shall be liable to be sent to Africa with their parrents who choose to go there, as all the minors must. but not before all my debts or legacies are paid excepting Martha Londaon and Sally Young which perhaps cannot be done during several years as it depends on circumstances –

I do hereby make constitute & ordain Col. John Orr John Ramsey, William Cowden. Esqr. James Houston, James S. Haynes Esqr, Executors and my beloved wife Elizabeth S Executrix of this my last will and testament –

I do hereby revoke and disannul any and every will by me made heretofore and established this my last will and testament.

And now wishing peace on earth & good will to all upon it I resign my body to the dust and my Spirit to God who gave it, hoping and trusting that he will not with standing my great unworthiness. prepar me for that Blessed abode where peace forever reigns.

In Testimony of all which I have hereunto set my hand and seal this day and date above written.

Christopher Houston (Seal)

Test

Elijah Alexander
James Osburn
J. C. Osburn

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Elizabeth HOUSTON Will (1844)

Marshall County Will Book A, page 75

In the name of God Amen, I Ellizabeth Houston being sound of mind but of feeble health make this my last will and testament.

First I resign & commend my Spirit to God who gave it & my body to its mother earth.

2nd I will that all my lawful debts be paid.

3rd. I give and bequeath to my four black people (viz) Lemar, Maria, Lucinda and Jefferson one hundred dollards each.

4th I give and bequeath to my brother William his wife Margaret U their children Eliza Sparkman & Matthew P. all my persihable preperty and all my other effects not otherwise diposed of.

5th I give and bequeath to Eliza Vincent Ten dollars, I appoint my friends Thos. J. Kenedy & Robert Cox my Executors to this my last will and testament February 17th 1844

Elizabeth Houston

Test: James S. Haynes, John Alexander, John L. Foler, Jane M. London, Cafsunder McCanlass, Mary H. Wright.

State of Tennessee
Marshall County. County Court March term 1844

I Martin W. Oakley clerk of the county court certify that the foregoing will was duly proven in open court by the oath of James S. Haynes and John Alexander. and on motion was ordered to be recorded. M. W. Oakley Clk