Jesse Mathew Nichols

WILL of JESSE NICHOLS

Transcribed by Resa Hennings Click Here for comments

In the name of God, amen this 27 day of November one thousand Eight hundred and five. I Jesse Nichols Sr. of the County of Smith and State of Tennessee, being of perfect memory but weak and low in health, do make and ordain this my last will & Testament in manner & form following that is to say

Item- I give to my son Robert Nichols a Negro Boy, by the name of Joel one Horse, bridle & Saddle one feather bed and furniture, two Cows and Calves, some pewter & knives & forks, which he had in possession.

Item- I give to my Daughter Feby Parker, a horse saddle & bridle one feather bed & furniture two Cows & Calves pewter knives & forks which she had in possession.

Item- I give my son, John Wilson Nichols a certain tract of land on the waters of Black Walnut in Halifax County Virginia also one Horse, saddle & bridle, one Cow & Calf one feather bed and furniture, pewter knives & forks which he has also had possession.

Item- I give to my Daughter Polly Wade, one Negro Girl by the name of Milley & her future increase to her during her natural life & at her death, I give the same to her children.

Item- I give to my son Bird Nichols one horse, saddle, and bridle one feather bed & furniture a dish plates knives & forks which he has now in possession. Item- I give to my Daughter Sally Nichols one Negro Girl named Ame, & her increase, to her and her Heirs forever, I also give her a Womans saddle which she has in possession. Item- I give to my son William Nichols one horse saddle & bridle, which he has possession of. Item my will and desire is that my beloved wife Lucy Nichols shall keep the residue of my estate not already disposed by this my will at her discretion, so long as she lives and at her death my will & desire is that the rest of my children (to wit) Jesse, Mathew, Lucy, Joel, Nancy, Betsy, James & Henry Nichols shall have as great a portion of my estate as the rest of my children which I have already provided for and after they have b?'d there legacy, should there be a balance of my estate left then and in that case, I give and bequeath it to be equally divided among the whole of children named in this my will. My will & desire is that my children Polly Wade, Bird Nichols, Sally Nichols, William Nichols, Jesse Nichols, Mathew Nichols, Lucy Nichols, Joel Nichols, Nancy Nichols, Betsy Nichols, James Nichols & Henry Nichols shall have a great a proportion of my Estate as I have give to each of my three children Robert Nichols, John Nichols, & Feby Parker, and whereas I have upwards one Thousand dollars due me, in the state of Virginia, my desire is as soon as that money can be collected that my wife may purchase the tract of land whereon I now live and should there be an overplus of money left after purchasing the said tract of land, then my desire is that the money be laid out, elsewhere, for land, and at my wife's decease, I direct the same to be equally divided between my children Polley Wade, Robert, John, Bird, Jesse, Sally, William, Mathew, Lucy, Joel, Nancy, Betsy, James & Henry Nichols.

Item- I lend unto my Daughter Feby Parker, one Negro woman, named Rose during her natural life, & at her death I give her and her increase to be equally divided among my children Robert, John, Bird, Jesse, Sally, William, Mathew, Lucy, Joel, Nancy, Betsy, James & Henry Nichols & Polly Wade, and last I do constitute and appoint my friends John W. Mann and Zachary Ford and my beloved wife Lucy Nichols Executors to this my last will and Testament breaking & making void all former wills by me made--- In witness whereof I have hereto set my hand & seal the year & day above written.

                            Jesse Nichols   (seal)

In presence of
David Rowland Jurat

Ginney Porter

Thomas Pentecost Jurat

John C_?_

Will Transcribed by Resa Nichols Hennings

NOTE: This will was written in beautiful flowing script and the signature is in the same handwriting as the text of the document. I imagine Jesse dictated his wishes to the County Clerk, a common practice in those days. Jesse's will provided for wife, Lucy, to have a life estate. A final accounting of the estate could not be done until after her death--and then it took almost eight years to complete! Regarding the executors Jesse named--Lucy died in May of 1845, Zachary Ford was dead by 19 Aug 1845, and John W. Mann was dead by Nov 1845. John's son, Stephen Mann, became Administrator Debonas Non. Lucy outlived many of her children and her deceased children's inheritances passed on to their children. There are numerous documents in the Circuit Enrollment Book 1843-1856, Smith Co, TN concerning the settlement of Jesse's estate. Suit was filed, apparently, because of a disagreement concerning 222 acres of land, to sort out who the legatees were, and to decide just who was to receive what--it was most confusing.

Jesse made his will: 27 Nov 1805

        Jesse died:    1805

Will proved: Jun 1806
Lucy died: May 1845
Final Settlement: 3 Feb 1853
Jesse and Lucy MANN NICHOLS are my 4g grandparents; I descend through their son, Bird. Jesse is the son of John NICHOLS and Mary OWEN. John's will was probated 22 Apr 1774 in Halifax Co, VA. I do not know who John's parents are--he has been a brick wall for years. Mary is the daughter of Richard and Elizabeth OWEN (is Elizabeth actually Sarah Elizabeth "Betty" ROWLAND, as some researchers say?). Richard's will was also probated in Halifax Co, VA--17 Jun 1756. Lucy MANN is the daughter of Robert MANN and Phoebe VADEN. Robert's will was probated in Halifax Co, VA 17 Feb 1780. Jesse NICHOLS and his father-in-law, Robert MANN, are both DAR Patriots.

Resa Nichols Hennings

resa@resa.us

• Reference: MyHeritage Family Trees - SmartCopy: Oct 11 2018, 9:16:38 UTC

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Listed as a Revolutionary War patriot by Daughters of the American Revolution.

Some sources give 1750 as death year.