HENRY P. GAINES' WILL

I Henry P. Gaines of the County of Carroll and State of  Tennessee  being
of sound mind and disposing memory do hereby make and publish this as  my
Last will & testament hereby Revoking all other  wills  by  me  hertofore
made

Item First It is my will and desire that  all  my  Just  Debts  &  Burial
expences be paid out of the whole prophets

Item Second It is my will and desire that my youngest Son Marcellas if  I
should die any time during the present year should  have  Six  Hundred  &
fifty Dollars which said amount should be Taken out of the whole  profits
before divided or out of the money on hand.

Item 3rd. It is my desire that none of my Negroes Should be Sold but  all
be divided as herein after named.

Item 4th It is my desire that there should be two Divisions of my Negroes
the one a special Division and the other a General division.

Item 5th It is my desire that Tony Charles Sim Mary Bin & Chainey be  the
special Negroes to be divided equally between the children of my  present
wife.

Item 6th It is my wish that  the  above  named  Negroes  in  the  special
division shall be divided equally among the children of my  present  wife
including girl Mary given by me to my  daughter  now  Lucy  Roulston  the
evidence of which gift is now on record in Huntingdon I value  said  girl
at one Thousand Dollars is come out of Ralston part

Item 7th As to all the Ballance of  my  property  and  effects  of  every
discription except the negroes in the above special bequest and also  the
effects heretofore disposed of by me It is my will that my  son  John  P.
Gains who now lives in Mississippi  Should  be  an  equal  heir  with  my
children by my  present  wife  with  this  exception  I  have  heretofore
advanced my son John four hundred  dollars  for  which  I  now  have  his
Receipt the four hundred dollars is to be taken for what is going to  him
and also four hundred dollars heretofore advanced to my  son  Burnard  M.
Gains is to be taken out of what is going to him. It is further  my  will
that the Negro girl Ama without her increase heretofore given by me to my
Daughter now Virginia Hughes the evidence of which give is now on  Record
in Huntingdon & valued at one thousand dollars is to be taken out of  her
part in this general division.

Item 8th. It is my desire that my Land containing about 465 Acres at this
time in case of my death Shortly should not be sold but  equally  divided
between all my said children John included reserving 65 Acres off of  the
south end which is to be reserved with the Improvements for  the  Benefit
of my wife for and during her natural life.

Item 9th. It is my desire that my son John P. Gaines if he is disposed to
do so sell his part of said Land to one of the Heirs But rather he  would
not sell to any person during my wifes lifetime.

Item 10th. It is my desire that Tony & Ann Negroes  named  in  the  above
special Division Remain and be with my present wife  during  her  natural
life.

Item 11th. It is my desire that all the  property  of  every  discription
above disposed of in every way and form  to  my  said  Daughter  Verginia
Hughs be settled on her & her children Just in the same way &  manner  in
which Negro girl Amy is  deeded  to  her  &  her  and  is  on  Record  in
Huntingdon and that the said W. H. Hughs shall never carry nor convey any
of said property to any other state without first giving Bond with  ample
security for double the amount for the nontransferance of  said  property
in any shape or form whatever either in equity or common Law  the  Reason
why I thus make this request is founded on this conclusion  that  whereas
he is now sold out of all that he was possessed of and yet in debt  to  a
considerable Amount there might be danger in  Removing  the  property  to
another state and its coming in conflict with  the  Laws  of  said  other
State.

Item 12th. It is my desire that all the property  that  may  fall  to  my
Daughter now Lucy Ann Rolston in the above division should be Settled  on
her & her children just as girl Mary is deeded to her and  on  Record  in
Huntingdon.

Item 13th. Be it distinctly understood by all that my desire is that  all
the Negro propperty that shall be valued at said  division  shall  be  in
strict accordance with my own valuation put on two Negroes Mary  and  Amy
as deeded to Virginia & Lucy.

Item 14th. It is my desire that all the property that shall  fall  to  my
Daughter Marandy Gaines in the a bove division shall be  settled  on  her
and the Legal children of her body but if she dies without  children  the
property herein refered to return to my said Estate.

Item 15th. Last of all is that it is my will  and  desire  that  all  the
disposition & bequests here on and above made Known  by  me  be  strictly
Executed & Carryed out by Executors B. M. Gaines & George Rolston.

Item 16th It is my desire if I should die any  time  during  the  present
year that everything should go on the Farm asit is  now  going  one  that
everything should be kept together untill Christmas and that my son Henry
should be allowed one Hundred & seventy five  Dollars  for  his  services
during the present year.

Henry P. Gaines Senior (Seal)

Signed and sealed in the presence of witnesses Test  Wm.  R.  Snead  John
Dickerson

State of Tennessee ) Carroll County ( January Term 1861

At the above term of said court a paper  writing  was  produced  in  open
court and offered for probate and was duly proven by the testimony of Wm.
R. Snead & John Dickerson of which the foregoing is a copy test.

W. H. Graves Clerk