ROANE COUNTY, TN - WILLS - John McEwen, 1 Nov 1821 --------------¤¤¤¤¤¤-------------- January Sessions 1822 John McEwen In the Name of God Amen. I John McEwen of the County of Roane and the State of Tennessee, being weak in body but of sound and disposing mind, _________ and calling to mind my mortality do make this my last will and testament in manner and form following First it is my will that all my just debts and funeral charges be paid out of my estate. Second, my will and desire is that my store in Kingston be continued under the superintendance of my executors hereinafter named until my youngest child arives at lawful age and the _________ stock including money debts and goods and have the profits of which to be laid out for the purpose of supporting the family and educating the children and then what may be on hand to be divided as follows One third to my well beloved wife Eliza and the balance equally amongst my children William Stephenson, Eliza Mary Edmonson, John Columbus, Robert Newton, Matthew Perry, and Margaret Alice, if the same children should so long live and if any of them should die before they arive at lawful age then amongst the survivors of them which said property shall be to my said wife and those of said children coming of lawful age in the the proportion aforesaid to them and their heirs forever. Thirdly: Whereas there is a partnership subsisting between Robert H. McEwen and myself and also between Matthew and John _________ and myself and also between James McKamy(?) and myself Now my will is that said partnerships be continued should the said partners and my executors hereinafter named think the same adviseable, agreeable to the articles of partnership heretofore entered into with each and every one of said partners until my youngest child attains its lawful age under the following conditions, to wit, each partner to give bond and security to my executors for the amount of stock and profits due to me and that the same may be forthcoming in proportions at the time my several children may attain their lawful age that is after deducting one third for my wife out of the stock and profits on hand at the coming of age of my first child that may attain their lawful age the balances to be divided into as many portions as I may then have children living and pay one proportion to the child so arrived of lawful age and one other proportion to pay to each child as it arrives at lawful age and when the youngest child arrives at lawful age to pay to it the portion at first allotted at the first dividend and then to pay to my well beloved wife her heirs and assigns then and one third of what was when first divided. And a proportion of the profits that may arise afterward, and also to pay each of the children until the one first coming of age then proportion out of the profits of the stock left on hand when the first division was made up to time of closing the business, but should my executors and any or all of my before named position at any period sooner agree to close the partnership the said partners and my executors are to settle the business of the firm and in settlement balance due to my estate is to be put into the stock of the store in Kingston and divided out in the same measure and at the same time as directed as if said partnership had continued until my youngest child had arived at full age. Fourth I give and bequeath to my well beloved wife Eliza the house and lot on which I now live in Kingston and the household furniture to her, her heirs and assigns forever to be by her disposed of as she sees proper. Fifth my will is that all my Negroes, horses, cattle and hogs ______ to remain in the possession of my wife for the purpose of raising and supporting the family until my youngest child arives at lawful age and should my executors my wife consenting desire to any of my Negroes they are hereby authorised to do so and the money to put into the common stock of the store in Kingston. Sixth my will is that all my land except the house and lot I now live on in Kingston be rented out by my executors until my youngest child arives at lawful age and the rent to be applied to raising and supporting the family and educating the children and if there should be any over ____ to be put in the stock of the store in Kingston and then my well beloved wife is to have the one third of the profit of all the land and town lots (except the lot already willed to her) during her natural life and the town lots except the one already excepted I allow to be equally divided amongst my children before ________ and if they cannot agree they are each to choose one person which persons they chosen are to value the land and lots aforesaid _________ the __________ excepted and then said children are to select and those or any one of them who may get a higher value _____ are to pay to the others so much as will make them all equal and the _____ or _____ tract or tracts they selected on allotted to them. I will and bequeath to each of them severally to be to them their heirs and assigns forever. Ninth my will is that as my children severally arive at lawful age my executors should pay into them their several portions of the amount of the stock on hand in the store in Kingston after deducting one third ____ my well beloved wife which I allow to her and her heirs forever. Tenth my will is that all my personal property remaining on hand when my youngest child arrive at lawful age including Negroes and excepting all the household furniture I allow one third to my well beloved wife Eliza and the ballance to be equally divided amongst my children that each each one deducting what they may have previously received so that with the part they may have received when they arrive at full age or any other time and they will then review, will make them all equal which I will to them severally their heirs and assigns forever. Lastly I constitute now_____ to and appoint my well beloved wife Eliza McEwen Executrix and Robert H. McEwen, Matthew Stephenson Executor of this my last will & testament hereby revoking all former will by me made. In Testimony whereof I have hereunto set my hand and seal this first day of November One Thousand eight hundred and twenty one. Signed Sealed and published John McEwen (seal) In presents of J. Parris John Leftwich Wm Galbreath ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Frank Powell fppowell@bellsouth.net ___________________________________________________________________