Alexander Hobby Will (1832)
contributed by John Hobby, August, 1999
Marshall County Will Book A page 294
I, Alexander Hobby being of sound mind and in the enjoyment of my usual health but being advanced in years, do make and publish this as my last will and testament in manner and form following, hereby revoking and making void all former will that I may have heretofore made. In the first place, I desire and so devise, that all my just debts and funeral expenses be paid out of any moneys that I die possessed of, or which may first come into the hands of my executor.
Secondey – I give and bequeath unto my beloved wife and aged companion Sarah Hobby all of my lands that I may die possessed of to be hers and for her maintenance during her natural life, except that portion represented by the annexed plat marked “lot No. 4, hereinafter divised to my daughter Sarah and her husband, Levi Hawkins which lands is fully represented by the following plat of my lands. I also bequeath unto my said wife her bed, bedstead, and furniture, one horse beast, one cow, one barshear, shovel and bull tongue ploughs, one complete set of plough harness ready for use, one falling axe also all our cupboard and kitchen furniture that she may choose to retain, to be used by her during her natural life. I also direct that she have the use of my wheat fan and stands, together with my wagon and oxen during her life as above stated and as many of my stock of hogs as she may think proper to keep. My lands I have caused to be divided into lots as represented on the foregoing platt and devise them as follows:
Thirdley – That part thereof represented as Lot N. 1 containing Twenty-six acres and forty five poles, bounded thus. “ Beginning at stake on the bank of the Snow branch running thence South 84 Deg. West Sixty six poles to a rock then North 81 1/4 deg. W. eighteen poles to a stake then South 78 1/2 deg. twenty three poles to two pawpaws thence South about seven poles to a stake then North 88 1/2 deg. West Thirty five poles to a stake thence S. nine poles to a stake in Wm. Tomlinsons line, thence S. 88 1/2 deg. East with his line about Thirty six poles to a beech
stump thence South twelve poles to a stake then South 88 1/2 East about one hundred and twelve poles to a white walnut near
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the Snowbranch- thence Northwardly and with the channel of said branch to the beginning. I give and bequeath unto my son Calvin Hobby to be his and his heirs forever after that his mothers life estate therein as specified above – shall have terminated but not before.
FOURTHLEY – I give and bequeath unto my son Green Hobby the lot represented as No. 2 containing about seventeen acres and twenty-seven poles “Beginning at stake on the bank of the Snowbranch corner of Lot #1 as above, running thence with said lot South 84 deg. West Sixty six poles to a rock – then North 81 1/4 deg. West Eighteen poles to a stake – then North thirty six poles to a small Box Elder in S.A. Glenns line – thence with said Glenns line down the channel of a small branch to his South East corner – thence with his line down the channel of the Snow branch to the Beginning to be his and his heirs forever, after that his mother’s life estate therein shall have terminated, but no before.
Fifthey – I give and bequeath unto my daughter Sarah and her husband, Levi Hawkins the portion of my land as above by lot #3 containing by estimation Sixteen and one fourth acres bounded this, “Beginning at a small Box Elder in S. A. Glenns line being the N. W. corner of Lot No. 2 running thence with said Lot South Thirty Six poles to a stake – then South 78 1/2 deg. West Twenty three poles to two pawpaw thence South about seven poles to a stake thence North 88 1/2 deg. West Thirty five poles to a stake; thence South nine poles to Mrs. Tomlinsons line, thence North 88 1/2 deg West with her line about five poles to the South East corner of lot No. 4 as laid on the platt – thence North with line thereof Six poles to a stake with a dogwood pointer then North 37 Deg. West twelve poles to a stake or rock, thence North Thirty poles to a stake with a small walnut pointer in S. Wilson’s line thence South 88 1/2 Deg. East with said line to where it intersects the small branch that runs between and divides my lands and S. A. Glenns. – thence down said branch as it runs to the place of beginning to be their and their heirs forever, after that my wife life estate therein as above shall have terminated but not before. This lot I originally intended for my son Alfred Hobby but in consequences of a consideration paid by the said Levi Hawkins
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and his wife to the said Alfred Hobby. I now devise it to them instead of him. I also give and bequeath unto my said daughter Sarah Hawkins and her husband Levi Hawkins that portion of my lands as above represented by lot No. 4 containing b estimation Nineteen acres and seventy eight poles, bounded thus “Beginning at a beech by South West corner – thence North 15 Deg. West with Overtons line now S. Wilsons thence Forty six poles to a stake in S. Wilsons Sr, line-thence South 88 1/2 deg. East with said line Seventy Four poles to a stake with a small walnut pointer the North West corner of lot No. 3 thence South the West line of said lot Thirty poles to a rock or stake with dogwood pointers – then South six poles to Wm. Tomlinsons line thence North 88 1/2 deg. West with said line about seventy one poles to the beginning to be their heirs for ever free from any encumbrance – for I so devise that this portion of my land shall not be encumbered in any ways – but shall descend to them whenever I shall have no further use for it. I also bequeath unto my said daughter Sarah Hawkins all of my household and kitchen furniture not herein before devised to my wife. Also I devise that all of my personal property herein devised to my said wife shall unure to and belong to my said daughter, when my wife shall cease to have any use for it, except my wagon and wheat fan, which I devise and so direct shall belong to and be owned by my son Calvin and my daughter Sarah jointly.
Sixthey – I devise unto my grandsons Wilson and Alexander Claxton the sum of one dollar each.
Seventhey – To my sons Alexander Hobby and Alfred Hobby I hereby devise nothing for the reason that they have heretofore been advanced in sums equivalent to their shares as portions of my estate.
Lastey – I herby nominate my son Green Hobby to be my executor to this my last will and testament made and published the 24th day of March A.D. 1832.
Alexander Hobby (seal)
Executed and published in our presence and we have hereunto subscribed our names in the presence of the testator, and at his special instance and request. The 24th day of March 1832
Samuel A. Glenn
David McGaha
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State of Tennessee
Marshall County
County Court March Term 1853
Personally appeared in open Court Samuel A. Glenn and David McGaha subscribing witnesses to the foregoing will, who being first sworn herein open court proved the due execution of said will as the law directs.
Given under my hand at office this 7th March 1853
John Elliott (Clk.)
[Contributor’s note: Alexander Hobby born 1769 in Newbern, North Carolina, died 1853 in Marshall County, TN.]