Absolom Whitsett's Will

 

Absolom Whitsett's Will

Marshall County Tennessee

Will Book B, pages 338 - 340

 

     I, Absolom Whitsett of the County of Marshall in the State of Tennessee, being of sound mind and memory but in the enjoyment of bad health and at the same time knowing the uncertainty of life and the certainty of death, do as in view of these things make and publish this as my last will and testament hereby making void all former wills by me at any time made.

 

     In the First place I will and devise and hereby direct that my body be decently interred and my funeral expenses and all my just debts be paid out of my money I may die possessed of, or which may first come into the hands of my executors.

 

     Secondly, I give and bequeath unto my beloved wife Polly all my household and kitchen furniture also two cows, two horses, at least as maany hogs as shall be sufficient to make provisions for her and family until the next ensuing year, and stock hogs a number that may enable her to have for purpose of continuing a stock of hogs for stock purposes.  Also my stock of Oats with as much wheat and corn as shall be considered sufficient to supply wants such as fattening Pork, feeding stock and breadstuffs until she can have the same in the next ensuing year.  I also give her my farming utensils.

 

     Thirdly, I direct and desire that my lands of which I may die possessed be not divided but that it remain in the situation I leave for a home for my Wife and Children until my children become of lawful age or until they (my children) shall change their condition so as to make it advisable to distribute the same at which time I direct that my lands shall be sold and the proceeds thereof equally divided between my Wife Polly and my children or to those of them that may then be living.

 

     Fourthly, I direct that my children be educated out of the proceeds arising from the rents of my lands aforesaid if there is a surplus.  If not then their education must be paid for out of the funds arising from the sale of my property not herein devised and such moneys and means that I may die possessed and which may constitute a portion of my estate___Just here I specially enjoin my Wife Polly to see that our children's education be attended to during her or their lives until they are otherwise settled in life.

 

     Fifthly.  The moneys and other means I may die possessed of, I desire and so devise shall be equally divided between my wife Polly and our children.

 

     Sixthly.  I direct that the provisions intended for my wife described in the second item of this will be set apart to her by some three or judicious and experienced men not connected with us in any way to be chosen by my executors for that purpose whose report shall be recorded for my executors benefit or protection. 

 

     In the last place I hereby nominate and appoint my beloved and estimable uncle James Kidd executor to this my last will and testament made and published and I have hereunto subscribed my name and affixed my seal the 20th day of August A. D. 1854.

                                                                   Absolom Whitsett     {His Seal}

Made and published by the said Absolom Whitsett in our presence as his last will & testament and we have subscribed our names in his presence at his special insistance & request the 20th day of August 1854.

                                                     David McGahey

                                             Joseph W. Bigger

STATE OF TENNESSEE)

MARSHALL COUNTY   )  County Court September term 1854

Personally appeared in open court David McGahey & Joseph W. Bigger subscribing witnesses thereunto which after being sworn then in open court proved said will as the law directs.

    Given under my hand at office September 4th 1854

                                                         S. Tally,           Clerk 

 

 

Contributed by Dick Wood (dick_wood@hotmail.com)

 

 

 

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