MARSHALL COUNTY, TN - WILLS - Peter Luna, 14 Dec 1846 ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Karen Combs ==================================================================== Will of Peter LUNA Marshall County Will Book A I Peter Luna of the County of Marshall and State of Tennessee being of sound mind and memory enjoying a reasonable portion of good health but being advanced in years and infirm in consequence thereof and knowing the uncertainty of Life, do hereby make ordain and publish this as my last will and testament, hereby revoking and making void all former wills by me at any time made, VIZ- First I will and do so devise that my Just debts be paid out of any moneys that I may die possessed of or which may first come into the hands of my executor from the proceeds of my Estate Second- I will and so devise that for the maintainance of my beloved wife and aged companion Elizabeth Luna that at least one third portion of the lands which I may die seized and possessed of including my mansion house and other necessary buildings be set apart to her and for her use and binefit [sic] during her natural life and in order that she be unable to cultivate said land so set apart to her and live comfortable thereon - I will and desire that she have three of my best work horses - three of my plows, hoes and axes, -Also my household funature [sic] and of my kitchen utensils an amply sufficiency for her use - I also bequeath to her the sum of two hundred dollars -three Cows- some stock Hogs and one years provission [sic] out of provissions [sic] on Land - Third- I will and bequeath unto my sons James Luna, Peter Luna, and John C. Luna all of the lands that I may die seized and possessed of in equal portions Share and Share alike- subject always to the life time interest therein - devised to my beloved wife as designated in the foregoing item-and should a divission [sic] of my lands be made by mets and bounds as will between my sons James Peter and John C and my wifes interest therein be direct & do so hereby devise that in dividing the same and regard be had to apportioning the woodland with the lands under improvement or susceptable of being cultivated - Fourth I give and bequeath unto my daughter Jenny Hogan wife of Anthony Hogan the sum of five Dollars - Fifth- I give and bequeath unto my sons James Luna, Peter Luna, John C. Luna and the heirs of my son Elisha Luna Deceased Jointly to daughters Nancy Milam, Polly Bryant wife of Gray Bryant and my granddaughter Polly Luna wife of James Luna and daughter of my daughter Peggy Hogan decd. all of my personal property not herein before devised consisting of all my negro slaves, moneys, stock of every kind to be shared amongst them in such a manner as that each of my Living children Shall have a portion thereof equal in value to one seventh part thereof the heirs of my deceased son Elisha Luna in right of their Father Jointly - one seventh part there of and my grand Daughter Polly Luna in right of her deceased Mother Peggy Hogan one seventh part thereof and in order to effect the divission [sic] of my property contemplated in this item I hereby empower my Executor to sell any or all of my slaves and make conveyances of them Should it become necessary to do so in order to make divisions or shares equal between my heirs to whom I have herein divised them. Lastly- I hereby nominate and appoint my son James Luna Executor to carry into effect the provissions [sic] of this my last will and Testament In testimony where of I have hereunto subscribed my name and affixed my seal this 14th day of December A.D. 1846- Peter Luna (seal) Signed sealed and acknowledged in our presence by the testator Peter Luna and we have hereunto subscribed our names in presence of said Testator and at his Spcial Request David McGahey and Alexander Biggers Jr. I Peter Luna having heretofore made and published the foregoing as my Last will and testament do make and declare this as a codicil thereto, to wit, First, It is my desire and I do so decise that the disposition made of my Lands in the third item of the foregoing will bequeathing the same to my sons James Luna, Peter Luna and John C. Luna be Revoked and held for nothing and that in Room os said devied hereby intended to be Revoked I give and bequeth all of the Lands that I may die seized and possessed unto my sons James Luna and Peter Luna in equal portions Share and Share alike - subject however to the same incumberances mentioned in t said item and in the divission [sic] thereof to the directions then made for an equal apportionment, of the same - Second- My will and desire is that the heirs of my son John C. Luna now dead inherit equally all that portion of my personal property to which my said John C would have been entitled to under the provissions [sic] of the fifth item of said will had he been Living - and I hereby bequeath and devise the same to them - Third - It is my desire that this Codicil constitute a part of my will to all intents and purposes In testimony where of I have hereunto subscribed my name and affixed my seal the twenty fifth day of March A.D. 1848- Peter Luna (seal) Signed sealed and acknowledged in our presence by the testator Peter Luna and we have hereunto subscribed our names in the presence of the testator and at his Special request- David McGahey Jurat Alexander Biggers Jt.