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
In the name of God Amen. I William Key Sr. of Sumner County and State of Tennessee being of perfect mind and memory but very infirm of body do here by make my last Will and Testament in manner and form following that is to say:
1st: I desire that all my just debts be paid by selling my present crop of tobacco or as much as shall be necessary for that purpose.
2nd: I give and bequeath unto my beloved wife Elizabeth Key the tract of land where on I now live including the dwelling house, and all the appurtenances there unto belonging (which said tract I purchased from William Durham and for the quantity see the deed there of) together with the low grounds lying on Rogue's Fork of Bledsoe's Creek above the Blacksmiths shop and adjoining the lands of James Tinnin and also two negroes namely: Sam and Fanny and two mares called Old Sorrel and Hull the yoke of oxen and carts and all my other stock of cattle, hogs, sheep, etc., except what I shall here after name and dispose of differently, also all my household and kitchen furniture, except one bed and its furniture and all other of my effects not in other parts of my will disposed I give unto my wife Elizabeth Key during her natural life or widowhood and no longer.
3rdly: It is my will that my son William Key Jr. continue to live in the house with his mother and aid and assist her in any manner that she may want help during her natural life or widowhood, if they can agree, but if not he is to be at liberty to build himself a house somewhere else on the said lands and still to carry on the business of her farm. And he is to have by way of compensation for his services all that he can make over and above a decent support for his mother and her family.
4thly: It is my will and desire that immediately after the death of my wife Elizabeth or her marriage with any other man that my son William Key Jr., take possession of the lands and the negro man Sam that I bequeath to my wife Elizabeth during her natural life or widowhood, and the said lands and negro Sam shall then belong to my son William Key Jr. and his heirs forever and the residue of the estate she may have in possession to be sold and the legatees to purchase Fanny and her increase (if any) and the net proceeds of that sale to be so divided among all my children as to make each ones portion as near equal as that sum so divided can do it (except the heirs of Sally Duncan deceased.)
5thly: It is my desire that my daughter Harriett Key continue to live with her mother and to be supported by her mother during Harriett's state of single life, and my daughter Harriett is to have the second choice of the two last spring colts, the one a black horse colt the other a sorrel mare colt, and saddle to be worth twenty dollars and a bed and its furniture which is not to be considered any part of her portion of my estate and so soon after my death
as the Executors (here after to be named) can hire out young Jenny a negro girl yearly for four years the Executors are to deliver said negro girl to my daughter Harriett the said negro girl is then to belong to my daughter Harriett and her heirs forever.
6thly: It is my desire that all the tract of land I purchased of Seth Maberry lying north of the tract I now live on reserving the part I bequeathed to my wife Elizabeth and son William at her my wife's death or marriage to be equally divided the chand land of the woodland according to quantity and quality (for quantity see the deed) and I give and bequeath unto my son James Key that half of the said land where on he now lives including his dwelling house to him and his heirs forever. And the other half of said tract of land I give and bequeath to the heirs of my son Thomas Key forever reserving to my said son Thomas Key and his wife Martha the right to live on said land & to cultivate it and to have all the benefits and envoluments arising there from during his and his wife's natural lives, but my son Thomas Key, is to have no right to sell or dispose of the said land in any way whatever, thereby to dispossess his own children of the same.
7th: It is my desire that all that tract of land I purchased from Edward Gwinn, lying on both sides of the Rogues Fork of Bledsoe's Creek, except what I sold to Moses Gaines and a small reservation made to my brother Bingham Key and his wife Susan during their natural lives and no longer, be equally divided between my two son's Ruffin Key and Alfred C. Key, the eastern half of said land. I give and bequeath unto my son Ruffin Key and his heirs forever, the western half of said land, I give and bequeath unto my son Alfred C. Key and his heirs forever, and at the death of my brother Bingham Key and his wife Susan it is my desire, that the reservation they now live on, be equally divided between my said sons Ruffin and Alfred C. Key, and to belong to them and their heirs forever, (for quantity see deeds.) It is also my desire that in division of the land if the parties can not agree, that division be made by two disinterested persons, to be appointed by the Executors.
8thly: It is my desire that one acre of land be laid out near mouth of Rogue's Fork including the Blacksmith shop dwelling house and spring, which said lot together with my blacksmith tools, shall be for the use of my son Thomas Key, during his mother's life or widowhood, provided he will do all the blacksmith's work of his mother and brother William Key, that is necessary to be done on their plantation free of charge, and said William Key is to furnish his brother Thomas Key with one hundred bushels of coal yearly and at the death or marriage of my wife Elizabeth Key I give and bequeath unto my grandson Elisha Key son of Thomas Key the said lot of land before described with all the blacksmith's tools to him and his heirs forever and my son Thomas Key is to have the
tools until his son Elisha becomes of age. But if my son Thomas Key refuses and will not do the work of his mother and brother William before named, the Executors shall forth with take possession of the said lot and tools and sell the same to the best advantage and divide the money arising there from among all my children so as to equalize their portions as near as that sum will do it.
9thly: I give and bequeath unto my daughter Jincy Henry a negro man named Gim to her and her heirs forever.
10thly: It is my desire that six hundred dollars be raised in the following manner to wit, that one blind gray horse and my half of the wagon that my son James Key now owns be sold and young Ginny a negro girl be hired out four years as before named and Daniel a negro man to be hired out as many years as will be necessary to raise the sum of six hundred dollars giving the said Daniel five dollars each year out of his hire for his own use and also he is to have the choice of whom he will serve.
11thly: It is my desire that my son Patterson W. Key have one hundred and fifty dollars out of the first money that can be raised (he having had fifty dollars already) that will make him up two hundred dollars the sum I intend for him.
12thly: It is my desire that my daughter Nancy Davis receive two hundred dollars after my son Patterson W. Key has drawn his one hundred and fifty dollars as follows that is to say, in small sums at a time as the Executors may think she stands in need of it, for the benefit of her and her children only. It is also my desire that my daughter Nancy Davis have a horse so soon as her mother can conveniently raise it and a saddle worth fifteen dollars.
13th: It is my desire that the natural heirs of my daughter Sally Duncan, have two hundred dollars and no more, equally divided among them and each one to draw its proportional share of the two hundred dollars as it becomes of age and furthermore no legatee is to draw interest on their share.
14th: It is my desire that my son Patterson W. Key have twenty four dollars to be applied to the use of schooling his own son James E. Key at any time when the Executors can conveniently pay the same out of any moneys arising from my estate.
15th: It is my desire that so soon as the six hundred dollars before named shall have been raised as before directed and in the hands of the Executors except such sums as they may have distributed as I have before directed the Executors shall call a general meeting of all the legatees that are then alive and they shall have a general settlement among themselves and the Executors shall have each legatees portion valued that have drawn other things than money to see how near all their portions are equal as it is my desire that they may all have an equal portion of my estate sooner or later except the heirs of Sally Duncan deceased and they are only to have the sum before allowed them. Then the Executors are to sell Daniel the negro man before named and some one of the legatees shall buy him others having no right to bid, & the price of Daniel to be divided among the legatees in such a
manner as to make each legatees portion as near equal as that sum can make them, but if there still appears to be an unequality in any of their portions and my wife Elizabeth yet living and unmarried all the increase of young Jinny (if any) before the general settlement shall be considered as the common property of my estate and shall then be sold by the Executors and purchased by some of the legatees and the proceeds of said sale to be divided as the money raised by the sale of Daniel was.
16th: It is my desire that the old negro woman Ginny shall live with which ever of the legatees she pleases and when she becomes old those she has lived with are to support her until she dies.
17th: It is my desire that my son William Key Jr. have the first choice of the two last spring colts before named and that my old gray horse Wallace remain on the plantation for the use of my wife and son William until the colts become fit for service and then he is to be sold and the money applied as the Executors may think for the benefit of the legatees and all moneys owing to me now due or to become due hereafter are to be collected by the Executors and applied in such manner as they shall think best calculated to equalize the portions of the difference legatees except the heirs of Sally Duncan dec'd.
18th: It is my desire that after all sales are made and all moneys collected and distributed by the Executors as before directed if there be still an in quality in any of the portions of any of the legatees those having to much are hereby required to refund or pay over to the Executors such sum or sums as shall when distributed among the legatees shall make each and every ones portion (equal except the heirs of Sally Duncan dec'd)! And lastly, I do hereby constitute and appoint my beloved sons and son-in law, Ruffin Key, Patterson W. Key, James Key and Moses H. Henry Executors of this my last Will and Testament hereby revoking all other wills or Testaments by me heretofore made. In testimony where of I have hereunto set my hand and affixed my seal, this twenty fourth day of December, in the year of Our Lord One Thousand Eight Hundred and thirty three. Wm. Key (Seal)
Signed, sealed published and declared as, and for the last Will and Testament of the above named William Key in the presence of us:
Wm. M. Carter