Daniel P. Witcher

DAR Ancestor #: A126989

In the name of God Amen, I DANIEL WITCHER of Smith County, State of Tennessee, being sick and weak of body, but of sound and disposing memory, for which I thank God, and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly substance as it hath pleased God to Bless me, do make my last Will and Testament in manner and form following: That is, first, to command my soul to God that gave it and my body to be buried in a decent Christian burial at the discretion of my executors. Secondly I give and bequeath unto SUSANNAH WITCHER my mills, my beloved wife, six Negroes namely WILL, PHILLIS, FARMOUS, RICHMOND, GLANCESTER, and the stock of cattle,sheep, hogs and one bay mare horse and one hundred and fifty acres of land to include the plantation whereon I now live including the house, mill and cotton machine, the land laid off by TANDY K. WITCHER and LACY WITCHER which I have appointedto turn the lines, together with all the household furniture and farming utensils for her use during her life and widowhood also one bay mare known by the name of NAN to be her own property during her life to do as she pleases with.

Thirdly I give and bequeath unto my son DANIEL T. WITCHER the hundred and fifty acres tract of land above mentioned together with all the improvements above mentioned and one Negro boy by the name of GORDON. One gray mare and a young gray horse and three cows and calves and two yearlings all of which is to become his property at the age of 21 years, together with all the increase of said stock except the land which is to be his at the death or separation of the widowhood of my beloved wife SUSANNAH WITCHER.

Fourthly I give and bequeath unto six of my daughters NANCY YOUNG, MARTHA GOAD, TABITHA YOUNG, SALLY RAMSEY, SABRA JENKINS and ALLEY B. YOUNG, the money arising from the sale of six head of horse beasts to be equally divided among them, thehorses that I have made known to the executors, sale to take place as early as practicable after my decease at the discretion of the executors. Fifthly I give and bequeath my daughter SALVE (sic) JENKINS ninety-five acres of land during herlife time and then to be sold on a credit of twelve months and the money to be equally divided amongst the heirs of her body, it being the land and plantation whereon DAVID PICKETT now lives.

Sixth I give and bequeath unto my daughter PATSY JENKINS five dollars.

Seventh I give and bequeath unto my son TANDY K. WITCHER one bay mare three years old next spring.

Eighth I give and bequeath unto my grandson ALPHAES a young one, last springs colt and seventy four acres of land, it being the track of land whereon THOMAS TERRY formerly lived.

Ninth I give and bequeath unto LACY WITCHER one hundred and thirty acres of land including the plantation whereon he now lives, the lines to run as I have directed my son TANDY K. WITCHER.

Tenth I give and bequeath unto my three sons and seven daughters NANCY YOUNG, MARY GOAD, TABITHA YOUNG, TANDY K. WITCHER, LACY WITCHER, ALEY B. YOUNG WITCHER (sic), BOOKER WITCHER, SALLY RAMSEY, ELIZABETH MARAIGN and SUSAN WAKEFIELD, threetracts of land whereon MARTIN YOUNG and BOOKER WITCHER formerly lived, the tract of land I purchased from WILLIAM JENKINS, six Negroes together with their increases, the household furniture, the farming utensils, the stock of every description that is on the plantation which property is to be sold at the death of my wife SUSANA (sic) or at the expiration of her widowhood on a credit of two years to the highest bidder the land excepted which is to be sold on a like credit as soon as practicable after my decease the money when collected to be equally divided between by ten children last mentioned giving my son TANDY K. WITCHER two shares and the other nine one share each.

It is also my desire that the executors of this my last Will and Testament should discover that any of the above mentioned property left on the plantation be wasting or about to be destroyed they the executors shall make such arrangements to secure the property as they shall think proper leaving a plentiful supply for the widow so that all the profits arising from the property last mentioned above shall be disposed of in the manner above mentioned.

And lastly I do hereby constitute my two sons TANDY K. WITCHER and LACY WITCHER executors of this my last will and testament by me hereby revoking all other former wills or testaments by me heretofore made by me in witness hereof I have hereto set my hand and seal this 5th day of January 1815.

DANIEL WITCHER (signature)

Signed, sealed and published and declared to be the last will and testament of DANIEL WITCHER, deceased, was produced in open court (unreadable words) execution thereof (unreadable words) of DANIEL YOUNG the above named DANIEL WITCHER in presence of us who at the request and in his presence have hereunto subscribed our names DANIEL YOUNG, GEORGE GOAD, JAMES WITCHER

State of Tennessee, Smith County, February term, 1815. When the last will and testament of DANIEL WITCHER, deceased was produced in open court and the due execution thereof proven by the oaths of DANIEL YOUNG and JAMES WITCHER witnessed thereto and on motion ordered to be recorded and qualified and entered unto bondand security as the law directs. Letter testimony is herefore granted accordingly. A copy Test Robert Allen, Clerk Smith County.

GEDCOM Source

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