contributed by Dick Wood, December, 2004

David McGahey’s Will (1845 & 1866)

Marshall County Will Book B, pages 369-373

I, David McGahey, of the County of Marshall and State of Tennessee do 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. I direct that my funeral expenses and all my debts to be paid as soon as possible at the time I may die or may first come into the hands of those duly authorized to settle my affairs under the directions of the will.

Secondly. As to what little property it may please divine Providence to permit me to own at the time of my dissolution I desire may be disposed of as follows, and for the reasons which I am now about to assign.

That is to say: I have witnessed the difficulty, inconvenience and privations that the heirs and distributees of intestate estates experience from having their perishable property thereof sold for distribution or otherwise and wishing that my little family shall be exempt therefrom – believing as I do and hope to continue in the line of transacting my little domestic concerns of keeping clear of owing no man – to any considerable amount and being assured as I am at this time that my means far exceed my liabilities –

I hereupon desire and hereby devise that my family retain all our plunder for their use subject to such division thereof as the Law of the Land would make except such parts thereof as they may conceive they can reasonably dispense with – which part may be sold, and divided as the unsold, and in the division of my means among my children & wife I devise that each shall be equal – or as nearly so – as can be arrived at – that is, whatever portion or part either receives, let a proportionate value be fixed thereon – that is so when one or another of them gets property of specified value then the others to have property or something equivalent thereto and as I have some amount owing to me, at this time an equitable division can easily be affected –

And to begin specifying I wish each of my children to be furnished with a good saddle apiece should they not have one.

My son Alfred to have my Rifle gun and my surveying instruments.

My wife to have her Dower interest in our Lands and also Slave Sampson during her life to assist her in raising support for herself and children during such time they may continue to need it and should Sampson survive my wife; then I wish him to have his choice of which of my children he may choose to live with, and not to be sold under any circumstances whatever unless he specifically desires it.

Owing to my son Alfred having an Exostosis on his knee it may be that he may hereafter need some assistance. I therefore desire that he have boy Washington as a part of his share subject, however, that should my wife need his service in case of Sampson’s death or inability, then in either case, she must have his assistance or some other in his room, to make her bread and meat.

Further I recommend and think it would be advisable that that portion of my perishable property that may be allotted to those of my children who are yet young and incapable of taking care of it should be disposed of and the proceeds secured to be forthcoming at such time as they may be entitled to it.

But in dividing I wish regard be had that each one have such articles and things as they are best calculated to take care of or best suit their circumstances.

I wish my brother James to have my shot Gun and money sufficient to purchase a new saddle in the room of his I have worn out. And I specifically enjoin my children to be good and kind to their uncle James McGahey and to administer to his wants should he ever be destitute or in want for he has been a good uncle to them when they were unable to help themselves.

Let my Books be divided, not sold –

In selling all surplus stock I wish my mother to be taken care of and her wants supplied out of the means that I may be possessed of (should she survive me) during her life.

I enjoin on those who may settle my affairs to examine the Execution Docket of the Court on which I have been clerk for there are many cases recorded there wherein my fees are due me that sometimes may be got; there are many others also that are gone and can never be gotten.

The ex sheriffs are also in arrears with me and the office to some extent. I have their respective accounts drawn off on separate lists in my drawer. They show the amount, the No. of the execution on the Docket and will enable anyone to prosecute them to collection.

Let some judicious person be qualified to execute this instrument and let it be proved as the Act of 1784, Chapter 10 provides for there are many persons in this County who can certify as to my handwriting.

In dividing let some two or more disinterested persons be chosen. Let them divide and give the same under their hand and seal, and let their report be recorded with the return made to the court.

Given under my hand and seal and I hereby execute this Instrument expressly for the purposes therein contained this 24th day of April in the year of our Lord one thousand Eight hundred and forty five.

David McGahey {his Seal}

STATE OF TENNESSEE)
MARSHALL COUNTY )

There being no subscribing witnesses to the forgoing will, R. L. Adams and H. A. Cowden came in to open Court who being first sworn proved the handwriting of the testator David McGahey and the Court ordered that the same be certified and recorded.

Witness my hand at Office August 20, 1875

W. P. Bullock Clerk

David McGahey’s Will Continued

I David McGahey of the County of Marshall and the State of Tennessee do make and publish this as my last will and testament, hereby revoking and making void all other wills by me at time made.

First. I desire that my funeral expenses and all my debts be paid as soon as possible, out of any money I may die possessed or may first come into the hands of those duly authorized to settle my affairs under the direction of this will.

Secondly. As to what little property I may own at my dissolution, I direct to be equally divided among and between my heirs – This so far as personal property is concerned; I think they can do and all being of age, can manage a division by a valuation of each one’s share. This course will do away with the inconvenience that families experience in selling everything for division. Not owing any debts at this time and hoping to continue so, no inconvenience can arise. I would not and be understood as wishing no sale to be made of such things and stock they do not wish to keep.

Thirdly. Should a division be made as above contemplated, I desire that my son Alfred for himself and Marshall N. Kerr, in right of his wife Eliza have the full benefit of such improvements as they have made, or have in contemplation to make – In a word, let their improvements belong to them.

Lastly, an equitable division of my property being all I want, a reference to a will made by me in 1845 – which will be found among my papers, will aid in giving light on what I want done as my handwriting can be easily identified.

I make and publish this as my last will without witnesses and to which I subscribe my name and affix my seal the 3rd day of October 1866.

David McGahey {his Seal}

STATE OF TENNESSEE)
MARSHALL COUNTY )

There being no subscribing witnesses to the forgoing will, R. L. Adams and H. N. Cowden after being first duly sworn proved the handwriting of David McGahey to the satisfaction of the Court and the Court ordered that the same be certified and recorded.

Witness my hand at Office 2nd day of August 1875

W. P. Bullock Clerk

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contributed by Dick Wood, December, 2004

James McGahey’s Will (1876)

Marshall County Will Book B, page 395

I James McGahey do this day make this my last will and testament.

First I desire that my effects be equally divided among Leah McGahey, Margaret McGahey, Sallie Duckworth, and Alfred McGahey.

Second I desire that Leah McGahey, Margaret McGahey, and Alfred McGahey hold my interest in the land. I appoint Alfred McGahey my Executor without requiring him to give any bond. This April the 20th 1876.

James McGahey

John Whitsett Attest Jurat Sep 4, 1876

Joseph Whitsett Attest ” ” ” ”

STATE OF TENNESSEE)
MARSHALL COUNTY )

County Court September Term 1876

Personally appeared here in open Court John Whitsett and Joseph Whitsett, subscribing witnesses to the forgoing will, who, first being duly sworn proved the due execution thereof. Thereupon it is ordered by the Court that the same be certified and recorded.

Witness my hand at office this 4 day of September 1876

W. P. Bullock Clerk