Will of Shadrack R. Sudbury

Dated Feb 1857

 


S. R. SUDBURY
Last Will & Testament
Proven and set up at
June Term 1859
Recorded June 1859

State of Tennessee - Dyer County Court

In the Name of God Amen

I SHADRACH R. SUDBURY of the County of Dyer and State of Tennessee being sound of mind but frail in body do make this my last will & testament here by revoking and making void all other will or wills by me at any other time made. First, I commit my soul to God who gave it, and my body to its mother Earth, Secondly; I direct that my body be decently intered. Thirdly I direct that out of my monies or effects that I may die possessed of that my burying & funeral expenses be paid & also all of my just debts as soon as possible: Fourthly; I give and bequeath to my beloved wife SUSAN SUDBURY all of my property both real and personal during her natural life or widowhood and at her death or marriage to be equeally divided between my three children JEREMIAH W. SUDBURY, JOHN B. SUDBURY and SARAH FRANCIS SUDBURY, viz: the share or part that may fall to JOHN B. & SARAH FRANCIS SUDBURY on a final division is to remain in their possession for their use and benefit, and to raise and support their families and children during their said JOHN B. and SARAH F. SUDBURY'S life time, and at their death to be equeally divided between their respective children if any they may have living; and also JOHN B. and SARAH F. SUDBURY shall be authorized when they come in possession of their shares to sell the same if they believe they can lay out the money to a better advantage and interest for themselves and children, and the land or property purchased with said money to descend to their children as above stated, and also in a final division of my estate I desire my daughter SARAH F. SUDBURY to have the two girls MARY & JANE and their children if any there may be as part of her share of my estate but if said FRANCIS should never have children I desire the said two girls MARY & JANE & other children to fall back as other of my property, and be equeally divided between J. W. SUDBURY, and JOHN B. SUDBURY at sd. said FRANCIS death as also any other portion or part that may descend to her of my estate. I also desire all of my property personal & real to remain in the care & possession of my wife SUSAN during her widowhood or natural life, but she may loan to my above named children if she thinks proper to do so but to be returned at her pleasure or when legally demanded but at her marriage or death a general division to take place immediately. I also desire that the mill and my equeal interest in the gin and Carding Factory may be continued and run as here to fore, and the profits arising from them be equeally divided as my other property, and I here by appoint my two Sons JEREMIAH W. & JOHN B. SUDBURY my executors with out bing bound to give security to execute and carry out the intentions of this my last will & intestived. In testimony where of I have here unto set my hand and seal this the day of February A. D. 1857

SHADRACK R. SUDBURY (Seal)

Witnesses:
J. J. DAVIS
G. W. WALKER
ELIAS PARRISH

Codicl to the above Will.

The land on which I live containing two Hundred and seventy five acres with the appurtenances attached I give to my two sons J. W. & JOHN B. SUDBURY and I give & bequeath to my daughter SARAH FRANCIS (now SARAH FRANCIS FARWELL) one hundred acres where on she now lives, this codicil is not intended to effect the above will in any way, only in the exchange of land my son J. W. SUDBURY made me a deed to the one Hundred acres that I now bequeath to SARAH FRANCIS and in exchange I bequeath to him her interest in the land where on I live which give to sd. J. W. SUDBURY two hundred of the sd. two hundred and seventy five acres - In witness where of I here unto set my hand and seal this 10 day of May A. D. 1859

SHADRACK R. SUDBURY (Seal)

Witnesses:
J. B. SMITH
AMERICUS SEDCOCK
B. S. WILCOX


Note: Sarah F. Sudbury was actually married to Benjamin Franklin Farmer, not a Mr. Farwell. Not sure if this was a transcription error or not, but a descendant of the family has confirmed this information.


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