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Stephen Cantrell, 1827

TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904

Transcribed by Linda Carpenter
©2005

County Court Clerk's Office
Will Book - Vol. II
May 1823 - June 1842

(Page 54)

In the name of God Amen: I Stephen Cantrell of the County of Sumner and State of Tennessee of sound mind and memory do make and ordain this my last Will and Testament. In manner and form following to wit:

Item: I give and bequeath to my wife Mary Cantrell during her widowhood the use of my household and kitchen furniture except such as I shall hereafter officially name with  the use and interest of one half of my home plantation with the dwelling house and the other necessary buildings to be used at the discretion of my Executors namely Stephen Cantrell Jr, William Cantrell, William Edwards, son of Nathan Edwards, and Zebulon Cantrell. I also give her the use of eight Negroes to wit, Philip and Betty his wife and Dilsey their daughter, Geremia, Jack, Tom, and Esau also Milly and her child Franky also two work horses and a certain black Mare known to be her Riding Creature, two cows and calves one ox cart and ox wagon and furniture with farming utensils necessary to carry on the plantation two yoke of oxen, two sows and pigs, one dozen sheep, two beef steers, also an equal proportion with the other legatees which will be particularly mentioned of other property to be disposed of at sale together with the notes and accounts remain to be collected at my decease, also the cash on hand likewise the bank stock etc. and the whole to be under the discretion of my said Executors for her and for the purpose afore mentioned, it is also my will that should my wife contrary to my expectations appear to dissipate or make an improper use of the property so bequeathed her that in that case it shall be in the power of my Executors aforesaid to take the property into their possession and make sale of it reserving to her a reasonable support during her natural life and the money arising from the sale thereof to be equally divided at her decease among the whole of the Legatees.

Item: I give and bequeath to my son Stephen Cantrell Jr his heirs and assigns forever, two certain tracts of land lying in Wilson County on Cumberland river each containing one hundred and twenty acres agreeably to the butts and boundaries specified in patents No 4307 and 4308; also one third part of lot No 73 in the town

(Page 55)

of Nashville in Davidson County also an equal proportion with my other legatees of all my other property directed to be sold at my decease, cash on hand, accounts note bank stock and provided he pays me 2562 & 1/2 dollars in specie on an obligation given me by himself Partway and together with the balance of said obligation if unpaid before my decease.

Item: I give and bequeath to my daughter Sarah Willis wife of Caleb Willis her heirs born of her body and assigns forever one hundred and fifty acres of land part of a tract patented to William Bowen lying on the North side of the Cumberland River in Sumner County adjoining Jesse Garrett agreeably to the butts and boundaries of a deed of transfer made me by the heirs of David Carson and adjoining a tract I have heretofore conveyed to the said Sarah Willis on the west and Moses Rule on the South. I also give her a certain Negro boy named John, also an equal proportion with my other Legatees of all the other property directed to be sold at my decease, with the cash on hand accounts obligations, Bank Stock etc. It is also my will that the whole of the property etc. bequeathed the said Sarah Willis, be kept in the possession of my said Executors and no part thereof be surrendered to her but on application by her to the aforesaid Executors and should any suit in law or equity be hereafter commenced by her husband Caleb Willis relative to this will, it shall there be the duty of my said Executors to sell the aforesaid property and the proceeds of said sale, to be by them kept and surrendered to her only on her personal application and in case of her death to be equally divided between her children when they shall arrive at lawful age.

Item: I give and bequeath to the children of my son Ota Cantrell and their heirs and assigns forever, a certain tract of land containing two hundred and sixty four acres lying on the East fork of Stones River on a branch of the East side of the East fork, commonly known by the name of Andrews Branch in Rutherford County, Beginning at a hickory and ash running East one hundred and forty eight poles to an ash, North two hundred and ninety six poles to a stake, West one hundred and  forty eight poles to a stake, South two hundred and ninety six poles to the beginning, also an equal proportion with the other Legatees of all my other property herein directed to be sold at my decease, with the cash on hand accounts obligations, Bank stock etc. the whole to be kept in the hands of my said son Ota during his natural life.   

Item: I give and bequeath to my son William Cantrell his heirs and assigns forever in addition to what I have heretofore devised him all that part of Wilkerson's tract of land that lies West and South of Station Camp Creek in Sumner County if not sold before my decease also one half of a lot in the town of Gallatin in Sumner County, known by the lot No 9 in the North West square of said town also an equal proportion with the other Legatees of my other property herein directed to be sold at my decease also the cash on hand accounts Obligations, Bank stock etc.

Item: I give and bequeath to my son Zebulon Cantrell his heirs and

(Page 56)

assigns forever an equal division with his brother Darby H. Cantrell of Fourteen hundred seventy four acres of land in five different tracts lying on the North side of Cumberland River opposite the mouth of Obey's River in Jackson County, also one third part of lot No73 in the town of Nashville Davidson County, also an equal proportion with the other Legatees of all my other property herein directed to be sold at my decease, also cash on hand, accounts, obligations, Bank stock etc. also a cow and calf a feather bed stead and furniture.

Item: I give and bequeath to my daughter Mary Edwards wife of William Edwards, son of Nathan Edwards, her heirs and assigns forever in addition to what I have heretofore given her, one half of Lot No 9 in the North west square of the town of Gallatin, Sumner County also one equal proportion with the other Legatees of all my other property herein directed to be sold at my decease, also the cash on hand, accounts, obligations, Bank Stock etc. provided that the said William shall abide by a verbal agreement heretofore made, between the said William and myself to wit: That should the said Mary survive him the said William and there should be no issue, that he the said William shall surrender the whole of the of my aforesaid property etc. to her bequeathed to the said will or otherwise. It is further my will that the said William keep in his possession a certain tract of land in the forks of Station Camp on which he first settled till he is fully satisfied the rents thereof for the labor and expenses he was at in improving said place.

Item: I give and bequeath to my son Derby H. Cantrell his heirs and assigns forever an equal division with his brother Zebulon Cantrell of fourteen hundred and seventy four acres of land in five different tracts lying on the North side of Cumberland River opposite the mouth of Obey's River Jackson County, also one third part of lot No 73 in the town of Nashville Davidson County, also an equal proportion of all the other property with the other Legatees herein directed to be sold at my decease, also cash on hand, accounts, obligations Bank stock etc. also one cow and calf, one featherbed, bedstead and furniture.

Item: I give and bequeath to my son James Madison Monroe Cantrell his heirs and assigns forever four hundred and eleven acres of land more or less, lying in Rutherford County on Stewarts Creek being the balance of a preemption of a six hundred and forty acre tract granted me by the State of North Carolina, being the place whereon my son Ota now lives, also a certain Negro boy named Toney, one cow and calf one feather bed, bedstead and furniture with an equal proportion with the other Legatees of the property herein directed to be sold at my decease, cash on hand, accounts, obligations, Bank Stock etc.

Item: I give and bequeath to my son George Clinton Jefferson Cantrell his heirs and assigns forever, the one half of my home plantation on Madison Creek Sumner County containing by estimation six hundred acres and that on my decease, the said half be rented out for the use of him the said George and at the decease of his mother the other half of

(Page 57)

the said plantation or tract of land, also a certain Negro boy named Jerry, one featherbed bedstead and furniture, one young horse one cow and calf, and an equal proportion of the other property as my other Legatees, herein directed to be sold at my decease accounts, obligations, cash on hand, Bank Stock etc. It shall moreover be the duty of my said Executors to keep in their possession the property etc. given and bequeathed to my two sons James Madison Cantrell and George Clinton Jefferson Cantrell till the aforesaid James and George shall arrive at lawful age. It is moreover my will that all my other property both real and personal not heretofore particularly specified shall at my decease be exposed to public sale by my said Executors at a Credit of twelve months, the purchaser giving bonds with credit of twelve months, the purchaser giving bonds with approved security.

In testimony whereof I have hereto set my hand and affixed my seal this fifth day of December, in the year of our Lord One Thousand Eight Hundred and Twenty Three and the Forty Eighth year of American Independence. Stephen Cantrell (Seal)

Signed, sealed & acknowledged in the presence of these witnesses
Shadrack Nye

Henry P. Grizzard
Elijah A. Flack
Weston Scruggs   

Codicil

In addition of this Will and Testament. It is my Will that the balance of the obligation I hold on Stephen Cantrell Jr, Nenchy, Petna & etc. if not paid before my decease be lent to my son in-law William Edwards and my son Zebulon P. Cantrell for the term of four years from the time it is collected free from interest, they giving their obligation payable in like money as specified in said obligation. In witness whereof I have hereunto set my hand   and seal this 26th of August 1824. Stephen Cantrell (Seal)

Test
Weston Scruggs
Shadrack Nye

In addition to this Will and Testament, I hereby annex the following from circumstances which have transferred since signing and sealing thereof viz: That should my wife Mary Cantrell contract matrimony and marry any other person, after my decease, she shall then be entitled to one horse and saddle, one feather bed and furniture and surrender up into the hands of my aforesaid Executors the whole of the other property herein bequeathed her by this Will and it shall be the duty of my said Executors to take it into their possession and make sale of it in the manner and form of the other property heretofore mentioned and in case she and her husband should separate or disagree, then and in that case it shall be the duty of my said Executors to allow her the said Mary a reasonable support. It is further my Will that a certain piece of land of one hundred & fifty acres part

(Page 58)

of a tract heretofore bequeathed to my daughter Sarah Willis including the house and improvements whereon Matthew Rice lived the last season be sold by my said Executors at a credit of one, two, three and four years taking bond with sufficient security provided they can sell it for $2000 and the money when collected be surrendered to her the said Sarah or her heirs born of her body on her or their personal application and should the said Sarah prefer taking the land and place whereon William Edwards formerly lived in the forks of Station Camp as a full compensation for the aforesaid tract of one hundred and fifty acres as heretofore mentioned that the said Rice lived on, then and in that case, the said Sarah shall surrender up the aforesaid tract of 150 acres to my said Executors to be sold and equally divided amongst all my Legatees heretofore named.

In witness whereof I have hereunto set my hand and seal. This 7th day of January, in the year of our Lord One Thousand Eight Hundred and Twenty six. Stephen Cantrell (seal)

Signed, sealed and acknowledged in presence of us witnesses the several interlineations and erasures being also acknowledged

Benjamin Taylor
Samuel Kirkpatrick

Everd Elliff
David Nye

Shadrack Nye

Codicil

In addition to this Will and Testament from events which have lately taken place, I do hereby insert the following: As there is a suit at law commenced against me by Mary H. Bowen and Samuel A. Bowen, in the Circuit Court of Sumner County also a suit commenced by me against Daniel S Willis in the above Court. Now in case of my decease before the termination of the said suits it is my Will that my Executors heretofore named legally and attentively attend to the said suits and in the case of my decease before the suit against said Daniel S. Willis shall be decided, that my said Executors shall renew the suit and prosecute it effect till decided by due course of law, or compromise and for any trouble or expense that my said Executors may be subjected to in consequence of said suits that they may be amply satisfied from my estate and that each of the said Executors who may see cause to act be entitled to the sum of Twenty Five dollars.

In witness whereof I have hereunto set my hand and seal this Sixth day of April 1826. Stephen Cantrell (Seal)

Signed and sealed in the presence of

Shadrack Nye
David T. Nye

Sarah T. Nye

(Page 59)

Codicil

In addition to this my Will and Testament. It is moreover my Will that $1000 which I have heretofore loaned to William Edwards shall be free of any interest or use for the term of four years from the day of the date of his obligation and then to be paid to my estate: I likewise bequeath to my wife Mary Cantrell in addition what has heretofore been allowed her a certain Negro boy namely Ned a son of Esaws also big John a brother of said Esaw during her natural life or marriage and at her decease to revert to my other Legatees. It is my request that the Negroes left to my wife when hired out shall not be hired out of the State. It is further my Will that the tract of land situated in the forks of Station Camp which I have above allowed to William Edwards to remain till he was fully satisfied for the improvements he made thereon, that the said land be surrendered up to my Executors on the first day of January 1828, provided my daughter Sarah Willis should not make choice of the said tract of land for her share, but should she prefer the land heretofore deeded her, then the said tract in the forks of Station Camp as aforesaid shall be sold for the benefit of my Legatees aforesaid and as there are several erasures and interlineations additions etc. I have this day made a careful examination of every part thereof and do hereby ratify and confirm the same and every part thereof. In Testimony whereof I have heretofore set my hand and seal. This Eleventh day of November in the year of our Lord One Thousand Eight Hundred and Twenty six. Stephen Cantrell (Seal)

Signed sealed  & acknowledged in presence of

Shadrack Nye
Stancil Wood
Minerva Willis
Edmund Smith

State of Tennessee Sumner County Court February Term 1827. - The within paper writing purporting to be the last Will and Testament of Stephen Cantrell dec'd and Codicils thereunto annexed was exhibited in open Court for probate and was duly proven agreeable to Law to be the last Will and Testament of the said Cantrell by the oath of Shadrack Nye and Edmund Smith two of the subscribing witnesses thereto and ordered to be recorded and thereupon William Cantrell, Zebulon P. Cantrell, William Edwards and Stephen Cantrell Jr,  the Executors named in said last Will and Testament appeared in Court and agreed to take upon themselves the burthen of the execution thereof and together with James Douglass, A. W. Reese and Sion Hunt their securities entered into and acknowledged their bond to the Governor in the sum of Twenty Thousand Dollars conditioned as the law directs, and took the oath of Executors prescribed by law.

A Copy Test - A. H. Douglass, Clerk of said Court


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