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Augustus Gunter b. about 1765

Augustus' brother John (half brother?) married Katherine Ghe-No-He-Li Bushyhead, daughter of Chief Bushyhead of the Paint tribe of the Cherokees. Two of his sons later became spokesmen for the Cherokee nation. They and much of the Gunter family left Alabama with the Cherokees on the 'Trail of Tears.' Presumably Augustus remained in Alabama because he was not an indian. His brother John Guunter's will is attached to his file.

Last Will and Testament of John Gunter Senr.

"I John Gunter Sen. of the Cherokee Nation and residing in the said nation do make and ordain this my Last Will and Testament

1 I Design that all my just Debts shall be paid as soon as conveinant after my Decease

2 It is my will that my son Samuel Gunter have my Mill and Plantation situated & being on and near Brawns Creek being the same which I purchased of James Thompson and also that he have one Negro Woman named Peggy now in his possession I also give to my son Samuel Gunter all the Debts which he may be owing me at the time of my Decease

3 It is my will that my Daughter Martha Henry have the five following Negroes Viz Peter Winney Sucky and her children Viney and Lucy and all the Increase of the said negroes

4 Should my Daughter Martha Die without children it is my wish the said negroes above mentioned be considered as part of my estate and be divided as follows viz on to each of my children Samual Edmond Elizabeth and Catharine and one to my grand daughter Nancy Gunter a daughter of Edmond Gunter

5 Should the above Negroes have any more increase after this time then it is my will that my Grandson George Gunter a son of Samuel Gunter have one and any other increase which they may have to be divided between my Daughters Elizabeth & Catharine

6 It is my will that my Daughter Elizabeth Gunter have the six following Negroes viz Olivar Neor Isaac Judah Amy and old Lucy and all their increase

7 It is my will that my Daughter Catharine Gunter have the following negroes viz Bill Andrew Calvin Polly and Peggy and all their increase

8 It is my will that my son John Gunter Junior have the six following Negroes viz Tom Bobb Mary Augustis Daniel and China and all their increases

9 It is my will that all warrants which I may have on the Cherokee nation at the time of my Decease shall belong to my son John Gunter Junr

10 As I have sold my crop of cotton of the year 1832 to my son John Gunter Junr for five hundred dollars it is my will that if I should die before he can return from his contemplated voyage to New Orleans then the said John shall not be called upon to make payment for the said cotton provided that he shall on his return supply the family at my present home with three hundred pounds of Coffee and three Barrels of Sugar but if I should live till he can return then this tenth Article to be void and of no effect

11 It is my will that my reservation of a tract of Land lying in Jackson County Alabama and known by the name of Gunters Old place about eight miles from Gunters Landing shall belong to John Gunter Junr

12 It is my will that my Granddaguther Lucy McCoy whom I have raised have the four following Negroes viz Aaron Jacob Cloe and Mary and all their increase

13 It is my will that my wife Catharine Gunter have the seven following Negroes viz Will Sophy Jack Abram Bolivar Rachel and Bonipart and all their increase

14 It is my will that on the Decease of my wife Catharine Gunter five of the last mentioned negroes viz Will Sophy Jack Abram & Bolivar with all their increase shall belong to and become the property of my youngest Daughter Catharine Gunter.

15 It is my will that on the Decease of my wife Catharine Gunter two of the Negores mentioned article Thirteenth viz Rachel & Conaparte with all their increase shall belong to and become the property of my son Edmond Gunter

16 It is my will that my wife Catharine Gunter have the use of all my house hold and Kitchen funeture during his [sic] life and at his decease that it be devided equally between my three daughters Martha Elizabeth and Catharine and my grand daughter Lucy Micoy provided however that if either of my Daughters
or my Grand Daughter should marry before the Decease of my wife then my wife is requested to give to such an one her part of the furniture

17 It is my will tha tmy Stock of Cattle and Hogs be equally Divided between my wife Catharine and my daughters Martha Elizabeth Catharine and my Grand daughter Lucy Micoy

18 It is my will that my wife Catharine Gunter have my hose and plantation where I now live with all its appertainances including the plantation on the Island at his own disposal during his life Provided that she shall not rent sell or in any way put it out of his own cultavation so long as the land belongs to the Cherokee Nation

19 It is my will that at the Decease of my wife Catharing the House and plantation of land mentioned in the last article shall be by the Executors of this my last will and Testament offered for sale to the leggatee alone who are mentioned in this will and no one else shall have a right to become a purchaser and the property shall be sold and become the rightful possessions of the individual among my Legatees who will give the highest price for it and at the same time enter into such penal Bond as the Executors shall deem prudent that he or she that said purchaser will not dispose of the said house and plantation of land to any one except on the my Lineal descendents

20 And it is furthermore my will that no person except on of my own decendents shall ever become the owner of the property mentioned in 18th article I do therefore ordaine that if any of my heirs shall dispose of it to such an individual the title to said individual shall be and it is hereby declared to be null and void and the property shall in such case return to and be vested in my Legatees to be disposed of as directed in
Article 19

21 It is my will that my wife Catharine Gunter have six hundred dolloars in ready money My Daughter Martha Henry two hundred and fifty dollars My Daughter Elizabeth Gunter two hundred and fifty dollars My Daughter Catharine Gunter two hundred and fifty Dollars my Grand Daughter Lucy Micoy two hundred and fifty dollars all which sums are to be paid in ready money by my Executors as soon as they shall enter upon the duties of the their office

22 It is my will that all my ready money after the above sums shall have been paid shall be equally divided between my sons Samuel and Edmond

23 Althought I have left several Legacies to my daughter Martha Henry yet it is my will that none of them shall be paid to her so long as she shall remain the wife of Hugh Henry But it is my will that all Legacies which I have designated for the said Martha shall be placed in the hands of Samuel and Edmond Gunter in trust for the use and Benefit of the said Martha and they shall be required to give Bond for good mannagement of said Legacies and the faithful application of all the proceeds to the Benefit of the said Martha. And if the said Martha shall die without Issue then all the Legacies which I have designated for hir [sic] shall be regarded as part of my estate and shall all except the Negroes mentioned in article 3, 4 & 5 be equally Divided between my Daughters Elizabeth & Catharine.

24 It is my will that if in any way my Daughter Martha shall during her life cease to be the wife of Hugh Henry or should have issue then all Legacies which I have Designated for hir shall pass in to her hands and be at hir own disposial

25 And for the purpose of Carring into execution this my last will and Testament I name as my Executors John Ross, Goerge Lowery Senr. The Spirit Boat and Bark as citizens of the Cherokee Nation

"In witness where of I Have hereunto set my name making my mark and affixed my seal the Sixth day of March in the year of our Lord one thousand eight hundred and thirty three
his
John X Gunter Senr.
mark

Signed sealed publised and declared by the said Testator as and for his last will and Testament in our presents who at this request in his presents have subscribed our names a witnesses thereto

Wm. Patton William Turner [Lachlan Beavert]
seal seal seal

State of Alabam Jackson County

"I Moses Jones, Cleark of the County court of said County do hereby certify that the fore going six pages contains a full and perfect transcript of the Last Will & Testament of John Gunter Sen. as filed in my office

"In testimony where of I Here unto subscribed my name and affixed my privated seal having no seal of office at office in Bellefont the 4th day of October A D 1835 and of American Independence the 61st year"

It is very clear that John considered himself totally a Cherokee. He died shortly before the 'Trail of Tears'. His children all left with the Cherokees for Oklahoma. Will Rogers' decent from him is well documented.

Two of his sons became officials in the Cherokee Nation, and carried on negotiations on behalf of the Cherokee Nation with the Federal Government.



source: Benton Co, AR history