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Samuel Elder d. 1811 Tennessee - Handwritten Will 1909  (scanned in 9 parts by Susan Vallejo

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Will of Samuel Elder - Transcription

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

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