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John Dalton, 1833

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

Transcribed by Linda Carpenter
©2002

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

(Page 159)

In the name of God Amen! I, John Dalton of the County of Sumner and State of Tennessee, being sick and weak of body but of sound and perfect memory do make ordain and establish this my last Will and Testament.

Item 1st: I wish all my just debts to be paid.

Item 2nd: I give and bequeath to my son John Dalton two hundred and ninety dollars in consideration of 5 years service and forty dollars he loaned me subject to a deduction of one hundred and sixty two dollars for the hire of negro man Isaac to be paid by my Executors out of the sale of each property as may be here after designated to be sold. I also bequeath to my son John Dalton the tract of land whereon he now lives (to be valued to him by disinterested persons)

(Page 160)

and should the tract of land at valuation exceed his equal divided of the estate exclusive of the one hundred and sixty two dollars he is to refund said excess to the other legatees to him and his heirs forever.

Item 3rd: I give and bequeath to my grandson Tyree, son of John Dalton, one negro boy named Moses to him and his heirs forever.

Item 4th: I give and bequeath to Matilda Cathy one negro man named Cylus to be counted to her at five hundred dollars.

Item 5th: It is my wish that my land except such as I have made special disposition of should be either sold or divided as my Executors may think advisable after considering the interest of the whole of my children.

Item 6th: It is my wish that my negro property should be equally divided amongst the whole of my children, and the whole of the balance of my personal property put to sale and an equal distribution made among my children counting to each one what he or she may have received, say to Winston Dalton one hundred and two pounds and fifteen shillings Virginia currency. To Matilda Cathy five hundred dollars, to Shelton Dalton one hundred and sixty dollars for the hire of negro man 4 years, to James Dalton twenty two pounds fourteen shillings Virginia currency. To carry into effect my desires and wishes as here in expressed I do hereby nominate and appoint my sons John Dalton and Booker Dalton my Executors to this my last Will and Testament, vested with all such powers as are by Law granted in such cases. Signed with my own hand this fourth day of January Eighteen Hundred and Thirty Two. John Dalton (Seal)

Signed in presence of:

G. Donoho

W. B. Lawson

State of Tennessee, Sumner County Court May Term 1833.

The last Will and Testament of John Dalton dec'd was exhibited in Court for probate and duly proved agreeable to Law by the oath of W. B. Lawson one of the subscribing witnesses thereto and ordered to be recorded and thereupon John Dalton and Booker Dalton the Executors therein named appeared in Court and together with M. D. L. Sharp and W. P. Lucus their securities entered into and acknowledged their bond to the Governor in the sum of Ten 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

State of Tennessee, Sumner County Court August Term 1833.

Golman Donoho one of the subscribing witnesses to the last Will and Testament of John Dalton dec'd appeared in open Court and proved the said will agreeable to Law the same having been proved by W. B. Lawson the other subscribing witness thereto at a previous term of this Court.

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

  


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