Carter County TN Archives Wills.....Nelson, David May 16, 1843
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File contributed for use in USGenWeb Archives by:
Jerry Stout jerrystout@sbcglobal.net June 7, 2007, 7:35 pm

Source: Microfilm - Carter Co. Tn Wills Vol. 2
Written: May 16, 1843
Recorded: October 1850

CARTER COUNTY, TENNESSEE WILLS – VOL. 2, Oct. 1850-Sept. 1920

Transcribed from Microfilm, [Tennessee State Library & Archives Roll No. 101 

Carter County-County Clerk Wills]

Pages 1-4  Monday, October Term 1850

	Then was The Last Will and Testament of David Nelson deceased was 

exhibited in open Court by Thomas A. R. Nelson the executor named in said will 

for probate.  And thereupon Jacob Cameron one of the subscribing witnesses to 

said will bearing date the sixteenth day of May 1843 in the presence and at 

the request of David Nelson the testator who acknowledged the same to be his 

last will and testament, and who was of sound mind and disposing memory at the 

time said will bears date.  And a subpoena having been issued by the 

directions of this Court at the instance of the executor named in said will 

for Thomas Badgett and Mason R. Lyon two of the subscribing witnesses to said 

will and also for Thomas P. Ensor and John Singletary as witnesses in this 

matter and it being shown by the return of Samuel Angel a Deputy Sheriff of 

Carter County endorsed on said Subpoena and bearing date this day that Thomas 

Badgett is not to be found in his county and is now absent from this State and 

that Mason R. Lyon is not to be found in his County and resides out of this 

State probably in Alabama and it is further proved before this Court by the 

oath of  Thomas P. Ensor a witness duly sworn and examined in open Court that 

Madison T. Ensor the other subscribing witness to said will has departed this 

life the Court proceeded to hear secondary proof (in addition to the testimony 

of Jacob Cameron the only subscribing witness to be found) touching the 

(illegible word) of the last will and testament.  And thereupon it was proved 

in open Court by the evidence of Thomas P. Ensor a witness sworn and examined 

in open Court that he is acquainted with the handwriting of Madiosn T. Ensor 

one of the subscribing witnesses to said will and that he believes the 

signature of Madison T. Ensor as a witness to said will is genuine and it was 

also proved in open Court by John Singletary and Jacob Cameron witnesses duly 

sworn and examined in open Court, that they are acquainted with the 

handwriting of Thomas Badgett and Mason R. Lyon two of the subscribing 

witnesses to the said will, and that they believe the signatures of each of 

the said witnesses to the said will are genuine and in their own proper 

handwriting respectively.  The handwriting of Mason R. Lyon and genuiness

(sic)  of his signature as a witness to said will was also duly proved by 

Alfred W. Taylor witness duly sworn and examined in this Court and it was also 

duly proved by the said Jacob Cameon Alfred W. Taylor and John Singletary that 

they are severally acquainted with the handwriting of David Nelson the 

testator that the signature to said will is genuine and is the handwriting of 

said David Nelson and also the signature “D Nelson” at the first of each of 

the five preceeding pages of the will.  It was therefore ordered by the Court 

that the said paper being dated the sixteenth day of May 1843 be recorded as 

the Last will and testament of David Nelson deceased.  And therefore the 

Thomas A. R. Nelson the executor named in said will was duly qualified as such 

in open Court and being provided in said will that said executor shall not be 

requested to give any security whatever for the discharge of his duties as 

executor and is therein expressly (illegible word) from doing so, it is 

ordered by the Court that letters testimony shall be issued to the said Thomas 

A. R. Nelson as executors of the last will and testament.



	Will – I David Nelson of the County of Carter and State of Tennessee 

knowing the uncertainly of human life and being of sound mind and memory do 

make ordain and publish this my Last Will and testament.

	First it is my will that out of the property real and personal which I 

may possess at the time of my death and also out of the debts which may be 

owing to me, my executor hereinafter named shall pay all just debts I may owe 

at that time.  

After the payment of my debts, I dispose of remainder of my property as 

follows.

    Second I will give devise and bequeath to my wife Phoebe Nelson the house 

and lot in Elizabethton where I now live adjoining Jacob Cameron’s lot, and 

all buildings thereon to her and her heirs forever in fee simple.  In the 

event I should survive my wife then I direct that said house and lot shall be 

sold by my executor herein after named and the proceeds applied towards the 

payment of my debts, if it is necessary to sell the same for that purpose but 

if it is necessary to see the same for that purpose then it is my will that 

the title thereto be vested in fee simple in my son Thomas A. R. Nelson to  be 

disposed of at his pleasure but on the expressed truth and conditions that he 

shall support and maintain my daughters Lydia Eliza and Martha Jane Nelson so 

long as they remain single or until the value of said property is exhausted if 

it should be exhausted before they marry it being my intention that said trust 

is to cease as to my said daughters respectfully when they or either of them 

shall marry.

    Third I give and bequeath to my wife Phoebe Nelson all the household and 

Kitchen furniture, cows hogs farming or garden tools and implements corn hay 

fodder  bacon flower meal potatoes and any crop or vegetables growing at the 

time of my death for the support of herself and such of my unmarried children 

as may be living in my family at that time and such slaves as are herein after 

given to them so long as said property liable to be consumed in the may last 

provided such unmarried children obey the rules of her house.

    Fourth  I will give and bequeath to my son Carrick W. Nelson in fee simple 

the tract of land supposed to contain 5000 acres lying in Carter County and 

known as the Pond Mountain Tract of  land.

    Fifth  I will and bequest to my said son Carrick W. Nelson the negro girl 

Harriet now in his  possession.

    Sixth  I will and bequeath to my daughter Mary W. Swingle my negro girl 

Charlotte now in her possession And that of her husband to the sole and 

separate use of the said Mary W. Swingle during her natural life, (D Nelson) 

with remainder over to her children Ann and Henry C. Swingle and any other 

lawful children the said Mary W. may have living at the time of her death or 

to the survivor or survivors of such children.

    Seventh  I give and bequeath to my daughter Lydia Eliza my negro girl 

Sarah to the sole and separate use of my said daughter during her natural life 

with remainder are to any lawful children which the said Lydia Eliza may have 

at her death.

    Eighth I give and bequeath to my daughter Martha Jane Nelson my negro girl 

Elizabeth to her sole and separate use during her natural life with remainder 

over to any of her lawful children which she may have living at her death.   

But upon the express condition that said slave shall not be disposed of by 

said Martha Jane who in consequence of disease is of weak mind without the 

assent of her executor, and also upon the expressed condition that my executor 

shall have the power to control and manage said slave as he shall deem best 

for the interest of said Martha Jane.

    Ninth  It is my will that my executor shall pay my debts if he can out of 

the debts which may be owing me at the time of my death, the goods, wares, 

merchandize and iron then on hand, and also my store house and the lot which 

it stands and other buildings connected with it stand.  If my debts can be 

paid without a sale of property I would prefer it.  If not my executor is 

authorized (D Nelson) to sell at public or private sale any property real or 

personal that may be necessary to the payment of my debts.  It is my will that 

the said store house and buildings and the lot on which they stand, the debts 

that may be owing to me and the goods wares and merchandize and iron of which 

I may be possessed at the time of my death, and forming part of the capital of 

any store be a common fund out of which my debts are to be paid and after the 

payment of said debts that the remainder of said property be equally divided 

among my wife, Phoebe and my sons Thomas A. R. Nelson, James W. and Moses W. 

Nelson the entire management of said property is to rest with my executor.  If 

he can pay my debts out of the same and carry on the store during the lifetime 

of said Phoebe Nelson it shall be discremitary with him to do so or not as he 

may deem advisable.  In the event he carries on the store for five years or 

causes it to be (illegible) a division of the said property is not to take 

place until the expiration of that period and the said Phoebe is to be 

supported together with such of our unmarried children as  may live her out of 

the proceeds of said establishment.  And my executor is to elect within one 

year from my death whether he will have store carried on or a division of said 

property as herein provided for.

    Tenth  If on a division of the proceeds of the property mentioned in the 

ninth request in this will the (D Nelson) shairs of the said Thomas A. R. 

James W. Moses W. and  Phoebe Nelson should not each amount to four hundred 

dollars then it is my will that my executor pay to my son Jas W. Nelson 

whatever amount his share may lack of being four hundred dollars: it being my 

intention that the said James W. Nelson shall receive the provisions made for 

him in this will in lien of any demand or demands whatsoever which he may have 

against me.  I will devise and bequeath to my son Moses W. Nelson in fee 

simple my tract of land in Johnson County containing five thousand acres more 

or less.

    Eleventh  I will give devise and bequeath to my son Thomas A. R. Nelson 

all other property real or personal, or mixed of which I may be in possession 

or to which I may have any claim at the time of my death and which is not 

herein before specifically bequeathed or devised but upon the expressed 

condition that the said Thomas A. R. Nelson shall cause his mother to be 

decently but plainly clothed and maintained during her life, provided she 

cannot be clothed and maintained by the property herein before given to her 

and also upon the expressed conditions that he shall cause his sisters Lyda 

Eliza and Martha Jane to be in like manner clothed and maintained so long as 

they remain single and continue to reside with their mother: but nothing 

herein contained shall prevent the said Thomas A. R. Nelson from disposing of 

any part of the property herein devised or bequeathed to him at any time or 

any mode he may desire.  (D Nelson)

    Twelfth  I hereby nominate and appoint my son Thomas A. R. Nelson sole 

executor of this my last Will and testament, hereby revoking and annulling all 

former wills made by me and hereby resting my said executor with the power of 

executing this will either personally or by his lawful authorized agents.  And 

it is my desire and will that my said executor shall not be requested to give 

any security whatever for the discharge of his duties as executor, but he is 

hereby expressly exonerated from doing so.

    In Witness whereof I have hereunto subscribed my name to this will,  

consisting of this and five foregoing pages, on this sixteenth day of May 1843 

in the presence of the following persons who at my request and in my presence 

have subscribed their names hereunto as The Witnesses.		

     

On page 5 giving a legacy to Moses W. Nelson was made before the signing and 

sealing of this will.

Madison T. Ensor

Thomas Badgett				David Nelson (seal)

M. R. Lyon

Jacob Cameron











Additional Comments:
Note by transcriber: David Nelson was listed on the 1850 census Carter Co. TN—

Dist. 7 which was taken by his son, Carrick W. Nelson on Sept. 4.  Carrick 

added this note “my father Died Sept. 2”.

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