In
the name of God amen I Samuel Elder of the County of Sevier and State
of Tennessee calling unto mind the mortality of my body knowing that it
is appointed for all men once to die do make and ordain this my last
will and Testament, that is to say principally and first and first of
all I give and recommend my soul to the hands of Almighty God that gave
it and body I recommend to the earth, to be buried in a decent
Christian like manner at the discretion of my executors nothing
doubting but at the General Resurrection I shall receive the same again
by the mighty power of God and as touching such worldly estate
wherewith it pleased God to bless me in this life, I give devise
dispose of the same in the following manner and form and secondly my
just and lawful debts and funeral charges to be paid.
Item,
give and bequeath to my dearly beloved wife Hanna Elder the plantation
that I now live on and all the household furniture and three negroes
and one bay mare and colt and all the cattle and hogs and all the
farming utensils her live time, or during her widowhood or while she
continues to live with my son Andrew Elder, but if my wife Hannah Elder
leaves my son Andrew Elder she shant take the said negoes from him but
leave the said negroes on the said plantation and she the said Hannah
Elder shall take two cows out of the flock of her own choosing and one
bed and furniture and her wearing apparel and half the dresser
furniture and her mare and saddle and the said Andrew Elder shall pay
my wife Hannah Elder the third part of all that is raised on the said
plantation during her lifetime and widowhood and at the death of my
beloved wife Hannah Elder or at her marriage the plantation and negroes
and their increase and all stock and household furniture to be sold and
divided in the following manner,
Item,
I bequeath to my beloved daughter Esther Widner wife of Michael Widner
twenty dollars to be paid out of the price of the plantation, negroes
and stock within one year form the death of my well beloved wife Hannah
Elder –
Item
I give and bequeth my well beloved son Robert Elder forty dollars to be
paid out of the price of the plantation negroes stock & household
furniture within one year after the death of my well beloved wife
Hannah Elder
Item
I give and bequeath all the rest of my Estate in the following manner
to be equally divided between the rest of my sons namely William Elder,
Jacob Elder, Samuel Elder, John Elder & Andrew Elder at the death
of my well beloved wife Hannah Elder to them their heirs and Assigns
forever.
I
constitute and ordain my well beloved friends Allen Bryan Senior and
Peter Bryan my whole and sole Executors of this will and testament and
utterly revoke disannul and disavow all forms of Wills and Testaments
by me before constituted by me before constituted or ordained and
constitute this and no other to be my last Will and Testament. In
witness whereof I have hereunto set my hand and fixed my seal this 16th
day of July 1809.
Samuel Elder
Signed
sealed and pronounced and delivered in the presence of us and we in his
presence and in the presence of each other have hereunto subscribed our
names Peter Bryan, James X Melhaney Junr This
day come before me Samuel Henry one of the acting Justices of the
county aforesaid Peter Bryan & Thomas Bryan and voluntarily mad
oath they saw Samuel Elder deceased sign seal and acknowledge this
annexed will bearing the following date viz the 16th of July 1809 to be
his last Will and Testament, where the said Peter Bryan, Thomas Bryant
and James McElhaney Junr the subscribers witness thereto Peter Bryan Thomas Bryan Sworn to and Subscribed before Samuel Henry on of the Acting Justices of the County aforesaid, this 28th day of June 1811 Samuel Henry
