JOHN M. HAWKINS' WILL

I John M. Hawkins being of sound mind and disposing memory and knowing it is appointed unto man once to die do make and publish this my last will and testament hereby revoking all others by me at any time made.

1st I resign my soul to God who gave it and my body which I desire may be decently buried I resign to its Mother Earth.

2ndly  I wish all my just debts to be paid as soon as convenient after my death.

3rdly  It is my wish and I hereby direct my Executor hereinafter named to sell publicly or privately and on Such Terms as they may deem most adviseable so much of my property either Real or personal or both as my beloved wife may desire as may be necessary to pay my debts and if it should become necessary or my wife may desire any of my land to be sold for the aforesaid purposes I hereby direct and empower my Executor to convey the same to the purchasers.

4thly  Whereas my son Milton Hawkins has recently departed this life and at the time of his death was indebted I direct my Executors to pay whatever of said debts may Remain unpaid at my death in the same manner in which I have directed in the third clause of this my last will and testament in Refference to the payments of my debts and do hereby for that purpose confer on them the same powers conferred by said 3rd clause.

5thly  I give and bequeath to my beloved wife Polly G. Hawkins all and every portion of my estate of every kind and description Real personal or mixed which may be remaining after the payment of my debts and the debts of my Decd son Milton by her fully and freely to be used and enjoyed during her life for the maintenance of her self and the maintenance and education of my children until they arrive at the age of twenty one years

6thly.  I wish my executors hereinafter named to sell and convey so much of my Estate either Real or personal as my said wife may desire at public or private sale upon such terms and at such times as they may deem most advisable as my said wife may deem necessary for her support and the support and Education of my said children.

7thly.  I wish  my said Executors when my said wife may desire it to sell and convey upon such terms as them may think best any portion or all of my Real estate and to vest the proceeds of the same in such property either Real or personal as my said wife may desire takeing the title to the same in her name.

8thly.  In as much as some of my children have not already Recd advancements from me I wish my Executors to furnish such of the others of my said children as my wife may desire upon their arriveing at twenty one years of age property such as my Executors may think most suitable as nearly equal in value as may be convenient to that already recd by those already advanced so as to make the distribution of my estate as nearly equal as possible.

9thly.  Should any of my sons after they arrive at twenty one years of age see proper to Remain with my wife and labor on the farm or in any way assist her in supporting herself or the infant children in the final distribution of my Estate hereafter to be made I wish my Executors to allow and pay  them a Reasonable Compensation for such services as them may have rendered or if my said wife so desires she may pay them at any time for such services as it is my desire that my Estate be liberally and Equitably administered.

10thly.  Should my wife die before my youngest son arrives at twenty one years of age I wish my Executors to sell and convey so much of my estate either Real or personal as they may think best as may be necessary for the support and Education of such of my children as may be under 21 years of age and apply the proceeds to their support and education until they become 21 years of age.

11thly.  It is my wish that at the death of my wife or the comeing of age of my youngest son whichever event may happen last that my Executors sell and convey whatever may be Remaining of my Estate upon such terms as may be most adviseable and that the proceeds be equally divided between my children subject to all equitable charges in favor of any one of my said children & charging each with such advancements as he may have Received and should any one of my said children be dead at the time of making said distribution leaveing a legitimate child or children.  I wish such child or children to Receive the share of the Decd parent should any of my children be dead leaveing no legitimate child I wish the share of such deceased child to be divided among his surviving Brothers and the legitimate children of such as may be dead as above named.

12thly.  It is my wish that my Executors herein after named shall not be required to give Bond and security for the performance of their duties as such Executors.

13thly.  It is my earnest desire that my family be satisfied with this disposition of my property and that they dwell in peace and Harmony.

Lastly I do hereby nominate and appoint my beloved wife Polly G. Hawkins and my son Alvin Hawkins Executors of this my last will and Testament In witness whereof I have hereunto set my hand and seal this 19th day of December 1850.

 

John M. Hawkins (Seal)

 

Witness

Isaac Harlan, Wm. M. Mann.

 

State of Tennessee )   County Court

Carroll County        (   March Term 1852

 

This was a paper writing purporting to be the last will and Testament of John M. Hawkins produced in open court and offered for probate when the execution thereof was duly proven and the same admitted to probate and ordered to be Recorded of which the foregoing is a true copy Test.

 

W. H. Graves  Clerk