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Early Rutherford County Wills |
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John Ham(p)ton's Will
Posted by Nancy Attey <n_attey@hotmail.com> on Mon, 08 May 2000
Surname: Hampton
Will 1818 Rutherford County TN record book 4 page 128 As follows: John
Hamptons Will
In the name of God, Amen. I, John Hamton of the county of Rutherford
and the state of Tennessee, being sick and weak in body, but of perfect
sound mind and memory blessed be God do this first day of May in the year
of our lord one thousand eight hundred seventeen make and publish this
as my last will and testament in manner following that is to say - fisrt
- I give and bequeath unto my loving wife, all my personal property both
in the house and out of doors, consisting of horses, cattle, hogs, planatation
tools, houshold and kitchen furniture all to be her lawful right and property
during her life or widowhood, but at her decease or marriage then to be
sold and equally divided between my three youngest children viz my daughter
Rebecca and my daughter Martha and my son Isaiah - as to my elder children
I have given them their portion to my son John I have given one [hog?]
and $8. To my son James I have given one cow. To my daughter Mary I have
given one bed, Thomas I have given one cow and calf. To my son William
I give one horse and one cow and her increase, to my son Richard I leave
one cow if to be spared - And to George [Stirnuell] my son-in-law I leave
twenty five cents and lastly I make and ordain my trusty friend Edward
Moreland and Solomon Beesly Esq my true and lawful Executors of this my
last will and testament and I do hereby revoke all other will or wills
and testaments by me made and do hereby make and publish this and no other
to be my last will and testament if witness hereunto I have set my hand
and seal the day and year above written in presence of Christopher Bates
Nathl Underwood Signed John Hamton
James D. Scrape's Last Will & Testament
Posted by James Michael Scrape <mscrape@isiar.com> on Thu, 04 May
2000
Surname: SCRAPE, ELDER, WADE
James D. Scrape Last Will and Testament
September 15, 1840
Gibson County, Tennessee
I James D. Scrape of the County of Gibson in the state of Tennessee
do make and publish this my last Will and Testament
Hereby revoking and making void all former wills or wills by me
At anytime here to forever made
And first I direct that my body decently interned in a manner suitable
to my constitution in life
And as to such worldly estate as it has pleased God to entrust me
With I dispose of the same as follows To __ 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__ _____of __ that may
First come into the hands of my Executrix from any portion of my
Estate real or personal
Secondly I leave unto my beloved wife Sarah Scrape the proper use and
benefit ___and profits of my whole entire estate real and
Personal and mixed and of whatever nature and kind ___ and when
So the same may be forever during the time of her widowhood
And if she shall not marry during her widowhood ___time for and
During the terms of her ___ for the purpose of raising educating
And supporting my family of children by said Sarah in a decent
And becoming manner It is my will that if my said beloved wife
Sarah Scrape marries after my ____ and during her widowhood then and
in that case my whole estate in manner and form above disposed of shall
immediately sold for cash or on a reasonable
Credit as may be thought best and the proceeds there of equally
Divided between my said beloved wife Sarah Scrape and
William H. Scrape, Eliza E. Scrape, Susan M. Scrape,
Sarah E. Scrape, Amanda A. Scrape my children. Son and
Daughters by my said beloved Sarah Scrape each to take
Their fair share or portion absolutely and in __ for themselves
Their heirs ___ forever.
And it is further my will that of the my said beloved Sarah Scrape
shall not marry after my demise and during her widowhood when
In that case my whole estate in manner and form above of is to be sold
for cash or reasonable credit and equally divided between
Said children by said beloved wife Sarah Scrape, to let
William H. Scrape, Eliza E. Scrape, Susan M. Scrape,
Sarah E. Scrape, Amanda A. Scrape each taking his or her share
Absolutely and in for to this and other forever.
And it is further my will that if my beloved wife Sarah Scrape
Shall at anytime during her widowhood look upon advisement
With ___or ___ it prudent or best to sell my tan yard establishment
With my stock that may be on hand and also the lot of ground
On which tan yard establishment is situated for the purpose of investing
the ____there of in some other way, otherwise in that
Case my said beloved wife Sarah Scrape is hereby fully authorized
And empowered to make sale of the same above and in __ for the
Best price she can procure in cash or on a reasonable credit as ___
Most advisable and make and a good and sufficient as my sole
Executrix in with general warranty or otherwise for same.
And I do hereby make ordain and appoint my beloved wife sole
Executrix of this my last will and testament
I do not require a Listator have to this my last will and testament.
Written on one sheet of paper set my hand and affixed my seal
On this 15th day of September in the year of our Lord one thousand
eight hundred and forty.
James D. Scrape ( seal )
Signed sealed and published in the
Presence of us who have here unto
Sign sealed our names as witness
In the presence of the listator
And each of us
B. Elder
Robert Elder
W. K. Love
James D. Scrape and Sally / Sarah D. Elder Scrape were living in Rutherford
Co Tennessee in the 1815 to 1835.
And this will was transcribed by Tammy Shalina Scrape Garner
4th Great granddaughter of James and Sarah Scrape and by James Michael
Scrape who is Tammy's father
--------------------------------------------------------------------------------
Benjamin Towler / Last Will & Testament
Posted by James Michael Scrape <mscrape@isiar.com> on Thu, 04 May
2000
Surname: TOWLER, SCRAPE, ELDER, REESE, CRISP, DANCY, JOHNSON, RANDOLPH,
JONES, SMITH, FARMER, BLANTON, WADE
Benjamin Towler
Last Will and Testament
May 4, 1831
In the name of God Amen, I Benjamin Tower of the state Tennessee, Rutherford
County. Although at present in tolerable health
Thanks be to God, yet certain circumstances render it my duty to provide
for the disposal of the little property I possess or may here
After possess and while ___ ___ of a sound mind___ I Benjamin
Towler do make this my last will and testament in the following
Manner.
1. I bequest that all my debts I owe may be paid by my executor.
2. I give to my grandson John Reese son of John Reese and
Martha Reese his wife the sum of five dollars.
3. I give to my granddaughters, Sally Scrape and Polly Crisp
The sum of five dollars a piece.
4. To my ever dear respected wife Martha Towler I give whole And every part of the balance of my property, land, Negroes,
Stock of every kind, household, and kitchen furniture, farming utensils
__ ___ during her life.
5.At her decease my will is that Mary Elder my daughter shall
Have all the tract of land where on I now live and where on
William Elder lives with all the household furniture that is
Now in William Elder’s possession and I further give my
Daughter Mary Elder my Negro man named Peter and Lucy
His wife and her family of children namely Elizabeth,
Phillip Johnson, William ____, David Randolph, Lucky Jones
And Bob are also and also hers ______ hereafter if any. I will
This property to my daughter Mary Elder for own proper use,
During her life and not to be liable for any contracts of her
Husband William Elder or any other husband, and at her death
The property is to be equally divided amongst the following
Persons, _____ Benjamin Elder, William Elder Jr.,
James Elder, Robert Elder, Monroe Elder, John W. Elder,
And Harry L. Elder,
6. I give to my grandchildren Sally Dancy heirs, the following
Negroes, Polly and her four children and her ___ which is
already in Iszack Dancy’s possesion ,also a Negro woman
Named Lucy and a man named Braston which is in my
Possession, also three hundred dollars in cash to be made
From the sale of my stock and divided between said heirs.
7. I give the balance of my stock and household furniture
To my two granddaughters ___ Sally Scrape and Polly Crisp
Together with the five dollars apiece before named.
8.And lastly I appoint my grandson Benjamin Elder my
Executor to this my last will and testament in witness to
The above. I the said Benjamin Towler have to this set my
Hand and seal this 4th day of May in the year of our Lord
One thousand eight hundred and thirty one.
Benjamin Towler ( Seal )
Signed sealed and acknowledged by
Sw Benjamin Towler
For this his last will and testament in
The presence of us
Wm. H. Smith
Joseph Farmer
Benjamin Blanton
Benjamin Elder to Know all men by these presents that we
Executors Bond to Benjamin Elder, James D. Scrape, and
July Term 1838 Lewis Wade are held and firmly bound
By Newton ______ Governor of the state of Tennessee and his ____ in
office in the just and full sum
Of two thousand dollars for the payment of ____B will and truly to
be made. We and each of us find our heirs Executions and
Administrators _____ _____ and firmly by these presents sealed
With our seals and dates this 24th day of July 1838.
The condition of the above obligation is such that ____ the above bound
Benjamin Elder hath this day taken upon
Himself the ____and Execution of the will of
Benjamin Towler deseased.____if the said Benjamin Elder
Well and truly execute the same by paying first the debts
Of said deseased and ___ ____ ____ ____ in said
Will as ____as ___Fate will come into his ____ Will
The law charges him and makes a true and perfect inventory
Of the goods and Cattles of the deceased and return the sums
In the time prescribed by law then this obligation to be void
Otherwise to ____ in full force and ______
Test sc ____ ___ Benjamin Elder ( Seal)
J.D. Scrape ( Seal )
Lewis Wade ( Seal )
This was transcribed by Tammy Shalina Scrape Garner 6th great granddaughter
of Benjamin Towler and by
James Michael Scrape 5th great grandson of Benjamin Towler
And father of Tammy Shalina Scrape Garner on May 1, 2000
Will - James MacKlin, 1818
Posted by Colonel John L. King, USAF (Ret) <cjking@flash.net> on
Tue, 02 May 2000
Surname: BONE, BUMPASS, MACKLIN, OVERALL
Record Book 4, Page 237 – Will of James Macklin of Rutherford Co., Tn.
Date of Will; 21 November 1818 – Filed; Dec. term 1819, Executors; W.A.
Macklin (son) and William Bumpass
Witnesses; George Rowland, Abner Wasson
“James Macklin’s Will– November 21st 1818 – In the name of God, Amen,
I James Macklin, of the County of Rutherford & State of Tennessee,
being in health and sound in mind and memory, (thanks be to God for his
mercies) – calling to mind the morality of my body, I think it proper to
make will & testament – First I bequeath to my well beloved son, John
A. Macklin, one dollar – Item – I give & bequeath to my well beloved
son, David W. Macklin, one dollar – also to my well beloved son Robert
Macklin, one dollar – also to my well beloved son, William A. Macklin,
eight hundred dollars – also to my well beloved daughter Peggy F. Bumpass
five hundred dollars, also to my well beloved daughter Catherine S. Bone
six hundred dollars, also to my well beloved daughter Jane Overall, six
hundred dollars, - I also will & bequeath to my well beloved daughter,
Unice Macklin, seven hundred dollars, the old sorrel mare, saddle and bridle,
bed & furniture, one cow & calf known by the name of Lade, one
china press & bureau, and I also appoint my son W.A. McLin & William
Bumpass, executors to make sale of all my property except what has been
named above, and pay all my lawful debts and should my estate amount to
more money than what has been named, it is to be equally among my children
– In witness whereof I the said James Macklin have to this last Will &
Testament set my hand and seal the day & year above written – IN the
presence of –
James Macklin (SEAL)
George Rowland Abner Wasson”
Will - James Peyton Bone, 1865
Posted by Colonel John L. King, USAF (Ret) <cking@flash.net> on Tue,
02 May 2000
Surname: ALFORD, BONE, EASTER, KING, RANKIN, THOMPSON
“March 4th, 1862 Known all now by their presence I James Bone have this
day in the name of God willed and do bequest to my well beloved wife Jane
C. Bone the following property to have and hold forever. Two of my choice
horses and three of my choice milk cows and all of my sheep and all of
my hogs. My wagon and oxen and two sets of plow gear all of my plows &
plow equipment. All of my corn, clover hay, oats wheat, and meat that I
have on hand and my growing crop and also one Recpt on R.D. Rankin and
all of my house hold and kitchen furniture except one secretary and the
[?] and house in which I now live and said forty acres of cedar land adjoining
B.H. McAdoo and others the above tract of land to have during her natural
life and at her death be sold and equally be divided among my heirs. I
further will and bequest to my well beloved daughter Amelia A. Alford and
to her heirs of her body my negro women Nancy to have and hold forever.
I further will and bequest to my well beloved son Henry C. Bone my male
colt and my secretary to have and hold forever. I further will and bequest
to my well beloved son Bailey P. Bone my sorrel mare and colt which he
has in possession to have and hold forever. I further will and bequest
to my well beloved son William B. Bone one hundred dollars to have and
hold forever. I further will and bequest to my well beloved daughter Maria
E. Alards heirs one hundred dollars which I have paid to have and hold
forever. I further will and bequest to my well beloved daughter Jane C.
King five dollars to have and hold forever. I further will and bequest
to my well beloved son John Bone fifty dollars to have and hold forever.
I further will and bequest to my well beloved daughter Sarah H. Easter
fifty dollars to have and hold forever. I further will and bequest to the
heirs of my well beloved daughter Christina G. Thompson fifty dollars to
have and hold forever. I authorize and empower my executor to sell one
tract of land I own lying in the District of Rutherford County adjoining
the Louis H. Bone and others and all my property not otherwise provided
for. I hereby appoint L.B. Rankin my executor to this my last will and
testimony and empower him to sell all of my property provided in my last
will and testament collect all debts due me and pay all my debts and comply
in full with my last will and testament. In signing whereof I hereby set
my set my hand and seal this the fourth day of March A.D. (1862) Eighteen
Hundred Sixty Two.
James Bone (seal)
A.G. Lubbett
B.H. McAdoo
State of Tennessee
Rutherford County County Court October Term 1865
The foregoing attached last will and testament of James Bone Deceased
was this day presented in open court as the executor thereof was dully
sworn by the oath of A.G. Lubbett one of the subscribing officials thereto,
and the handwriting of B.H. McAdoo the other subscribing officials was
proven in open Court by the oaths of G.N. Kerr, Samuel C. Donnell and S.L.
McAdoo and said will was ordered to be recorded. 2nd day of October 1865”
Inventory of the Estate of James Bone, Pages 528, 529 of Rutherford
County Record Book.
A settlement made with L.B. Rankin, executor of James Bone Decd. by
me Jno D. Wilson Clerk of the Rutherford County Court. I find said executor
indebted to said estate as follows
To J.D. Rowlett, note & int to collected of W.C. Kinley Secty $66.50
To P.H. Allsup note & int 10.00
To proceeds of sale of cow & calf 22.00
To ½ proceeds of sale of land (1/2 not due until Nov 1870) 231.75
$329.75
I find said executor entitled to the following credits
By John James Clk fees on Bond & Inventory $8.00
“ State & Co Tax for 1865 9.73
“ J.J. Lawing ofc for coffin 45.00
“ Hall & McKinley acct 34.65
“ Neilson & Cricklen acct 19.00
“ State & Co Tax for 1861 10.21
“ W.C. Cook acct 40.00
“ J.S. Thompson Receipt 90.00
By allowance to executor $16.00
“ clerks fee for making settlements 2.50
“ T. Winships acct for covering sale 3.00
“ John Guess acct for surveying land 5.00
“ stamp on deed to W.A. Reed .50 283.59
Bal due estate from executor $46.16
Witness my hand at office at Murfreesboro this 15th day of January 1870
Jno D. Wilson, Clk
Page 126, Rutherford County Clerk Records
James Bone Decd.
Inventory of the estate of James Bone Decd.
1 note Elan McKnight decd. 12 Dec 1849 (insolvent & dead) $52.25
1 “ I.B. Ramlia & G.L. McKinley 10 Jan 1861 collected 61.30
1 acct on Jno Lewis insolvent 1.33
1 W.C. Fulton 1859 out of date person not found 3.10
1 McHenry bankrupt 7.85
1 note A.L. Allsup 1860 collected 8.00
1 acct M. Huggins proven to be paid to decd. 1.65
1 note Peter Campbell 6 Jan 1856 dead & insolvent 8.21
1 ” Jno Lauvena 5 Feb 1856 insolvent or unknown 13.75
1 ” Cannon Sopila 18 Nov 1850 “ 3.35
1 “ Chas Packett 5 Oct 1850 “ 2.20
1 “ Jno Doak 6 May 1842 “ 7.15
1 “ Jno Gillian 5 April 1839 “ 3.50
1 “ Thos Fondlak 5 April 1849 “ 14.00
1 “ A. Lewis 18 June 1852 “ 3.10
1 “ Paul James 16 May 1850 “ 17.50
1 “ Cannon Sopila 18 Nov 1851 “ 3.35
1 “ A.B. Upchurch 22 Jan 1846 “ 7.00
1 “ B.S. Morgan 7 Jul 1829 “ 7.00
1 “ Chas Puckett 5 Oct 1850 “ .90
1 “ I. Casey 4 Apr 1827 “ 5.50
1 “ T. Richards 4 Oct 1830 “ 13.00
1 “ I. Manning 13 Sept 1830 16.68
1 cow & yearling valued at 25.00
3 tracts of land for which I find no deed
L. B. Rankin, exc.
--------------------------------------------------------------------------------
Will of Leland Jordan
Posted by Margaret J. Johnson <johnson.mjordan@att.net> on Mon, 24
Apr 2000
Surname: Jordan
The Will of Leland Jordan
Will of Leland Jordan of 2117 LaSalle Avenue, Los Angeles, California,
I, Leland Jordan, do hereby make this as my last will and testament, revoking
all former wills. I appoint my son, Henry E. Jordan, as the executor of
my will and estate. I release him from giving security on his bond as such
executor.
I have heretofore given to Mary J. McColloch, my daughter, a gift or
advance of $4000.00. I have given the same amount, also, to my son Henry
E. Jordan, as my private papers will show.
I have given other moneys and advances to every one of my children,
these, the above mentioned $4000.00 each, are the only advances or gifts
that I take into account as the other amounts were made equal to all. I
mean by that, that Mary J. McColloch and Henry E. Jordan received $4000.00
each more than my other six children have received.
I now herein give, bequeath, transfer and convey by title in fee simple,
absolute, to my following named four children, Charles R. Jordan, Mrs.
Theresa J. Rees, Leland Jordan, Jr. and Mrs. Martha J. Rees, the following
described parcel of real estate located in Murfreesboro, Tennessee, at
the intersection of Maple and College Streets, fronting 45 feet west on
Maple Street and running back about 73 feet on College to the Bilbro west
wall, on which is situated a brick filling station on the the first floor
and offices on the second floor. This property is now under lease. I give
to each one of said named children a one-fourth undivided interest in fee
simple, share and share alike, valuing said gifts to them at $4000.00 each.
To my two remaining children, Mrs. Letitia J. Lytle, and Mrs. Elizabeth
J. Deckbar, I give $4000.00 each to be due and payable to them from my
estate by my executor, as soon as he can do so under the law.
I give to my grandson, Leland Walker Jordan, of Stevenson, Ala. my certificate
of stock of the nominal value of $5600.00 in the Gray and Dudley Company
of Nashville, Tennessee.
After paying all debts, taxes due, all inheritance tax, all Government
tax, either State or National out of my estate my executor will divide
the remainder among all eight of my children share and share alike.
I give to my daughters their share of my estate to their sole and separate
use free from the debts, contracts or control of their husbands.
WITNESS MY HAND, LELAND JORDAN
August 5, 1934
WITNESSED: H.A. Getz
Mayme D. Getz
Filed Feb. 25, 1935
Ordered Recorded in Rutherford County, Tennessee.
July 9, 1935
J.P. Leathers, County Court Clerk
Edward L.Jordan, Sr's. Will
Posted by Margaret J. Johnson <johnson.mjordan@att.net> on Sun, 23
Apr 2000
Surname: Jordan
The Will of Edward L. Jordan, Sr.
I, Edward L. Jordan, Senior, of the town of Murfreesboro, Tennessee,
being of sound mind, but growing old, and knowing that I must pass away,
do make this last will & testament as follows:
I give to my beloved wife, Mildred H. Jordan, my home place, including
the lot lying just South of the house with everything upon said place,
my household and kitchen furniture of every kind, my horse and barouche
and buggy, my cows and calves - In short, everything upon said place. I
further direct my executors to hold my First National Bank stock of Murfreesboro,
Tenn. and pay to her the dividends as long as she may live.
After the death of my wife I give my home place to my daughter and her
children, including the lot lying South & in front of the home place
and all the furniture of the house and kitchen, also my buggy, barouche
and harness, also my cows and calves, to my daughter, Maggie H. Taylor,
absolutely, and I charge her with the sum of six thousand dollars for said
home place. This amount to be added at the time of my death to the amount
found to be charged to her in my book of advancements and to be taken into
account as a part of her share in my estate. My book, a small book in my
tin box now in the Bank safe, containing my advancements to my five children
stays in my tin box in the safe and it will be looked to and decide what
am't each and every child has received in advancements, the above amount,
six thousand being, added to the am't charged to Maggie. I have charged
Three Thousand dollars Toon Iron (?) stock to my son Eddie but still hold
the certificate.
I will and direct that my five children share equally in my estate &
I will that each child be made equal, taking the advancements into account.
After the death of my wife, if my children have been made equal in their
shares, I will that my First Bank stock be equally divided among all my
children. If they have not so made equal I authorize my Executors to sell
enough of Bank stock to make them equal, and to equally divide the remainder
between my five children, or their descendants.
I direct that my Executors erect a suitable monument to my memory.
I nominate and appoint my two sons, M. F. & Leland Jordan executors
of this my last will and testament.
Decr. 24, 1898
Edw'r L. Jordan, Sr.
Witnesses
S. H. Hodge, Sr.
H. H. Williams
Charles Ready's Will
Posted by Margaret J. Johnson <johnson.mjordan@att.net> on Fri, 21
Apr 2000
Surname: Ready
The Will of Charles Ready Sr.
I Charles Ready, Sr., of Rutherford County Tennessee do make and publish
this my last Will and Testament, hereby revoking all other Wills by me
heretofore made.
First; I direct that my funeral expences, cost of Tomb and all my debts
if any I leave unpaid, be first paid out of any money that may come into
the hands of my Executors.
Secondly; I Will and direct all my lands, Negroes and personal property
of every description including House, Mill, Thrashing Machine and appendages,
and the movable part of my Cotton Gins, and my Rail Road and Turnpike road
stock(?) be publicly sold by my Executor. The Tract of Land on which I
live embracing altogether under several Deeds about five hundred and thirty
acres, to be sold on a credit of one, two and three years. The Negroes
and personal property on a credit of one year; The other lands and stocks
in such terms as my Executor may think best for my estate; The procedes
(sic) of all my Estate, Real and personal, together with all money belonging
to it and not otherwise disposed of after paying certain specific legacies
as herein directed, to be divided into nine equal shares and each of my
surviving Children to have one share.
The children of such of my children as are dead, to have one share
equally divided amongst them. But I have given to my Grand Daughter Catharine
Beard, daughter of my deceased son William F. Ready, a Negroe Girl named
Jane which I estimate at five hundred dollars and in the distribution of
my estate, she is to account for said Negro Girl at that sum as a part
of the ninth to be divided between her and her sister, The portion that
would fall to my Grandson William T. Haskell, I will shall go to my son
Charles Ready instead of my Grandson, which I do because my son has paid
a sum of money as his security greater than the share which would fall
to him in my Estate. I require my Grand Daughter Catharine Beard, to account
for the Negro Girl Jane because I have not made a similar advancement to
any of my other Grand Children. I may hereafter give to my Grand Daughter
Mary, Daughter of my deceased son William T. Ready a Negro Girl if I should
she must in like manner account for her in the distribution of my Estate.
Thirdly; I give to my Daughter Caroline Hancock five hundred Dollars
over and above her share under the general distribution, on condition she
lives with me during my lifetime according to her promise to my wife on
her deathbed. But she is now absent and if she does not shortly return
and live with me this Bequest is to be void.
Forthly; I give one thousand Dollars to the children of my deceased
son Aaron, to be equally divided amongst them over and above their share,
under the general distribution.
Fifthly; If my death should happen when there is a growing crop on hand
the sale of my estate is not to take place until the crop is made and gathered.
An Executor must have the crop attended to.
Sixthly; I hereby appoint my son Charles Ready Executor of this my last
will and testament. In witness hereof I have hereunto set my had and seal
theis 30th of August 1854
Charles Ready, Sr.
Witness
T.T.Peay
H.L. Thompson
--------------------------------------------------------------------------------
William Lytle, Sr. WILL
Posted by Margaret Nichol <TNRUTHER-L@rootsweb.com> on Sat, 12 Feb
2000
Surname: Lytle, Foster, Nichol, Taylor
Will of William Lytle, Sr.
In the name of God Amen.
I, William Lytle, Sr. of the County of Rutherford and State of Tennessee,
being of sound mind and
memory, but considering the certainty of death and the uncertainty
of life do and ordain this to be my last
Will and Testament in manner following: Viz. Item: - I give and bequeath
to my son William Franklin
Pitt, to him and his assigns and heirs, forever, the tract of land
whereon I now live described as follows to
wit: beginning at he northeast corner of Col. Archibald Ltle’s large
survey of 7200 acres, running west with the commissioners line 326 poles to Stone’s river, thence up the
river to the mouth of Lytle’s Creek,
thence up said creek until it intersects the eastern boundary line
of Col. Jno. Thompson’s tract, thence with his east boundary line, south to the east corner of said Jno.
Thompson’s tract and the north east corner of a tract owned by David Williams, thence south with said David
Williams line to his south east
corner, thence east to the eastern boundary of the original tract,
thence north to the southern boundary of
Murfreesboro, thence, west with the southern boundary of the ........to
the south west corner thereof.
Thence north with the western boundary of said tract, to the north
western corner of the range of lots laid
off and sold by me, lying along the northern boundary of said town,
thence east with the northern
boundary of the said range of lots to the north east corner thereof.
Thence, south to Bennet Smith’s lot on the eastern boundary of Murfreesboro, thence east to Doctor James Maney’s
line, thence north with his line to William Maney’s and David Dickonson’s corner, thence west with
the commissioners line to the beginning, except two lots of one half acres each where the Methodist
Church stands which I have
conveyed to John Lytle and his William, all and singular, hereditaments
and appertiaments to him his heirs and assigns forever. I also give to my said son William Franklin
Lot No. 53 in the town of
Murfreesboro, being the lot on which the brick house stands in which
Lock & Spence now have stores,
with the buildings and improvements thereon to him his heirs and assigns
forever. I also give and
bequeath to my son William Franklin, all my right and title which I
have to Lot No. 65 in the town of
Murfreesboro. I also give and bequeath to him Lot No. 83 where Gaudlin
now teaches school, and Lot No. 76 where Col. Robush has a stable, also Lot No. 82 wheich three
last lots was in the range of lots which I sold north of Murfreesboro, with the building improvements
thereon to him, his heirs and assigns
forever. I also give and bequeath to my son William Franklin Pitt one
tract of land lying and being in
Wilson County State of Tennessee granted to me by the State of North
Carolina for my service right by
Grant bearing date of the 10th day of September 1787 which was originally
for 3840 acres, to him and his
assigns forever. I also give and bequeath to my son William Franklin
Pitt my tract of land lying in Wilson
Co. on south side of Cumberland River opposite the town of Cairo containing
176 acres being the plan
originally owned by Richard B______and which I purchased at the Sherrif’s
sale with the hereditaments and appertinances to him his heirs and assigns forever. I also give
and bequeath to my son William all the land I now own lying in which is called the western district in
Tennessee west of Tennessee River,
except one tract containing the same upwards of 900 acres which I give
design and have bequeathed in
this will to my grandson William Lytle Foster. The land I own in the
western district is in three tracts. I
am not able to describe them nor refer to the number of the grants
but there is only one of the tracts near
about 900 acres and all, except that tract where ever they may lie,
whatsoever may be the number of the
grants - I give and bequeath to son William Franklin Pitt and his heirs
and assigns forever. I also give
and bequeath to my son William Franklin Pitt to him and his heirs and
assigns forever the following
slaves, to wit: Jesse, Perry, Frank, Hannah, Milley, Grace and her
2 children - to wit Gaston and Delia, George, Caesar, Walston, Maria and her child Fanny, Adelaide and Phillis
and increase they may hereafter have. I also bequeath to said son William Franklin Pitt all
my money on hand and all debts
which are due and owing to me or which may hereafter become due together
with all my house and
kitchen furniture, my library of books and case which holds them, also
my carriage and carriage horses,
all my horses, all of my stock of cattle, hog’s and sheep and my wagon
and farming utensils. I also give
and bequeath to him all my bank stock consisting of 100 shares of the
Branch of the Nashville Bank at
Murfreesboro on which I have paid $3000.00, the whole of to him and
his heirs and assigns forever.
Item: I give and bequeath to my daughter Julia Margaret Nichol the
following described tract of land lying
and being in Rutherford County State of Tennessee, supposed to contain
near 600 acres beginning at the
north east corner of a tract formerly owned by Jno. M. Tilford, thence
south with the eastern boundry of said tract to the north west corner of the tract now owned by John
Lytle, thence 256 poles to the east
boundary line, Archibald Lytle’s service rights survey, thence north
with the east boundary line of said
Archibald Lytle survey, so that by running a due west line at stake,
the beginning thence a direct line to
the beginning, with the heraditaments and appurtements thereunto belonging
or appertaining to her and her heirs and assigns forever. I also give and bequeath to my said
daughter Julia Margaret Nichol a house
and lot in the town of Murfreesboro, known in the plan of the said
town by Lot #9 being the brick house
and lot on which John Watkins now lives with the buildings and improvements
thereon to her and her
heirs and assigns forever. I also give and bequeath to my said daughter
Julia Margaret Nichol the
following negro slaves to wit: = Jim, Henrietta, Silver, Flora, Tom,
Mathilda and Minerva and what increase they may hereafter have to her, and her heirs and assigns
forever.
Item: I give and bequeath to my son John Lytle a negro boy named Stephen
now in the possession of John
M. Tilford to him and his heirs and assigns to hold for the use and
benefit of my daughter Nancy Tilford, wife of Jno. M. Tilford, for and during her natural life, and after
her death to be equally divided between the issue of the body of said Nancy Tilford and her heirs and assigns
forever.
Then, I give and bequeath to my granson Wm. Lytle Foster a tract of
land lying and being in the district of Tennessee, west of the Tennessee River, containing a little upwards
of 900 acres. I am not able to
describe said tract, but own tract granted in that section of county
near that quantity and the tract hereby
designed to be given can be qualified by the quantity called for in
the grant being 900 acres or a little
upward wherever the same may lie. The said Wm Lytle Foster is to take
said tract, subject however to the
_______________or surveyor therof who are entitled to 1/6th of the
amount with the heraditaments and appurtienances to his heirs and assigns forever.
I give and bequeath to my sister-in-law Margaret Taylor for during
the time of her natural life my negro
girl Lavina daughter of Maria and after the death of said Margaret
Taylor, I give and bequeath to said girl Lavinia and her increase to my son William Franklin Pitt him and his
heirs and assigns forever.
I give and bequeath to the Elders of the Presbyterian Church in Murfreesboro
and their successors in
office, a piece or lot of ground lying immediately north of the lot
I give to said Church, upon which the
Church is erected and extending north to Bennet Smith’s lot of ground
being the piece of ground lying east of the town of Murfeesboro beween the eastern boundary of said
town and M. Murfree field and Bennet Smith’s lot, and the Church lot, to have and to hold to them
and their successors in office for the use and benefit of said Presbyterian Church to be appointed to such
pieces and as may be deemed
advisable by the Elders and members of said Church.
It is my will and desire that my executors pay all my just debts and
funeral expenses and they are directed
for that purpose to take a sufficiency of the money, goods and effects
which I have to bequeath to my son
William Franklin Pitt, it being my desire that all my other legacies
which I have given should be
unencumbered, with the payment of any debt against me.
I do hereby nominate and appoint my nephew Wm. Lytle of Nashville and
my friend Samuel P. Block
executor and Samuel Anderson executor of this my last will and testament
and do hereby direct it to be my
will and desire and do hereby order and direct that my said executors
herein named shall not be required
to give bond and security but that it is my will and desire that they
shall qualify as executors of this my
last will and testament and take upon themselves the execution thereof
without giving any bond and
security, and lastly hereby revoking all former wills by me made. I
do hereby desire this to be my last will
and testament. In testimony whereof, I have hereunto set my name and
affixed my seal this 24 day of
November 1825.
Signed
William Lytle
David Wendell (Surat)
Charles Fagg
Posted by Fred Eggleston <Herer3eggs@aol.com> on Tue, 25 Jan 2000
Surname: FAGG, SARGEANT, CHAFFIN, WILBURN
Rutherford County, Tenn., Record Bk. 6, p. 218
Charles Fagg's will
Mr. Charles Fagg being sick informed us the under subscribers that he
wished his wife Winiford Fagg to keep his property together, and take care
of his son Jonathan W. Fagg, also if his wife should be delivered of a
child within nine months for her and them to have an equal share of his
property, and wished his children to be educated out of their own parts,
if they will take it kindley as their share of property will afford and
if any of the childrens property remains when they come of age to be divided
off to them.
September 24th 1822.
(s) Charles Fagg his mark seal
Test
Wm. Sargeant.
Nathanl Chaffin.
Jonathan Wilburn.
Recorded Nov. 25, 1822
Wiley Thurman Will
Posted by Deborah Thurman Parks <bdparks@ixlmemphis.com> on Sun,
09 Jan 2000
Surname: Wiley Thurman
Wiley Thurman Will
In the name of God Amen,
I Wiley Thurman of the County of Rutherford and State of Tennessee
being in perfect mind and memory do make and ordain this my last will and
testament.
1st I will and direct that all my debts be first paid and I leave to
my beloved wife Elizabeth Thurman during her life the following property
for her benefit and the benefit of my children, Elizabeth, William, Robert,
Wiley, Parker and Susanna, my land, household and kitchen furniture, plantation
tools, two horses, three cows, one wagon together with every other property
belonging to me named or not named I will and direct that all of the above
named property at the death of my wife Elizabeth be equally divided between
all of my before named children to them and their heirs forever. I appoint
Albert F. Henderson Executor of this my last will and testament. In witness
whereof I have here unto set my hand and affix my seal the 20 day of April
1847.
Signed sealed and acknowledged Wiley Thurman
In the presence of Benjamin Marable
James H. Love
Will of James Patterson, Rutherford Cty, Tn Oct 1830
Posted by Danielle Patterson <sep316@worldnet.att.net> on Tue, 22
Feb 2000, in response to Rutherford Co. Ancestors, posted by Sys Admin
on Wed, 16 Jun 1999
Surname: Patterson
James Patterson, will dated Oct 1 1830 page 164, Rutherford County,
Tn. All my expenses to be paid. To my beloved son, SAMUEL PATTERSON and
beloved son, HARVEY PATTERSON, the plantation on which I now live to be
equally divided between them and their heirs. To my beloved son SAMUEL
one negro boy named Andrew Jackson, also one negro girl named Mariah and
also one bed and furniture. To my beloved son HARVEY one negro boy named
Ben also one bed and furniture and also one bay mare. To my beloved son
JOHN one dollar only, having once given his portion of my worldly property.
To my beloved son WILLIAM one dollar having also once given his portion
of my property. To my beloved son JAMES one dollar also having once given
him his portion of my property. To my beloved son CHARLES C PATTERSON fifty
acres of land in HIghland Cty, State of Ohio which he now has in possession,
also one bed and furniture. To my beloved son ALEXANDER PATTERSON one hundred
acres of land in Highland County, State of Ohio which land he said, ALEXANDER
PATTERSON has sold to his brother CHARLES, also one bed and furniture.
To my beloved son ISAAC R PATTERSON one colt as the case may bee, also
one bed and furniture, also a saddle and bridle. To my beloved son JOSEPH
PATTERSON one horse, saddle and bridle, also one bed and furniture. to
my beloved daughter AGNESS PATTERSON one Negro boy named Bob, also one
bed and furniture, also one three year old sorrel mare, also a saddle and
bridle, also two cows and calves to be furnished by my sons SAMUEL and
HARVEY when she becomes of age or sooner if she should marry and need them,
also one bureau, also one set of silver teaspoons and sugar tongs, also
that my sons SAMUEL and HARVEY shall keep her negro boy until she may either
marry or comes of age. To my beloved son HENRY LEE PATTERSON one negro
boy named Henry who is to be kept by my sone SAMUEL until my son HENRY
LEE comes of age. It is my will that my son HENRY LEE be kept at school
at the expense of my sons SAMUEL and HARVEY until he is old enough to put
to some suitable trade, also one horse and saddle to be furnished by his
brothers SAMUEL AND HARVEY when he arrives at the age of twenty one. All
the residue of my property shall belong to my sons SAMUEL AND HARVEY to
be used or disposed of as they think proper. I have an old Negro woman
who I do not wish to remain any longer a slave. I give her to my son SAMUEL
to take care of her and provide for her while she may live. I appoint my
beloved sons SAMUEL PATTERSON and HARVEY PATTERSON, executors. This 1st
Oct 1830. Wit: WM ROBB and EDWIN SHARPE. order to be recorded.
Abraham Haynes Will
I, Abraham Haynes do make and publish this my last will and Testament
hereby revoking and making void all other wills by me at anytime made.
First, I direct that so much of my present crop be sold as to satisfy
my debts.
Secondly, I give and bequeath to my beloved wife Sarah Fifty Acres of
land of the tract on which I now live to be and remain her own during her
natural life or widowhood begining (sic) on the south boundary line of
the cotton field (illegible). Thence east to the corner of the fence that
(illegible) the cotton field thence north to the corner of the lot thence
with the now cotton field to Daniel Pott's line thence east to a white
oak at my gate thence north to Beasley's corner at a Spanish oak thence
east thirty poles thence south to the Spring the corner of the field thence
west to the corner of the fence thence south to the wash house thence west
to the ash (illegible) thence south to the old Barn thence east to the
still house thence south with the original fence to Thomas' line thence
west to the corner of the fence thence to the new ground thence south to
the beginning.
Thirdly, that fifty acres cleared land be rented out for the benefit
of all my children until the death of my wife and then to be sold and equally
divided amongst all my children.
Fourthly I give my wife one mare and saddle and two cows one yearling
and thirty five barrels of corn and ten fat hogs and forty bushels of wheat.
Fifthly that all the remaining part of my property with the exception
of the balance of my land be sold and equally divided between my nine children.
6th That all the estate that may fall to my wife of her Father's estate
be divided equally among my nine children.
Lastly I hereby nominate and appoint my sons, Thomas K. Haynes, Nathaniel
Haynes, and James M. Haynes, my Executors in witness whereof I do to this
my will set my hand and seal this 10th day of September 1838
Abram Haynes <Seal>
John Holt
Thomas M. (illegible)
Rutherford Co., TN Will of William Vandike
Submitted 28 Nov 2000 by JoLee Gregory Spears (no relation)
spearsj@bellsouth.net
Will of WILLIAM VANDIKE - WB 4, pp 40_? Rutherford Co., TN
In the name of God Amen I William Vandike of Rutherford County and
State of Tennessee being weake in body but sound in mind and memory calling
to mind the mortallity-of my body and knowing that it was appointed for
all men once to die do constitute make and apoint this my last will and
Testament in manner and form following - that is to say my wish is that my mother
Barbary Gregory and her children that is now living with her remain
on the land where they now live and that they have the use and benefit
of
the same for their support and also that all my houshold and kichin
furnitur farming utinsels & stock of all descripson. remain on the place
for their us and benefit and that my brother John Gregory have the management
of the same as long as he stays on the place and carefully manges the
same but if there is like to be any wast made of the said property for it
to be in the power of my Executor to take charge of the same & take care
of it
so that the famly have the benefit of it so long untill the death of mother & after her death if the children think proper to stay together
&
keep house for them to do so, but at any time if they brake up houskeeping for the land & house hold Furnitur Farming utinsels and stock to
be sold and the proceds to be equally divided equally among my brothers and
sisters shear and alike namely John Gregory Catesy Gregory Abraham Gregory
Sarah Gregory Isaac Gregory and Alexander Gregory and also that my Executor
sell
my Negro man Sam and that he collect my mone Debts. and that he my
Executor pay the same out to my brothers & sister above named each there
share when
they arive at the age of twenty one years my wish that my brother Samuel Moony Jr? have one hundred dollars In cash notes to be delivered to
him by my Executor amediately after my death I also appoint Allsea Harris
my Execut(remainder of word torn) to this my last will and testament revoking all others by me heretofore made in witness whereof I have here unto
set
my hand and seal the 12th day of September 1831-
Wm Vandike (Seal)
Presents of
Wm Vinson jurat
Joel M. Loyd jurat
Donoho William Decd.
Rutherford County, TN record book 18, page 96
State of Tennessee)
Rutherford County) County Court, April Session 1856
To E. D. Hancock, a citizen of Rutherford County it appearing to the
county court now in session that William Donoho has died leaving no will
and the court being satisfied as to your claim to the administration, and
you having given bond and qualified as directed by law, and the court having
ordered that letters of administration be issued to you. These are
therefore to authorize and empower you to take into your possession and
control all the goods, chattels, claims and papers of the said in testate,
and return a true and perfect inventory thereof to our County Court in
90 days, to collect and pay all debts, and to do and transact all the duties
in relation to said estate which lawfully devolves on you as administrator
and after having settled up said estate, to deliver the residue thereof
to who are by law entitled. Witness John Jones, Clerk of said Court
at office this 8th day of April 1856, and 80th year of American Independence.
John Jones Clerk
Recorded May 1st, 1856
Robert D. Donoho's Will
Rutherford County Tennessee
Record Book 9, page 237
(No date appears in this will text, however, the affidavit immediately
preceding the will is dated May 11, 1836)
In the name of God amen recollecting that it is appointed for all men
to die being weak in body but in my perfect senses and recollection I make
this my last will and testament viz
1) I will that all my just debts and funeral expenses be paid.
2) I will and bequeath to my mother Parthana Donoho my tract of land
which I cultivated during her natural life and at her death to be divided
among my brothers and sisters William & Edward Donoho, Mary Burdly
(sic. Could be Bundly & in the settlement a reference is made to an
E.S. Bradley so it could be Bradley) & Parthena Donoho or their heirs
of their body.
3) I will & bequeath to my brother William Donoho two hundred &
twenty five dollars being the part of the price of my Negro boy John received
in hand. Also my silver lever watch, shot gun & my saddle.
4) I will and bequeath the remainder of the price of my boy John which
is contained in a note on George Pebbles 705.75 cts. To be divided equally
between my brother and two sisters Edward Donoho, Mary Burdly & Parthena
Donoho.
5) I will & bequeath all my notes including a note on my mother
Parthena Donoho to be equally divided between my brothers & sisters
William & Edward Donoho: Mary Bundly & Parthena Donoho.
I will also that my brother William Donoho sell my crop of hemp &
tobacco & pay all my just debts out of the proceeds & retain the
balance of money in his own hands two years without interest & then
that it be equally divided (end of page - there could be more on this will
showing witnesses and appointed executors however the clerk only sent this
page)
Settlement of Robert Donoho's Will
Rutherford County, TN, Record Book 10, page 161
A settlement made this day with William Donoho & E. S. Bradley executors
of Robert Donoho deceased by me Robert S. Morris Clerk of the County Court
of Rutherford County in the State of Tennessee. I find on examination
that the said executors are chargeable as ___ inventory with the sum of
fourteen hundred & nineteen dollars & 75 cents.
$1419.75
Amount this day returned for sale of tobacco
139.94
Making in all $1559.69
And I find that the said executors are entitled to credits for monies
by them paid out as follows to wit.
1. Paid Niles & Elder acct. $48.37
2. Benjamin Morgan act. 36.25
3. John M. Watson M.D. act, 12.00
4. Joseph R. Daniel & Co. apt. $1.00
5. George D. Crosthwait $9.50
6. George Peebles apt. $1.25
7. James B. Davis act. $29.50
8. John D. Murfree $10.00
9. Clerks Fees & clerk Fees for making the settlement $2.00
10. For recording the same $.50
11. Paid Hooper for Coffin $15.00
Making in all $157.37
Bal. $1,402.31
Which leaves in the hands of said executors the sum of fourteen hundred
& two dollars & thirty one cents. Given under my hand at
office this 11th of May, 1838.
Robt. S. Morris Clk.
Recorded June 29th, 1838
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