ROANE COUNTY, TN - WILLS - John C. McEwen, 2 Sep 1839 ----¤¤¤---- John C. McEwen Will proved December term 1839 Probate Record Roll No. 143 Book C Page 75-78 State of Tennessee Roane County I John C. McEwen of the State and County aforesaid being now laboring under bodily disease but being of sound mind and disposing memory and being possessed of some real and personal Estate and desirous of disposing of the same and for the purpose of disposing of it I do hereby publish and declare this to be my Last Will and Testament First it is my desire that all debts justly owing by me be paid out of my Estate. Secondly I give and bequeath to my wife Nancy McEwen all my household and kitchen furniture to be disposed of by her in such manner as she may see proper. Also I give to my said wife my Negro woman Susan and her child and increase and also to my aforesaid wife I give my horse Jack all of which is to be at her entire disposal. Thirdly It is my will and desire that all the balance of my estate both real and personal be disposed of by my Executrix and Executor herein after named in such manner as they may deem most conducion to the interest of the same they are hereby authorised to sell on a credit or for cash or exchange any or all the property either real or personal and to vest any monies collected or received in any way in any stocks lands or other things at their discretion and as my business is in an unsettled state and condition I do vest my Executrix and Executor with discretionary powers in settling my business in any manner they choose or in such manner as I might my self do were I living giving them power to cancel or confirm any contract either written or verbal heretofore made by me. And allowing them to settle any demand against me where they may be satisfied that it is just and equitable whether in Law it could be enforced or not. And they may or may not at their discretion sell my Negro man Bill and the proceeds of such sale if they make sale may by them be applied to the promotion of the African colonization object or in any other way they choose. It is not my intention to confine the discretionary power of my Executrix and Executor to the matters here named but it is to extend to all things relative to my Estate. It is my will and desire that my family be supported and my children educated out of my Estate. And it is my will that my Executrix and Executors shall at any time they may see proper give to any of my children towit: Margaret Jane Henrietta, Ann Elizabeth, and Cornelia or such child or children as may hereafter be born to me any portion of my estate so as that when they all arrive at full age an equal division shall be made between them and my said wife intending and so directing that over and above what I have herein before bequeathed to my wife Nancy M. McEwen she shall have a childs part. And if any of my children shall die before they arrive at full age and before they shall have received their portion they not leaving any child or children then and in that case the survivors and my said wife onto have such portion as would have been coming to such child that my die. As I have entire confidence in the Executrix and Executors hereinafter appointed. I do not require them to give any Security for the performance of this my Will and Testament. And they are not to be accountable for their acts. And I do not require of them to…….. to court any account of their acts and doings. I do further authorise my Executrix and Executors or either of them by Will or otherwise to appoint Executors or attornies to transact any business relative to my Estate as fully as they are hereby authorised themselves to act. Lastly I do hereby appoint my wife Nancy M. McEwen Executrix and William S. McEwen and Henry S. Parris Executors to this my last will and Testatment. In Witness where of I have hereunto set my hand and seal this second day of September 1839 Signed sealed and acknowledged John C. McEwen (seal) In our presence and witnessed By us at the request of the testator In his present & in presence of each other Thos McConnell Wm Scott Codicil to the Will of John C. McEwen I John C. McEwen desire and so direct that in case my wife Nancy M. McEwen appointed Executrix of my will of this date should hereafter marry that then and in that event her right to act as Executrix of my will and Testament shall cease and the execution of my will in that case shall devolve entirely upon my Executor William S. McEwen and Henry S. Parris or such person or persons as may by them be appointed. In Testimony whereof I John C. McEwen have hereto set my hand and seal this second day of September 1839 Signed sealed and acknowledged John C. McEwen (seal) In our presence and witnessed by us At the request of the Testator John C. McEwen In his presence and in presence of each other Thos McConnell Wm Scott State of Tennessee ? County Court Roane County December Term 1839 This was the foregoing Last Will and Testament and Codicil thereto of John C. McEwen Deceased produced in open court and the execution and declaration thereof duly proved by the oaths of Thomas McConnell and William Scott the two subscribing witnesses thereto and admited to record and ordered to e certified and recorded Witness my hand at office in Kingston the 2nd day of December AD 1839 Henry H. Wiley Clerk By his deputy Austin S. Greene Codicil I John C. McEwen of the County of Roane & State of Tennessee do make this as a codicil to my Will dated 2nd September 1839. It is my wish and I so order that if all my children should die before they receive their portion as provided for in my said will then my wife is to have half of my estate over and above what I have specifically divided to her and the other half be equally divided between my brothers & sister now living or their heirs Witness my hand & seal this 1st day of October 1839 Signed sealed & acknowledged John C. McEwen (seal) In our presence and in presence Of the Testator & of each other I witnessed by request of Testator John C. Gillespie Henry H. Wiley State of Tennessee ? County Court Roane County December Term 1839 Then was the foregoing Codicil to the last Will & Testament of John C. McEwen Deceased produced in open court and the execution and declaration thereof duly proved by the oaths of John C. Gillespie and Henry H. Wiley the subscribing witnesses thereto and admitted to record and ordered to be Certified and recorded Witness my hand at office in Kingston the 2nd day of December AD 1839 Henry H. Wiley Clerk By his deputy Austin S. Greene ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Frank Powell ___________________________________________________________________