Will of William Payne 1837
Transcribed by Catherine Trumm
I William
Payne of Smith County Tennesee being of sound mind and disposing memory do make
and publish this my last will and testament hereby revoking all other wills by
me at any time made.
1st I
direct my funeral expenses and all of my past debts be paid as soon after my
death as possible out of any money that I may be posessed of or that may first
have into the hands of my executors hereafter mentioned.
2nd I
give and bequeath unto my son Jordan Payne in addition to what he has already
recieved from me the following negroes viz. Randall, Pat, Ethel, Brice and
Jack.
3rd I
give and bequeath unto my son Hamilton Payne in addition to what I have already
given him the following negroes viz. Audryann, Charlotte, Lettie, Franky and
her child Richard, Judy and her three children Charles, Marie, and Sam and
their increase if there be any before my death. I give him the tract of land one which I now live and a small
tract of twenty seven and a half acres lying in the County of Macon. I also give him all my household and kitchen
furniture, farming tools of every description and __ and a set of cart wheels
and my set of Blacksmith tools, and to his wife Sarah I give my buggy and
harness, I also give him all the corn, wheat, bacon, cattle, hogs, and sheep
that I may die possessing. In
consideration of these extra bequeaths over and above what I give my son
Jordan, he the said Hamilton is to take and maintain his mother, my wife Sally
Payne during her natural life with the necessary comforts and convienences of
life.
4th My
old negroe woman Franky having been a faithful servant and very attentive to me
and my wife in our old age, I release from all servitude to anyone unless it be
voluntary on her part giving her the priviledge to choose which of my two sons
she will live with hereby making it obligatory on whichever she may choose to
live with to maintain her during her natura life for which she is to recieve
from my estate the sum of fifty dollars.
5th I
direct as soon after my death as practicle my executors hereafter named shall
sell at public auction all the balance of my estate of whatever description not
mentioned in any of the above bequeaths on such credit as they may think is
proper, the proceeds of which together with any money I may die posessed of or
that may be owing to me at the time of my death, after paying all my just
claims of every description, request my __ to be equally divided between my two
said sons Jordan and Hamilton Payne.
6th I
hereby nominate and appoint Hamilton Payne and M.Martin my Executors to execute
this my last will and testament in witness thereof I have hereunto set my hand
and Seal this 4th day of February 1937
William Payne (Seal)