This Will Submitted by Mary Knight
(Transcribers note: 2 wills were presented to the Smith County Court for John Russell, the first
transcription is the will that was allowed and probated by the court. The second transcription is
the will, although more lucid, was rejected as a valid will of John Russell but was recorded by the
court. I have added some puncuation that did not appear to be present to make this more readable.)
I John Russell make this my last will makeing voide (sic) all
other wills made by me at any other time. first I give my
loving wife patsy one negro girl nam(sic) feany one (beast?) & sadle(sic) & bridle
one bedsted & firniture (sic) this bed to be well cover (sic? covered?) with not less then
16 covers & a good blanket for the negro girl one cow & calf 2 chest (sic? chests), shugar(sic)
chist(sic) close(sic) chist(sic) one hundred dollars in (speacy* (sic?) one hundred and sixty
acres of land, one hundred & 10 acres of this land at (her?) death is my son
Williams bound to him in a contrack(sic) between him & me for his
taking care of his mother, the other 50 acres at my wife (sic) death (this?)
belongst(sic) to my son Benets(sic) wife & children this land now rented
to Mikeger(sic?) Kittle*(sic?) the other 60 acres of land lies down the creek the
____ ___ of the land that I Bought of sutton gorge (sic) _ ____ (a squires, or esquire?) to be
sold with my other property not dispose of. furthermore I give
all the (cotton?) & wool & (lithe*(sic?) thats on the place to my wife Patsy. This property (thats?)
solde(sic) the firs(sic) sale I give my son Elam 50 dollars. I give my 4 daughters.
I give beckey parkehurst 25 dollars. I give my daughter Mar-
tha Evans 25 dollars. I give my daughter Sally auston 25
dollars. I give my daughter caroline Brown 25 dollars (know(sic?)(minde(sic?)
this money I give these 5 children is to make them nearer eaven(sic) They are to
draw this money before they come to final draw after they draw this
money they are then all to draw (sic? divide?) equal Every living child that I have
all But Benet his wife if he is living draws his parte(sic) of the estate
and at my wife death if Benet shuld(sic?) be dead before his mother his wife draws
only one dollar furthermore the property that I give to my wife at her
death is to go to all my children then living except Bene (sic? Benet?) if he sholde(sic) be living
his wife will draw his parte(sic) furthermore the laste(sic) draw my son
Elam (drawing ?) I wante(sic) my son Elam to give this laste(sic) draw thats com-
(over written between lines : "to you I wish this draw to your daughter Salla")
ing to you to go to your daughter Saly(sic) furthermore I give my wife one
little skilet(sic) coffy(sic) pots teakettle(sic) shovel and (tongs?) half dozen plates 5 tum-
blers one wheel and cards(sic? cords?) & one (bakes?) where unto I appointe doctor Peter
heared(sic) & my son Elam Russell my Executors to this my laste(sic)
will assign seald(sic) & acknoledge(sic) in our presets(sic) this the 9th day March
1850. also I give abba cittle(sic) one dollar.
John Russell (seal)
Attest Levi C. Winkler
Hampton Wakefield
(Transcribers note: (speacy* possibly Spices was intended?, lithe*(sic?)
may be fithers?, unsure of spelling may have intended feathers?)
Tennessee
Smith County} County Court March Term 1851
This the last will and Testament of John Russell
was produced in open court for probate and the
Execution thereof duly proved in open Court by
the oaths of Levi C. Winkler and Hampton
wakefield Subscribing witnesses thereto. Wherefore
said last will and testament was ordered to be
filed and recorded.
Attest: Wm. V. R. Hallum Clerk
Recorded 14th March 1851
# 2 - Will of John Russell
I John Russell 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 any moneys that I
may die possessed of or may first come into the hands of my
executor Secondly I give and bequeath to my wife
Martha Russell one negro girl named Josephine one
hundred dollars in money the choice horse beast that may
be on the place one saddle bridle & blanket the one
bed & bedstead and furniture containing not less than
sixteen or eighteen choice pieces of the bed clothing also
two blankets for said negro one Sugar Chest & also one
Close Chest one Clock one wheel & cards all the cotton
wool & feathers that may be on hand that may not
be in the beds one pair of waful (sic) irons two chairs
one large Jug of honey two choice bottles one ___ (sasifz?, sasify?)
bottle all of the cooking utentials(sic) on hand that she
may desire to keep to have and to hold the same during
her natural life after her death the forgoing prope-
rty to be Sold and the proceeds of the (same? sale?) to be
equally divided between My son Elem(sic?) and
my daughters to wit: Rebecca Parkhurst, Martha
Evans, Sarah Austin & Caroline Brown.
thirdly I give and bequeath to my Son William the
whole of my real estate to have and to hold the same
fourthly I will and bequeath that the whole of
my other property that I may die siezed and possessed
of be sold and the proceeds of the same be be equally
divided between all my living children children
except my son Bennet whose shear(sic) I do will
and bequeath to his wife Mahala and her Chil
dren. lastly I do constitute and appoint
James C. Williams and may son Elem(sic?) to be my
Executors in witniss(sic) whereof I do to this my will
set my hand and seal this the 11 day of Sept 1850
John Russell (seal)
Signed sealed and published in our presence and
we have subscribed our names (heartofore?) the
presence of the testator this the 11th day of Sept
1850
L. D. Ballous
Siles D. Henderson?
This Instrument rejected by the court on the ground that there
is but one Disinterested witness and he has doubts of the compe-
tency of the testator to make a will.
Dec 2, 1850.
J. R. Smith Clerk
Transcribed By Mary Knight