Benjamin's will was supposedly written on parchment with an old quill pen.  William Joseph Whitehead, a son of Joshua Whitehead, supposedly said that he had seen the will and that a member of the family in TN had the original.  His will was recorded in 1837 in Will Book G., p. 534, Montgomery Co., TN.  However, judging by a portion of another will written, which was copied at the top of Benjamin’s will, this will does not appear to have been written by Benjamin but perhaps by a court clerk into the official probate records.

Transcribed as written
(Paragraphs assigned by Transcriber)

In the name of God Amen I Benjamin Whitehead of Montgomery County & State of Tennessee calling to mind the uncertainty of life and the certainty of death and that all mankind sooner or later must die.  Now being of sound mind and memory have thought proper to make this my last will and Testament (unreadable) & firm following to wit in the first place

I give & Bequeath unto my wife Sally Whitehead one Bed & one Chest & Table also one filly being a colt of the mare which I bought at Elisha Willins (Wilkins?) sale also three head of sheep & One Cow & Calf to her heirs and assigns forever.

Item     I give and bequeath unto my two sons Richard Whitehead and Joseph Whitehead my negro men Isham, George & Jacob & negro Woman Clary & her child Tom and her future increase (which negroes I conveyed to them some time since by deed of Gift) to take effect after my death to them their heirs assigns forever.

Item     I lend to my daughter Betsy Trotter for and during the term of her natural life one negro woman called Grace & all her children except Alick and her future increase; at her death I give and bequeath said negroes to all her surviving children (except her son Mitchell Trotter who is hereafter provided for) to (unreadable) her her heirs & assigns forever.

Item     I give and bequeath unto my grandson Mitchel Trotter on negro Boy called Alick Graces’ son to him his heirs and assigns forever.

Item     I lend to my daughter Polly Tribble during and for the Term of her natural life my negro woman Esther & her son Marcus and her future increase & at her death I give and bequeath said negroes to her surviving Children to be equally divided amongst them to them their heirs and assigns forever.

I give & Bequeath unto my Grand Daughter Lucy Simmons wife of Matthew Simmons my negro boy called Sam to her her heirs & assigns forever.

Item I lend to my Daughter Jency Trotter my Negro man called Jeff and my negro boy called
Henry during and for the Term of her natural life at her death it is my will that said negroes Jeff & Henry be divided amongst her surviving children to them their heirs & assigns forever.

Item     I lend to my daughter Angelica Jackson my negro woman called Polly & her children Mary George & Pleasant & her future increase during and for the Term of her natural life at her death I give and bequeath said negroes Polly Mary George & Pleasant and their increase to her surviving children which she now has and which may have by her Husband Mitchel Jackson to them their heirs & assigns forever----

Item     I Give & bequeath unto my daughter Betsy Trotter my negro man Will to her her heirs & assigns forever.

Item     I Give and bequeath unto my Grand son Benjamin Franklin Tribble my young sorrel Horse with a Blaze face which I got of Mr. Mellon to him his heirs & assigns forever.

Item     I order all my stock of Horses Cattle Hogs & Sheep not herein disposed of & also my farming utensals [sic] & household and Kitchen furniture to be sold & also all my other property not disposed of to be likewise sold and the proceeds (unreadable) of to be appropiated [sic] to the payment of all my just debts and the balance after paying the debts to be equally divided amongst all my surviving Children----

Item     I order and desire the hire of the negroes now hired out or which may be hired out at my death and the hire which may be due at that time for said negroes and also all debts which may be then due me to be collected and appropiated [sic] to the payment of all my just Debts and the Balance remaining to be divided amongst all of my surviving Children

Item     I order and direct that the Tract of land on which I now live containing about one hundred & Twenty two Acres be sold after my death and the money arising therefrom to be appropiated [sic] as follows, To wit should the sales of the perishable property, together with the amount of negro hire and other debts which may be due me at my death and which I have directed to be appropiated [sic] to the payment of all my just debts prove to be insufficient for that purpose then the money arising from the sale of the land to be appropiated [sic] to the payment of the remaining debts & the balance of said money arising from the sale of the land I give & bequeath unto my son William Whitehead to him his heirs & assigns forever but if the proceeds of the sales of the perishable property together with the amount of negro hire and other debts which may be due me at my death be sufficient to pay off all my just debts then and in that event I give and bequeath all the proceeds of the sale of the above mentioned Tract of land to my son William Whitehead to him his heirs & assigns forever---

Hereby revoking all former Wills and Testaments I constitute ordain and appoint Alexander M. Rogers & William Trotter executors of this my last will and Testament In Testimony whereof I have hereunto set my hand and seal this 26th day of May A. D. 1834

Note: Part of this portion of the will apparently was blotted out by ink or some substance so part of it was not readable.

Signed sealed (blotted out) the
last will and Testament of the said Benjamin
Whitehead in the presence of us who have
hereunto set our hands at his request as Witnesses to
said will & Testament
A. M. Rogers      Ben Whitehead (Seal)
C. Morris
James H. Raimey

A codicil or supplement to the Will which I have made and which is dated the 26th of May 1834 and witnessed by A. M. Rogers and Carter Morris & James H. Raimey I have thought proper to (unreadable) follows viz: I order and direct that the Tract of land on which I now live together with the Tract which I bought of Doctor Augustin Roberts to be sold after my death and the money arising therefrom to be appropiated [sic] as follows (to wit) should the proceeds of the sale of the perishable property together with the negro hires and other debts which may be due me at my death prove to be insufficient to pay all of my just debts then the moneys arising from the sale of my lands to be appropiated [sic] to the payment of all my remaining debts and the balance of said money arising from the sale of the lands I give & bequeath to all of my surviving children to be equally divided amongst them but should the proceeds of the sale of my perishable property together with the amount of negro hire & other debts which may be due me at my death be sufficient to pay off all my just debts then and in that event I give & bequeath all the proceeds of the sale of the above mentioned land to all my surviving children to be equally divided amongst them their heirs and assigns forever

Item     Another ateration [sic] in my will I have thought proper to make (to wit) my negro Boy Sam I have concluded to give and bequeath to my Grandson William Trotter to him his heirs & assigns forever

And I hereby Give and Bequeath unto my Grand Daughter Lucy Simmons Wife of Matthew Simmons my negro boy called Henry to her her heirs and assigns forever.  In Testimony whereof I have hereunto set my hand and Seal this 15th day of October 1835

Signed Sealed and declared to be an addition
or supplement to the last will & Testament    Ben Whitehead {Seal}
of the said Benjamin Whitehead in presence
of us subscribing Witnesses
A. M. Rogers     Proven in open Court
M. G. Gholson (unreadable--provider?)  March Term 1837

Know all men by these presents that we William Trotter Mitchel Jackson Wm. B. Cocke Wm M. Irby & C Morris all of the County of Montgomery and State of Tennessee are held and firmly Bound to the Governer [sic] in and over the State or his successor in Office in the (unreadable) sum of Thirty Thousand dollars to be paid to the said Governer [sic] or his successors in office or their assigns which payment well and truly to be made we bind ourselves our (unreadable) executor administrators & assigns Joint by and (unreadable) firmly by them presents sealed with their seal and dated the 6th day of March 1837.

The Condition of the above obligation is such that whereas William Trotter is appointed Executor of the last will & Testament of all and singular the Goods & Chattel rights (unreadable) of Benjamin Whitehead dec’d and has (unreadable) accordingly (unreadable) of the said William Trotter shall make or cause to be made a true and proper inventory of all and (unreadable) the goods & chattels rights and tender (?) of the deceased which have or shall have unto his hand or possession belonging to the said Benjamin Whitehead deceased in his lifetime or into the hands of any other person or persons and the same so made do exhibit or have to be exhibitted unto our (unreadable) County Court and the same Goods & Chattels rights & Credits  of the deceased at the time of his death or which at any other time hereafter may come into the hands of any other person or persons and the (unreadable) made shall will and truly execute the said Will according to the direction thereof and according As Law and further do make or cause to be made a true & Just account of his executorship according to the direction of the said will or within the time prescribed by Law and all the rest and residue of these Goods & Chattel rights & Credits which may be found remaining in the hands of the said executor or account for and pay over & deliver to such person or person respectively as the (unreadable) shall be due according to the directions of the will thereof assignable to Law and shall will and truly exhibit or cause to be exhibitted unto our County Court an account thereof and shall will and Truly perform the duties enjoined on him as Executor of the said Will of the said Benjamin Whitehead deceased according to the Laws of the County and in such case made and provided then their obligation to be void otherwise to remain in full force & Effect
         William Trotter (seal)
       Mitchel Jackson (seal)
       Wm. B. Cocke (seal)
Acknowledged in open Court    Wm. H. Irby (seal)
March Term 1837     C. Morris (seal)

Submitted by Jean Hancock theshadow@glade.net
 
 
 
 
 
 
 

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