Orr Wills in Books A & B

Marshall County Will Book A, page 365

Robert Orr’s Will (1844)

I Robert ORR of the County of Marshall in the State of Tennessee being of sound mind and memory for which I feel thankful to my God for his blessings but being advanced in years and Labouring under infirmities knowing at the same time that it is appointed for all mankind once to die and beleaving also that it is best for all men to set their house in order temporally and spiritually do in view of the promises dispose of and distribute the title wordly goods it has pleased divine providence to enable me to possess in manner and form as to me at this time seems proper and right and in order that it may be done so do make and publish this to be my last will and testament, hereby revoking and making void all other wills by me at anytime.

That is to say in the first place, I will and desire that my funeral expences and all my just debts be paid as soon after my death as possible out of the moneys I may die possessed of, or out of the moneys that may first come into the hands of my executors to be administered –

2endly. I will and bequeath unto my sons John ORR and Robert J ORR jointly one acre of land to be laid off so as to include the Mill and Millhouse where it now stands together with the privalidge of conveying the water thereto. from the same sources through the same channels and in the same manner in which the same is now done to be theirs their heirs and assigns for ever.

3rdly I will and bequeath unto my son Robert J. ORR the tract of land whereon I now live except that part with its privalidges as disposed of in Itme 2nd. of this Instrument together with the tract of Cedar land which I purchased from ROSS containing about hundred acres to be severally his his heirs and assigns forever.

4th I will and bequeath unto my Daughter Ester HOULE my loom with all the articles and appendages there unto for weaving.

5th I will that all the goods and chattles that I may die seized and possessed not otherwise disposed of this my last will and testament be sold by my executors to the highest bidder such credits as to them may seem proper and right.

6th My will and desire is ans I do hereby devise that the proceeds arising from the sale of perishable property as provided for in the foregoing Item together with all moneys on the means and funds that I may die seized and possessed of or entitled to the possession thereof not herein otherwise bequeathed or disposed of, be divided in to six equal Shares or portions and that my son John ORR have one Share thereof, that my son William D. ORR have one Share thereof, that my Daughter Sally McGAHEY Leah DYSART, and Ester HOULE or their heirs. have each one share and that my Grand son Robert E. DYSART and Alfred A. DYSART sons of my deceased daughter Elizabeth DYSART have one share jointly and Should either of said Grandsons die during their minority or leaving no heirs of their bodies then and in that case I will that their share be equally divided among and between my five other heirs named in this item namley John William D. Sally Leah & Ester or their heirs

Lastly I hereby nominate and appoint my worthy friends Joseph C. ORR & David McGAHEY my Executors to execute this my last will and testament

In testimony whereof I do to this my will set my hand and seal this day of May in the year of our Lord one thousand eith hundred and forty four.

Robert ORR (Seal)

Signed sealed and published in our presence and we have subscribed our names in the presence of the testator and at his special request this 8th day of May 1844.

Samuel ORR James KIDD

Proven in open court James A. YOWELL chairman Feb 5th 1855.

State of Tennessee
Marshall County
County Court Feb Term 1855

Personally appeared here in open court Samuel ORR and James KIDD subscribing witness to the foregoing will and who after first being sworn there in open court proved said will as the law directs. It was therefore ordered by the court that said will be entered of record.

Witness my hand at office Feb 5th 1855.
S. TALLY (clk)


following wills contributed by Dick Wood

James Orr’s Will (1876)

Marshall County Will Book B, pages 398-399

I, James Orr, being of sound mind do make and publish this as my last will and testament hereby making void all others by me made.

First. It is my will that all my funeral expenses be paid out of first monies that may come into the hands of my Executor then all my just debts as soon after as possible.

Second. It is my will that all my property shall be divided equally between my children except Robert M. Orr who is not to receive any of my estate until after all of my other children get Two hundred dollars each and then after that, Robert M. Orr comes in equally with the other children.

Third. I give to Lucinda Weaver one bed & furniture. My estate consists of one tract of land known as the Land Grant tract. Monies, notes, household & kitchen furniture an some other personal property, all my other lands except the tract mentioned above already disposed of by deed of gift to my children.

I hereby nominate and appoint Robert M. Orr as my executor to this my last will & testament, and hereby authorize said R. M. Orr to sell said tracts of land either privately or publically and make Deed or deeds to the same and said deeds shall be as valid as if by me made. October 8th 1876.

James Orr

assigned and acknowledged in our presence

DeWitt C. Orr Jurat Nov. 6th 1876

J. T. Long ” ” ” ”

STATE OF TENNESSEE)
MARSHALL COUNTY )
County Court November Term 1876.

Personally appeared here in open Court DeWitt C. Orr and J. T. Lowry, subscribing witnesses to the forgoing will, who, after first being duly sworn, proved the due execution of the said will as the law directs – thereupon it is ordered by the Court that the same be Certified and recorded.

Witness my hand, at office, this the 6th day of November 1876.

W. P. Bullock Clerk


contributed by Dick Wood

Johns Orr’s Will (1862)

Marshall County Will Book B, pages 139-141

I John Orr of the County of Marshall and State of Tennessee do make and publish this 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 be paid as soon after my death as possible out of any moneys that I may die possessed of or the first that may come into the hands of my executors.

Secondly. I give and bequeath to Margaret, my beloved wife, my servants Jane and Alfred during her natural life and at her death the said servants Jane and Alfred to be sold among the Legatees of the Will and the proceeds of the sale be equally divided between all the Legatees that have not received any land.

Thirdly. I give and bequeath to my sons Samuel Orr and Joseph C. Orr the plantation on which I now live & also my Cedar tract of land lying near where Elias Whitsett now lives jointly and equally.

Fifthly. I give and bequeath to my son Samuel Orr my servant boy Jacob.

Sixthly. I give and bequeath to my Daughter Katherine Orr my servant girl Elizabeth and child.

Seventhly. I give and bequeath to my daughter Margaret Armstrong a sum of money equal in value to the above named servant girl Elizabeth.

Eighthly. I give and bequeath to my Daughter Esther Bill my servant girl Mary & child.

Ninthly. I give and bequeath to my son Joseph C. Orr my servant boy George.

Tenthly. I give and bequeath to my son William Orr my servant boy Samuel.

Eleventhly. I bequeath to Joseph Orr and Kathrine McAdams heirs of my son John Orr deceased, my servant boy Edmond.

Twelthly. I give and bequeath to the bodily heirs of Rachel McDaniel my servant girl Seneth & her children.

Thirteenthly. I give and bequeath to my Daughter Jane Carpenter my servant girl Eliza.

Fourteenthly. I give and bequeath to my Daughter Polly Orr my servant girl Nancy and her two youngest children.

Fifteenthly. I direct that the slaves left to my children be valued by three good and respectable men, and that the Legatees made equal in the value of the Slaves from money left on hand, or if not sufficient then the Legatee or Legatees holding the highest valued Slave shall refund back till all are equal.

Sixteenthly. I direct also that all the stock, such as horses, cattle, sheep & hogs also the household and kitchen furniture and all other property not herein numerated; belonging to me be equally divided among the Legatees and not sold.

Seventeenthly. I direct that all my hooks be equally divided among the Legatees.

Eighteenthly. I direct also that none of the property of any kind be removed but remain in the possession of and under the Control of my Wife Margaret Orr during her natural life.

Lastly I hereby nominate and appoint Joseph C. Orr, my son, and Robert J. Orr, my nephew, my Executors of this my last Will and Testament.

Whereunto I have set my hand and seal this the 19th of January 1862.

John Orr {his Seal}

Signed, sealed & published in our presence and we have hereunto subscribed our names in the presence of the testator, the date and year above written.

James Kidd Jurat May 5 1862

David G. Fleming Jurat ” ” ”

STATE OF TENNESSEE)

MARSHALL COUNTY ) County Court May Term 1862

Personally appeared here in open Court James Kidd & David G. Fleming the subscribing witnesses and who after being duly qualified proved the due execution of Said Will, there to annexed as law directs.

Witness my hand at Office May 5, 1862

R. L. Adams Clerk