TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
Transcribed by Linda Carpenter
County Court Clerk's Office
Will Book - Vol. II
May 1823 - June 1842
In the Name of God Amen - I John McMurtry, being in reasonable health at this time, yet of sound mind and memory, doth take this opportunity to make this my last Will in manner following.
First I resign my soul to God who give it, and my body to the earth from whence it came, to be buried at the discretion herein after named.
I leave to my wife Peggy McMurtry, the plantation on which I live at the time with all that I own for her support during her lifetime, but should she marry again she is to have only my mare called Fly and saddles and bed and go off the plantation with her husband. She is not to give away any of the property to one child more than another of the children, they must all share alike.
I leave my sister Jane Hammond, the house and lot, where John Garrett Jr now lives with wood for her fire and water from my spring for her use, if she will live on it but if she will not live it returns to the plantation again, when my wife Peggy McMurtry dies or marries the children Henry, John, Asa, Thomas Wilkerson McMurtry, Jennie Garrett, Polly Forrester can divide the land if they can agree about it, if they cannot agree it must be sold with the rest of the property and the money equally divided with the children, if my wife Peggy McMurtry should leave and property at her death it must be sold and the money equally divided amongst the children. Should my wife Peggy McMurtry think she has more property when I die than she wants to keep she can sell it and live on the money. Should my wife, Peggy McMurtry, think proper to give up her claim on the place and property to her children so as they could have their share at my death she may do it, they giving her bond and security for so much money yearly or to support her during life.
The names of my Executors are Asa McMurtry, Thomas Wilkerson McMurtry, and Samuel Kirkpatrick. John McMurtry (Seal)
Signed, sealed, and delivered in presence of
Sept 6th 1831
State of Tennessee Sumner County Court April Term 1841 - The last Will and Testament of John McMurtry dec'd was produced in open court for probate, and was duly proved by the oaths of Hugh Kirkpatrick, Benjamin Taylor, and William Lowry subscribing witnesses thereto which is ordered to be recorded.
Copy Test - Andrew McGlothlin, Clerk Sumner County Court