Comments About the JOHN ENDSLEY WILL

 

 

Marshall County Tennessee Will Book A, pages 354-357

 

John Endsley [Born Rowan County, North Carolina 13 Aug 1769, died in Bedford County, Tennessee on  21 September 1828] made his will in Bedford County 13 Feb 1826.

 

John Endsley and his family lived near the headwaters of the East Fork of Rock Creek in Liberty Valley.  When Marshall County was established in 1836 largely with land formerly part of Bedford County the Endsley land and home place were within the newly established Marshall County.

 

Although John Endsley died 21 Sep 1828 in then Bedford County, his wife, Mary, who he named executrix of his will lived on until 13 Oct 1854.  She died in Marshall County, TN.

 

Several provisions of the will  could only be carried out by the Executrix as various children either reached age 21 or married.  The last provision, that wife, Mary's dower interesst be divided amongst their children after her death would have to have been attended to by Mary's own Executor or Administrator.  By the time Mary died 13 Oct 1854, the land where they lived was no longer in Bedord County; rather it was in Marshall County which had been establihed in 1836.  By law, Mary's Administrator or Executor would have had to qualify as Administrator or Executor in Marshall County and submit all records to the Marshall County Court.  This would have included records showing that the Administrator or Executor had completed carrying out Mary Endsley, dec'd's  duties as Executrix of John Endsley's 1828 will which had originally been written [and recorded??] in  Bedford County.  That appears to have been exactly the way events transpired.  There is ample evidence in Bedford and Lincoln County deed records that Mary had been carrying out her Executorial duties since 1829 in distributing John Endsley's land in accordance with the terms of his will.  A certification as to the validity of the copy of John Endsley's will was obtained from the Bedford County Court Clerk on 25 Oct 1854, twleve days after widow and Executrix, Mary Endsley's death.  There Thomas Cummings, one of the subscribing witnesses to the signing of the will attested to its authenticity.  In addition to being a subscribing witness, he was John Endsley's half brother.   The court clerk endorsed the will stating that he found it to be a true and perfect copy.  The will was then submitted to the Marshall County Court Clerk for probate on 06 Nov 1854.  Willis Burgess, husband of Cynthia Endsley and the first permanent Cumberland Presbyterian minister in Marshall County, was referred to as "Administrator of John Endsley's estate"  in the 1855 deed where the heirs sold the 299 acre tract where the home place was and where John and Mary Endsley had lived and died.

 

 

 

 

 

 

Donated to the TNGENWEB----Marshall County by Dick Wood (September 2004)  dick wood2000@hotmail.com

 

 

 

 

 

 

 

JOHN ENDSLEY WILL

 

In the name of God Amen.  I John Endsley of the State of Tennessee Bedford County being of disposable memory, blessed be to God, do this 13th day of February in the year of our Lord one thousand eight hundred and twenty six make and publish this my last will and testament in the following manner:

 

Viz.  Item 1st.  My will and desire is that my Just debts and funeral charges be first paid out of my estate.

 

Item 2nd.  I will and bequeath to my daughter Damaris Anderson my black Girl Ester of the value of four hundred dollars during her natural life and after her death to be equally distributed among the heirs of her boddy.  I also will to my said daughter Damaris the land I bought of Joshua Kelly containing ninety seven acres and eighty poles including all the improvements [of a value of??] to her during her natural life.  At her death to be equally divided among the heirs of her boddy.  I also devise to my daughter Damaris her horse and saddle and bridle, one cow and calf, two feather beds & furniture, cash and other property to the present date, the whole amounting to twelve hundred dollars all of which she has received.

 

Item 3rd.  I will and divest to my son John Milton Endsley one hundred acres of land, it being the plantation whereon Hugh Leeper formerly lived on, the value of seven hundred dollars to him and the heirs of his boddy forever.  I also devise to my son J M Endsley my black man Henry of the value of five hundred dollars to him and the heirs of his boddy forever.  I also devise to my said son my sixty gallon still that I bought of Thomas Cummings & six mash tubs at one hundred dollars value and further I give to my son the Gray Horse he now has in possession & saddle, in all one hundred and thirty dollars & also my also my surveying Instruments & bed and furniture valued at seventy five dollars but provided his part of my estate should not amount to the sum when ascertained what will be an equal share.  In that case he the said J M Endsley is to pay back to the estate so that his share will be equal to that.

 

Item 4th.  I will and devise to my Daughter Cynthia Endsley my black Girl Riah to be valued when She gets her in possession and to have a Horse at no less value than one hundred dollars or to be made up to that in other property and also her saddle valued at thirty dollars also two beds and furniture and one Cow and Calf and in the event of her getting married in that case my will is that she receive in such property as can be Spared to purchase Land and making her part with what she has heretofore received Twelve hundred dollars.  But the black girl Riah as before mentioned I devise to her the said Cynthia during her natural life and at her death to the heirs of her boddy if any otherwise, to go to her brothers and sisters equally.

 

Item 5th.  I will and devise to my son Isaac Newton Endsley my black boy Wesley to him and the heirs of his boddy forever valued four hundred dollars, Bay Horse Colt called Bolivar and saddle worth thirty dollars and my silver watch at twenty five dollars and my cold to be valued when grown.

 

Item 6th.  I will and devise to my son Bedford Endsley my black boy Lewis to him and the heirs of his boddy forever if  he has any otherwise to go to his brothers and sisters equally to be valued when he receives him.  Also I devise to him the said Bedford Endsley one Horse worth one hundred dollars, and saddle and bridle worth at least thirty dollars. 

 

Item 7th.  I will and devise to my beloved wife Mary Endsley all of the balance of my property and estate not heretofore devised, both land and negroes, Cash and bank Stock, property of every description during her natural life or widowhood for the purpose of Raising, Education,  Exceptions That when any of my children stands in need of any property, in that case she may help them to any property She thinks they stand in need of-and the same to be valued and taken out  of their distributive Share of my Estate and in the event of marriage of my wife Mary my will is that the remainder of my Estate not heretofore devised be valued by some good men not connected with the legatees by affinity or otherwise & to be equally divided amongst my children & my Wife - Share and share alike first deducting what each legatee has previously received and out of their Share of my Estate.  And all those of my children that have not arrived at the age of twenty one years are to choose Guardians and through them to receive their part and hire out the men and sell as much of the perishable property as they the Guardianss should think advisable.  And if any of my children should die before they arrive at the age of twenty one years, in that case my will is that their part of  my estate be equally divided amongst their surviving brothers and sisters.  Should my Wife not marry, my will is that all my property be equally divided amongst  all my children as above described all but my wife's part which she may devise as she thinks proper.

 

Item 8th.  In addition to what I have devised my sons Isaac Newton and Bedford Endsley I devise all of my land not heretofore devised divided between the two and their mother.  Viz. my wife to enjoy the homeplace during her life or widowhood and the same to be valued by disinterested persons and to be taken out of their Share of my Estate.

And I do hereby appoint my wife, Mary Endsley, Executrix to this my last will and testament with privilege to employ any person She may think proper to assist her in discharging her duty.

 

In witness whereof I the said John Endsley have hereunto set my hand & seal the day and year above written.

 

JOHN ENDSLEY  {SEAL}

Thomas Cummings         Jurat

Benjamin Simmons

STATE OF TENNESSEE

BEDFORD COUNTY:  I, John H. Oneal, clerk of the County Court of said County Hereby certify that the foregoing is a true and perfect copy of the last will and testament of John Endsley dec'd as appears of record in my office.

Witness my hand at office Oct 25th 1854:        John H. Oneal, Clerk

 

STATE OF TENNESSEE

MARSHALL COUNTY     I, S. Talley, clerk of said county, do hereby certify that the foregoing is a true and perfect transcript of the last will and testament of John Endsley together with the clerk's certificate thereon was filed in my  office.

Witness my hand at office November 6, 1854:        S. Talley, Clerk

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Thomas Cummings was a half brother to John Endsley whose mother, Jane Blair Endsley, remarried to Captain John C. Cummings after her husband, James Endsley, had died in North Carolina.  The second husband of Jane Blair , John C. Cummings, also died in NC before Jane accompanied the extended Endsley/Cummings/Lowry families to Tennessee at age 70.   Andrew Endsley, brother of John Endsley, deceased, had accompanied half brother, Thomas Cummings from Stokes County, NC to Abbeyville District, SC where the two half brothers married sisters, Thomas to Isabel and Andrew to Sarah Lowry who had been neighbors in Stokes County before their mother and her 2nd husband, John L. Lowry, moved to SC.  "Ibby" and Sarah's mother, Sarah Elizabeth Cunningham, had first been married to James Blair, an uncle of John Endsley.  Mary Endsley was a 1st cousin to her husband, John Endsley, and a half sister to Sarah and "Ibby" Lowry.

 

Jurat:  Generally various colonial and state laws required that two or more persons witness

             the signing of the will by the person making it.  One or more of the witnesses

            usually appeared in court at the time the will was submitted for pro-

            bate.  The court clerk would write "Jurat" beside the names of the

            subscribing witnesses who actually came into court and gave sworn

            oaths as to a will's authenticity.  Jurat means to swear .  

 

           It is not uncommon to see researchers incorrectly report this word as

         "junior" sometimes giving wrong impressions. 

 

Hugh Leeper who had formerly owned the 100 acres John Endsley bequeathed to his son, John Milton, was a 1st cousin to John Endsley.  Hugh's mother, Mary Blair, was a sister to Jane Blair, John Endsley's mother.  Mary Blair m. James Leeper.

James Leeper and his father, Allen, were both Revolutionary veterans.  James fought in the North Carolina Militia and the Pennsylvania Militia.  Leepers bought thousands of acres of land in NC and TN.  Hugh "sold out" in Bedford County and moved to some Leeper land in Blount County, TN.  Leepers owned that land and Hugh's homeplace and a ferry crossing on the Tennessee River for six generations until TVA covered it with Fort Loudon Lake in the early 1940's.  I've seen but not copied the record of his estate settlement in Blount County Court Records.                                               

   


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