Smith Co. TN Will Book A, page 156
Transcribed by Rick Allen
Comments or Questions CLICK HERE
I, William HEROD, Senr of the county of Smith
and state of Tennessee, being weak in body, but in perfect mind and memory, do
make & ordain this my last will and testament as follows, viz all others heretofore made voic. 1st It is my desire that my body
at my death be buried in a decent Christian like manner, under the directions
of my executors, hereafter named. It is
my will and desire that all my just debts of every description be paid as soon
as possible after my decease. I give
and bequeath to my son William my land and appurtenances belonging thereto with
all the farming utensils to have the balance of the stock of horses, cattle,
and hogs, after my just debts and burial are paid, likewise, I bequeath to him
three negro women namely Alsey, Old Mary & Esther to
be his right, title, and interest to him and his lawful heirs, with all their
issue and increase. I bequeath to my
son Peter HEROD two negro girls named Sophia and Mariah,
to him and his lawful heirs, together with all their issue and increase. I bequeath to my daughter Charity and
the lawful heirs of her body, sixty eight acres of land lying on the ridge on
the waters of Barren be the same more or less.
To my son James HEROD twenty dollars together with all that he
owes me, and what I have give him heretofore.
O each of my other daughters, namely Frances HALL, Mary Anne
LANE, and Elizabeth HALL, I bequeath to them each one bed and
furniture and five dollars a piece, to them and their heirs forever. And I do hereby nominate my sons William
HEROD and Peter HEROD my lawful executors to my last will &
testament. In witness whereof, I have
hereunto set my hand, and affixed my seal this the 14th day of April
1830, and in the 55th year of our independence.
William
HEROD (Seal)
Signed, sealed, published, and declared by the above
named William HEROD, to be his last will and testament in the presence
of us, who have hereunto subscribed our names as witnesses in the presence of
the testator.
Binion P. LIPSCOMB
Leonard BALLOW
William ARNETT
William PORTER
_____________________________________
From Middle Tennessee Supreme Court Records, Box 56
The Will above was contested by Claiborne HALL
and wife Elizabeth, Nathan HALL and wife Frances, Daniel
M. LANE and wife Mary Ann, James HEROD, William FAGG, and
Valentine HEROD. They claimed
another will dated May 1830 superceded the above will. They lost their case and appealed to the
Tennessee Supreme Court in Nashville where the original decision was affirmed
because there was only one witness to the second will who held that he saw William
HEROD sign it. Two witnesses were
required for real estate. So the will
of April 1830 was held valid for real estate and the will of May 1830 was held
valid for the personal estate.
______________________________________
In the name of God, Amen! I, William HEROD, Senior, of the State of Tennessee, and
County of Smith, being weak in body, but of sound and perfect mind and memory,
blessed be Almighty God for the same, do make and publish this my last will and
testament in manner and form following: that is to say. It is my desire that my body, at my death,
be buried in a decent Christian like manner, under the directions of my
executors herein after named. It is my
will and desire that all my just debts of every description be paid as soon as
possible after my decease. I give and
devise to my son Valentine HEROD, I give and devise the sum of five
dollars. To my son William, I give
and devise all of the tract of land where on I now live containing one hundred
and forty eight acres with all its hereditaments and appurtenances belonging
thereto, with all the farming utensils, to have the balance of the stock of
horses, cattle and hogs, after all my just debts and stipulated legacies and
expenses of and owning to my estate are all settled, likewise four negroes,
namely, Mary, Alsey, Esther and her child Elizabeth Ann,
with all their increase or issue, to him and his lawful heirs forever. I give and bequeath to my son Peter HEROD
two negro girls, namely Sophia and Mariah, to him and his lawful
heirs, together with all their increase and issue. I give and bequeath to my daughter, Charity and the lawful
heirs of her body, sixty eight acres of land lying on the ridge on the waters
of Barren, be the same more or less. To
my son James HEROD, twenty dollars, together with all that he owes me,
and what I have give him heretofore. To
each of my other daughters, namely Frances HALL, Mary Ann LANE,
and Elisabeth HALL, I give and bequeath to each of them one bed and
furniture and five dollars a piece to them and their heirs forever to receive
their stipulated legacies each and every one of them so soon as my executors
can arrange the matters of my estate to the several legatees. I nominate my sons William HEROD and
Peter HEROD, whom I hereby appoint sole executors of this my last will
& testament. In case each of my
Executors should live, I wish my son Peter to act, hereby revoking all
former wills by me made. In witness
whereof, I have hereunto set my hand and seal this 17th day of May
1830 and fifty fourth year of our Independence.
William
HEROD (Seal)
Signed, sealed, published, and declared by the above
named William HEROD, Senr to be his last will and testament in the
presence of us, who have hereunto subscribed our names in the presence of the
testator.
William
ARNETT
Leonard
BALLOW
Binion
P. LIPSCOMB