Marshall County, TNGenWeb

contributed by Carol Monroe, October, 2000

Marshall County Will Book A, pages 20-22

[Transcriber’s note: The spelling, underlining, lack of punctuation are as close as I can make them out]

14 Nov 1831

The following is the last will and testament of William Duncan Dec’d,

I William Duncan of the County of Marshall, [transcriber’s note: This entire line has a line through it]

In the name of God amen, I William Duncan of the County of Maury and State of Tennefsee being weak in body but of perfect mind and memory thank the lord for the Same, do make and ordain this my last will and testament Revoking all others Signed with my own hand this fourteenth day of November one thousand Eight hundred and thirtyone,

Item 1st I will all of my property my land excepted to be sold by my Executors hereafter named and all of my Just debts paid out of my(my marked out and “the” written above) money arising from the sale of Said property and the ballance(balance) of the money which may be left to be Equally divided between all of my Children, or their heirs

Item2__ My will and desire is that my Son Joab Duncan take pofsefsion of my land at my death which is Supposed to be one hundred Acres and all of the ground he clears he is to have the term of Six Years and is only_______ to clear in the South east Corner of my tract I now live on and to finish clearing out the base he now lives on if not already done and Should he be able at the Expiration of Six Years to pay all that is Over his equal part of my estate my will and desire is that he keep my land, but Should he fail So to do he must pay rent for all the Cleared land anualy (annually) from the time he takes it into pofsefsion and he is to be allowed a Reasonable compensation for all of the Repairs he may make on the Plantation, my will and desire is that my Son Joseph Duncan Shall have the liberty of my Dwellinghouse with the lot Ajoining the Yard and all of the necefsary buildings pertaining there unto the term of Six Years from my death if he wants them and at the expiration of the Six Years Should my son Joab Duncan be able to pay the value of the land I die pofsefsed of I(my) will and desire that my son Joab Duncan Should have full pofsefsion of all my land with the houses LG

my will and desire is that me( my) Executors Should have Commifsioners appointed to value my land and plantation and that pertains there unto Just as Soon as they only think proper So as to know how to make a Just calculation what is a coming to each Legatee,

Item 3rd My will and desire is to make an equal division between all of my Children and their heirs Should my son Joab Duncan not be able to pay for my land at the expiration of the Six Years the land then must be Sold and the money equally divided between all of my heirs and I want my Executors to have a Speatial [special?] Care to take into Consideration all the money and property that I have let my children have for my will and desire is that all that has received any property in that way that their(there) should be a due account made out of the same and it is to be a part of their portion out of my estate And my will and desire is that my son Joab Duncan Shall not be compelled to pay any rent until the expiration of the Six Years after my death and after he has taken my plantation into his ceare (care) and Should he fail to pay the value of the land at the Expiration of the Six Years the rents arising for the above Six Years must be reducted (deducted) out of his part of the estate,

Item 4th My will and desire is that should any part Of this my last will and testament not be understood I do not want my children to go to law but leave their disputes to refarees (referees)

Item 5th And last of all I appoint my two Sons Joseph Duncan and Robert W. Duncan my Executors for this my last will and testament ratifying and confirming the same as before stated revoking all others,

In witnefs thereof I have this day Signed my own hand and affixed my seal the day and Year first above written hir

Wm W Duncan

[Transcriber’s note: “mark” is written under the W and a small slash mark through the last stroke. I believe this is his mark not a middle initial]

Jno W. Record, Jurat,
William D. Emmerson, Jurat

There was a protest made against this will 06 June 1837. It was ordered to be recorded: 02 Apr 1838, Marshall Co. Court Minutes 1836-1845, page 134