Joseph McBride's Will

Joseph McBride's Will

Marshall County Tennessee

Will Book A, pages 249 - 252

I Joseph McBride a citizen of Marshall County and the State of Tennessee being of sound mind and memory for which I feel thankful to my God, and being also in the enjoyment of my usual health but at the same time knowing the uncertainty of life and having a small portion of property which I am desirous to make such disposition of as to me at this time seems proper and right do in view of make and publish this as my last Will and Testament hereby revoking and making void all other wills by me at any time made.

First. I will that my funeral expenses and all my just debts be paid as soon after my decease as possible out of the moneys that I may die possessed of or out of the means that may first come into the hands of my Executor.

Second: To my niece Margaret Simmons I give and bequeath the following described Lot or parcel of the Lands I now own and live upon to wit, Beginning at a Beech in James Reed's East boundary line being the North West corner of Grant No. 1326 granted to me by the State of Tennessee for one hundred acres, running thence East one hundred and fifty poles to a stake in the edge of the old field now owned by David McGahey, thence South Eighty poles to a point, thence West one hundred and fifty two poles to Stephen Mill's line thence North nineteen poles to his corner, a Beech, thence West Eighteen poles to a Dogwood, thence North sixty [?five?] poles to the Beginning. Containing Seventy four acres and fifty six poles and embracing therein my residence and the principle part of my improvements to be hers and hers forever.

Third: I give and bequeath to my sister Elizabeth McGahey that portion of my land which lies immediately East of the forgoing and bounded as follows. Beginning at the Southeast corner thereof, running thence East to David and James McGahey's line thence North with their line to my Northeast corner, two Sugar trees in their field. Thence with them on to the Southeast corner of the forgoing Lot devised to Margaret Simmons, thence with the East boundary thereof to the beginning. Containing, by estimation, nine acres to be hers and hers forever.

Fourth. I give and bequeath to my relatives David and James McGahey all my land which they now have in their improvements, to be bounded on the North thereof by a line running East and West so as to just include their fence continuing Westwardly to my spring branch and cornering therein near their mill pond. Containing by estimation ten acres to be theirs and their heirs forever.

Fifth. I give and bequeath to my brother George W. McBride that portion of my lands which lies North and West of the Lot devised above to David and James McGahey and South of the forgoing lots devised to Margaret Simmons and Elizabeth McGahey, the precise number of acres not known but estimated at about seventy four, to be his and his heirs forever.

Sixth. I give and bequeath to my sister Sally Leonard my tract of fifty eight acres Granted to me by the State of Tennessee on the 16^th November 1826 the same including a part of my improvements and bounded on the South by the Lot hereby devised to Margaret Simmons, on the West by the lands of James Reed, on the North by a tract of school land and on the East by the lands of David McGahey, to be hers and her heirs forever.

Seventh. I give and bequeath to my sister Margaret Biggers, wife of Alexander Biggers, my Negro man George and my waggon.

Eight. I give and bequeath to my niece, Margaret Simmons, all of the household and kitchen furniture which may belong to me at my decease; I also give her as many sheep, as many stands of bees, and as many of my cattle as she may conceive will suit her convenience or necessities. I also give her all my farming utensils and and the filly now known as the Chesterfield filly. Also as many hogs or bacon if the same is on hand as will be sufficient to supply her reasonably of which I allow her to choose. I likewise give her our farm horse and a sufficiency of Grain and provisions to supply her reasonable wants until the first succeeding crop is mature and fit for use.

Ninth. Should I have any personal property at the time of my dissolution not heretofore disposed of in this will I desire the same to be equally divided between George W. McBride, William Leonard, Alexander Biggers and Joseph McGahey in such a way as they may think best either by sale or otherwise. Share and share alike.

Lastly I nominate my Friend David McGahey Executor of this my last will and testament.

In Witness whereof I have hereunder subscribed my name and affixed my seal this 20^th day of August 1845.

Joseph McBride

STATE OF TENNESSEE)

MARSHALL COUNTY ) County Court September Term 1850

Personally appeared in open Court Solomon Meadows, W. N. Cowden, Wm. B. Cook, Richard McRee & John McClelland and after being first sworn here in open Court upon their Oaths, do say that they were well acquainted with Joseph McBride the within named testator and well acquainted with his handwriting and We believe and do say that the Within Writing purporting to be the last will and testament of the said Joseph McBride is in his own handwriting and that the Signature thereto purporting to be his is in his own handwriting and that he has departed this life.

Witness my hand at office this 5^th of September 1850.

John Elliott Clerk

By T. McKnight, D. C.