The Will of Joseph Hale Talbot
(Son of Thomas Talbot and Ruth Greer)
June 2, 1848
I Joseph H. Talbot of the city of Memphis, being of sound mind but feeble health and calling to mind the uncertainty of all human affairs and being about to travel north and east for the benefit of my health and having a desire to make provision for my family, peculiar to their condition, do publish this my last will and testament.
Item 1. It is my desire that my body be taken to the old "Talbot burial ground" near the city of Nashville and there interred according to the rights /rites/ of the ancient and honorable fraternity of free and accepted Masons of which I have been for many years a member, provided my brethren consider me worthy of that honor.
Item 2. I will and devise to my beloved wife Martha the place where I now live in south Memphis, being about 16 acres of land designated in the plan of south Memphis as block 54 bounded on the north by Vance Street, on the east by Lauderdale Street, and on the west by Wellington
being the place where I now reside/thus marked through/ or should my wife prefer I will her my farm near Memphis consisting of about 87 acres of land purchased of Willoughby Williams, together with two thousand dollars to be applied by my executor hereinafter named, in suitable building should _____? it before my death have erected on the land suitable buildings for her condition or should my wife prefer I devise to her my old Jackson residence being a 10 acre lot and all north and adjoining thereto, and lying between the Christmasville and Trenton roads supposed to be fifty acres, but saying and reserving about 14 acres on the north part including the houses and field where my sister in law Mrs. Delia Talbot lives. I devise either one of the above three places, that she may prefer and she shall six months after the proving of my will to make the selection to have and to hold the place so chosen to her and her heirs in fee forever, but this devise is in lieu and satisfaction of all right of dower that my wife may be entitled to any of my lands wheresoever found. I also will to my wife Martha all my household and kitchen furniture, my carriage and a carriage horse (if I should them /a confused provision/, all the provisions on hand, etc. /at/ the time of my death, provided for the support of the family and upon her I charge the board of my children for a year after my death. I also give to my wife the following slaves, Old Jo and his family, to wit, Annis and her children, now born and her future increase, Vemus and her increase, Charles and little Jo and Susan. I also give to my wife my watch.
Item 3. As I make no calculation that my son Francis will ever acquire sufficient intellect to provide for himself or take care of what I may provide him I will and devise to my executors herein after made, my brick store house in what is called Howards row, south Memphis and the ground it covers, now occupied by Florian & Co. as a grocery. This devise is made however in trust and for the use and benefit of my simple son. May /my/ said executors are to apply the rent and profits to his economical and decent support during life and to guard against casualties my said executors are required to keep the buildings constantly under as full insurance as can be procured so if in case of destruction, the insurance money may rebuild to a great extent the houses (all of the rent and the rent and profits over and above insuring repairs taxes &c. and the support of my son. . . .
Item 4. All my other property real and personal I charge with the payment of my debts and my executors are fully authorized to sell or lease all my property not specifically devised for such purpose. And after the payment of my debts it is my will that the remainder of my estate of every description be equally divided between my children share and share alike. If any of my children die before coming of age, the part coming to such a child to go to the survivor or the representatives of such survivor.
Item 5. At the death of my son Francis, the devise in trust to his use and all the remaining profits arising there from I will to be equally divided between my then surviving children and the representatives of such as may be dead.
I appoint my brothers in law, Dr. Alexander Jackson and Abram K. Taylor, executors to this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal at Memphis on this 2d day of June 1848.
Jos. H. Talbot