In the name of God Amen. This day being somewhat feeble in body but of perfect mind and judgment and knowing that it is appointed unto all men to die _______ make this my last Will and Testament, which is as follows (Viz).
1st. For the love and regard that I have for my wife Clarkey Haynie, I give and bequeath to her six Negroes (viz) Hardy, _____, A?____, Lucy, Mildred and Haney(?) and right of choice to any one of the small Negroes, if she wants one. I give and bequeath to her the home tract of land with all its appurtenacy(?) together with all of the household and kitchen furniture, two beds and furniture excepted. I also bequeath to her as many of the stock as she chooses to keep of all descriptions and as many of the farming tools as she chooses to keep. I also give to her the said Clarkey all of the crop that may be on hand ________things as she choose to keep. I also give and bequeath to the said Clarkey two hundred dollars in money. I also desire that the said Clarkey shall keep all of the Negroes until the crop shall be finished and taken care of should there be one on hand at the time of my death.
2nd. For the regard which I have for my son Milton Haynie, I give and bequeath to him one-half of the tract of land with all of its appurtenances valued at two hundred & fifty dollars, and I have heretofore given him the one half of the _______ tract of land he disposed of by my consent for which I charge him five(?) hundred dollars which amount being added to the Tayard? tract of land makes sum seven(?) hundred & fifty dollars.
3rd. For the love which I have for my son Edward B. Haynie I give & bequeath to him one half of the Ferguson? tract of land valued at five(?) hundred dollars.
4th. For the love and respect I have for my Daughter Polly Royster I give and bequeath to her Piper tracts of land with all of its appurtenances the line which shall divide? the home tract and the Piper tracts of land shall begin at the creek, which is the line dividing said Piper tracts of land and Royster? land with said Royster’s line west to the top of the ridge thence southwest, with said Royster’s west boundary to the top of _______ above clearing of said Royster, thence northwest on top of the ridge to my west boundary line when the said Polly Royster shall _______ the above divided tracts of land, which she shall _______ to do at my death. ________ the said Polly Royster and her husband G. W. Royster is by agreement to _______ the right title claim and interest that they have in and to the tract of land whereon they now live to the home tract of land and shall be recognized as a pact? and parcel theeof, these tracts of land I value at eight hundred and fifty dollars.
5th. Having no land for my daughters Anne Carman, Clarkey Perry and Judith Herod, it is my desire that my executors shall value to each of them out of any property that I have not disposed of by this my last will, property which shall be equal to the dist? ___________ share is to take the estimates which I have affixed to _______ which I _______ _________ disposed of by this my last will ________ added to the amount which shall be affixed to the _______ valued by my Executors, and that amount divided by the _________ lawful? price? and the assets will give the distribution ________. For the love which I have towards my Daughter Matilda I give and bequeath to her a Negro girl named _______ and her child Josephine and her the said ___________. I also give her a bed and furniture and __________ dollars.
7th. For the esteem I have for my daughter Louisa O. Haynie I give and bequeath to her a Negro Girl named Eliza and a Yellow? girl named Nancy and ________ should there be any and one bed and furniture and _______ worth fifty dollars. This property which I have given to Matilde and Louisa Haynie is that they may have _______ share? of those of my heirs which I have given them _______ making this will I also give and bequeath to _____________ Matilda and Louisa a distribution? I have of my ________ I have not disposed by this my last Will in the _________ as specified with by and to my other daughters ____________ executed.
8th. For the esteem which I have for my son Henry Haynie I give and bequeath to them the home tract of land including the Royster tract of land to posses the same after the death of Clarkey Haynie if she shall not need of the land then they may possess ______ a part thereof as she may not wish to cultivate or_____. At the time that the same G. W. Royster shall _______the possession of the land on which he now lives and agreed upon ________ will. Then the same James and Henry Haynie shall pay to Clarkey Haynie and James Baker, my grandchildren one hundred and twenty five dollars each. _________the object of this __________ when the property which I have not disposed of by this my last will is divided, if there is not a sufficiency to give these__________ my heirs too whom there has been no property specified in this will to any or all of those to whom I have given and specified property. Then after the death of my wife Clarkey Haynie, the deficiency shall be supplied out of the property ____________ at that time, but if there is sufficiency with any surplus shall be equally divided among all my lawful heirs.
It is my will and desire that after the death of my wife Clarkey Haynie, three Negroes which I give to my wife Clarkey Haynie, Viz. Rebecca, An? and Lucy shall have the right of choosing their masters among my children or lawful heirs that they shall be valued by my Executors and whomever they choose shall pay two thirds of the amount valuing(?).
It is my will that my Executors shall collect all moneys that may be due or owing to me, and out of which pay all my said debts. I also constitute and appoint Henry Henry Carmen(?) and James Haynie my lawful _________ they need be registered as such, my will and __________ be qualified in due form of law; and _________ be _________ to _______ or settlement with the ________ in whom I possess the utmost confidence.
My will and desire is that they divide according to the ______________ of this my last will _________.
If any or all of the Negroes which I have given to __________ daughters Matilda or Louisa O. Haynie shall _______ they ______________ which they shall do at twenty-one years of age or at marriage they shall have their property which __________ be equal by value to Negro or Negroes so dead. The land I have herein given and bequeathed to James? Haynie ___________ I value at two thousand dollars. In Testimony _______ I have this day set my hand and affixed my seal this ________ day of January AD 1946.
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Recorded this 13 December 1846, See Original File No. 1 |
Elijah Haynie
Attest:
Andrew Payne?
G. W. Royster
Milton Haynie
Henry? Haynie
State of Tennessee, Smith County
September Term of County Court 1846 _______. This the last Will and Testament of Elijah Haynie deceased was produced in Open Court for probate and _________ duly proved by the oaths of Andrew Payne and Henry? Haynie, subscribing witnesses to the same and in _______ to be recorded. On Motion Thomas Carmen and ________ Henry Beasley executors named in said last will and testament came into court and ________ qualified ___________ sum of Ten thousand dollars without giving security and directed by said last will and testament by Motions Letters Testamentary is granted ______ said Estate.
John _________
Of Smith County Court