CANNON COUNTY, TN - WILLS - John Higgins, 1 Apr 1838 ----¤¤¤---- Cannon Co.Will BK A,pp.10-13 John Higgins Last Will & Testament In the name of God Amen. I John Higgins of the County of Cannon and State of Tennessee, Being now sick and weak of Body, But of Sound mind and disposing memory, for which I thank God And calling to mind the uncertainty of Human life and being desired to dispose of all Such worldly Substance as it hath pleased God to Bless me with. I give and Bequeath the same in manner following that is to say- 1st I Desire that Immediately after my decease so much of my perishable property be sold and out of the monies arising therefrom all my Just Debts be paid and also funeral Expenses. 2nd After the payment of my debts and funeral Expenses I Give and bequeath to my wife Mary Higgins one negro woman named Claria and one negro boy named Ben, also the plantation Whereon I now live, also one Brown Horse three years old and one grey mare, also two cows & calves and one small Beef her choice, also as much of the Household and Kitchen furniture as she may think necessary for own use also as many farming utentials as she may think necessary for her own use. Also two sows and pigs her choice and ten shoats her choice, also twelve head of sheep her choice, also the whole stock of Bees, also her Saddle and Bridle and Blanket. Besides I give and Bequeath to my wife Mary Higgins one hundred and fifty dollars in specie now on hand, all of the aforesaid to be Enjoyed by her for and during the term of her natural life. I also desire that after her decease that the afore named negro woman Claria be set at Liberty and in case the said negro woman should be found not in a capacity to support herself I desire that the said Negro woman be Equally supported amongst my children and after the decease of my wife Mary Higgins, I desire that all the property left by her be Immediately sold and Equally divided among my children hereinafter named and to be enjoyed by them and their heirs forever. 3rd I Give and Bequeath to my daughter Elizabeth Milligan one negro girl named Susan. I also Give and Bequeath to my Daughter Nancy Tittle one Negro Girl named Mariah. I also Give and bequeath to my Daughter Mary Tittle one negro girl named Lucy to be enjoyed by them & their heirs forever. And my Desire is that the said Girls be valued and if in case they amount to more than their proportionable or Equal part that they my aforenamed Daughters shall refund Back so far as to bring all to an equality (that is to say an Equal part of my Estate) and my desire is that Jehue McMinn, George Bogle and Anthony Owens should value the aforesaid negro Girls on a twelve month credit. And my desire also is that my three negro boys (namely) George,Jim & Jack Immediately after my Decease be sold on a twelve month credit to the Highest and to be purchased by my heirs and I do also desire that the residue of my property Immediately after my decease be sold that is to say all my Land with the Exceptions of what have been heretofore reserved with all my other property with the exception of what have been heretofore reserved and the proceeds in money arising therefrom to be equally divided among my children herein after named together with all my notes& bonds & cash on hand so much cash excepted as have been heretofore reserved that is to say Elizabeth Milligan,Sally Moorey,Westly Higgins,William Higgins,Alexander Higgins, Elijah Higgins,Margaret Armstrong,John Higgins,Nancy Tittle,James Higgins, Polly Tittle the same to be enjoyed by them and their heirs forever. I also desire that after my decease Jehu McMin and George Bogle should layoff one years provisions for my wife Mary & family. My will and desire also is that no controversy arise about a negro Boy named Shearman who died in the possession of my son James. Seeing the property of said boy was vested in myself therefore my son James shall not be accountable for said boy. And Lastly, I do hereby constitute and appoint my friend Jehu McMin and George Bogle Executors of this my last will and Testament hereby revoking all others or former Wills or testaments by me heretofore made. In Witness Whereof I have hereunto set my hand and affixed my seal this 1st day of April in the year of our lord one thousand Eight hundred & thirty Eight. John Higgins (his mark) Wit: Nelson Owen, Thomas Standley Cannon Co.,TN Minute Bk,Vol A 1836-1841 May Term 1838,p. 289 A paper writing purporting to be the last will and Testament of John Higgins decd. was this day produced in open court for probate and was proven in part by Nelson Owen one of the subscribing witnesses thereto, And upon the affidavit of John McMin and James Higgins who being also sworn depose and say (p 290) that they were present when the Will was signed by the Testator and that they heard him acknowledge the same to be his last will and Testament and it appearing to the satisfaction of the court that the said paper writing is in fact the last will and Testament of the said John Higgins decd. It is therefore admitted to record And on motion It is ordered by the court that George Boyle and John McMin be qualified as Executors of said will which being done the said Boyle and McMin Entered into Bond in the sum of Eight thousand dollars together with their securities Joseph H. Boyle and Hiram T.Tittle conditioned and payable as the Law directs, Whereupon letters Testamentary were Granted them upon said Estate. Elijah Higgins Deed 50 acres to John Higgins The execution of a deed of conveyance from Elijah Higgins to John Higgins for fifty acres of land Lying in Cannon County bearing date the 23rd day of May was this day duly proven in open courts by the oaths of Hiram Tittle and James Milligan subscribing witnesses thereto And on motion It is ordered by the court that the same be certified for Registration. p.291 Elijah Armstrong Deed 25 acres to John Higgins The execution of a deed of conveyance from Elijah Armstrong to John Higgins for twenty five acres of land in Cannon County bearing date the 18th day of October 1830 was this day proven in part by the oath of James Milligan one of the subscribing witnesses thereto the other witness not appearing to qualify. p. 293, Monday, 4th of June 1838 George Boyle [Bogle] one of the executors of the estate of John Higgins decd. this day made a report of the account of sales of the real and personal property belonging to said Estate and was duly qualified to the same in open court And on motion It is ordered by the court that the same be Admitted to record. ___________________________________________________________________ Copyright. 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