Thomas Payne Will
Thomas Payne Will.
Source: Robertson County Tennessee Will Book 6, page 308-309-310.
Transcribed by Jerry Wilson
© 2009
Probated May Term 1828
In the name of God, Amen.
I Thomas Payne of Robertson County and the State of Tennessee being of sound mind and disposing memory and calling to mind that it is appointed for all to die and as touching such worldly Estate where with it has pleased God to bless me with I and bequeath the same in the following manner.
Item 1st, I give and bequeath to well beloved wife Jean Payne the one third of my land during her natural life or widow hood to be freely possessed and enjoyed by her with all the farming utensils.
Item 2nd, I give and bequeath to my well beloved son John Payne the tract of land known by the England tract containing one hundred and thirty acres to be by him and his heirs freely possessed and enjoyed forever, also one brown horse.
Item 3rd, I give and bequeath to my well beloved son Thomas Payne the tract of land I now live on. Containing one hundred and forty eight acres to be by him and his heirs freely possessed and enjoyed forever also one gray horse colt.
Item 4th, I give and bequeath to my well beloved daughter Eliza Jean Payne, one negro woman named Nancy but it is to be understood and it is my will and desire that, that my well beloved wife have the benefit of said negro woman during her natural life or widowhood and the increase of said negro woman to be equally divided amongst my several children heretofore mentioned that is, John Payne, Thomas Payne and Eliza Jean Payne till the death of my well beloved wife Jean Payne. The said negro woman with all her increase is to be freely possessed and enjoyed by my well beloved daughter Eliza Jean Payne and her bodily heirs.
Item 5th, I give and bequeath to each of my children heretofore mentioned one feather bed and furniture at the discretion of my Executor hereafter mentioned to be as near of one quality as they can, also my household and kitchen furniture to be for the use of my wife and family and after the death of my well beloved wife Jean Payne my house hold and kitchen furniture to be equally divided amongst my several children heretofore mentioned.
Item 6th, The balance of my stock, horses, cattle, hogs and sheep and not mentioned it is my will and desire that they be for the use of my wife and children heretofore mentioned and for their support, and if the stock before mentioned should increase so that there would be more than would support my wife and heretofore mentioned it shall be in the power of my Executor hereafter mentioned, to sell any of said stock having care to divide the amount of sale equally amongst my several children heretofore mentioned.
Item 7th, It is my Will and desire that my well beloved wife Jean Payne have free and peaceable possession of my dwelling house and all other houses during her natural life or widowhood.
Item 8th, and it is my Will and desire that my Executor hereafter mentioned if any of my children heretofore mentioned should marry before they are twenty one, if there is any stock to spare from supporting my wife and family taking care to make an equal division to let them have such as can be spared.
Item 9th, and lastly and I do hereby constitute and appoint my well beloved wife Jean Payne Executor of this my last Will and Testament and I do hereby revoke, disannul, disallow all other wills or legacies heretofore made by me in witness whereof I have here unto set my hand and seal this 5th day of August 1827.
Thomas (his mark) Payne
Signed, sealed, published and declared
As and for the last Will and Testament
Of him the said Thomas Payne in
Presence of
Jas. Sawyers
Richard Chowning
Furney Westbrook
Robertson County Court May Term 1828.
The last Will and Testament of Thomas Payne dec’d was proven in open Court by the oath of James Sawyers, Richard Chowning and Furney Westbrook subscribing witnesses thereto and ordered to be recorded.
Test. W. Seal Clk.
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