IJames A. Haire being of sound mind and memory but mindful of the uncertainty of life and of the certainty of death do make and publish this my last will and testament, hereby revoking all and every other will by me made at any time published or expressed.
First it is my will after death that my body be decently interred and that the expenses of appropriate burial and funeral services be first paid out of any money property or effects that I may be possessed of at the time of my decease.
Second, I give and bequeath to my wife Ann Haire the sum of three hundred dollars in money and all my household and kitchen furniture absolutely excepting my library of books, these I give and bequeath to my son John T. M. Haire.
Third I give and bequeath to my son James C. Haire my watch and gold spectacles.
Fourth it is my will that the remainders of my property and means consisting of money, notes of hand and like ----of debts as well also as any funds accruing to me, my executor or heirs, under and by virtue of deed or mortgage executed to me by Ann Haire on the 8th day of Sept 1859 in book y on page 360, be equally divided among my children, Eliza M. C. Houston, Arthur Haire, James C. Haire, Caroline M. Johnston, Martha J. A. Smith, and John T. M. Haire without any reguard to any property sum or sums of money by me any time here to fore advanced or paid to any of said children.
Fifth it is my expectation, wish, and will that none of my said children will by separate litagation or otherwise attempt to contest the validity or faithfull executions of the provisions of this will then and in that way it is my will that the share of the child or legatee so attempting of shall go and enure to the benefit of other said heirs and legatees including Ann Haire in the benefit of thiscontingency and provision.
Sixth: As already mentioned in the caption I hereby revoke and denounce all and every will by me heretofore at any time made.
Seventh: I heretofore appoint and certify(?) Joseph Johnston sole executor of this my last will and testament. In witness of all of which I have this day hereunt set my hand and seal. April 23, 1861.
James A. Haire
(seal)
Signed and acknowledged in the presence of-
J. I. Wright
J. R. Stradley
Probated September session 1861. Record Book P. 400
Note*James mentions his wife, Ann in his will and I have been contacted by people who think she is the mother of his children. The mother is Mary Brown McDonald who is buried in Madisonville. That is the McDonald connection (Hugh)
Submitted by:Linda Atkins
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Return to Monroe Home Page And as touching such Worldy Estate wherewith it has pleased God to bless me in this life----I give, demise, and dispose of the same in the following manner and form--------First of all I allow that all my lawful Just Debts be payed out of my Estate--------Imprimas I give and Bequeath unto my Dearly Beloved Wife Rebekah all my estate of Real and Personal Property together with all my Monies and Debts Due me whether by Note Bond, Bank account or otherwise.
Secondly I Bequeath unto my sons John, Henry, and Francis McDonald to each of them one English Shilling and also I give unto my son John McDonald---Son viz William McDonald one English Shilling and also I give and Bequeath unto my two Daughters viz Jean Brown and Agnes Reeves to each of them one English Shilling----
Thirdly I bequeath unto my daughter Molly Brown the sum of Twenty five dollars and also I give unto Hugh Gibson son to my daughter Bethiah Gibson the sum of Twenty five dollars. I also bequeath to my son William McDonald son of William McDonald by name one Negro Boy named Sambo to be his and his Heirs forever and further I Bequeath and give unto my Negro Wench Sylvia her daughter Phebe and her two children viz Sylvia and Sam to be hers to assist her in making out a living while in life and then at the decease of the aforesaid Sylvia the said Phebe and her two aforesaid children and Sylvia and Sam and what more Children she may have at the decease of her mother Sylvia Shall then be at full liberty to make out a living for themselves----Further I Bequeath unto Hugh McDonald Son to my Son David McDonald My Negro Boy named Giddy (or Gidion) to be his and his Heirs forever-------And further I do Hereby allow and make free those of my Negroes hereafter --named viz---My oldest Wench Sylvia with her Children viz Jacob, Charley, Jack, Isaac, Soloman, and Henry. No person or persons shall claim any Right or Title to any of them but shall be at freedom and liberty each and all of them to make a living for themselves by honers Industry and further I Bequeath unto the aforesaid Negroes viz Old Sylvia, Jacob, Charley, Jack Isaac, Soloman, and Henry all that Plantation or tract of land I now live upon with all appurtenance thereunto Belonging to be theirs and their Heirs forever. Also I give unto the said Negroes One Mare ,a Cow and Calf a Sow and Pigs with all my farming utensils to be theirs forever ---------and further I Bequeath unto my two Sons David and William McDonald all my Books both of Divinity and History and all my body clothes to be divided Equally Between th...-------------------N.B. the above Bequeasts I have herein made unto my Well Beloved Wife Rebekah are to be hers during her natural life and at her decease all my Estate of Both Real and Personal shall be disposed of in the way and Manner I have above Bequeath and Directed.
Lastly, I do give unto my sons David and William McDonald all the moneys or property (if any shall be) that I am possesed of at the decease of my wife Rebekah and one that shall be over and above that I have herein Bequeathed or disposed of to be equally divided between them if any shall be as was said before-----
Lastly I Constitute Make and Ordain my Well Beloved Wife Rebekah My Executrix and my Son William McDonald Executor of this my last Will and Testament to see it Lawfully and faithfully Executed and do hereby utterly disallow Revoke and disannul all and every other former Testament Wills Legacies and Bequeasts and Executers by me in any wise Before Named Willed and Bequeasted Ratifying and Confirming this and no other to my last Will and Testament------in witness whereof I have hereunto set my hand and Seal the day and year above written-----------
his
Hugh McDonald
mark
Signed Sealed Published Pronounced and Declared by the said Hugh McDonald as his last will and Testament in the Presents of us the Subscribers
William Brown
Francis McDonald
John McDaniel
South Carolina Chester District:
Before me Joseph Brown Ordinary of the said District personally appeared William Brown and Francis McDonald who being duly sworn Declares on their oaths respectively that they saw Hugh McDonald sign and acknowledge the within instrument of writing as his last will and testament and that they each of them together with John McDonald did subscribe thereto as witnesses in the presence and at the request of the said testator ----Francis McDonald says on his oath that to the best of his knowledge and belief the said Hugh McDonald was at the time of disposing mind and memory ---- William Brown expressed some doubts of the sanity of the testator but gave no satisfactory reason for his doubts at the same time qualified William McDonald executor given under my hand this seventh day of January one thousand eight hundred and fourteen.
J.D.(?) Brown ord.
Hugh McDonald Last Will recorded Book E, pages 272-273 and 274
Submitted by:Linda Atkins
Return to will index Return to Monroe County Records Return to Monroe Home Page Larkin Cardin Will in Bk. A, Pg. 175 I, --being old, my wife dead, and having eleven children--. To be buried by my wife. To son James J. and to dau. Patsy Erwin the lands they live on. To son Robert I. NWQ or Section 15. To son Jones land where he lives. To son Leonard land where he lives. To dau. Caroline Evans, Nancy Morelock all that Morelock owed me for land, and also $50.00. To dau. Edaline Ellis land where she lives. To dau. Hetty Heflin $800.00. Some property to be sold and divided between James Cardin, Abner Ervin, Robert Cardin, Jonas Cardin, Leonard Cardin, Caroline Evans, Jourdin Cardin, Nancy Morelock, Washington Ervin, B.D. Ellis, and Leander Heflin. Execs. James, Leonard, Jordan Cardin. Wits. Larkin F. Cardin, F.M. Bradford, Francis M. Satterwhite. Exec. 3/17/1866. Codicil 11/16/1866. Redivision of lands to children. Wits. W.J. and L.F. Cardin. Codicil #2 not dated--Some land to R.H. Cardin. Wits. Benedict Ellis, David Baker. Probated Dec. 1866.
Submitted by: Jan Minter
Return to will index Return to Monroe County Records Return to Monroe Home Page From Will Book A, page 66, Monroe Co. TN
I, John R. Roberts do make and publish my last will and testament hereby revoking all others by me made. It is my desire that after my death that all my debts should be paid out of any money I die possesd of. I also wish that all my personal property be divided between my father and brothers as may be herein after provided. I give and bequeath to my father Phillip Roberts my iron gray mare, saddle and bridle and my rifle gun. I give my two brothers Phillip Roberts Jr. and Jackson Roberts the land I am to receive from the government of the U.S. for my services in the war against Mexico in Capt. P.B. Anderson's company A set. It is my wish that the said land be equally divided between my said brothers and fathers share and share alike after my debts are paid. I wish all the money and property of every description I may die possesed of to be equally divided between my said father and brothers except that which has been specifically described in this will. I also appoint Phillip Roberts my executor.
Signed sealed and published this 5th day of Apr. 1847
Wits: H.H. Stephen , John R. Roberts, B.B. Land
Submitted by: Stef and Dave Adams
Return to will index Return to Monroe County Records Return to Monroe Home Page Jonathan Summit was the son of Daniel and Sarah Moser Summit, who moved to Monroe County in the 1830s with a large family. Many descendants of this Daniel Summit and the Mosers still live in Monroe County and other parts of East Tennessee. Jonathan and his wife, Bettie S. Butler Summit, at the time of his death lived on a farm located in Loudon County just over the Monroe-Loudon County line. The farm site was located in Monroe County until Loudon County was formed in 1870.
Jonathan was born January 26, 1817, in Greene County, TN and died June 17, 1896, in Loudon County, TN. He was buried in St. Paul Lutheran Old Cemetery, Monroe County.
Jonathan married Bettie Saphiro Butler, November 5, 1837, in Monroe County. She died September 13, 1902, age 86 yrs., 2 Mos., 12 days, presumably on the family farm. Her burial location is unknown. I might note that one of the heirs of Jonathan Summit was the prominent Monroe County attorney, James McClellan Pardue
Jonathan Summit's daughter, Nancy Jane Summit, married James W. Pardue April 2, 1860 in Monroe County. Both were deceased by 1865. They had two children: Martha Pardue born August 30, 1860 and James McClellan Pardue born December 30, 1862. These are the two children referred to in Jonathan Summit's will as "the heirs of Nancy J. Pardue deceased". The two children were raised by their grandparents, Jonathan and Bettie S. Summit.
James McClellan Pardue went on to become a prominent citizen of Monroe County. He graduated with honors from Hiwassee College, studied law under T. E. H. McCrosky of Madisonville, served as a republican in the Tennessee House and Senate, published the Sweetwater Telephone (an independent newspaper), taught school, periodically engaged in a legal practice, and pursued numerous civil activities .
He married Rebecca Moser, daughter of Daniel Miller Moser and Elizabeth Jane Brakebill, and had five children. James McClellan Pardue died July 25, 1938 and is buried in the Westview Cemetery, Sweetwater, Tennessee. Rebecca died August 15, 1927. She is also buried in the Westview Cemetery.
My main purpose in mentioning this material is to clarify the individuals involved as heirs of Jonathan Summit. All of his other heirs are identified in the will, including his son and my great grandfather, James Lee Summit.
Submitted by: Paul Summitt
Jonathan Summit Grave Site
Executed in Loudon County, Tennessee on June 9, 1896
I, Jonathan Summit of the County of Loudon, State of Tennessee Planter Do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time made and first I direct that my body be decently buried at St. Paul Burial Ground Monroe County Tennessee in a manner suitable to my condition in life. And as such worldly estate as it has pleased God to entrust me with I dispose of the same as follows:
First, I direct that all my debts and funeral expenses be paid as soon after my decease as possible out of any moneys that I may die possessed of as may first come into the hands of my executors from any portion of my estate real or personal.
Secondly, I give and bequeath to my daughter Mary M. Oody and her husband John Oody the tract of land known as the home tract originally purchased from Mowrey containing eighty acres and also ten acres that lies west of said eighty acre tract and adjoining the same which was purchased by me from Michael Malone. I make this gift conditional and the conditions are that my said daughter Mary M. Oody and her husband John Oody is to move in the house with me and my wife as so conveniently near so as to be able to look after and to take care of and to support myself and my beloved wife Bettie S. Summit while we or either one of us shall live and in case that my wife Bettie S. Summit should survive me I desire that she shall have full control of all my household effects during her life.
Thirdly, it is my desire that the residue of my property real and personal at the death of myself and my companion Bettie S. Summit be equally divided between my son James L. Summit, the heirs of Nancy J. Pardue dec'd, and Mary M. Oody.
In witness whereof, I Jonathan Summit the said testator have to this written on one sheet of paper set my and seal this the Ninth Day of June One Thousand Eight Hundred and Ninety-six.
Jonathan [X his mark] Summit
Signed and Sealed and Published in our Presence and in the presence of the Testator,
W. D. Watkins
C.A. Kelsoe, Jr.
Admitted for probate Loudon County Monday, December 7, 1896, Court Minute Book No. 6, p. 256 Recorded Loudon County Will Book A, p. 331.
Return to will index Return to Monroe County Records Return to Monroe Home Page Will of Sarah Binkley Moser Bartley (mother of Frances Moser - he is buried at St Paul Cem, served in Rev War, my gr, gr, gr, gr grandfather)
Submitted by:Emily Stelly
Stokes Co, NC Will Book 3 pg 54
I, Sarah Bartley widow do make this my last will and testament, and first my will is that my bed and furniture shall belong to such of my children in whose house I die.
My clothes shall be divided among my four daughters or the survivor of them~ I wish to be buried at the burying ground where my first husband Leonard Moser is buried. and I give six dollars to my executors for the purpose of procuring tomb stone for him and myself.
My household furniture shall be sold by public sale and the proceeds there from and all my personal estate shall to be equally divided among my children, Sarah Volk, Peter Moser, Francis Moser, Christian Moser, Henry Moser, Michael Moser, John Moser, Ann Mary Wolff, Elizabeth Hess and Christina Geiger first deducting the above six dollars and burying expenses~ And I do appoint Henry Moser and Peter Moser executors of this my last will and testament. I witness whereof I have hereunto set my hand and seal the 10th day of February 1815
Signed sealed and delivered Sarah (her mark) Bartley seal
as the last will and testament
Sarah Bartley in our presence
George Booze
John Booze
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Leonard Moser's will-Surry Co, NC Will Book 1 pp 166-167
Submitted By: Emily Stelly
First: It is my will and order that my lawful debts and funeral expenses shall be paid without fraud or delay; Secondly, item I give and bequeath to my beloved wife Sara besides her third according to law, two hundred acres of land, joining the Wachoby line in the southwest corner of my tract and three cows and one mare and colt and two sheep;
Item: Furthermore I give to my son, John Moser at the decease of my wife Sara, the above mentioned two hundred acres of land in the southwest corner of my tract to him, his heirs, Executors, Administrators or assigns forever.
Item: I give and bequeath to my son Peter Moser, two hundred and forty acres of land joining the said Wachoby line in the southeast corner of my tract of land to him, his heirs, Executors, Administrators, and assigns forever, and said Peter Moser shall pay five pounds specie for the said two hundred to the under named children of mine, to be equally divided among them.
Item: I order the remainder two hundred acres of land in the north end of my tract and the remainder of my wordly Estate to be sold at a public sale, and the money to be equally divided between the under named children, except the third to be deducted for my wife Sara. The names of the children as follows: Jacob Moser, Michal Moser, Francis Moser, Samuel Moser, Christian Moser, Henry Moser, Sarah, Mary, Elizabeth and Christina.
Item: I give to my son, Leonard Moser one shilling sterling to be paid out of the effects which is to sold and I do likewise made and ordain Adam Binkley and Adam Woolf the Executors of this my last Will and Testament.
In witness whereof I have hereunto set my hand and seal this Tuesday, the sixteenth day of July in the year of our lord one thousand seven hundred and eighty two.
Leonard (X) Moser (seal)
Signed, Sealed and delivered
In the presence of us:
Philip Daniel
Adam Woolf
Adam Cintales
SURRY COUNTY, August Court 1782
Adam Woolf, one of the subscriving witnesses to the last Will and Testament of Leonard Moser, deceased, made oath that he saw the said Leonard Moser assi seal and pronounce and declare the same to be his last will and testament. Tom William, C.C. Submitted by:Emily Stelly
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Monroe County, Tenn. Will Book A (Abstract)
"Principal part of property now in my possession was purchased by my wife's father and by him given to my wife for the use and benefit of her and her children"
To wife, Polly to two sons, James A. and Joseph to other children, namely, Jane B., Lettitia, Mary H, Samuel T. and John C. (Robert having received his full part).
Execx: wife
Wit: Jeremiah Frazier, Joseph Smith, Preston G.B. Melton
Submitted by: Jean Sharp
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John Sutton, Sr. was b. NC 1790, was a charter member of Big Creek Baptist Church in Monroe Co. Tn .died in 1871 & is buried in the Big Creek church cemetary.
Submitted by; JSu1054631@aol.com
John Sutton, a citizen of Monroe County and State of Tennessee, being of sound mind and memory, do therefore make, ordain, and publish and declare this to be my last will & testament. That is to pay first after all my lawful debts are paid and discharged, the residue of my estate, real & personal, I give, bequeath and dispose of as follows. To wit: I give my beloved wife all my land and appurtenances situated thereon and also all my personal property to be hers until her natural death, and after the death of my wife, I give to my two daughters, Delilah Tallent and Elizabeth Sutton a part of my land that I now live on, bounded as follows: commencing on a spanish oak in or near the little hollow above the end of the lane, west from the house, running south direction to the mouth of the branch that comes from Isham Avan's. Thence, up the creek to the mouth of a little branch near Abraham Sutton's house, hence up the branch a southeast direction to the line, thence eastbound with the line to the beginning corner, being the east side of the farm containing one hundred acres more or less.
I also give my house and all rit-shen furniture to my two daughters above named to be equally divided between them. I also give my daughter Elizabeth a cow and a calf and a side saddle.
The balance of my land and personal propery, I give to the rest of my heirs, to be equally divided between them; William Sutton, Guilford Sutton, Anna Moses, Sisethey Tallent, John Sutton, Jr, Abraham Sutton & Oliver P. Sutton. Likewise, I appoint my son, William Sutton to be my executor of this my last will and testament.
In witness thereof, I have hereon to subscribed by name and affixed by seal; this the 12th day of February, 1870.
John Sutton (Seal)
X
Mark
The above written instrument was subscribed by the said John Sutton, Sr. in our presence and acknowledged by him to each of us to be his last will & testament, and we at the testator's request and in his presence, assign our names as witnesses:
Witness:
P. Isbill
Joseph Huff
Probated February term 1871, record book B, page 406
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Joseph Johnston's will-Blount Co., Tn. Will Book 1 pg. 81
In the name of God, Amen, I Joseph Jonston, being weak in body but of sound mind and memory, for which I thank God, and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly substance as it hath pleased God to bless me with, I give and bequeath the same in manner following, Vis, I bequeath to my son, James, a negro boy named Jack, to be his until he arrives to the age of thirty years, and then he is to be set free, within said thirty years, he is to be taught to read. I bequeath to my son Josiah, a negro boy named Moses, to be his until he arrives at the age of thirty year, and then he is to be set free, in which time he is to be taught to read. I bequeath to my son Samuel, a negro girl named Aremy, to be his until she arrives at the age of thirty year, in which time she is to be taught to read and then set free. I bequeath to my son Joseph, a negro boy named Jerry, to be his until he shall arrive at the age of thirty years, then to be set free, in which time he is to be taught to read. I bequeath to my sons, Robert and Ebeneazer, a negro boy named Arnie and a negro twin girl, name Winny to belong to the two, to be theirs until they arrive at the age of thirty years and then they are to be set free, in which time they are to be taught to read. Also to said Robert and Ebeneazer, I bequeath the one fourth of the plantation I now live on and two stills and a wagon, and also all the personl property I now possess, at my death. I bequeath to my son William, the three-fourths of the plantation I now live on, also a negro girl named Esther, she is to be his until she arrives at the age of thirty, then she is to be set free and within said time she is to be taught to read. I bequeath to my daughter Jean, a negro girl named Susan, to be hers until she arrives at the age of thirty, then she is to be set free and within said time she is to be taught to read. I bequeath to my daughter Margaret, a negro girl named Milly, to be hers until she arrives at the age of thirty, within said time she is to be taught to read. I bequeath to my son Francis's daughers Sally and Margaret, a negro girl named Mary Ann. Same conditions. I also allow my books of history to be divided amongst my boys. I also allow and it is fully understood that should any or all of the within named Negro girls have any children before they arrive at the age of thirty, they to be set free by their owners when they arrive at the age of thirty, and to be taught to read and so continue from generation to generation. I do hereby constitute and appoint my sons Josiah and Robert, executors of this my last will and testament. Hereby revoking all other wills and former wills and testaments by me hereto made. In witness thereof I have set my hand and seal this 27th day of April, 1824. Joseph Johnston.
Signed, sealed and Declared to be the last will and testament of the above Joseph Johnston, in presence of us who at his request and in his presence have hereunto subscribed our names to same. R. McCully Joseph Henderson
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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