contributed by Dick Wood, December, 2004

John Elliott’s Will (1857)
Marshall County Will Book B, pages 58 & 59 and pages 62 & 63

I, John Elliott, of the County of Marshall and State of Tennessee being sound in mind and enjoying Common health, knowing that life is uncertain and death is sure, to dispose of other than the manner in which the laws of the land would do were I to die intestate, do in view thereof, 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 – My will and desire is that my body be decently and in a Christian like manner interred, without any funeral display, and that my funeral expenses and all my just debts be paid out any money I may die seized and possessed of or which may first come into the hands of my executors.

Second – I give and bequeath to my wife, Martha A. Elliott, all the remainder or residue of my Estate of every kind and description, Real, personal or mixed, for and during her natural life – for the benefit of herself and her servant family, giving my wife Martha the privilege of selecting the pieces of property to be sold to pay my debts and funeral expenses.

Item Third – My will and desire is and I do so devise that my Negro Slaves, Edmund and Malinda, Elizabeth and George, together with their future increase shall be freed at the death of my wife, Martha A. or sooner if the said Martha A. sees cause to release them at which time or so soon thereafter as is practicable my Executors shall take my Slaves above named to a free state and purchase for them to have and to hold, owned jointly one hundred and sixty acres of land as good as can be bought at government prices, and place them on it and leave Them in a condition to live and make plenty to Support.

Item Fourth – My will and desire is and I do so devise that at my death or as soon thereafter as my wife Martha and my Executors may see fit, give to my wife the right to say that my executors sell all or any part of my real estate and that they have full power to make title in fee simple to the purchaser or purchasers thereof whenever the full purchase price is paid for the same and in case any land should be sold at my death, then and in that case my executors shall pay over to my wife Martha A. the Interest accruing thereon at the end of each year or if my beloved wife Martha A. shall prefer removing to and go to the state of Missouri, then in that case my executors shall take of the proceeds of my estate and purchase for her of her own choosing for her to have the use, benefit and control of during her natural life at least eighty acres of land for her and her servant family to live.

Item Fifth – It is my will and desire that at the death of my wife Martha A. all my estate, both real and personal, be sold (except the slaves heretofore mentioned) and the proceeds of all other to be thrown together as a Solid fund out of which I make the following bequests – First I will and bequeath to Edmund, Jane & their family the following gifts: to Edmund the sum of Two Hundred Dollars, to Jane, two hundred Dollars, to Malinda two hundred dollars, to Elizabeth two hundred dollars & to George two hundred Dollars making in all One Thousand Dollars. The 160 acres of land to be purchased as before mentioned out of the amount hereby set apart to my said servants as the same is for their benefit, use and behoof after filling the above bequests my will and desire is and I do so devise that One half all the remainder of my estate shall be the property of my wife Martha A. and subject to any will or devise that she may make and my executors shall look to and and dispose of the same in accordance with the will or directives of the said Martha A. as set forth by her in the Form of a last will or any gift…….

[end of page 59. Two other wills appear on pages 60 & 61 and this Will resumes on page 62]

….of writing of the said Martha A., the other half my Estate shall be disposed of as follows to wit:
I give to James Nix Thirty Dollars for his own special use. I give to my Sisters Lydia Arthur, Mary Gilbert, James Elliott, the heirs of my brother, Cornelius A. Elliott, Dec’d and the children or heirs of Eli Elliott, Dec’d, share and share alike, the heirs of each deceased brother taking the share of their father had he been living.

Sixth – I give to Edmund & Jane in addition to the forgoing bequests, all their clothing, beds and bed clothing & other articles which they have a right & legal claim to in their house. I also give unto George my writing table and to Jane the side saddle she uses. I also give unto Malinda the bed, bedstead &C she has in the kitchen.

Seventh – My will and desire is that my Servants live with and work for and carry on & obey my wife Martha A. alone so long as she shall live for her and their benefit and that said servants prove to be good and obedient Servants to the said Martha A. and that my wife Martha A. learn or cause to be learned the children of the said Jane to spell and read will in the Bible & Testament and that she may see that their morals are well taken care of.

Eighth – My will and desire is that my Executors proceed to purchase the land heretofore named in this my last will to be purchased for my servants Edmund, Jane & their family at as early a period as they have money enough in their hands of my Estate to do so, whether my wife Martha A. be living or no, and if the said Martha A. be living at the time of the said purchase, That my executors lease out said lands so as to bring it in a state of cultivation against the time specified for my said servants to receive the same.

Ninth – Lastly I hereby nominate and appoint my worthy friends David McGahey and Martin W. Oakley my Executors to this my last will and testament. In testimony of all which I hereunto set my hand and seal this 24th day of October in the year of our Lord One Thousand and eight hundred and fifty seven.
John Elliott {his Seal}

Made and published by the said John Elliott as his last will &Testament and we have become subscribing witnesses thereto in the presence of the testator and at his special request. This 24th Day of October A. D. 1857
R. K. Kercheval (Jurat July 5) 1858
J. J. Elliott
James S. Webb (Jurat July 5. 1858 October 26, 1857) James Boyet) Jesse Boyet) Josiah Boyet

STATE OF TENNESSEE)
MARSHALL COUNTY ) County Court July Term 1858
Personally appeared here in open court R. K. Kercheval & James S. Webb subscribing witnesses to the forgoing will who after first being duly qualified proved the due execution of the same as the law directs. Which was Therefore ordered by the Court to be recorded.
Witness my hand at office July 5, 1858
S. Tally, Clerk

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John Elliott’s Will (1858)

Marshall County Will Book B, pages 218 & 219

I, John Elliott, do publish this my last will and testament hereby revoking and making void all other wills by me at any time made.

1st, I direct that funeral expenses and my just debts be paid as soon after my death as possible out of any money that I may die possessed of or that may first come to the hands of my executor.

Secondly. I also bequeath to my son James Elliott [a corner of the page is torn off] (I believe it is) hundred dollars and house [corner of page torn off] which he has heretofore rec’d.

Thirdly. I will and bequeath to my son George W. Elliott after my funeral expenses and debts is paid an [? word not legible] Gelding,

Fourthly. I will and bequeath to my beloved wife, Mourning Elliott, the____ ___(bank)_____ I live on and all the Balance of my estate that I may die seized and possessed of during her natural life and at her death to my Daughter Elisa M. Elliott and my son Joseph A. Elliott all to be equally divided between them.

Fifthly. It is my will and desire that there should be no sale of my property at my death except it thought to be necessary to pay my debts or [blurred, not legible].

Lastly. I do hereby nominate and appoint my son, Joseph A. Elliott, Executor.

In Witness whereof I do to this my last will set my hand and seal this 19th day of January 1858.

John Elliott {his Seal}

Signed, sealed and published in our presence And we have subscribed our hands hereto in The presence of the testator this the __of January 1858.

John F. Ferguson Jurat Sept. 2 1867

John A. Jones ” ” ” ”

STATE OF TENNESSEE)
MARSHALL COUNTY ) County Court September Term 1867

Personally appeared here in open Court John F. Ferguson & John A. Jones, the two subscribing witnesses to the forgoing will, who, after first being duly sworn, proved the due execution of the same as the law directs, which was ordered to be recorded.

Witness my hand at office this September 2nd 1867.

R. L. Adams Clerk