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