COZART FAMILY WILLS

Denise Cozart sent these wills to share.

Joshua Cozart
Will
Proven at Dec. Term 1851
See Minute Book No. 6, p. 406

I, Joshua Cozart, 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 be paid as soon after my death as possible out of moneys that I may die possessed of or may first come into the hands of my Executors.

            Secondly: I give and bequeath to my beloved wife Elizabeth Cozart, during her natural life or widowhood, my tract of land on which I now live and stock of all kinds on it or belonging to me; also my farming utensils, household and kitchen furniture; together with all my slaves except my slave - named Green.

            Thirdly: After the decease of my beloved wife my tract of land to be equally divided by a North and South line between my son Joshua M. Cozart and my daughter Mahuldy Cozart. I also give and bequeath to my son Joshua M. Cozart my slaves - Hester and her son John. And likewise to my daughter Mahuldy my slave - Martha, also to her one hundred dollars to be paid over to her by Executors as soon as collected out of the cash notes now in my hands.

            Fourthly: — I give and bequeath to my grand son Berry M. Grey and my grand daughter - Cintha A. E. Grey my slave Green valued at Six hundred dollars.

            My will is that my wife Elizabeth Cozart take my two grand-children, Berry M. Grey and Cintha A.E. Grey, under her care control; and the slave Green under her management and control whose services is to defray the expenses of their board clothing and schooling, till the two children are of age, but should my wife die before they are of age I will that my son Joshua M. Cozart and my daughter Mahuldy Cozart have the same control of these said children and my slave Green as directed above that my do. But should both these children die, I will that slave Green revert to my heirs named in my will.

            Fifthly: — I give and bequeath to my son Gilbert Cozart a slave, Jeff, valued at three hundred and fifty dollars which he has already in his possession.

            Sixthly: — I give and bequeath to my son Madison Cozart a slave - Sam valued at four hundred dollars, which he has already in possession.

            Seventhly: — I give and bequeath to my daughter Jane Hathaway a slave - Lidia Ann, valued at four hundred dollars whom {s}he has already in possession.

            Eighthly — I give and bequeath to my daughter Malinda Allen a slave - named Jack valued at four hundred dollars which she has already in possession.

            Ninthly — I give and bequeath to the heirs of my son William D. Cozart, deceased, viz., Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Newton Cozart, Henderson Cozart and Jasper Cozart. These last mentioned six to be considered as one heir; A. Haywood Cozart and Thornton L. Cozart; And as one heir Cintha A.E. Grey and Berry M. Grey, be made equal in this final division of my moneys and effects, including what they each have already received as I have mentioned above.

            Lastly: I do hereby nominate and appoint my two sons Gilbert Cozart and Joshua M. Cozart my Executors.

            In witness whereof, I do to this my will, set my hand and seal, this 27th day of _____ 1851.

Signed, sealed and published in our
presence, and we have subscribed
our names hereto, in the presence
of the Testator, this day of 1851.

Gilbert Cozart
Will
Proven at August & Septr. Terms 1860 Probate —
See Minute Book No. 9, pp. 211, 216

In the name of God, Amen.

            I, Gilbert Cozart, being of sound and sane mind, make this my last will and testament; hereby revoking all others heretofore made.

            1st — It is my wish and desire that my funeral expenses and all my just debts be paid by my Executor who is hereinafter named, out of any of the moneys that may be on hand as soon after my death as may be practicable.

            2ond — I will and bequeath unto my beloved wife Mary Cozart, all of my real and personal estate during her widowhood for the use and mutual benefit of herself and my children, but if she should marry, then in that case it is my wish and desire that my real and personal estate remain in common stock under the direction and control of my wife for the use and benefit of my wife and children until any one of my children shall marry or arrive at the age of twenty-one years of age at which time it is my wish and desire that such an one or ones of my children as may have married or arriven to the age of twenty-one years of age, have their portion of all my real and personal estate allotted unto them by commissioners appointed by the County Court for that purpose making my wife an equal sharer of the same during her natural life beginning with the first and second and so on until the youngest shall marry or become twenty-one years of age.

            3rd — It is my wish and desire that after the death of my wife that her portion of my real and personal estate be equally divided between all of my children each to share and share alike.

            4th — I will and bequeath unto my wife a sufficient amount of my stock of hogs, horses, sheep and cattle for their support and as much or many of my farming tools as may be necessary to carry on the farm, likewise two yoke of oxen and my wagon for the above named purpose and all household and kitchen furniture the balance to be sold together with the crop after leaving a sufficient amount of corn and fodder wheat for one year support by my Executor hereinafter named.

            5th — I give and bequeath unto my wife and my children all the moneys that may belong to my estate after all my debts and legal expenses for settling up my estate shall be paid, to be equally divided between them each to share and share alike. It is further my wish and desire that the moneys belonging to my children be placed in the hands of a Guardian appointed by the County Court, and that they be sent to school and the tuition of each one of them be paid by said Guardian out of the money each one may have allotted unto them.

            Lastly — I do nominate and appoint Radford Withers my Executor to my last will and testament.

            In witness whereof I do to this set my hand and seal this 12th day of July 1860.

Signed, sealed and acknowledged in
our presence, and we have subscribed
our names as witnesses in the presence
of and the request of the testator

Return to Madison County Records On-Line