Test
In the name of God Amen. I William KEY Sr of Sumner County and State of Tennessee being of
perfect mind and memory but very infirm of body do here by make my last will and testament in
manner and form following that is to say.
1st
I desire that all my just debts be paid by selling my present corp of tobacco or as much as shall be
necessary for that purpose.
2nd
I give and bequeath unto my beloved wife Elizabeth KEY the tract of land where on I now live
including the dwelling house and all the appurtenances there unto belongings which said tract I
purchased from William DURHAM and for the quantity see the deed there of together with the
low grounds lying on Rogue's fork of Bledsoe's Creek above the black smiths shop and adjoining
the lands of James FRANKLIN and also two negroes namely Sam and Fanny and two mares
called old sorrel and Hull the yoke of oxen and carts and all my other stock of cattle, hogs, sheep,
etc except what I shall here after name and dispose of differently also all my household and
kitchen furniture, except one bed and its furniture and all other of my effects not in other parts of
my will disposed I give unto my wife Elizabeth KEY during her natural life or widowhood and
no
longer.
3rd
It is my will that my son William KEY Jr. continue to live in the house with his mother and aid
and assist her in any manner that she may want help during her natural life or widowhood if they
can agree but if not he is to be at liberty to build himself of her farm and he is to have by way of
compensation for his services all that he can make over and above a decent support for his
mother
and her family.
4th
It is my will and desire that immediately after the death of my wife Elizabeth or her marriage
with
any other man that my son William KEY Jr take possession of the lands and the negro man Sam
that I bequeath to my wife Elizabeth during her natural life or maiden hood and the said lands
and
negro Sam shall then belong to my son William KEY Jr and his heirs forever and the residue of
the estate she may have in possession to be sold and the legaties to purchase Fanny and her
increase if any and the net proceeds of that sold to be divided among all my children as to make
each one's portion as near equal as the sum so divided can do it except the heirs of Sally
DUNCAN deceased.
5th
It is my desire that my daughter Harriett KEY continue to live with her mother and to be
supported by her mother during Harrett's state of single life and my daughter Harriett is to have
the second choices of the two last spring colts the one a black horse cold the other a sorrell mare
colt and saddle to be worth twenty dollars and a bed and its furniture which is not to be
considered any part of her portion of my estate and so soon after my death as the executors here
after to be named can hire out young Jenny a negro girl yearly for four years the executors are to
deliver said negro girl to my daughter Harriett the said negro girl is then to belong to my daughter
Harriett and her heirs forever.
6th
It is my desire that all the tract of land I purchased of Seth MABERRY lying north of the tract I
now live on reserving the part I bequeathed to my wife Elizabeth and son William at her my
wife's
death or marriage to be equally divided the cleaned land of the woodland according to quantity
and quality for quantity see the deed and I give and bequeath unto my son James KEY that half
of
the said land where on he now lives including the dwelling house to him and his heirs forever.
And
the other half of said tract of land I give and bequeath to the heirs of my son Thomas KEY
forever reserving to my said son Thoms KEY and his wife Martha the right to live on said land
and cultivate it and to have all the benefits and emaluments arising there from during his and his
wife's natural lives but my son Thomas KEY is to have no right to sell or dispose of the said land
in any way whatever, her by to dispossess his own children of the same.
7th
It is my desire that all that tract of land I purchased from Edwin GWINN lying on both sides of
the Rogues fork of Bledsoe's Creek except what I sold to Moses GAINES and a small
reservation made to my brother Bingham KEY and his wife Susan during their natural lives and
no longer be equally divided between my two son's Ruffin KEY and Alfred C. KEY the eastern
half of said land. I give and bequeath unto my son Ruffin KEY and his heirs forever the western
half of said land I give and bequeath unto my son Alfred C. KEY and his heirs forever and at the
death of my brother Bingham KEY and his wife Susan it is my desire that the reservation they
now live on be equally divided between my said sons Ruffin and Alfred C. KEY and to belong to
them and their heirs forever for quantity see deeds. It is also my desire that in division of the land
if the parties can not agree that division be made by two disinterested persons to be appointed by
the executors .
8th
It is my desire that one acre of land be laid out near mouth of Rougue's Fork including the
Blacksmith shop dwelling house and spring which said lot together with my blacksmith tools
shall
be for the use of my son Thomas KEY during his mothers life or widowhood provided he will do
all the blacksmiths work of his mother and brother William KEY that is necessary to be done on
their plantation free of charge and said William KEY it to furnish his brother Thomas KEY with
one hundred bushels of coal yearly and at the death or marriage of my wife Elizabeth KEY I give
and bequeath unto my grandson Elisha KEY son of Thomas KEY the said lot of land before
discribed with all the black smith tools to him and his heirs forever and my son Thomas KEY it
to
have the tools until hi son Elisha becomes of age. But if my son Thomas KEY refuses and will
not
do the work of his mother and brother William before named the executors shall forth with take
possession of the said lot and tools and sell the same to the best advantage and divide the money
arising there from among all my children so as to equalize their portions as near as that sum will
do it.
9th
I give and bequeath unto my daughter _ HENRY a negro man named Gim to her and her heirs
forever.
10th
It is my desire that six hundred dollars be raised in the following manner to wit, that one blind
gray horse and my half of the wagon that my son James KEY now owns be sold and young Gimy
a negro girl be hired out four years as before named and Daniel a negro man to be hired out as
many years as will be necessary to raise the sum of six hundred dollars each year out of his hire
for his won use and also he is to have the choice of whom he will serve.
11th
It is my desire that my son Patterson W KEY have one hundred and fifty dollars out of the first
money that can be raised he having had fifty dollars already that will make him up two hundred
dollars the sum I intend for him.
12th
It is my desire that my daughter Nancy DAVIS receive two hundred dollars after my son
Patterson W KEY has drawn his one hundred and fifty dollars as follows that is to say in small
sums at a time as the executors may think she stands in need of it for the benefit of her and her
children only. It is also my desire that my daughter Nancy DAVIS have a horse so soon as her
mother can conveniently raise it and a saddle worth fifteen dollars.
13th
It is my desire that the natural heirs of my daughter Sally DUNCAN have two hundred dollars
and
no more equally divided among them and each one to draw its proportional share of the two
hundred dollars as it becomes of age and further more no legatee is to draw interest on their
share.
14th
It is my desire that my son Patterson KEY have twenty four dollars to be applied to the use of
schooling his own son James E. KEY at any time when the executors can conveniently pay the
same out of any moneys arising from my estate.
15th
It is my desire that so soon as the six hundred dollars before named shall have been raised as
before directed and in the hands of the executors except such sums as they may have distributed
as I have before directed the executors shall call a general meeting of all the legaties that are then
alive and they shall have a general settlement among themselves and the executors shall have
each
legaties portion valued that have drawn other things than money to see how near all their portions
are equal as it is my desire that they may hall have an equal portion of my estate sooner or later
except the heirs of Sally DUNCAN deceased and they are only to have the sum before allowed
them. Then the ex'ors are to sell Daniel the negro man before named and some of the legaties
shall by him others having no right to bid and the price of Daniel to be divided among the
legaties
in such a manner as to make each legaties portion as near equal as that sum can make them but if
there still appear to be an unequality in any of their portions and my wife Elizabeth yet living and
unmarried all the increase of young Jinny if any before the general settlement shall be considered
as the common property of my estate and shall then be sold by the executors and purchased by
some of the legaties and the proceeds of said sale to be divided as the money raised by the sale of
Daniel was.
16th
It is my desire that the old negro woman Jinny shall live with which over of the legaties she
pleases and when she becomes old those she has lived with are to support her until she
dies.
17th
It is my desire that my son William KEY Jr have the first choice of the two last spring colts
before
named and that my old gray horse Wallace remain on the plantation for the use of my wife and
son William until the become fit for service and then he is to be sold and the money applied as
the
executors may thing for the benefit of the legaties and all moneys owing to me now due or to
become due hereafter are to be collected by the executors and applied in such manner as they
shall
think best calculated to equalize the portions of the difference legaties except the heirs of Sally
DUNCAN dec'd.
18th
It is my desire that after all sales are made and all moneys collected and distributed by the
executors as before directed if her be still and _ in any of the portions of any of the legaties those
having to much are here by required to refund or pay over to the executors such sum or sums as
shall when distributed among the legaties shall make each and every ones portion equal except
the
heirs of Sally DUNCAN dec'd and lastly, I do hereby constitute and appoint my beloved sons and
son in law Ruffin KEY, Patterson W. KEY, James KEY and Moses H. HENRY executors of this
my last will and testament here by revoking all other wills and testaments by me here to fore
make. In testimony where of I have here set unto my hand and affixed my seal this twenty fourth
day of December in the year of our Lord one thousand eight hundred and thirty three.
Wm Key (seal)
Signed, sealed and published and declared as and for the last will and testament of the above
named William KEY in the presence of us Thomas GILMORE, Thomas WHITE, Wm. M.
CARTER.