Thomas West Will
Thomas West Last Will and Testament
Source: Robertson County Court October term 1862.
Transcribed by Karen Payne
© 2008
In the name of God Amen this 3rd day of October in the year of our Lord 1858, I, Thomas West of the County of Robertson, State of Tennessee being of sound mind by the blessings of God calling to mind the frail time of life and that it is appointed to all men once to die, I do make and ordain this may last Will and Testament. That is to say principally and first of all I commend my soul to God and the hands of Almighty God who gave it to me and the disposition of my body I leave to the entire discretion of my friends. With respect to my worldly estate I give, bequeath and dispose of in the manner and proportions here following.
First, I, Thomas West and my wife Rachael in her life time gave to our children as follows to wit Elijah West our eldest son one Negro boy named Washington valued at six hundred dollars and also one hundred and fifty dollars in money. And also to our son Andrew West one Negro by name of Peter valued at four hundred fifty dollars and also fifty acres of land valued at one hundred fifty dollars and also Martin blessed our son one Negro by the name of David valued at five hundred dollars and also hundred fifty dollars in money. And to our daughter Triphenia Wright one Negro girl named Fanny with all her increase valued at the time to five hundred dollars and also to our daughter Rebecca Eliza Wright one Negro girl named Emaline with all her increased valued at eight hundred dollars. And also to our daughter Laney Wright one Negro girl named Deliha with all her increase valued at one thousand dollars. Also to our daughter Sarah Taylor one Negro girl name Harriet and her increase valued at one thousand dollars. And also to our son David West one Negro girl named Lucy and her increase valued at two hundred and also 45 acres of land valued at hundred fifty dollars.
Secondly, being desirous to make all of our children equal in our estate, I Thomas West give and bequeath unto my son David West all my landed estate where as I now live consisting of 142 acres at valuation and if it cannot be more than his equal share with the rest of my heirs, then and in that he can shall refund the over back to be divided between the other heirs.
Thirdly , all my estate other than the land after all of just debts and funeral expenses are paid to be equally divided by valuation among the balance of my children consisting of two negro men both named Jacob and four boys named Alfred, Isaac, Elisa and Johan and also five women named Rachael, Catherine, Millie, America and Nell and five negro girls named as follows Lydia, Minnie, Anica, Tabitha, Jane and Sarah. All of said Negroes to be put in lots and drawn for the balance of the heirs. And any lot after it is drawn at its valuation should be of greater valuation with what said heir or heirs equal share said heir or heirs shall refund to the other heirs. And also if my land at its valuation should not make my son David West share equal with the other heirs with what he has heretofore received as above stated he shall receive such sums as will make him equal with the rest of my heirs.
Fourthly, All the balance of my estate to be sold and equally divided among my children so as to make them all equal with what they have already received as above stated.
Fifthly, And it is my desire that Dudley E. Brook, John Henry and William Meguire by the valuers of said estate and superintend the allotting and drawing of the sales and if either of the above named individuals should fail from any cause whatever then such vacancies should be filled by my executor choosing some other person to act in their room and stead.
Sixthly, And I hereby appoint my two sons Andrew West and David West my executors of this my last will and witness my hand and seal this day and year above written.
Thomas West (seal)
Signed and sealed in our presence
W. M. C. Barr
D. A .West
David Payne
Robertson Co. Court October term 1862
The foregoing last will land testament of Thomas West deceased was presented in open court and duly proven and was declared by the court to be the last will and testament of Thomas West deceased and ordered to be recorded.
W. W. Murphy C M
G. W. Davis D C
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