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Richard R. Blythe, 1828

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 93) 

In the name of God Amen: I, Richard Blythe of Sumner County and State of Tennessee, being in a low state of health but of sound mind and disposing memory do make and publish this my last Will and Testament in manner and form following viz:

I leave with my Executors discretionary power to sell so much and such apart of my personal property (negroes excepted) as they may deem necessary and proper out of the proceeds of which. I allow my just debts to be paid. I wish however and allow so much of the stock, farming tools, household and kitchen furniture to be removed on the farm as my Executors may deem proper for the support and maintenance of my four sons, Ebenezer, Richard A., William, and Samuel who are now residing there and also for the support of my negroes which I allow to be kept at work on the farm provided my Executors should be of opinion, my four sons before mentioned can thus be gentuly raised, supported and educated according to their rank. Should however my Executors be of opinion after a fair experiment, that my sons aforesaid cannot in this manner be gentuly raised, educated and supported as aforesaid then and in that case, I wish and allow my Executors at their discretion to procure other gentul and suitable homes for each of my four sons before mentioned, and to sell the balance of the stock, tools, furniture that may have been removed for their maintenance under a former clause of this will, and if upon mature deliberation my Executors should be of opinion that it will be to the interest of my children to sell the plantation on which I now live, I allow and hereby give them full power and authority to sell all the land where I live, upon such terms, as they may think will best comport with the interest of my children. Should my land be sold, I allow my negroes to be hired out from time to time until my children come of age or a division become necessary unless my Executors should be of opinion that it would be better to sell said negroes, should this be the case, I hereby give them full power and authority at their discretion to sell them, due regard being paid to humanity, and their own wishes. All the money arising from the sale of my property, I wish to be put out at interest and only expended at the necessities of my children may demand, until a division becomes necessary, and then I wish the division to be made in such a way that all my children shall be made as nearly equal in point of property as possible. My wish and meaning is, that when a division of my property is about to be made, should any of my children have property of any kind that they obtained by gift on

(Page 94)

inheritance from their grandmother Elizabeth Blythe that the value of such property be taken into consideration and that such child or children so claiming shall only be entitled to and receive so much of my estate in addition to what they may have received from their grandmother aforesaid at shall make their whole share equal to a share of each of my other children and that in this may all and each of my children viz: James, Ebenezer, Richard A., William A., Samuel C., Elizabeth K., Andrew T., and David M. Blythe, be made as nearly equal as possible, share and share alike in all my property, and the property of their grandmother aforesaid.

I hereby nominate and appoint my brothers, Andrew Blythe and Samuel K. Blythe, my Father-in-law, William C. Anderson, and my friends Richard King and Thomas Anderson Executors, to this my last Will and Testament.  In witness whereof I hereunto set my hand and seal. This 5th day of July 1828. Richard Blythe (Seal)

Signed, sealed, and acknowledged in presence of us:

Thos. Anderson

S. K. Blythe

Richard King

State of Tennessee, Sumner County Court August Term 1828.

The last Will and Testament of Richard R. Blythe dec'd was exhibited in court for probate and duly proved agreeable to law, by the oath of Thomas Anderson, and Samuel K. Blythe, two of the subscribing witnesses thereto and ordered to be recorded; and thereupon Andrew Blythe, Samuel K. Blythe, Richard King, and Thomas Anderson, Executors therein named, appeared in open Court and together with Joseph Robb their security entered into and acknowledged their bond to the Governor in the sum of Eight Thousand Dollars, conditioned as the law directs, and took the oath of Executors prescribed by law.

A Copy Test - A. H. Douglass, Clerk

 


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