CLAIBORNE COUNTY, TN - WILLS - John "Squire" Hurst, 22 Aug 1860
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Will of John "Squire" Hurst, 1867, of Claiborne County, Tennessee

I, John Hurst, in view of the uncertainty of life, and being desirous of
having my property disposed of after death according to my desire in life, and
being now of sound mind and disposing memory do make and publish this is my
last Will and testament, hereby revoking and making void any other wills or
Testaments by me made at any time heretofore.

First.  I desire that all my debts shall be paid as soon is possible after my
death out of any moneys that I may have on hand at my death or that may come
into the hands of my Executor to be herein after ordained.

Second.  Whereas I have heretofore given and advanced lands to some of my
sons, and given them money and other property, and have not given my son John
Hurst any lands or made him any advancement, and being desirious to hereby in
the first place bequeath to him land and other property to sufficient to make
his share equal with the advances already made to my other sons, I do
therefore hereby will and bequeath to my said son John Hurst the following
described tract or parcel of land lying and being in the State of Tennessee,
and county of Claiborne, and in the 6th Civil District of Said County lying on
the waters of Cedar Fork and Russell Creek, and being the same tract on which
my son Leroy Hurst now lives, and on which there is a Store House, at which
John S. Evans & Brother now sell goods and which is more particularly
described and bounded as follows to wit:  Beginning on a ledge of rock on the
[illegible] line in the roads leading from the house in which I now reside to
the Mulberry Gap Road, thence running with said roads leading from my house in
which I live, and with the line of Floyd Hurst, and James C. Hurst about N 24
West 135 poles, the said line is to be bounded by the said lines of Floyd and
James C. Hurst, and if it becomes necessary to change the course before
getting the 135 poles it is still in the change of course to be bounded by the
line of James C. Hurst, the end of the said 135 poles to terminate at a stake
thence a southwestwardly direction the North side of a hill or ridge as near
half way between the top of said ridge or hill and the foot of the same as
feasible (it is my desire in this line to Equally divide the steep lands on
the North side of said hill or ridge, and by half [illegible] the top of said
ridge or hill, and the foot of the same, I mean half of the steep land without
any reference to any level land that may be between the steep parts of the
hills or ridge and the creek to a road or pathway or to a take in the said
pathway, and being opposite the south end of said bridge thence up the
Southern bank of Russells Creek, passing the mouth of Cedar Fork Creek and
running with the meanders of the said Southern Bank of Russell's Creek to a
stake at a point fifty yards below a spring called the Ru.... Spring, the
stake being on the South Bank of of Russell's Creek and the said spring on the
North side of said creek, thence crossing said creek a North West course then
five poles to a stake thence a South Westwardly direction to a poplar corner
on the South of a hill side and on the North side of Russells Creek, the said
poplar standing on Mark Hurst's line, this said poplar is marked as an old
corner.  Thence running with said Mark Hursts line a South East direction, and
running also with the old Wallen Grant line, and crossing the Creek to a point
where the John Jennings line intersects the said Wallen Grant line.  Thence
Eastwardly & Southeastwardly with said Jennings line to the back line of the
Howards Tract, the same being the South line of of the Howards Tract.  thence
with said Howards line to the beginning, the said [illegible] containing 150
acres, be the same more or less.

Third.  It is my desire that my Executor to be hereafter mentioned shall rent
out said land until my said son John shall arive [sic] at the age of Twenty
one years or marries, and the rents and profits arising from said lands to be
paid him when he shall arrive at the age of Tweny one years or marries.

Fourth.  I bequeath to my said John a gray horse which I now have, and which
is three years old.

Fiffth.  I bequeth to my said son John Hurst the sum of one hundred and
seventy dollars to be paid to him by my Executor out of any money I may leave
at my death or may be colleced by my Executor, after paying my debts for the
purpose of buying him (said son) a saddle and bridal, and for the purpose of
educating himself or any other purpose he may wish.  All the bequest
hereinbefore maid [sic] to my son John and intended to be as an Equivalent for
the advancements made to my sons and daughters by my first wife, and although
I only referred to my lands the first part of this clause, it is intended to
refer to both sons and daughters except my son Neil Hurst for whom I will
hereafter make provisions.

Sixth.  I will and bequeath to my son Neil Hurst who is now a lunatic or
person of [illegible] minds the sum of five hundred dollars, but will it to
him with the following specifications, that it he............his own business
again ........after my death then the sum with all interest that may accrue in
the same shall be paid to him, but if he should not be of sound mind within
that.....said sum to...... .......  restored to his mind and become .....
.......... his own business in said time.... .... said five hundred dollars,
and its interest as aforesaid to revert in equal shares to his said above
brothers and sisters that are now living And I direct that my Executor shall
....... any estate upon ......

Seventh.  I will and bequeath to my Grand Children Marshall Hurst and Gordon
Hurst, the sons of my son Milton Hurst deceased, the sum of five hundred
dollars each and which is to be paid to the regular guardian by my Execuor
when the settling up of my Estate, and to be paid to my said Grand children
when they arrive at the age of Twenty one years, the said bequest to be paid
at interest by their said Guardian, and the interest and principal both to be
paid at the same time, and which said bequest taken with what has herefore
been given them and their father is all they are to have out of my estate
under any contingency whatever that may hereafter happen [illegible] of any of
my chidren or any other cause whatever.

Eighth.  I will and bequeath to my wife Nancy K. Hurst my bay buggy horse, two
beds and furniture for the beds, two [illegible] of making choice of said
beds, bedsteads, and bed clothing, and also to have a good bridle and the
Saddle which I now have for her use, also provisions for one year, support for
her to be allowed to her by the county Commissioners, or if she prefers, she
can have at her election the sum of one hundred and fifty to be paid hereby my
Executor out of any mones he may have belonging to my Estate.  She is to make
her election, and take which ever she prefers, and if she elects to take the
money instead of the years support, said Executor shall pay for said sum out
of the first money that goes into his hands.  I also herein bequeath to my
said wife the sum of Three hundred dollars to be used by her in raising and
educating my daughter Florence.

Ninth.  I will and devise that all the real estate of which I may die seised
[sic] or which I may own, except that which is herein specifically bequeathed
or devised shall be sold by my Executor, at Public sale after advertising the
time and place of selling the same in some two newspapers and by hand bills
printed and set up in all the Counties that adjoin the County of Claiborne,
Tennessee at trust three months before the day of Sale.  And I direct that the
said real estate be sold by my Executor without invoking the aid or permission
of any Court, and that the same be sold upon a credit of one, two, and thee
years taking notes and surety, and retaining a lien on the land until the last
payment is made.  I also direct that the notes taken for the purchase money
shall bear interest from date.

Tenth.  I also hereby will and direct that my Executor shall sell all the
slaves I may own at my death upon a credit of one and two years, except that
the purchaser shall pay down the sum of five dollars on each hundred he may
give for each negro or slave.  I give my exeuctor same power to sell my said
slaves that I have given him to sell my lands or real estate, and direct that
he advertise them in the same manner and sell them at [illegible] and to
require good and approved bond and security of the purchaser.

Eleventh.  I will and bequeath to my children and heirs Samuel Hurst, Leroy
Hurst, James C. Hurst, Floyd Hurst, Sarah Garrison, wife of Jacob Garrison,
Nancy Rice, wife of C. Y. Rice, John Hurst and Florence Hurst, and also my
wife Nancy K. Hurst an equal distributive share of the proceeds of the sale of
all the real estate, slaves, and other personal property herein before
directed by me to be sold by my Executor.  And I direct and [illegible] what I
have herefore [illegible] and what I have herein specifically bequeathed to
the other heirs I have and which are not mentioned in this clause is all that
I intend them to have in my Estate, and here repeat that those whom I have
mentioned in this Twelfth Clause are to be the sole and exclusive and equal
heris and devisees in the estate real and personal, that I have directed my
Executor hereinafter to be named, appointed to sell.  The heirs whome [sic] I
refer are Niel Hurst, and Marshall and Gordon Hurst, and none others, are
intended to be excluded from this part of my Estate Except the three last
above mentioned.  

Thirteenth.  I will and direct that ll the debts that may be due my estate at
my death, shall be collected by my Executor, and paid to my heirs as directed
in regard to my real estate slaves and other personal property; that is, in
equal Shares, to my wife, and all my children exept Niel Hurst, and the
Children of Milton Hurst, who are not to have anything more than has been
heretofore bequeathed.

Fourteenth.  I will and direct that the tract on which I live and my adjoining
tract, called the McCarty tract, shall be divided before being sold by my
Executor, and then sold by him together, and, when every way they shall sell
for the most money shall be the final and lawful sale.  The division that I
wish made in the sale is as follows:  Begining at a sugar Tree on Cedar Fork
Creek, below where the Hemp Mill used to be, the said Sugar Tree being a
corner tree between the said McCarty tract and the one on which I now live
thence runing [sic] a direct line to the end of a cross fence that runs from
the Cedars through the farm to the Ridge, thence with said cross fence at
south East course to where it stikes the steep part of the ridge, and as far
with fence runs, and then with the higher ground above the ridge to the top of
the ridge and crossing the said ridge to the back line of said two tracts.

Fifteenth.  I direct that my said Executor shal collect the various debts are
are due my Estate, and the purchase money that may be given for the property
hereinbefore directed to be sold, and pay the same to the heirs thereto as
soon after they shall respectively fall due as possible, and [illegible] until
the last debts shall fall due before he makes his distribution payments.

Sixteenth.  I direct that the sum of three hundred dollars hereinbefore
bequeathed to my wife for the purpose of maintaining and educating my daughter
Florence, shall be paid to her as soon as my debts are paid out of any money
that my executor shall have.  And the other specific bequest to be paid as
heretofoe directed or upon the final settlemement of my Estate out of any
money whatever that my Executor may receive from my estate it being my desire
that the specific legacies be paid, and then my Estate distributed as
hereinbefore speicified.

Lastly.  I do hereby nominate and appoint William A. Blackburn my Sole
Executor to carry out, and ...this my last Will and Testament in the spirit
and according to the letter as hereby be indicated.  In testimony of which I
have hereunto set my hands and affixed my seale this 22nd day of August A. D.
1860.						 John Hurst (Seal)
 
Signed, sealed. and published in our precned and we have hereunto subscribed 
our names in the presence of the Testator, this 22nd day August 1860.   

					Mark Hurst
					John T. B. Nave 
 
State of Tennessee
Claiborne County 
I, David Cardwell Clerk of the County Court of the County & State aforesaid do 
hereby certify that the above and foregoing will of John Hust is a true copy 
form the record of my office, of said will.  In testimony whereof I hereunto 
affix the seal of my office, at office in Tazewell the 16th of February 1867. 

					David Cardwell
					Clerk County Court 
 
Virginia
At a County Court ciontinued and held for Lee County, at the Court House 
thereof on Tuesday the 21st day of May 1867an authenticated copy of the last 
Will and testament of John Hurst deceased, which appears to have been admitted 
to record in the County Court of Claiborne County Tennessee, was this day 
produced in Court by Clinton Y. Rice , and on his motion, the same is ordered 
to be recorded. 
					Teste.   Henry J. Morgan, Clerk.
 
(Recorded in Lee County, Virginia Wills 3:245-248).
 
__________________________________________
 
Note:
1854, 28 September
John Hurst, age 57, born Shenandoah Co., Va., son of John and M. Hurst 
marriage to Nancy K. Brent, age 30, born Fauquier Co., Va., daughter of Thomas 
W. and S. Brent (Lee County, Virginia Marriage Register I:48).