TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
County Court Clerk's Office
Will Book - Vol. II
May 1823 - June 1842
The last Will and Testament of me Dr. Thomas Essex of Sumner County and State of Tennessee.
I give and bequeath to my wife Mildred M. Essex Three Hundred and Forty Eight dollars with the legal interest thereon from February 1827 - which said sum I paid to her immediately after our marriage to sundry persons as the vouchers will show. Also I give her negroes Polly, Maria, Sealy, Joe, George, Sarry, Will and Lythe. I also give her two horses Josephus and Rock, my steers and cast with all the cattle, hogs, and sheep (save and except three hogs) which I shall here after dispose of, all the farming utensils, likewise all the furniture save and except the bed with the blue stripped tick pillows, bolster, one pair of blankets, one quilt, one cover lid, one counter pane, all of which shall be of 1st quality which I shall hereafter give and bequeath to my son Jas. C. Essex, also save and except six teaspoons marked E, which I give to daughter Eleanor also a silver cream jug to my son Thos. W. Essex and two salt spoons also to my daughter Sarah a silver ladle with whole bone handle, also to my daughter Elizabeth a pair of silver sugar tongs. I give unto my wife all the meat, corn & etc., that is or may be on hand, the groceries, also I give to my wife fifty dollars in money if on hand, if not then as soon as it can be obtained my said wife Mildred is to have the full possession of my house and land whereon we now reside until the year is expired that she can get possession of the farm of one hundred and thirty acres on the East Fort of Bledsoe Creek which she is to have as long as she lives.
It is my will that all my children shall have an equal share of my estate in order that it may be accomplished with any murmuring, I have pursued the following plans. In December 1829 I loaned to my son Thos. W. Essex seven hundred and fifty dollars in good cash notes which were honorable paid to help him pay for his wool factory which said sum and interest I now give and bequeath to him - I now hold his note for the sum of two hundred and eighty five dollars for a negro boy I sold to him named Pettis, after all my other children shall have received seven hundred and fifty dollars each at the close and division of the rest of my estate it shall be equally divided.
1st. Taking into consideration the
amount of son's Thomas W. note for Pettis with interest which is to be deducted out of his share and if any balance to be paid to him. I also give to my son Thomas W. one half of my clothes and all of my books, instruments & etc., the other half of my clothes I give to my grandson John T. Bell also my watch and gold chain.
I have given unto my daughter Ann Houghan a negro boy named Emanuel which is worth four hundred dollars. I have also given my daughter Elizabeth Bell a negro woman called Lybia with all her increase which are worth six hundred and fifty dollars also three fat hogs as before named I now bequeath her one hundred dollars which will make her seven hundred and fifty. The house and lot whereon she now resides in the old field at Cairo I intended for her to occupy, with the negroes as above stated during her life and then the house, lot and negroes to be equally divided between her son John T., Lucy Ann and Mildred Bell, her two daughters. It is my will that no person or persons shall by law or otherwise disturb this property on any pretence whatsoever or in anywise prevent them of the use of said lot, money or negroes and everything else each I have bequeathed for their support.
I give unto my daughter Elenor Mitchell a negro woman named Polly and her two children worth five hundred and fifty dollars and I now give and bequeath unto her two hundred in money which will make her up seven hundred and fifty with the teaspoons as before mentioned.
Unto my daughter Sarah Schabell I have given a negro woman named Hannah and a negro girl named Clara the two worth five hundred and fifty dollars and I now give and bequeath unto her two hundred in money which makes her seven hundred and fifty.
I have given unto my son James C. Essex a negro boy named Alford with two hundred dollars and Moses a negro man worth five hundred also in money fifty dollars which makes his seven hundred and fifty dollars with the rest of my children, also the bed and furniture as above named.
The rest and residue of my estate, lands, lots, houses, and negroes with any and other property shall be divided among my children, share and share alike except Ann Houghan this part of my estate I have given to her son W. T. Essex at the same time taking into consideration the note due from my son Thos. W. as before mentioned.
In order to close this business those of my heirs that are disposed to take their share in the notes, their receipts shall acquit my Executors from all liability or responsibility whatsoever. I do hereby constitute and appoint Thos. Anderson, Esquire and William Montgomery, Esquire Executors to this my last Will, and to have every clause contained herein to be freely executed and carried into effect. In witness where of I have here unto put my hand and seal, this 5th July 1832. I give and bequeath unto grandson W. T. Essex, my negro boy Shelby also the rest and residue of my estate, he shall have the share which intended to give his mother - Erased and interlined before it was executed by me. Thos. Essex
Witnesses present who saw the Testator sign his name to this will and he saw us sign it as witnesses:
Henry B. Lauderdale
John G. Collins
State of Tennessee, Sumner County Court August Term 1833.
The last Will and Testament of Thomas Essex dec'd was exhibited in open Court for probate and proved agreeable to Law by the oath of Jacob Greenhalgh and Henry B. Lauderdale two of the subscribing witnesses thereto and ordered to be recorded, and the Executors therein named having appeared in open Court and renounced their executorships, here upon Thos. W. Essex and Thos. Anderson appeared in open Court to whom letters of Administration are granted by the Court, whereupon the said Thos. W. Essex and Thos. Anderson with John Malone and Wesley Malone their securities entered into and acknowledged their bond to the Governor in the sum of Fourteen Thousand Dollars conditioned as the Law directs and took the oath of Administrators prescribed by Law.
A Copy Test - A. H. Douglass, Clerk of County Court