Survival of the content of this will is fortuitous. Most Sevier County will's from this period (including the original of David's will) were lost in a fire. A transcirption of David's will, however, had been made and was preserved in a newspaper article about county clerk Samuel Wear. Davids will was believed to be the earliest official record signed by Wear.
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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.
| David Cowan of Sevier County TN
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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 my 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:
Improviso -- It is my will and desire that my just debts and burial expenses should be speedily and punctually paid by my Executors.
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To my son, Andrew Cowan, I give and bequeath the tract of land whereon he now lives.
| Son Andrew
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To my sons, William and Samuel Cowan, I give and bequeath 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.
| Sons William, and Samuel
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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.
| Son John Cowan deceased
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| To my son, Hugh Cowan, I give and bequeath the plantation whereon I now live with all the appurtenances except that part mentioned which I have bequeathed to my sons William and Samuel Cowan.
| Sons Hugh, William and Samuel
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To my daughter Eleanor McClung, I give and bequeath one cow and calf.
| GrandDaughter Jane McClung, dau. of William McClung and dau. Eleanor McClung
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To Jane McClung, daughtor of William McClung and my daughter Eleanor McClung, I give and bequeath one heifer.
| granddaughter Jane McClung, dau. of William McClung and dau. Eleanor McClung
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| To my son William Cowan, I give and bequeath one colt.
| Son William [This may have been a grandson]
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To my daughter, Sallie Chitwood, wife of Pleasant Chitwood, I give and bequeath one looking glass.
| Dau. Sallie Chitwood [Sarah], wife of Pleasant Chitwood
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To my son, Hugh Cowan, aforesaid, I give and bequeath one horse in addition to the legacy above mentioned.
| Son Hugh
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To my daughter, Eleanor McClung, I give and bequeath all the household furniture which she has in her possession in addition to her legacy above mentioned.
| Dau Eleanor McClung
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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 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 of the deceased, this is my will and desire, should descend to the nearest heir of the deceased, or the descendants.
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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 the fourth day of February in the year of our Lord, one thousand, eight hundren and eleven and of American Independence the thirty fifth.
| Will dated 4 February 1811
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Signed DAVID COWAN [his mark] seal
| Signed by David Cowan with his mark
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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
| Witnessed by John Houk, John B. Swan, Abel Howe
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| 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.
Attest Samuel Wear, Clerk of CPC
| Attested to by Samuel Wear, Clerk of CPC, date not given.
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