DAVIDSON COUNTY, TN - WILLS - Isaac Earthman, 19 Jan 1833 ----¤¤¤---- In the name of God, amen, I Isaac Earthman _____ of the County of Davidson and the State of Tennessee being weak of Body but of sound and and disposing mind and memory and calling to mind the mortality of man, Knowing that it is appointed to all men once to die do make and Ordain this to be my last Will and Testament in manner following, that is to say first of all I Recommend my Soul to Almighty God who gave it and my Body to be burried in a plain and decent manner. Item: I give and bequeath to my grandchildren William Earthman and Mary Earthman, Children of my Son Isaac Earthman the tract of Land whereon I now live containing two hundred and fifty acres. Also the tract of land that I purchased of Nathan Hail of ten acres adjoining the above named tract to them my said grandchildren, their heirs and assigns forever to be Equally divided between then at the arrival of lawful age of the said William Earthman. Item: Give to Polly Davice in lieu of any account that she may have, if any, against me the sum of ten dollars at the end of each three months that she may live until the said Polly shall have accrued fifty dollars should she live so long to be paid out of any money arriving from the sale of my Estate. Item: My will and desire for this is that all the rest and residue of my Estate be sold by my Executors on a credit of twelve months and the money arriving from such sale after payment of all my just debts and funeral expenses to be equally divided in the following manner that is to say, the one ninth I give to the children of my son John Earthman; one ninth part I give equally to the children of my son Lewis Earthman, one ninth part I give to my son Henry Earthman, one ninth part I give to my daughter Betsy, one ninth part I give to my daughter Polly Cooks children, one ninth part I give to the children of my daughter Sally Sims, one ninth part I give to the children of my daughter Nancy (some word I cannot read, it's been added with a ^, is smudged, but I'd almost swear it reads Pinkly), one ninth part I give to my daughter Nelly's children, and one ninth part I give to the children of my son Isaac except ten dollars of which I give to the children of my son James Earthman. My Will and desire further is that my son Isaac Earthman possess and occupy and use at his pleasure all the lands herein bequeathed to my said grandchildren William and Mary Earthman untill they arrive at lawful age free and clear from any liability for rents or damages except the rasing (sic), bonding and schooling of said children William and Mary Earthman. And lastly, I do hereby nominate, constitute and appoint my trusty friend James Marshal and my son Isaac Earthman my Executors to this my last Will and testament hereby revoking all other and former Wills by me made in testimony whereof I the said Isaac Earthman do hereunto set my hand and offer my seal the Nineteenth day of January in the year of our Lord One Thousand Eight Hundred and thirty three. He made his mark by his name. Signed, Sealed and acknowledged in ____ of ... looks like Hardy S. Bryans ... can't make out the rest... looks like Chl. Lanier... This is recorded in book 10, pages 459 and 460 of Davidson County, Tennessee. There is a codicil to the Will which is dated August 13, 1833... it reads: A codicil to the Will of Isaac Earthman, executed this 13th August 1833. For the better understanding of my Will of the 19th of January 1833, and the better to express my desires, I do hereby declare that my grandchildren William and Mary Earthman, children of my son Isaac Earthman, shall hold the lands and tenements devised to them in the first clause of my said Will during the natural life of their father the said Isaac, for his, their said father, are to benefit -- that is to say, the legal state of said lands shall at my death rest in my said grandchildren, but they & the survivors of them or the heirs of such survivors, shall hold the same for the peaceable and undisturbed enjoyment of their father the said Isaac, during his life, but the same shall in no wise be his property or be subjected to his debts, or to be sold or disposed of by him: or should any sale be made by him, or by any act of the law of the use hereby intended for his the said Isaac exclusive support and maintenance, I do hereby declare that all the benefits hereby intended to be secured to him shall be forthwith forfeited and my said grandchildren William and Mary, shall henceforth hold and have said lands & tenements to their own proper use, benefit & behoof, and free from all trusts whatever. I hereby revoke the clause of my said Will of the 19th Jan'y 1833, which appoints James Marshall and my son Isaac Earthman my executors and I hereby appoint to the same to wit, my friends Dan'l Buie & Jonathan Garret, Esquire -- having full faith in their honesty, I hereby declare that they shall not be required to give security, when they qualify as executors. In testimony whereof, I have hereto set my hand & seal this 13th August 1833. He made his mark.. Executed and published in presence of Ephraim H. Foster and ??? M. H. Lytte ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Stephen Hull phoenix1103@cox.net ___________________________________________________________________