(p. 36)
In the name of God, Amen. I, David Marshall Snr. of the County of
Carroll and State of Tennessee being of sound mind and disposing
memory do make and ordain this my last will and testament. In the
manner and form following towit. In the first place I leave unto
my Daghter Nancy (Wife of Morris Hallim) one certain tract or
parcel of land containing three hundred & ten acres lying in
the County of Carroll and adjoining the lands of Henry Wright, on
which said Hallum now lives, dureing her natural life and at her
death I give the same to her children to be equally divided among
them to them and their heirs forever, the same I designed to have
willed to my daughter Polly (wife of Robert Smith) at her request
I have deeded it to her husband and therefore it is unnecessary
to will it. Item. I lend unto my Son in law William Handsborough
the tract of land whereon he now lives containg four hundred
& fifty Sevn & a half acres also one negro woman named
Nancy & Boys Anderson Peter & Jos. & a Girl Mary her
children with her future Increase dureing her natural life and at
his death the land and negroes So lent I give to the children of
his deceased wife and to the Children of his present wife by him
to be eaqually divided among them to to them and their heirs
forever. Haveing given a certain tract of land containing by (p.
37) estimation four hundred and eight acres. To my daughter Patsy
(Wif of James M Hurt) by deed executed on the 22nd of July one
thousand eight hundred and twenty nine it is therefore
unnecessary to make further mention of it. Haveing given to my
Daughter Michal (Wife of Albert H. Wynn) a certain tract of land
adjoining the north Boundary of the Town Tract of Lebannon in the
County of Wilson & State of Tennessee, Estimated to contain
one hundred and four acres, it is therefore unnecessary to make
further mention of it. I give and bequeath unto my Said Daughter
Michal one negro boy Misheck to her and he heirs forever. Item. I
give to my Daughter Kitty (wife of Wm. Searcy) one certain tract
or parcel of land lying in the County of Henry & State of
Tennessee containing one hundred and seventy acres, which the
said Searcy has sold and if the purchaser calls on me I will make
him a deed to the same. Itim. I give to my daughter Kitty negro
boys Dick & Edmund & Girl Luisa to her and her heirs
forever. Item. I give and bequeath unto my Son David one certain
tract or parcel of land commonly called the Summer tract,
containing by estimation Three hundred & twenty acres, also
part of the tract commonly called the Mabane tract beginning at
the north west corner of Robert Hurt's tract, he purchased of
Peter Clingman on a gum and white oak Pointers thence running
with the line of thract, given to my daughter Patsy till it
strikes Stockards creek, thence as the creed meanders till it
gets below the road leading from Robert Hints to his brother
James M Hints to a white oak & Dogwood pointers. Thence east
one hundred & ten poles to corner Red oak in The branch
leading from Son Davids thence as that Branch meanders until it
unites with Stockards creek & thence down that toa a Maple
corner & Dogwood pointers thence east to the west boundary
line of the Hill tract, thence south with said line to the north
boundary line of the Summer tract thence west to the northwest
corner of the Summer tract to a corner Hickory & pointers
thence south to the northeast corner of Robert Hurts tract bought
of Peter Clingman thence west with his & the Section line to
the beginning. I also give to my son David one negro woman Maria
and her son James with her future increase & a mulatto Boy
named Mitchel to him and his heirs forever. Item. I give to my
Son William N. B. (p. 38) the tract of landon which I now live
containing five hundred and forty five acres and a half subject
to the peaceable possession of my wife Rebecca dureing natural
life. I also give and bequeath to my son Wm. N. B. the remainder
of the tract commonly called the Mabin tract, that is to say that
tract is divided between my daughter Patsy and my Two Sons David
& William, N. B. So that the two first named have the portion
herinbefore described & my Son Wm. N. B. the Remainder of the
tract also. I give and bequeath to my son William N. B. about
fifteen acres adjoining the north boundary line of the Tract. I
now live on it being a purchase made of Gilbert Hart Also one
negro woman named Mary with her future increase also a negro boy
gregory & a Mulatto boy Coleman also a choice young Horse of
my Stock and a good bridle & Saddle also a good feather bed
& furniture and a young yoke of oxen to him and his heirs
forever. Item. I give and bequeath unto my Two Sons David &
Wm. N. B. the two lots in the town of McLemoreville on which the
brick building stands in which my Son Wm. N. B. keeps store as
joint property to them & their heirs forever. But that my Son
William N. B. is to have peaceable possession the same untill the
death of my wife Rebecca Provided he pay his brother David
annually forty Dollars a year rent. Item. I give and bequeath to
my (p. 39) grand Daughters Francis Ann Martha Jane &
Elizabeth Bartee Children of my Dead Daughter Rebeca one hundred
dollars in cash to be eaqully Divided amon them, I furthermore
hereby direct and authorize my Executors hereinafter to be named
to Sell upon such Credit as them may think proper a certain tract
or Parcel of land containing two hundren & twenty two acres
of land lying upon the waters of Lick Creek and it is my will
that my three Grand Daughters Francis Ann Martha Jane &
Rebecca Bartee receive as they become of age or marry the
proceeds of Such Sale with the Interest of The Same equally
divided among them. I give my Grand Daughter Francis Ann Bartee
one negro boy Peter to my grand Daughter Martha Jane Bartee one
negro boy Ransom to my Grand daughter Eliza Bartee one negro boy
George and to each of the last named grand-daughters a good horse
bridle and saddle & a good feather bed & furniture when
they marry or arive at lawful age. In relation to all the
property willed To my three Grand Daughters Francis Ann Martha
Jane & Eliza Bartee that Should either die before they marry
or arrive at lawful age that the Survivor or Survivors should
receive the portion which would have fallen to the decd. I give
to the Anabaptist To the Catholicks of Rome & to the
Universalist three acres of land for a place of publick worship
to be taken off of a Senventy Six acre tract. I had located on
the waters of Crooked Creek to laid off in an oblong Square west
of the Spring so as to have free access to the water. Item. I
give to my Beloved Wife Rebecca three hundred dollars in cash.
Item. I lend to her dureing her natural life the tract of land on
Which I live also ten negroes to-wit, Peter Robin, Stephen, Jack
Washington, Jude, Patt, Hanna, Dafney & Christiania also two
Yoke of oxen one waggon & the one half of all my Stocks of
every Description, also all my plantation tools & three pair
of the best geer & all of mykitchen and household furniture
and also the cropp of every description on hand at my death. All
the residue of my estate not herein before disposed of I give to
my following children & Grand Children. That is to say my
Daughters Nancy, Polly, Patsey, Michal & Killy & to my
three Grand Daughters Francis Ann, Martha Jane & Eliza Bartee
as on legatee in the room and place of their decd. mother &
to all the Children of my Son in law William Hnasborough Which
were born of my decd. daughter Elizabeth and also the children
Born and which may be born to him of his present wife as one
legatee in the room and place of my Decd Daughter Elizabeth To be
equally divided among them to them and their heirs forever that
is to say to my Daughter Nancy (wife of Morris Hallum) one
seventh part, to my Daughter Polly (wife of Robert Smith) one
Sevnth part to my Daughter Michal (wife of Albert H Wynn) one
Sevnth part, to my Daughter Kitty (wife of Wm. Searcy) one Sevnth
part & to my Grand Daughter Francis Ann, Martha Jane &
Eliza Bartee, one Sevnth part to be equally divided between them
and to the children of Wm. Hansborough both of his firs &
present wife one Sevnth Part to equally divided betwen them &
their heirs forever, and after the death of my wife Rebecca that
portion of my estate loaned her (except the Same) I give and
bequeath to (p.40) To the last named legatees in the manner of
the last named beqest That is to say to my Daughter Nancy one
Sevnth part of the whole estate to So loaned to my Daughter Polly
one Sevnth part to my Daughter Patsy one Sevnth part to my
Daughter Michal one Sevnth part to my Daughter Kitty one Sevnth
part to them and their heirs forever, to my three Grand Daughters
Francis Ann Martha Jane & Eliza Bartee one Sevnth part to be
equally diveded between them & to the Children of William
Hansborough born of his first wife & of his second wife, or
which may be born to him one Sevnth part to be equally divided
betwen them to them their heirs forever. In division of my estate
hereafter to be made no reference is to be had to advancements I
have made to my children and which property they are in
possession of, lastly, I do hereby constitue & appoint my
Sons David and William N. B. & my son in law William
Hansborough Executor of this my las Will and Testament, hereby
revoking all other wills by me made.
In witness whereof I have hereunto set my hand and affixed my Seal this 23rd day of February in the year of our Lord one thousand Eight hundred & thirty three.
D Marshall (Seal)
Test.
Robert Hurt Jur
A. H. Smith Jur
T. J. N. Bridgers Jur
State of Tennessee)
Carroll County Court) March Session 1833
The last will and testament of David Marshall Deceased was this day produced in open court and the execution thereof was duly proven by the oaths of Robert Hurt Anderson H. Smith and T. J. N. Bridgers, Subscribing witnesses thereto: to be the act and deed of said Marshall and ordered to be Recorded Whereupon came into open court Davis Marshall Wm. N. B. Marshall and William Hansborough the executors named in the Said Will and entered into and acknolledged their bond in the sum of Ten thousand Dollars with James M. Hurt and George Barker their Securities, and took the necessary oathes Perscribed By law.
Registered 14 May 1833
Test
Edward Gwin Clerk