THOMAS HALSEL'S LAST WILL AND TESTAMENT



IN THE NAME OF GOD, AMEN.

I , THOMAS HALSEL of Montgomery County, State of Tennessee, being weak in body, but of sound mind and memory and considering the uncertainty of this mortal life, do make and publish this my last Will & Testament in manner and form following, that is to say,

ITEM 1st -     My will and desire is that all my just debts should be finally
                settled and paid.
ITEM 2nd -     I give unto my son REASON HALSEL the sum of one dollar.
ITEM 3rd -     I give unto my daughter ANNE WATSON the sum of one dollar.
ITEM 4th -     I give unto my daughter ELIZABETH GENTRY the sum of one dollar.
ITEM 5th -     I give unto my daughter SARA CLOYD the sum of one dollar.
ITEM 6th -     I give unto my daughter MARY MORROW the sum of one dollar.
ITEM 7th -     I give unto my daughter PATSEY(MARTHA)ALLEN the sum of one dollar
ITEM 8th -     I give unto my son VARDAMAN HALSEL the sum of one dollar.
ITEM 9th -     I give unto my daughter AMEY BRIMMINGHAM a certain note of hand
                given by Jesse Gentry to me, for one hundred dollars due to me
                some time past, and she is not to come in for any more of my
                estate.

ITEM 10th-     I give unto my daughter CYNTHIA MAN(N)ION the sum of one dollar.
                  [ Note: Not sure if she's adopted or a grand child, or both.]
ITEM 11th-     My will and desire is that my wife ELIZABETH HALSEL and my four
youngest sons, viz. CERTAIN THOMAS HALSEL, BENJAMIN BIGGERS HALSEL, JOHN BUNYAN HALSEL, and EDWARD BOYCE HALSEL, have the use and benefit of all the tract of land which now hold (which I purchased of Lewis Whitfield, see deed from  him to me) until my said son Edward Boyce Halsel becomes of the age of twenty one years and then the said land is to be equally divided between my wife Elizabeth Halsel, if she is then alive and single and my four sons, viz. Certain Thomas Halsel, Benjamin Biggers Halsel, John Bunyan Halsel and Edward Boyce Halsel
          (except the giving my said Wife Elizabeth Halsel her choice of said portions so divided), and at the marriage or death of my said Wife Elizabeth Halsel, whichever first may take place or happen, then in either of those cases, the land which became her choice in said division, shall be equally divided between my last named four sons, all such lands when divided shall belong to each one of the four last named four sons, and each of their heirs forever.

ITEM 12th- My will and desire is that my Negroes Parthenia, Will, Lewis,            Hetty and Young and alll their future increase are to be kept together, on my said land as above divided, or to be hired out at the discretion of my wife Elizabeth Halsel and my son ONLY WILLIAM HALSEL; and the labour and proceeds
arising from the said Negroes to support my wife Elizabeth Halsel and my four youngest sons [listed previously], until my son Edward B. Halsel  arrives at the age of twenty one years, or until the marriage or death of my wife Elizabeth Halsel, whichever may first happen or take place and in either of those cases or
events, all of said described or intended to be described Negroes and their future increase, are to be divided equally between the five last mentioned sons, that is to say Only William, Certain Thomas, Benjamin Biggers, John Bunyan and Edward Boyce Halsel, to be belonging to each of them and their heirs forever.

ITEM 13th- It is my will that my Wife Elizabeth Halsel and my four youngest sons [listed previously] have the use of as much of my stock and farming utensils, household and kitchen furniture as shall be adjudged necessary, by any two or three good disinterested men, to be kept on the land for the use and benefit of
myof my said wife and four (youngest) sons until my son Edward Boyce Halsel comes to the age of twenty one years, or until the marriage or death of my wife Elizabeth Halsel, whichever may first take place or happen and the in either of those cases, the property mentioned or intended to be particularized is to be divided equally between my four sons Certain Thomas, Benjamin Biggers, John Bunyan and Edward Boyce Halsel, to be belonging to each one of them and their heirs forever.

ITEM 14th- It is my will that all the balance of my stock, farming utensils, household and kitchen furniture be sold and the money arising from the sale of the same, together with all the rest of my estate of property and monies when
Collected, be divided after the following manner, viz.- to my son ONLY WILLIAM HALSEL, two hundred dollars to be paid to him, at the time he arrives at the age of twenty one years.  And of the balance of said money, or monies, I give my daughters DORCIAS or TABITHA HALSEL, REBECCA HALSEL, JANE HALSEL and PHEBE HALSEL each one the sum of one dollar and that all the balance of said monies put out to sure persons at interest, and such interest together with such part or arts of said principle of money or monies, may be called in and applied to the better support of my wife Elizabeth Halsel and my four youngest sons [previously mentioned], as their needs may necessarily and reasonably require, until the time my son Edward Boyce Halsel arrives at the age of twenty one years or until the marriage or death of my wife Elizabeth Halsel takes place or happens.  Then in either of those cases or events, the balance, if any of such money and monies, shall be equally divided between my wife Elizabeth Halsel, if alive and single when my said son arrives at twenty one years, and my children Dorcias or Tabitha Halsel, Rebecca Halsel, Jane Halsel, Phebe Halsel, Certain Thomas Halsel, Benjamin Biggers Halsel, John Bunyan Halsel and Edward Boyce Halsel, to be belonging to each one of them and to each of their heirs
forever.

ITEM 15th-  My will and desire is, that if either of the following children, viz. Only William Halsel, Dorcias or Tabitha Halsel, Rebecca Halsel, Jane Halsel, Phebe Halsel, Certain Thomas Halsel, Benjamin Biggers Halsel, JohnBunyan Halsel or Edward Boyce Halsel should die before he, she or they derive from me in any wise or manner soever, be divided equally between my children, viz.- Amey, CITHA [Cynthia Mannion], Only William, Dorcias or Tabitha, Rebecca, Jane, Phebe, Certain Thomas, Benjamin Biggers, John Bunyan and Edward Boyce
Halsel, to them and their heirs in the same manner forever, as last mentioned in the Fifteenth Item.

ITEM 16th- I hereby constitute and appoint Stephen W. Carney, James Wright Carney, George Isbell and my wife Elizabeth Halsel, my executors and executrix of this my last will and testament, and that she is not to be required by any court, in qualifying her as executrix to give security in her bond of qalification.  I feel satisfied with her agency to act for my children and with my property, hereby revoking and disannulling all former will or wills by me made. In witness thereof I have hereunto set my hand and seal the eighth day of April, in the year one thousand eight hundred twenty five (1825), signed, sealed published and declared by the above named THOMAS HALSEL,to be his Last Will and Testament, in the presence of us, who have hereunto subscibedsubscribed our names as witnesses in the presence of the Testators. -
 
 
 
 

Ephraim Powell,  Jurat
J.E. Wilcox,     Jurat
J.W. Carney,     Jurat
E.T.Harris,      Jurat

Rendered October Term 1826
 
 

NOTE:  The words "divide" on 1st page and John Bunyan on 2nd page were interlined before signing, and the names James Wright Carney and George Isbell on the 4th page were interlined and acknowledged.

COMMENTS:  THOMAS HALSEL (sp.var - HALSELL) was my great, great, great grandfather. His youngest son - EDWARD BOYCE HALSELL was my great great grandfather. Edward B. Halsell later married and moved To Graves County, KY, where my great grand mother MIRIAM ELIZABETH HALSELL was born (1844).According to notes that I have from other descendants who have researched this line, Thomas Halsel was born before 1750, married Mary MOBLEY (who died before 1802); after her death he married Elizabeth HAYDEN (HADEN), October 27, 1802 in Clark County, KY.  Elizabeth at some time lived in Washington County, KY (birth or death?). She was born in 1782 and was, threfore, at least 32 years younger than her husband.

Since Elizabeth was only twenty years of age when they married, Thomas had a marriage approval agreement drawn up between himself and her father, Jeremiah HADEN.  This commitment to marriage was obtained from the Clark County, KY courthouse records.  This type of document was often used when there was a divorce or some reason to expect that a marriage might be questioned, usually, by other members of the family.  Since Elizabeth was younger than some of Thomas Halsel's children by his first marriage to Mary Mobley, it's reasonable to assume that their level of disapproval of his remarriage to such a young wife didn't go unnoticed by him.  Thus, the meticulous effort to protect Elizabeth and his four younger children in his will. In fact, it appears that he in effect disinherited at least some of the children of his first marriage (see first 10 items in the will). Another factor that mightíve figured in most of the girls only receiving $1.00 was that girls didnít inherit in the same manner as boys.  Often, they were given a considerable dowry at their marriage that compensated for this apparent lack of inclusion in their fatherís will.

Submitted by:   Martha Sullivan Smith

July 19, 2000
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  Marriage Agreement Thomas and Elizabeth
 
 

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