NOTE: Lunsford Pitts wrote his will on 26 June 1813 in Sumner Co., Tenn. Although the copy does not record when the will was proved, he was dead by 20 December 1813, when his land was sold.
In the name of God, Amen. I, Lunsford Pitts of the County of Sumner and the State of Tennessee being in a low state of bodily health but of sound mind and memory, do make and ordain this my last will and Testament as follows, viz.: First of all I submit my soul to God who gave it, do be disposed of as Mercy may decide and my body to the earth to be therein decently buried at the discretion of my executors as touching those worldly goods wherewith it hath pleased God in his providence to bless me. I first of all will that as much of my livestock, household furniture and family utensils as is not hereinafter bequeathed be sold on such orders as my executors may think best and that of the first collections proceeds thereof all my just debts be paid, after which the balance to be disposed of as hereinafter dictated.
Item 1st: Whereas I have long since given unto my beloved son Burton H. Pitts one ___ horse which I rate at thirteen dollars, one negro woman named Bet which I rate at four hundred dollars, and did some months ago, say in August or September last sent by him and his brothers Henry Pitts, & Lunsford C. Pitts for the benefit of my said son Burton H. Pitts children a negro woman aged about fourteen years and _____, which I rate at four hundred dollars, which negro woman with her increase I will and bequeath unto the children of my said son Burton and their heirs, namely to his sons Lunsford Pitts and George Gaines Pitts and his daughter Rebecca Pitts and their legal representations. Furthermore, I have lately paid Henry Featherston, Jr., thirteen dollars in cash for my said son Burton H. Pitts and I also bequeath to my said son my likely young bay Filly nearing two years old which I rate at one hundred dollars currently in all _______ to nine hundred and twenty six dollars.
Item 2nd: Whereas I have long since given to my beloved daughter Lucy Featherston one negro girl named Lelars (?) rated at two hundred twenty five dollars, one mare rated at twenty five dollars, and lastly one feather bed rated at twenty six dollars, furniture included, one horse colt rated at thirty dollars and three cows and calves rated at thirty dollars amounting in all to three hundred thirty six dollars.
Item 3rd: Whereas I have long since given to my beloved daughter Fanny Black one featherbed and furniture rated at twenty five dollars, two cows and calves rated at twenty dollars, three hundred seventy dollars cash I paid for her dead former husband's debts, amounting in all to three hundred fifty two dollars.
Item 4th: Whereas I have long since given to my beloved son Henry Pitts one roan horse rated at sixty dollars, and some three or four years ago put into his hands money and horses to buy me a negro lad for which he proffered, promised, and engaged to deliver and make me a good title to one which should fulfill this description of one for which he had a personal bond for eight hundred dollars on a James Hanley and a Joseph M. Craven for the delivery of a sound, sensible good qualified country born Negro boy between the ages of fifteen and eighteen years said boy being then a considerable ____ and which bond Wilson Yandell was to enforce and deliver the proceeds to me to be ____ until my said son Henry Pitts fulfill his said contract , but as he has failed as yet to do so, which I rate at three hundred and fifty dollars, one sorrel horse I since sold him which I rate at sixty dollars, one other negro named Dick I let have the benefit of several years past which was got of said H___ and Mc Craven of their of eight hundred dollar bond, and formally given up to my said son with the profits of his ___ in last August or September, I rate at four hundred fifty dollars, the several mares and colts I took care of and raised up for him I give him over and above for his extra exertion(?) in removing me to this country when he was a lad rating all of the above items at nine hundred and twenty dollars.
Item 5th: Whereas I have long since given unto my beloved daughter Betsy Yandell one negro woman rated at four hundred dollars, which negro was named Winsey (?), one saddle rated at twenty dollars, one bed and furniture rated at twenty five dollars, amounting in all to four hundred and forty five dollars.
Item 6th: Whereas I have some time since given to my beloved daughter Judith Yandell one negro woman named Rachel rated at four hundred dollars, one bed and furniture rated at twenty five dollars, one cow and calf rated at ten dollars, one likely two year old Filly and saddle rated at one hundred twenty dollars amounting in all to five hundred and fifty five dollars.
Item 7th: Whereas I have given to my beloved son Lunsford C. Pitts four years education at a classical school over and above my other children-has given him a young stud horse rated at one hundred fifty dollars for which he was sold to Wilson Yandell have left him cash in hand with Yandell, ...said son a negro lad named Albert rated at three hundred dollars and fifty dollars in cash to be paid out of the first money collected from the proceeds of the sales of my property above proposed to be sold after my just debts are paid out thereof, in all amounting to five hundred and fifty six dollars over and above his aforementioned education schooling, which I mean to give him and fifty dollars over my other children, whose portion already had money not accounted to their full share as hereinafter named.
Item 8th: I will and bequeath unto my beloved grandson Lunsford Pitts Yandell the foal which my large bay mare now carries so soon as it be weaned, which will if lives to that time be rated at thirty dollars which shall be estimated in my daughter Betsy Yandell's divide, as the before named negro woman given to my grandchildren by my son Burton H. Pitts is rated in his divide, the mare will be kept at the expense of my estate till the colt is weaned if it lives. Now as it is my desire to make as just an impartial a division of my worldly estate as be my power consistent with the above arrangements, it is therefore my will that those who got less be made equal to him that has got most or as nearly so as may be out of my remaining estate except none shall have to pay anything back even if has achieved over and equal share-my son Lunsford Pitts aforementioned shall have fifty dollars as aforementioned over and above and my said grandsons shall have ...only: The proposed division of my estate not above bequeathed shall be first made as nearly equal as possible (?) amongst my children as may be out of my remaining negroes, then out of my other remaining estate, not above bequeathed, and the balance remaining, if any, shall be equally divided amongst all my above named sons and daughters, the above Sez__ bequeathed to my grandchildren being estimated in the legacies given to their respective parents and my said son Lunsford C. Pitts having fifty dollars over as above bequeathed-the division shall be made by five judicious men appointed by Court for that purpose in the manner they are usually appointed to divide estates. I hereby appoint and ordain my true and trusty friends Samuel P. Blank, Charles Featherston, Wilson Yandell, and John Yandell executors of this my last will and Testament, hereby revoking and annulling all others. In testimony whereof I have hereunto set my hand and affixed my seal this twenty sixth day of June in the year of our Lord one thousand eight hundred and thirteen.
Lunsford (X) Pitts
Signed, sealed and solemnized and acknowledged in presence of us. The letters by scratches, the letters cross added, the words lastly erased, and the words ____ interlined before signed.
Samuel Woolton
M. D. L. F. Sharp
Wm McClaren