Source: Source: Sumner County, Tennessee
Will Bk 3 pgs 270 - 273
In the name of God Amen, Know all men by these presents that I Daniel Perdue of the County of
Sumner and State of Tennessee being of sound and disposing mind and knowing the certainty of
death do hereby make and publish this my last Will and Testament in manner and form following
to wit. First, I will my soul to God who gave it, and my body to a decent Christian burial.
Second, I wish all my just debts and funeral Expenses paid.
Third, I leave my wife Harriet Perdue during her natural life or widowhood the home tract of land
containing by estimation Two hundred Acres my Mills and distillery and all that thereunto belongs
or appurtenance, all the household and Kitchen furniture, Beds & furniture, All the stock and
farming tools I give to her to dispose of at her pleasure. I also loan her two negroe girls named
Martha and Sally during her natural life of widowhood.
4th At the death or marriage of my wife Harriet, I wish the Negroe girls Martha and Sally with
there increase divided among my children of which the said Harriet is the mother equally
divided.
5th At my death I give my Son Wyatt Perdue son of Harriet the following tract of land, Civil
District No. 16. Beginning on a small white Oak, Bryants corner running N 9 deg. E to a
sycamore on a small branch thence down the branch with its meanderings to Bushes corner The.
N. 45 degrees E. 31 poles to a gum The. East with a lane 112 poles to a stake called Smarts
corner, Th. S. 130 poles to a post Oak Th. E. 60 poles to a post Oak by a pond Wm McGlothlins
corner, Th. South 20 poles to a black oak On the south side of the road, called the Fort Blount
raod, Th. West 86 poles to a stake with pointers Th. North 10 poles to a small gum with top cut
off, Th West 96 poles to a post Oak with pointer Th. North 46 poles to the beginning containing
by estimation 100 acres.
6th I also give my son John J. Perdue the following tract of land lying in said 16th district
beginning on a (?) corner to Wm Lynch on Drakes Creek, Th. North with the compromise line
160 poles to a rock the compromise corner, Th. East 121 poles to a black oak on the head of a
hollow to the Mill branch Th. down the mill branch to the creek, Th. down the creek with its
meanderings to the beginning containing by estimation 100 acres.
7th I also give to my daughter Susan Dun the following tract of land, Beginning on two small
black oaks, widow Peadons corner S. 5 deg. W. 30 poles to a red Oak Th. S 34 degrees E. 42
poles to a scrub Oak Pedons corner, Th. S. 72 poles to Cooks line Th west with Cooks line 94
poles to a white Oak and sugartree Cooks corner, Th. North with said line 132 pokes to an ash in
a bluff of rock, Th. East 66 poles to the beginning, containing by estimation 100 Acres.
8th I also give my son Frederick M. Perdue the following described tract of land in sd district
Beginning on a small white Oak on Wyatt Perdue line Th. South 121 poles to a black Oak on the
South side of a dry branch, Th. West 133 poles to Isaac McGlothlins East boundary line Th. N.
With said line 121 poles to Bryants corner Thence East to the beginning containing by estimation
100 Acres.
9th I give to Joseph Benjamin Perdue (my son) the following described tract of land in said 16th
district, Beginning on Wm McGlothlins S. W. corner by a pond Th S. 115 poles to a black Oak on
the South side of dry drain Th E. 140 poles to a stake in Perdue East boundary line Th. N. with sd
line 115 poles to a rock Called Smarts corner Th West 140 poles to the beginning containing by
estimation 100 Acres.
10th I give to my daughter Mary C W Perdue the following tract of land in said
district, Begining on a Black Oak the South side of a dry drain Th South 190
poles to a chesnut Six poles East of Susan Duns, beginning corner, Th N 60
degrees East 20 poles to a stake in the field Th N 40 degrees East 60 Poles to a
hickory, Th stake in the field Th N 40 degrees East 60 poles to a hickory, Th N
14 degrees E 34 poles to a stake Th North 18 poles to Yandals corner Th E 66
poles to a stake, in Widow Dennings field thence 80 poles to a stake in Perdue
East boundary line, Th West 140 poles to the beginning, Containing by estimation
100 acres.
11th I give to my daughter Sarah Ann Elizabeth Perdue the following described land and premises in the said 16th district Beginning on a black oak on the south side of a dry drane called Fedds corner, Th with Isaac McGlothlins east boundary line Th S. W. to said McGlothlins line to Perdue corner, Th E to the compromise corner, Th E. with J. J. Perdues line passing said line 48 poles to a black oak with pointers Th North 127 poles to Wyatt Perdues South boundary line, Th W. to Wyatt Perdue corner post Oak his S. W. corner, Th S 121 poles to the Beginning containg by estimation 100 acres, to them and their heirs forever.
12th Whereas I have no land to give my two daughters Letty Perdue & Julia Ann Perdue in lieu thereof I hereby give Letty my negroe girl Zilpha and to my daughter Julia Ann I give my Negroe girl Ann and there increase to them and their heirs forever.
13th Whereas I have been twice married and raised two families of children in order that equal and impartial Justice may be done among them when I am no more, I hereby Exhibit an account of property already given to my first wifes children to wit:
To my Ward Perdue now deceased two
horses....................................$200.00
at $100
2 cow & calves at $10...........1 sow &
pigs............................................$25.00
at $5.00
1 bed & furniture at $20 plow, hoe,
ax....................................................$30.00
& farming utensils $10
plates knives & forks $5.......$5.00
given.................................................$5.00
to his son Makeing
$265.00
14. To Allen Perdue $300...........100 Acres of
" " land
$200...............................................................................$500.00
" " 2 cows $20.......1 sow & pigs $5
" "1 bed & furniture
20.00..............................................................$45.00
" "Table utensils $5....plow...hoe
" " ax & tools $10......stud
500.00................................................$515.00
Makeing $1,060.00
15. To Polly Clendening 80 Acres of
Land................................................$400.00
" " 2 cows & calves $20 2 sows
" " & pigs
$10.00........................................................................$30.00
" " pork $18.00.......1 pot & 1 over
$2.00.........................................$20.00
" " wool spun cotton & yarn at
" " sundry
times.........................................................................$100.00
Makeing $560.00
16. To Martha Cheek 1 horse $100 1 wagon
" " & gear
$100....................................................................$200.00
" " 80 acres of land (?) $80
" " 1 bed and Furniture
$20.................................................$100.00
" " Cooking utensil
2.00...........................................................2.00
Makeing $302.00
17. To Nelly Bradley
" " 1 Negroe Girl $500....1 Mare
$50................................................$550.00
" " 1 cow & calf $10.....1 Sow and
" " pigs
5.00...................................................................................$15.00
" " 1 Bed table ware note on Jo
" " King $37 Note Lambath
$5.00.....................................................$67.00
Makeing $632.00
18. To Prudence Bracken 160 Acres of
" " land $640 cash
$213.00........................................................... $853.00
" " 1 Mare $50 1 sow & calf
10.00....................................................$60.00
" " 1 Bed & furniture $20
" " Table ware
5.00..........................................................................$25.00
Makeing $793.00
19 To Lee Perdue 110 Acres of land $550
" " 1 horse
$100...........................................................................$650.00
" " 2 cows & calves $20 2 sows
" " & pigs $10 Bed and furniture
" "
$20.00......................................................................................$50.00
" " Farming utensils table furniture $5
" " Cash $6 9 Gals Liquor
4.50....................................................... $15.00
" " 40 Bls corn $40.00
" " 1 Mare
30.00............................................................................$70.00
Makeing $795.00
20. To Danl G. Perdue 110 acres land
$550................................................$650.00
" " 1 horse $100.00
" " 2 cows & calves $20. 1 sow
" " & pigs $5 Bed & furniture 20.00 ..
...........................................45.00
" " use of negroe man & distilling
" " one
season..........................................................................100.00
" " table ware $5 farming tools
" " $10 Season of 1 Mare
$2.00................................................. $17.00
Makeing $812.00
21. At my death I wish what is not herein otherwise divided among my children so as to make them equal as near as my property will admit of provided it is to be understood that the heirs of Ward Perdue decd is to have but five dollars $5.00 of my Estate & it is furthermore hereby provided that my youngest son James Oliver Perdue is to have the home tract of land at the death or marriage of his Mother & my wife Harriet Perdue & in order to enable them to divide I will that all my negroes not otherwise herein disposed of be sold and then an equal division among all my children first and last family, having due regard to what has already advanced and other exception of Ward Perdue heirs. It is also to be clearly understood that the two negroe girls Sally and Martha loaned to my wife and to go the the children I have by the said Harriet Perdue as an extra and not to be counted when the equal distribution is made as contemplated above, believing that I have made my last will & Testament sufficiently plain to be understood I will appoint Oliver P. Butler my sole Executor to this my last will and Testament revoking all wills by me heretofore made, ratifying and confirming this my Last will and Testament.
In Witness whereof I hereunto set my hand and affix my seal this 10th day of
July 1856...............................Daniel Perdue (seal)
Witnessed by us in presence of the Testator and at his request...
M. Hodges
D. G. Hodges
A codicil to the foregoing Will, I Danl Perdue, the above Testator being seized
of a sum of money which is not disposed of in the foregoing declaration do
hereby will that five hundred dollars to the sum be equally divided between the
children of my first wife that are now living and all the remainder (less or
more) equally divided among my children by my present wife this is designed to
include cash notes as well as ready cash, In witness whereof I hereunto set my
hand and seal this the 20th day of December 1856........................
Daniel
(his mark) Perdue (seal)
Witnessed by us in presence of the Testator
E. D. Faunville
Eli Perdue
Harriet Perdue et als
vs
Daniel G. Perdue et als
Contested Will
This day came again the parties by there Attorneys and the Jury inpaneled in
this cause on a former day of the Term who upon there oaths do say that they
find the issue, so far as relates to the proper writing bearing date the 10 day
of Juy 1856 and witnessed by M. Hodges and D. G. Hodges in favor of the
plaintiffs and that the same is the last will and testament of Danl Perdue, The
Jurors aforesaid do further say that they find the issue so far as relates to
the codicil bearing date the 20 Dec 1856 and witnessed by E. D. Founville and
Eli Perdue in favor of the defendants and that the same it not the will of the
said Danl Perdue. It is therefore considered by the Court that said paper
writing bearing date the 10th July 1856 and witnessed by M. Hodges and D. G.
Hodges be established as the last Will and Testament of Daniel Perdue, decd. and
that the writing purporting to be a codicil bearing date 20th December 1856 and
witnessed by E. D. Founville and Eli Perdue be set aside and for nothing held,
it is further ordered by the court that the verdict and Judgement herein
together with the regular will be cerified to the County Court that proper
proceeding be had thereon according to law, and the plaintiffs recover of the
defendents there cost in this behalf incured not heretofore adjudged for which
fee issue. A. B.
The original will and codicil returned with this transcript.
State of Tennessee, Sumner County I D. P. Hart clerk of the circuit court of the
county of Sumner hereby certify that the foregoing is a full true and perfect
transcript of the verdict of the Jury and order the the Court in the above cause
giving under my hand at office in Gallatin State and County aforesaid this 3rd
day of May A. D. 1858 & of American independence the 82nd. D. P. Hart Clerk.
The last will and Testament of Daniel Perdue was this day produced into open Court for probate and was duly proved by the oaths of Meredith Hodges and D. G. Hodges the subscribing witnesses thereto and the codicil thereto was proved by the oaths of Eli Perdue and E. D. Fonville subscribing witnesses Will and codicil is ordered to be recorded. Oliver P. Buter the executor named in the Last Will and Testament of Daniel Perdue decd together with Jo C. Guild his security this day appeared in Open Court and entered into and acknowledted their bond to the state of Tennessee in the penal sum of twenty thousand dollars conditioned as the law directs and was duly qualified....John L Bugg Clerk.