BLOUNT COUNTY, TN - WILLS - John Montgomery, 27 Aug 1830 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Suzanne Haley nolefan1@mindspring.com ==================================================================== JOHN MONTGOMERY, Blount County TN Will Book, August 27, 1830; pages 95, 96, 97. I, JOHN MONTGOMERY of the County of Blount and State of Tennessee, being of sound mind and memory do make and ordain this my last will and testament hereby revoking all others. In the first place, I desire my body to be decently burried. I then allow all my just debts to be punctually paid. The ballanse of my estate I then wish divided amongst my children in the following manner. To my daughter BETSEY THOMSON, I leave the sum of fifteen hundred dollars in property, she having already received a part of her share of my estate as will appear by reference to my books. To my daughter SUSAN I leave the sum of eighteen hundred dollars in property. To my daughter Susan I also leave my black woman Jean and her three children Vilet, Elvira and Albany. To my son JAMES I leave my black boy Ham's (??) To my son John I leave my black boy Mourney (?). To my son William I leave my black Cesar and Jacob. To my son ROBERT I leave my two black boys, David and Ben. I allow my yellow Anaky?? be free at my death. I allow my yellow man Bill to stay on the farm to assist in raising my children for the term of five years and at the expiration of that period I allow him to be free provided in the opinon of my Executors his orderly and regular conduct is such as would warrant or deserve his freedom. To my little granddaughter MARTHA JANE CALDWELL, I leave my black girl Fanny. The ballanse of my estate I wish to be equally divided amongst my four sons JAMES, JOHN, WILLIAM and ROBERT, so as to give to each one an equal share as near as possible. My son JAMES has already received one thousand dollars of his share of my estate including the boy above named. The plantation in which I now live I wish divided in the following manner. I leave all that part lying west South and north of the creek together with the mill and appertenances, and the benefit of the water so as not to injure any of the springs to my son James to run down the creek to the fork then up the Saw Mill Creek to the road leading to Armbresters & Andrew C. Montgomerys and with that road to the extent of my survey in that direction. I also leave to my son James the one-half of my dry land plantation to be so divided as to give to each a fair division of lumber. The ballanse of the farm on which I leave to my son John, together with the other half, my dry land place. I also leave to my son John my wagon and four pair of steers with two horses, two large and two small plows and two Genu (?) harrows also all my blacksmith tools. I leave to my sons William and Robert my Nine Mile farm. I allow my executors to set a fair estimate on all my property and to give to each of my children as fair and equal division of my property as practicable that is owing my four sons. I allow my little sons William and Robert to be raised by my son John on the farm and for this, I allow him five hundred dollars more that the others. He must have as much of the stock as will be necessary to raise the family which is to be estimated and to be considered as so much of the five hundred dollars to be allowed him. I allow my Executors to sell my Burns (Bones) farm and the proceeds to go to William and Robert. I wish the rents of my Nine Mile farm to be applied to the educating William and Robert. I wish them to get a good education. Should my executors unanimously agree that it would be for the benefit of my two little sons to sell my Nine Mile plantation and my Bones (Burns?) place they are hereby authorized empowered to do so and I do hereby vest them with power and authority to sell and convey the same but they are not to make the............. & the money in proceeds of these farms I wish put to interest for the benefit of William and Robert. My land & stock and cash due me on bonds or notes when collected I wish divided amongst my children. My two daughters Betsey Thomson and Susan to have their share in properties to the same alloted them and to prevent misunderstanding on this point. The cash part of my estate is to be so divided that my four sons will receive as much larger proportion of the cash as they are allowed larger portion of property. Although I have named to each of my sons their particular property, should my executors find it impossible to give to each an equal share in that account, I herby authorize them to make such changes in the property as will enable them to make them all as nearly equal as possible. Still allowing to the who may raise and take care of my younger children, five hundred dollars more than the others and should it so happen that my son John who is agreed to the first part of this will to raise my little sons William and Robert and for it, to be allowed five hundred dollars. Should he not be willing to undertake the same or at any time refuse to attend to and raise them, then James may if he will undertake in John's place and in that event James is to have all that division of property, land, negroes and what I left to John and John is then to take all that property, land I left to James. As a reward to my daughter Betsy Thomson for her attention to me in my sickness and as a testimonial of my affection to her for her services to my self and my two little sons who may require much of her attention in their raising, I leave to her my yellow girl Cloe over and above the fifteen hundred dollars above named. I allow my children to be fed and clothed on the farm as heretofore. I allow my daughter Susan in addition to other allowance two beds, bedsteads and furniture, one bureau and one china press with a portion of the furniture. To my little sons, one bed bedstead and furniture to each and to my son John one bed bedstaead and furniture. Having heretofore donated to Porter Academy half an acre of land on which the trustees have built a house I hereby authorize my executors to convey the same running along the road as design in a parallelogram. I leave to my son James my secretary and book case with an equal proportion with my other sons of the library. I leave to my son John my clock and case. To avoid any difficulty or dispute I allow and wish it understood that my son James to whom is left the mill and the ....ase of the water of the creek is also to have the rights of the banks of the dam for the purpose of digging or repairing the mill dam. All my other household & kitchen furniture and the other moveable property not specified or named after all the foregoing bequests I allow to be divided among my four sons and my daughter Susan. I name and apppoint my sons JAMES P. MONTGOMERY and JOHN MONTGOMERY guardians for my little sons William and Robert. I hereby name and appoint as my executors of this my last will and testament my son James P. Montgomery , my son-in-law Jesse Thomson, Doctr Samuel Pride and James Berry and having full confidence in the integrity of these my executiors, I do not wish to impose upon them the burthen of that kind of securityship or bond now required by law. It is therefore my wish that the court require of them nothing more than the oath required by law. In testimony to the foregoing I had hereunto set my hand and affix my seal this twenty-seventh day of August in the year of our Lord one thousand eight hundred and thirty. J. Montgomery Witnesses: William Love (?) Robert McNutt