Intermediate Source: Will of David Cowan contributed by Pollyanna Creekmore [to Smoky Mountain Historical Society Newsletter 12 Winter 1986 pp 104-105] fide Helen Pomakoy, 10 December 2007
In the name of God, Amen!
I DAVID COWAN, of Sevier County, State of Tennessee, being of sound and perfect mind, and many thanks be to God for the same, but knowing the frailty of man and that it is ordained for all to die, do make, Constitute, ordain this my last will and testament, thereby revoking all other wills, bequests, or legacies by me in any manner made.
First, I recommend my soul to Almighty God, hoping through merits of Jesus Christ to have forgiveness for all my sins and I resign my body to the dust of the earth from whence it came to be buried in a decent Christian burial at the discretion of the executors hereinafter named. As touching such worldly estate wherewith it has pleased God to help me it is my will and desire to dispose of the same in the following manner:
In proviso - It is my will and desire that my just debts and burial expenses should be speedily and punctually paid by my Executors.
[ITEM] To my son, Andrew Cowan, I give and bequeath the tract of land whereon he now lives.
[ITEM] To my sons, William and Samuel Cowan, I give and bequest all that part of my tract of land on which I now live which lies southeast of Boyd's Creek to be equally divided between the said William Cowan and Samuel.
[ITEM] To my sons, David Cowan and Alexander Cowan and James Cowan I give and bequeath a tract of land which I claim in consequence of military services done by my son John Cowan, deceased; which land it is my will and desire should be equally divided among my three sons aforesaid.
[ITEM] To my son, Hugh Cowan, I give and bequest the plantation whereon I now live with all the appurtenances except the part mentioned which I have bequeathed to my sons, William Cowan and Samuel Cowan.
[ITEM] To my daughter Eleanor McClung, I give and bequeath one cow and calf.
[ITEM] To Jane McClung, daughter of William McClung and my daughter, Eleanor McClung, I give and bequeath one heifer. To my son William Cowan, I give and bequeath one colt.
[ITEM] To my daughter Sallie Chitwood [Sarah Cowan Chitwood], wife of Pleasant Chitwood, I give and bequeath one looking glass.
To my son, Hugh Cowan, aforesaid, I give and bequeath one horse in addition to the legacy above mentioned.
TO my daughter, Eleanor McClung, I give and bequeath all the household furniture which she has in her possession in addition to her legacy mentioned above.
It is my will and desire that the residue of my estate both real and personal should be sold at the discretion of my Executors and the money from the sale of such estate to be equally divided among my children and, in the case of the death of any of the legatees mentioned in this will and Testament before the same goes into effect then the legacy of the deceased, this is my will and my desire, should descend to the nearest heir of the deceased, or the descendants.
Lastly, I appoint, constitute, and ordain my son Hugh Cowan and James Henderson of the State and County aforesaid, Executors of this my last will and testament. In witness of all and every part whereof I have hereunto set my hand, affixed my seal, this fourth day of February in the year of our Lord, one thousand, eight hundred and eleven and of the American independence the thirty fifth.
Signed DAVID COWAN [seal] his mark
Signed, sealed, published, and delivered in the presence of us, who in presence of each other have hereunto set our names.
Signed John Houk, John B. Swan, Abel Howe
I, Samuel Wear, Clerk of the Court of Pleas in a quarterly session of Sevier County do hereby certify that the foregoing is a true copy of the original will as found in Court of Pleas in the office of Sevier.