DAVIDSON COUNTY, TN - WILLS - James Mulherin, 3 Jun 1822 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Ann Martin rocaz@ibm.net ==================================================================== Contributor's Note: I am descended from James and Jane Mulherin Ruddell. Jane lst married Cornelius Ruddell in Davidson County, Tenn, abt.1783. She is thought to be the sister of the below James Mulherin. From a Certified Copy in my possession: The Will of James Mulherin of Davidson County, Tennessesse Written 3rd Day of June, 1822 Recorded Davison Co., Tenn Book No 9, Pages 29 & 30, Sept 9, 1826 From the uncertainty of human life I have thought it expedient to make the following arrangement of my wordly Substance(to wit)first I wish as much of my plantation which I live on Sold as will lift the mortgage which is on it which I Suppose Three hundred acres will do or nearly do and I wish it to be laid off in the following manner to begin at the corner on (?Mr.)Murrys line unto which I agreed to let (?Mr) Grundy have and then to run north with Jones s line to my north east corner Sassafras then to run west with the old line between myself and Capt Sample to Cumberland River Thence from the beginning west with (?Mr) Grundy fence to apoint that a line might be run from parallel with the fence of my field next to where my son Charles lived and Say within four or five poles of the fence unto the corner from which place run aline west to the Cumberland river and then up the river to the beginning if that will include the quanity required if it Should be too much from the corner named near the corner of my fence incline the line to the north of west and if too little to the South of west So as to include required or afew (???acres) more or less and it would perhaps be better from the beginning corner named to begin two poles north of that place and in running west it would leave avacancy Sufficient for aroad Secondly there is debts owing to (?Mr) Ridley and Maj John Buchanan which I wish to pay as follows (end of first page) James Mulherin Second Page: I have eight hundred and 22 acres of land in Smith County (to wit) part of the Patsey Robertson tract which I wish to be Sold to the best advantage I have or will have five hundred acres in land warrants which I wish to be Sold and have twelve hundred acres of land in Logan County Kentucke all which I would wish to be Sold as occasion may require and with which I would wish to pay the beforenamed debts and what other debts may be against me (?3rd) if my wife should incline to buy the negroe man Peter and Can do So with the proceeds of the present crop or any ballance that may be left from the Sale of the property before recited I wish her to do So and to keep him during her natural life or widowhood as the Case may be at which time to Set him free 4th wishing to give my wife adecent Support I wish her unmolested to enjoy the use of the house and outhouses plantation orchard with the use of the timber necessary to Support the Same together with the use of the Stock of every kind plantation tools and utensils of every kind and house hold furniture of every kind during her natural life or widowhood as the Case may be and believing that she will act conscienciously if any thing Should be made more than a decent Support either from the property before named or from the proceeds of the? plantation I wish it to be laid out the most advantageous way for the use of my grand children this to left however to her own management and disposal (end of second page) (cont'd) Signed James Mulherin 5thly as there some Considerable property in negroes which I got with my said wife to wit Sarah and her children Moriah and her child Mary Nancy Bedford Lavina (???azer) Judy & Sally with whatever they may hereafter increase I wish her to have the intire disposal of the Same as She herself may think proper 6thly feeling with some regret the unhappy Situation of my only child Charles Mulherin who is incapable of even taking care of himself much less knowing the prudent use of property or an thing of its management and if he had it would soon Squander it without benefit to his children and much to his own Injury Considering these things that he has four Children yet to be provided for without the fostering Care of amother and there fore may be Said to be without father or mother and believing it to be my duty to provide for them So far as it is in my power therefore 7thly I wish the remaining part of the land I now live on to be divided into two equal parts my grand son James to have the half which includes my present residence together with the orchard and improvement on that part of the tract my grandson George to have the other half which extends near the mouth of the Creeks and as there is atract of land between Judge Overton and myself in the (?forked)deer Count(?)y upwards of three hundred acres of which will belong to me I wish the same to be (end of 3rd page) James Mulherin Equally divided between my two grandson Charles and Henry the first named division not to take place during the life or widowhood of my wife and at her marriage or decease all my personal property not before devized to be Sold and divided between (?) Charles and Henry So as to make their Share equal to the Shares of James and George and if it Should amount to more than the remainer to be divided So as to make each division as equal a may be and from the present embarrassed Situation of my affairs and the fluctuation of human events that the above arrangement would not be practicable and it becomes necessary to Sell the whole plantation I wish my wife to have her maintenance and whatever property may be left at her decease not before divised to her may be sold and equally divided among my four grand children before named any divisions among my grand Children before named I wish to be amicably done without law and if they cannot agree to choose arbitrators I declare this to be my last will and testament which I have with due dliberation in asound State of mind wrote every word with my own hand Lastly I appoint John Overton(formerly Judge) and my wife Margaret Mulherin executor and executrix of (??) my last will and testament signed and sealed this 3rd day of June 1822 James Mulherin(seal) Witness present: Philip (S or L?) (Senley or Lenley???) Elizabeth(Her Mark) Broughton (???) (CONT'D) As a codicil or Schedule to the foregoing will I have thought proper to add that if it would be necessary to Sell more of my plantation than what is named I would wish my executors to Sell what part may be necessary toward the mouth of the Creek reserving that part including the house plantation and orchard for the accommodation of my wife even if my forked deer land Should be Sold which I would prefer to Selling all the place where Iam Settled but if that must be done I would reserve a place of Settlement for my wife during her life on my forked deer land and whatever maybe left at her decease to be divided among my four grand children before named equally witness my hand seal the day and date before named James Mulherin (seal) Witness present: Philip (S or L?) (Senley or Lenley???) Elizabeth(Her Mark) Broughton (???) END.