In the name of God, Amen. I, James M Henderson of
the County of Carroll and State of Tennessee being of sound mind
and disposing memory but fully sensible of the uncertainty of
life do make and constitute this my last (p. 22) will and
Testament. In the first place it is my will and desire that my
estate shall be kept together for the more convenient purpose of
educating my children that as they succesively come of age their
portions Shall be given off to them if they desire it and in the
event of my daughter Margarets marriage that her portion shall
then be given to her as hereinafter directed. It is my further
will and desire that my father and mother be supported out of my
estate as long as they shall choose to live on it. and that they
be considered as the primamarry managers of my property and the
gardians of my children. It is my will and desire that my Son
James Martin shall have my gold pattent lever watch and that his
portion of my estate shall be charged with the value of it
$150.00, and that if he die before he come of age, that my Son
Pleasant Shall Have the watch on the same conditions and if he
dies before he is of age, that my Son William Henry Frederick and
Marion Be successively entitled to it on the same conditions. The
gold lever watch which was my late wife's I give to my daughter
Margaret and her portion of my estate is to be charged its value
$90.00. My large shot gun I give to my Son James and leave my
rifle in trust to him to give to my Son Marion when he is large
enough to use it, and to tell him it was his fathers Gift. My
small Silver mounted Shot gut, I give to my Son Pleasant. It is
my will and desire that none of my negroes shall be seperated
from their wives. It is my will and desire that Andrew and his
Wife Betty and their children be kept in the family to assist by
their Labour in the Support and that Andrew carry on the business
of his Shop, as he is now doing and neither he his wife or
children Shall be apportioned off until my youngest child is of
age. To my youngest son Marion I give and bequeath as part of his
Portion my negro boy Henry because they were foster children. I
do hereby appoint my father Pleasant Henderson and my brothers
Tippo Saib Henderson and Mark M. Henderson and my friend James H.
Gee executors of this my last will and testament to execute my
Said Will and I do hereby empower my said executors to Sell any
portion of my estate real or personal if they think it be for the
advantage of my estate and to continue arrange and manage my
affairs and my estate both real and personal in any manner which
to them may seem best, calculated to Subscribe and promote the
interest and wellfare of my children. It is my wish that my
executors will obtain from my stepdaughter Sarah Ann Stone the
portraits of myself and my late Wife that my children may retain
a recollection of our features. My land shall be divided off to
my sons as they successfully come of age, if they desire it,
according to quantity and quality and if they choose to leave the
portion of property to which they are entitled with the family
they shall be allowed a reasonable hire or rent. Therefor it is
my wish that my children (p. 23) shall be charged with what money
may be necessary for their advancement and that my Executors keep
a regular account with each of my children. If my daughter
Margaret marry before she of age her portion of land and Other
property may be divided off to her, but no absolute title Shall
accrue to her husband untill she is of age nor then if my
executors shall have reason to believe that her husband is likely
to squander the property, in that case I hereby Require of the
executors to execute Such an instrument or Conveyance, as Shall
Secure her portion of my property & estate to her and her
heirs. The home place shall be retained for and valued to Marion
when he is of age as his portion and in the event of his death to
the one next above him in age, and it is further my desire that
it Be the permanent residence of my Father and Mother and They or
the Survivor retain it during their natural lives. The title to
the family negroes lewis and george is in Alexander Henderson and
I hereby direct my executors to purchase them even if they have
to sell land to do so, and that they then be considered as part
of my estate and Subject to the provisions of this will Signed
Sealed &c this 16th day of July in the year of our lord 1831
in the presence of
R. L. Hogg,
J. M. Jennings Jur
Wm. Gwin Jur
Jas. M Henderson (Seal)
(p. 24) State of Tennessee)
Carroll County Court) September Term 1831
The last will and testament of James M. Henderson deceased was Produced in open court & proven by the oaths of Isaac M Jennings and William Gwin tow of the Subscribing witnesses thereto and ordered to be recorded and on Montion of Plesant Henderson Tipps Sabe Henderson and Mark M. Henderson three of executors named in the said will who took the oath required by law and together with Barry Gillespie and Samuel Benton their Securities entered into and acknowledged their bonds in the Penalty of fifteen hundred dollars conditioned as the law directs certificate is granted them for obtaining a probate thereof in Due form.
A Copy test
E. Gwin Clerk
Registered 25th October A. D. 1831
Witness Edward Gwin Clerk