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Samuel Austin, 1861

TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904

Transcribed by Jan J. Barnes
©2002

County Court Clerk's Office
Will Book - Vol. III
Aug. 1842 - Aug 1870

Page 384

I Samuel Austin being in good health and sound mind in view of the uncertainty of life, do this the 22nd day of October in the year of our Lord 1861, make this my last will and testament.  First of all my burial expenses I wish to be paid out of any moneys on hand or which may first be collected by my executor.  2ndly that all my just debts be paid.  3rdly  I bequeath to my dear wife Mary Angeline all of my then remaining property both real and personal during her widowhood, though in case she should marry I wish her to have a choice negro if such belong to my estate, that is the negro that she may choose to take, and at her death, the negro chosen by her (in case she marry) to go to my children with its increase if any, provided she does not marry I wish her to have the entire right to and control of all my property to give off to the children as she may think proper that is to say to loan it during her natural life, at her death I wish all of my property to be divided equally between all of my children, my desire is that my sons have all of the lands if there is sufficient property to make my daughters equal in value with the boys, in case there is not enough, a part of the land I wish to be sold for cash so that all may be made equal.  I furthermore wish my children to divide the negroes among themselves and not sell them so that they may be left in the family.  I appoint and nominate Isaac M. Short Executor to this my last will.  In testimony whereof I hereunto set my hand and seal the day and date first above written.
In the presence of                                                                 Samuel Austin (Seal)
subscribing witnesses
James W. White                            U.S. Inter Rev.
Drury Short                                    $1.50
Robert Granger
State of Tennessee
Sumner County Court, Sept. Term, 1865
The last will and testament of Samuel Austin deceased was this day produced in open Court for probate and was duly proved by the oaths of James W. White and Drury Short subscribing witnesses thereto and ordered to be recorded.  And the Executor named in said will Isaac M. Short appeared in Open Court and accepted the execution of the same and together with his securities Mary A. Austin and Drury Short, entered into and acknowledged his bond to the

Page 385

state of Tennessee in the penalty of Fifteen Hundred dollars conditioned as the law directs and was duly qualified.
Test John L. Bugg Clerk
by J. A. Trousdale D. C. 

*Samuel Austin married Mary Angeline Pitt 1 Dec 1845 in Sumner Co, TN  (Sumner County Marriage Index)  Mary is buried in the Crafton Cemetery in Portland ( 14 Jan 1828 - 15 Oct 1887) with her daughter, Sallie B. Crafton (married Thomas Jefferson Crafton in Sumner Co, TN on 6 Sep 1876).  Sallie's tombstone lists her birth as 1 Dec 1857, death as 19 Jan 1893.  Thomas J. Crafton was born 10 Dec 1847, died 6 Aug 1912. 


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