See Person:John McSpadden (1)
Will of Esther McSpadden
from Ephmeral Source
Esther Thompson McSpadden's Will
In the name of God, Amen. I Esther McSpadden of the County of Jefferson and State of Tennessee being weak in body, but of sound mind and memory, and calling to mind the mortality of my body and also calling to mind, that it is once appointed for all persons to die, do make ordain and publish this my last Will and Testament, And principally and first of all, I recommend my soul to God, who gave it, and my body to the Earth to be buryed in a descent manner, at the discretion of my Executors, nothing doubting but that I shall receive the same again at the general resurrection by the mighty power of God. And as touching such worldly estate, wherewith it has pleased God to bless me with, I give and dispose of the same in the following manner towit- First it is my will and desire that all my just debts and funeral expenses by paid by my Executors herein after mentioned - Second I give, grant and bequeath to my beloved daughters Polly and Esther Dunwoody my wearing Apparel, Books, and all my beds, bedsteads and furniture to be theirs and their heirs forever. Third- I give, grant and bequeath to my beloved daughter Polly Dunwoody a negro girl named Lydia to be hers and her heirs forever. Fourth-I give grant and bequeath to my beloved daughter Esther Dunwoody a negro girl named Milly which she now has in her possession to be hers and her heirs forever. Fifth-I give devise and bequeath to my beloved sons Thomas, Samuel and Matthew McSpadden the plantation on which I now live, with all the improvements thereon including dwelling houses, Orchard, Barn &c also a negro boy slave named Hardin to be theirs and their heirs forever, Subject nevertheless the payment of Sundry Legacies which will be more fully expressed hereafter. Sixth-I give and bequeath unto my three sons, the following negro slaves towit-to my Samuel McSpadden one negro slave named John now in his possession, also my negro man named Edd-To my son Thomas McSpadden also my negro boy Anderson-To my son Matthew McSpadden to be theirs and their heirs forever. Seventh-I give and bequeath to my three daughters-in-law towit-Ally McSpadden the widow of James McSpadden Dec'd-To Isabella McSpadden the widow of Archibald McSpadden dec's-To Isabella McSpadden the widow of Archibald McSpadden dec's-to Nancy McSpadden the widow of John McSpadden dec'd. the sum of Five dollars each to be paid to them by my Executors within twelve months after my death, without interest-Eighth-I give and bequeath unto my five grandchildred, heirs of my son James McSpadden deceased towit-Thomas A. McSpadden, John McSpadden, Nancy McSpadden, James McSpadden, and Esther McSpadden (Elizabeth) the sum of two hundred dollars to be equally divided between them to be paid to those of lawful age within twelve months after my death, and those not then of age, So soon as they may arrive at lawful age, said legacy not to have interest - Ninth- I give and bequeath to my Grandson John Calven McSpadden the sum of Fifty dollars to be paid to him so soon as he arrives to the age of Twenty one years and I do hereby direct that the same remain in the hands of my Executors and be by them loaned on good Security from twelve months after my death and the interest & principal to be paid to him so soon as he arrives to the age twenty one years Tenth- I give and bequeath unto my seven Grandchildren towit: James, Daniel, John Newton, Samuel Patterson, Thomas, Susan and William Thompson McSpadden heirs of my son John McSpadden Dec'd the sum of Fifty dollars each to paid to them by my three son, Thomas, Samuel & Matthew McSpadden as follows towit; those of lawful age within twelve months after my death and those not of lawful age, So soon as they may arrive at lawful age and without interest and as I have given to my three sons the plantation on which I live with improvements and also my negro boy Hardin, who I wish to remain in the family. It is my will and I do hereby direct that my said three sons above mentioned do pay the above Legacies given and bequeathed to my seven grandchildren heirs of my son John McSpadden deceased,and in the event that my said three sons fail to do so, I do hereby direct that the same is to made out of the plantation on which I now live and which was the fifth clause of the Will given to my three sons, Thomas, Samuel and Matthew McSpadden and in part reserved for the payment of this legacy. Eleventh-I give and bequeath unto my three sons Thomas, Samuel and Matthew McSpadden jointly, my negro man Robert. It is my further will and desire that my said sons hire out Robert from year to year for the purpose of aiding assisting them to pay up & settle and business of my estate, and after all the business of the estate legacy &c, is settled up they are directed to dispose of him, as they may think best, but it is my wish that he remain in the family. Twelfth-I give and bequeath unto my beloved daughters Polly & Esther Dunwoody my negro woman Anna to be theirs and their heirs forever. (p 348) Thirteenth-I give and bequeath unto my Three sons jointly my negro woman Abley towit- Thomas, Samuel & Matthew McSpadden, and it is my wish & desire that they see & cause her to be taken care of in her old age, to them & their heirs forever. Fourteenth- I will and direct that all my personal property that I may own and possess at the time of my death, which is not devised in this my last Will and Testament, be sold by my Executors on a credit of twelve months, and out of the proceeds of said Sale, first pay my funeral expenses, then my debts, then the costs of selling my estate then the Legacy given to my Grandchildred, heirs of my son Samuel McSpadden dec'd and then the residue to be equally divided between my five childred towit- Thomas, Samuel, Matthew, Polly and Esther. Fifteeth- And Lastly I do hereby constitute and appoint my beloved sons Thomas, Samuel & Matthew McSpadden Executors of this my last Will and Testament, and I do hereby revoke, annull and disallow all former Wills and Testaments made & executed by me. In Witness whereof I have hereunto set my hand & seal the 18 Day of June A.D. 1832.
Signed, Sealed & acknowledged, published, pro-) nounced & declared in our presence by the ) Testatrix to be her last Will & Testament ) The words Samuel and also who in her presence and in the presence of ) Thomas McSpadden each other and by the request of ) interlined before signed. the Testatrix have subscribed ) our names as witnesses to the same. ) Joseph Hamilton Jr. ) her Caswell Lea ) Esther x McSpadden-Seal
A true copy from the records of my office. Joseph Hamilton - Clerk.