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
Know all men by these presents: That, I, John Gardner of Sumner County and Tennessee State, being in a low state bodyly health, but in perfect mind and memory, thanks be to the Almighty God for his blessing bestowed on me, calling to mind the immortality of my body, and knowing that it is appointed for all men once to die. I make and ordain this instrument of writing my last Will and Testament, that is to say:
I give and bequeath unto my beloved wife Mourning Gardner, all the land and plantation whereon I now live including the mansion house and all other necessary houses thereon belonging: butted and bounded as followith viz: beginning at the creek, with a dividing fence nearly north , said fence, now dividing my farm and my sons farm, for her my said wife
to enjoy during her natural lifetime, the whole of said tract consisting of three hundred and forty one acres by estimation; after my wife's death, I give unto my son Cullen Gardner and Sally House and their heirs forever, to be divided in the following manner, that is to say: the said described tract shall be equally divided in quantity of acres, by a due North and South line between my two said children Cullen Gardner and Sally House, so as my said daughter Sally House shall have the East end of said tract, including the houses and whereon I now live, the remaining part my son Cullen is to have being the West end of said tract, including whereon he now lives each of them my said children and their heirs to enjoy forever. And further I give unto my wife Mourning Gardner, Sarah Aelsey and her children and increase and Peter J. Austin Cealy and her children with her increase for her my said wife to enjoy them forever with four horses & four cows & calves all to be chosen by her my said wife out of my stock if she sees cause so to do a wagon & thirty head of hogs, ten head of sheep & as many of the farming utensils as may be considered sufficient for the said hands to tend a crop on said farm and the balance of my property consisting of negroes stock of all kinds farming utensils and household and kitchen furniture is at my death to be divided equally between my son Cullen Gardner & Sally House & their lawful heirs, the said negroes is known by the following names: Sally, big Stephen, Eady & her children little Stephen, Henry, Peggy, Patsy and increase and her increase Hanner and her children and increase, Nancy and her increase Batumare? George, Alleck, and Pegg the old woman Sarah is to live with whoever she may choose that is to say Cullen Gardner or Sally House and further I here nominate & appoint my friend Elijah Boddie & Josiah Howell to be my Executors to this my last Will & Testament. In testimony whereof I have hereunto set my hand and seal this 15th day of January 1828. John (his mark) Gardner (Seal)
State of Tennessee, Sumner County Court February 1828.
The last Will and Testament of John Gardner dec'd was exhibited in Court for probate & was duly proved agreeable to law by the oaths of Reddick Bridges & Jessee Lassiter subscribing witnesses thereto & ordered to be recorded & thereupon Elijah Boddie & Josiah Howell the Executors named in said last will appeared in open Court & renounced whereupon William House & Cullen Gardner was appointed Administrators with the will annexed of the estate of said decedent & together with James Stratton, David W. Parrish, and King Parker their securities entered into & acknowledged their bond to the Govenor in the sum of Four Thousand dollars conditioned as the law directs & took the oath of Administrators prescribed by law.
A Copy Test - A. H. Douglass, Clerk