Marshall County Will Book A, page 40

State of Tennessee Marshall County

In the name of God Amen – I Allen Leeper of the State and County aforesaid, being weak in body but sound in mind and memory as I believe, and expectin Shortly to finish my course in time. Do make constitute and ordain this my last will utterly revoking all other wills by me formerly made.

And 1st. I commend my body to the ground and my soul to God who gave it in hope of a Joyful Resurection.

2nd I will that all my Just debts be had in my Burial but all be plain and decent.

3rd. I will that my Executors when they provide grave stones for me that they also provide the life for my mothers grave that has been so long neglected to show her birth death and age & that they have a neat cedaar pailing placed around her grave my fathers & to include Charles Ewings grave at round hill grave yard.

4th. I will that my beloved wife Rebeca keep posession of our present Dwelling house during her life, with all the household & kitchen funiture Stock hogs, Horses, cows & Sheep Farming Utentials, waggons oxen & carriall unless she and the Executors should think it best to sell a part that may not be so necessary for her to keep & provided such sake should be deemed necessary. The moneys arising from such unless needed to make up some of my other bequests shall be at her disposall –

5th. I will that herman & Lucinda Shall not be held as slaves – But as indentured servants untill they arrive to the age of Twenty three years during which time they shall remain with my widow if she should live so long and be obediant to her in all things. Then when they shall arrive to the age of Twenty three years they shall be her hired servants & shall receive a Just recompence for their Labour if then be industrious & attentive to her business They shall receive higher wages. But if otherwise lower wages which must be paid to them yearly, that they may be no disputers factions in the subjects of wages. Let my widow choose one Respectable Neighbour & Hermand or Lucinda choose another Judicious Neighbor & let those Neighbors choose a third & let them set the wages – if my widow should die before the said boy & girl arrives to the age of Twenty three. Let them choose a home among my children or with Harrett E. Ewing or Rebeca E. Neill & the person with whom they choose to live shall pay reasonable wages which shall be Equally divided among my heirs and when they arrive to 23 years of age and my widow deceased they viz Hermand & Lucinda shall be at liberty to choose to whom they or Either of them will hire themselves to Labor. Yet it’s my wish that they go not into such hands as will withhold from them their wages or injure their morals. I wish attention paid particularly to learning them to Reed.

6th. I will and bequeath to my three sons in Law vis W. D. MLary. Lile A Ewing & David C. Mitchell in addition to the accouts charged to them on my family Book & also the mill ltract of 40 acres with all its appertainances all that tract of parcell of Land that I purchased of David McCurdy & James McCurdy lying west of the Mill tract containing about three hundred & 2 acres be the same more or less.

7th. I will and bequeath to my three grand children viz To Harret E. Ewing, Reveca E. Neill and James B. Neill all that tract of Land whereon we live, beginning in the middle of the west fork of rock creek a few poles below th ebridge so running down the creek with Lile A. Ewing’s line to James Ewing down the channel of the creek with Hamilton V. Turner’s line to James L. Ewings line, thence west with his line to his corner on the section line. thence south with the section line to the line of the Mill tract. thence east with the north boundary line of the Mill tract to the beginning with all its appertainances to be theirs after the death of their grandmother to be divided as follows viz: into four Equal parts & convenences that each part be as near equal in value as may be and two parts be givin to Harriett C. one part to Revca E. one part to James L. Neill. But Harriett C. and Rebeca E. Neill is to live in the house with Their grandmother while they remain single and if either of them get married & there grandmother be willing they may still ocupy a part of the house & the priveledge of cultivating part of the farming land but be it remembered that my widow have at her disposal all the net proceeds from the land and stock during her life & at her disposal at death.

Item 8th. I will that at the death of my widow the household and kitchen furniture the stock of horses cows sheep & hogs waggon carriall farming utentials be divided among all my heirs before named or such of them as may then be living & that my Library be divided or sold as my heirs may think best.

9th. I will that Lile A. Ewing pay out of the money that he stands charged with or my family Book. Which is more than his part as follows. To Allen L. Woods Fifty dollars to Allen L. McCleary when he becomes of age Fifty dollars with interest to his own son Allen L. Ewing fifty dollars with Interst when he comes of age & to Rebeca A. Ewing fifty dollars.

10th. I will all the lands that I hold north of the Hurrecain being of Different surveys Joining Geo. Fisher Robert & Joseph Cowden Hoge Watson & others containing between five and six hundred acres be put to sale by my Executors to the best advantage upon one two or three years Instalments & that the money arrising therefrom after defraying all necessary Expences thereon be Equally Divided first to the American Antislavery society 2nd to the home Missionary society 3rd to the presbytarion Education Society for the education of poor & pious young me for the gospel Ministry 4th to the American tract Society 7 5th to the American Board for forign Missions and 6th and lastley to the America Bible Society.

11th I will that whereas there is paints and oil on hand that the remainder of the outside of my dwelling house and kitchen & smoke house be painted the roofer brown & the weather boarding the same as the house and the the windows in the north end of the house be filed with glass & the hearth be laid & if there is not materials enogh on hand the balance to be bought.

12th it is my will that whereas collection of the debts due my estate be collected if there should not be suffecincy to make up to W. D. McCleary & D. C. Mitchell to be equal to shat Lile A. Ewing has Drawn from my estate according to their several accounts charged in my family Book &* providied there be a suffecency of money to make them equal without L. A. Ewing paying over any or should there be any surplus it to be equally Divided with themselves so as to may them equal.

13th. I will that James L. Ewing & Samuel Neill keep and retain the sums or amounts that is charged to them or my family Book which is to it to J. L. Ewing nine Hundred and thirty nine dollars 19 cents & to S. Neill Eight hundred and ninety two dollars & 60 censt & to have no more-

14th. I will that if either of my three grandchildren by my dec. daughter Jean Die leaving no heirs that the property of the dec. fall to the surviving brother or sister & Wm. D. McCleary. Lile A. Ewing and G. G. Mitchell. by equal division.

15th. It is my will that my Executors Divide my home tract of land above named amongst my three grandchildren there in named and according to the 7th. Item of this will & further if either of them should marry during there grandmother life Then & in that case the land may be divided as one –

16th. I will that my trusty friends James Ewing. W.D. McCleary. Lile A. Ewing & D.C. Mitchell be the Executors of this my last will and testment & having Confidence in their fidelity I hereby release them from having to give bond and security to the court –

17th. & lastley I will that if any disputes should arise among my heirs & legates or between the Executors & them concerning the true intent & meaning of any part of this my will respecting any of the devises – therein my will & direction is Expressley this. that such disputes shall be decided by three imparital & inteligent men two to be chosen by the disputants each.

Having the choice of one & a third by those two and the decision of said men unfetered by law or legal construction sahll be considered as binding on the parties to all intents and purposes as if it had been givin in the Supreme court of the United States. Givin under my hand and seal this 15th day of January 1839.

Allen Leeper (Seal)

Witnesses: John A. Hall, Edward Doyle, Ezekiel Verner, Samuel B. Ewing,

State of Tennessee Marshall County I Allen Leeper being yet living but weak and feeble in body but sound in mind & memory Do hereby make & constitute this as a part or codicil to a will lately or in last month by me made and assigned as my last will & testament wherein.

In said will I had bequeathed to my Grand daughter R. Adaline Ewing fifty dollars. Now I hereby will that if my said Granddaugher R. A. Ewing do life to marry and have a bodly heir in addition to the above fifty dollars. I will that in that case that she do have Five hundred dollars more and that it be paid to her by my three grandchildren by my Daugher Jean Neill to it from harriett C. Ewing Two hundred and fifty dollars and by Rebeca e. Niell one hundred and Twenty five dollars & by James L Neill one hundred and twenty five dollars – as in my aforesaid will I have bequeathed to them the tract of land I now live on as therein to be devided into four shears

Item and futher it is my wish and will that the old houses that David McCurdy built and lived may be removed from off the land I willed to Wm. D. McCleary Lile A. Ewing & D. C. Mithcell by grand children to whom I have givin my home tract, to any of the lots that would seem by my Executors to be the lot or part that my now Dwelling house be on in the division. Givin under my hand and seal this 14th day of February 1839.

Allen Leeper (Seal)

Probated March 4, 1839