I William Payne of the county of Smith and State of Tennessee taking into consideration the uncertainty of life, and being at this time of sound mind and memory do make and publish this my last will and testament in manner and form following “to wit”, and first it is my will and desire that my just debts should be paid. My body to be decently buried in Christian burial at the expense of my estate.
Item 2nd. And as to my estate and worldly goods, I dispose of them in the following manner:
I give to my beloved wife Betsey Payne the tract of land whereon I live beginning on the bank of Cumberland river opposite the bluff spring and running up with the lane between myself and Joseph Payne to the line of John Payne. Thence a southeastern direction with the line of John Payne to an eight acre field that I now cultivate. Thence a southwestern direction with the fence of said field to the cross? fence between me and the said John Payne. Thence with said cross? fence to the southeast corner of said field. Thence with the same fence to corner of said field. Thence with the said fence to the first mentioned dividing line between me and the said John Payne. Also I further give and bequeath unto my beloved wife Betsey Payne twelve acres adjoining the river including in the bottom field belonging to Joseph Payne, also one other tract of land whereon Crawford Corner now lives on containing sixty-six acres with the appuntenances rents and property during her natural life and after her death whatever said lands will sell for or be valued together with such other property that she may dispose of mentioned in this will to be equally divided among my children John Payne my son first receiving two hundred dollars out of the proceeds of all the property that she may die ? and possessed of and these to draw an equeal part with the rest.
Item 3rd. I give and bequeath to my beloved wife five Negroes Willis, William, Peter, Clone and Sethe together with all my stock of horses, cattle, hogs, household and kitchen furniture, farming tools _________to her own proper use and benefit during her natural life and then be divided among my children, Joseph and John Payne, Ann Carpenter and Patsey Roland. My son John Payne first is to receve two hundred dollars out of the whole amount and ten to draw an equal share with the rest as above stated.
Item 4th. I give and bequeath to my son Joseph Payne one Negro woman named Peggy and a boy named Gidion.
Item 5th. I give and bequeath to my daughter Ann Carpenter five Negroes, Dill, Mary, Joe, Hester and Purt.
Item 6th. I give and bequeath to my son John Payne one Negro woman named Cate and a boy named Carroll.
Item 7th. I give and bequeath unto my daughter Patsy Rowland five Negroes to wit: Minerva, Harry, Franky, James and Mary.
8th and Lastly I appoint my sons Joseph and John Payne my executors to this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and affixed my seal this 3rd day of July 1835.
William Payne (Seal)
Signed, sealed, published and declared
by the above named William Payne to be his last will in the presence of us who have hereunto subscribed our names as witnessed in the presence of the testator, the fourteenth line being enterlined in the words “Payne” “Carpenter” “Rowland” and the words “and” and Payne erased before signed.
Attest
A. Fergusson