(Note from the transcriber: I have transcribed this will to the best of my ability. The copy that I have is very bad in places. Any and all mispellings are the way the will was originally written.)
{first page}
I, Richard Franklin, do make and publish this my last will and testiment revoking and void all other will by me at any other time. First I desire that my funeral expenses and all
my debts be paid as soon After my death as possibell, out of my money that I ?? is Possessed of or may first come into the hands of my Executor
Second I give and bequeath unto my wife Mary Franklin the tract of land where I now live on containing two hundred and sixty six acres of land as long as she lives and after
her death I give and bequeath the said tract of land to my son Richard Franklin I also give him one bead and beadsted and beadcovering sufficient for the bead one t??r safe one rifell gunn.
Thirdly I give unto my wife Mary Franklin the following property as long as she lives a black man named Samuel a boy York a girl named Dolly and Grace and her child Mary
and also my household and kitchen furniture and I give her two horses two cows & calves such as she may choose and as much provision as will doo her the year sugar Coffe tea corn wheat bacon ruffen for stock and some stock hogs as many as will doo her 10 sheep and also I give her fifty Dollars to doo as she please with.
Forthly I give and bequeath unton Nancy Franklin my daughter in law one Dollar. After the death of my wife the black peopell which she may leave will be sold and at my death
the black peopell that I have not will away will be divided between my children which I shall now mention & my two grand sons in Kentucky. John Franklin, Samuel C. Franklin, Elizabeth Brown, Mary Ann Crenshaw, Martha Susan Slemmons, Roger T. Franklin is to have the ?? of his note two notes calls for and intrust up to after my death. Garland T. Franklin & William W. Franklin they are to have thare part and of what thare Grand Mother leaves and a part that is mentioned below.
Fifthly I desire that the parcell of land which I purchased of David Thompson Containing forty six acres of land and 20 poles will be sold and divided as above mentioned. Lastly
I do hereby nominate and Appoint John Franklin and Samuel C. Franklin my Executors in witness hereof I do to this will sett my hand seal this 5th day of March 1862
| Attest: | Richard Frankin | Seal |
| B. S. Martin? | ||
| R. B. Lepscomb |
Signed sealed published in our presence and we have Subscribed
our name hereto in the presence of the testator the ___ day of ___ 186__
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State of Tennessee
Sumner County Court March Term 1862
The last will and testament of Richd Franklin decS was this day produced in open Court for probate and ?? proves by the Oaths of B. S. Martin? and R. B. Lipscomb subscribing witnessess, thereto and I ordered to be recorded and John Franklin & Samul C. Franklin the Executors named in said will appeared in Open Court and accepted the Execution of the same and thereupon the said John Franklin and Saml C. Franklin together with B. S Martin and R. B Lipscomb their security appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Twenty thousand dollars conditioned as the law directs and was duly qualified.
| Copy Test. | John S. Bugg Clerk |
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(Note from transcriber: A lot of this page is very hard to read.)
John Franklin & Samuel C. Franklin ??t? of Richard Franklin, Decd. Contests Will
Roger T. Franklin
This day came again the parties by their attorneys - also a jury E????? in this cause on a former day of this Court (to suit) George Trout, Richard Parker, James Guinn, Wm
Caskett, Isaac M. Guthrie, Charles E. Buddie, Cullen E. Dunzlop?, Jacob Newton, Joseph Pruitt, Thomas Franklin, J. A. Vaughan and William Crump. Good and lawfull men-who being Elected twice and sworn. the t??th to speak upon the issue joined between the parties aforesaid upon their oaths do say, that the writing mentioned in the suit?. Is the last will and testiment of Richard Franklin, Decd. Thereupon it is judged by the court that said writing is the last will and testiment of the said Richard Franklin Decd and thus the plantiff ???? of the Defendent and also on his motion of John A. Littleton his security for the ?? of this suit. The Costs herin accrued Ordered further thus the clerk, certify a copy of the reccord in this cause, in the county court of Sumner County, Together with the original will, to there be reccorded.
| J. F. Joyner, Clerk By, D. P. Hart, Dcc |
I John F. Joyner Clerk of the circuit court of the county of Sumner certify thus the above is a true copy of the record in the action case in my office from under my hand at office in Gallatin Apl 21st AD 1866
| J. F. Joyner, Clk |