Will of Peter LUNA
Marshall County Will Book A
I Peter Luna of the County of Marshall and State of Tennessee being of sound
mind and memory enjoying a reasonable portion of good health but being advanced
in years and infirm in consequence thereof and knowing the uncertainty of Life,
do hereby make ordain and publish this as my last will and testament, hereby
revoking and making void all former wills by me at any time made, VIZ- First I
will and do so devise that my Just debts be paid out of any moneys that I may
die possessed of or which may first come into the hands of my executor from the
proceeds of my Estate Second- I will and so devise that for the maintainance of
my beloved wife and afed companion Elizabeth Luna that at least one third
portion of the lands which I may die seized and possessed of including my
mansion house and other necessary buildings be set apart to her and for her use
and binefit [sic] during her natural life and in order that she be unable to
cultivate said land so set apart to her and live comfortable thereon - I will
and desire that she have three of my best work horses - three of my plows, hoes
and axes, -Also my household funature [sic] and of my kitchen utensils an amply
sufficiency for her use - I also bequeath to her the sum of two hundred dollars
-three Cows- some stock Hogs and one years provission [sic] out of provissions
[sic] on Land - Third- I will and bequeath unto my sons James Luna, Peter Luna,
and John C. Luna all of the lands that I may die seized and possessed of in
equal portions Share and Share alike- subject always to the life time interest
therein - devised to my beloved wife as designated in the foregoing item-and
should a divission [sic] of my lands be made by mets and bounds as will between
my sons James Peter and John C and my wifes interest therein be direct & do
so hereby devise that in dividing the same and regard be had to apportioning
the woodland with the lands under improvement or susceptable of being cultivated
- Fourth I give and bequeath unto my daughter Jenny Hogan wife of Anthony Hogan
the sum of five Dollars - Fifth- I give and bequeath unto my sons James Luna,
Peter Luna, John C. Luna and the heirs of my son Elisha Luna Deceased Jointly
to daughters Nancy Milam, Polly Bryant wife of Gray Bryant and my granddaughter
Polly Luna wife of James Luna and daughter of my daughter Peggy Hogan decd. all
of my personal property not herein before devised consisting of all my negro
slaves, moneys, stock of every kind to be shared amongst them in such a manner
as that each of my Living children Shall have a portion thereof equal in value
to one seventh part thereof the heirs of my deceased son Elisha Luna in right
of their Father Jointly - one seventh part there of and my grand Daughter Polly
Luna in right of her deceased Mother Peggy Hogan one seventh part thereof and
in order to effect the divission [sic] of my property contemplated in this item
I hereby empower my Executor to sell any or all of my slaves and make conveyances
of them Should it become necessary to do so in order to make divisions or
shares equal between my heirs to whom I have herein divised them. Lastly-
I hereby nominate and appoint my son James Luna Executor to carry into effect
the provissions [sic] of this my last will and Testament In testimony where of
I have hereunto subscribed my name and affixed my seal this 14th day of
December A.D. 1846-
Peter Luna (seal)
Signed sealed and acknowledged in our presence by the testator Peter Luna and
we have hereunto subscribed our names in presence of said Testator and at his
Spcial Request David McGahey and Alexander Biggers Jr.
I Peter Luna having heretofore made and published the foregoing as my Last will
and testament do make and declare this as a codicil thereto, to wit, First, It
is my desire and I do so decise that the disposition made of my Lands in the
third item of the foregoing will bequeathing the same to my sons James Luna,
Peter Luna and John C. Luna be Revoked and held for nothing and that in Room os
said devied hereby intended to be Revoked I give and bequeth all of the Lands
that I may die seized and possessed unto my sons James Luna and Peter Luna in
equal portions Share and Share alike - subject however to the same
incumberances mentioned in t said item and in the divission [sic] thereof to
the directions then made for an equal apportionment, of the same - Second- My
will and desire is that the heirs of my son John C. Luna now dead inherit
equally all that portion of my personal property to which my said John C would
have bee entitled to under the provissions [sic] of the fifth itme of said will
had he been Libing - and I hereby bequeath and devise the same to them - Third
- It is my desire that this Codicil constitute a part of my will to all intents
and purposes
In testimony where of I have hereunto subscribed my name and affixed my seal
the twenty fifth day of March A.D. 1848-
Peter Luna (seal)
Signed sealed and acknowledged in our presence by the testator Peter Luna and
we have hereunto subscribed our names in the presence of the testator and at
his Special request-
David McGahey Jurat
Alexander Biggers Jt.