RUTHERFORD COUNTY TN - WILLS - Charles Puckett ==================================================================== 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: Joy Gallagher gallagherj@cafes.net ==================================================================== Will of Charles Puckett of Rutherford Co., TN Rutherford Co., TN Record Book 16, page 796 Puckett Charles Dec'd. Know all men by these presents that I Charles Puckett of the County of Rutherford and State of Tennessee, being in good health both of body and mind, do by these presents make and publish this my last will and testament revoking and making void all others, and I hereby appoint my Sons Wm and Franklin Puckett Executors to this my last will and testament made this 25th day of July 1851. First my will and desire is that all my property Real personal and perishable of every description remain just as in my lifetime, under the control and management of my wife, and my will is that my wife Shall have as much of the proceeds of the farm each & every year during her natural life as will be Sufficient for her own use and benefit and She is to be the Judge of said amount and my will is also that there Shall be a sufficient allowance of Pork and corn and other provender reserved every year for the use of the Farm, the balance of the proceeds of the farm, to be Sold every year and the money loned out at Interest until the death of my wife. Second, At the death of my wife, my will and desire is that all the lands belonging to me be Sold to the highest bidder at public auction on one and two years credit with approved Security and I wish my property to be equally divided between all my children, my will is that it be done in the following manner, to wit, I wish my negroes to be divided into eight equal Shares and each one of my children living at the date of this will to take one Share (except Mahaly York) one Share of said negroes, I wish equally divided between all the children of Mahaly York that may be living at the date of this will to them and their heirs forever, The Share of Said negroes to Charlotte Lindsey for her to hold for her Sole and Separate use during her natural life, and after death to be divided amongst all of her children to have and to hold their Share to them and their heirs forever. Third, All the money arising from the Sale of my land all the money on hand all the money arising from the sale of Perishable property and all the money at interest be divided between my children and Grand children as follows, to wit, First I give to the children of my daughter Polly Taylor a Sum of money equal to one Share of negroes given to my other children the balance of the money belonging to my estate, I wish equally divided between my children that is living at the date of this will (Mahaly York excepted) giving an equal Share to the children of said Mahaly York and an equal Share to the children of Polly Taylor, the Share of money that falls to my daughter Charlotte Lindsey, I wish my Exetrs William and Franklin Puckett to take & lay it out in a negro or negroes for the Special and Separate use of my daughter Charlotte Lindsey during her natural life and at her death to her children forever, and as I hold a note on my Wm Puckett for Four hundred dollars that amount is to be taken out of his Share of money without charging interest on Said note from the time of its date, and as I have given my Son Caswell Puckett ninety four acres of land worth Six hundred and fifty eight dollars, which is to be taken out of his Share of money without charging him any interest. And I wish it distinctly understood that all I have given to Charlotte Lindsey is to go to her children at her death, and I wish it also understood that I have given to the children of my daughter Mahaly York her share of all my property to be given to them at the death of my wife as the law directs. In Testimony whereof I have Set my hand and Seal the day and year above writen Witness my hand and Seal his Charles X Puckett {Seal} mark Witnesses Wm H Smith Sol. Beesley Codicil I do make & publish the following as a codicil to my last will and testament, to wit, Since writing my foregoing will I have by deed of gift given to my daughter Charlotte Lindsey a negro girl named Claressa & her increase to hold to the Sole and Separate use of my Said daughter during her natural life, And I I also gave the remainder in Said girl after the death of my Said daughter to her children, And have also at the Same time given my Said daughter two hundred dollars in cash, The girl being valued at Five hundred dollars, being an advancement of Seven hundred dollars, to my Said daughter Charlotte T Lindsey, Now I will and direct that my said daughter be charged in the distribution of property under my foregoing will, with said Sum of Seven hundred dollars as an advancement, Witness my hand & Seal this 7th day of October 1851. his Charles X Puckett {Seal} mark Witnesses Joseph Hollowell Sol.Beesley Now all men by these presents that I Charles Puckett of the County of Rutherford and State of Tennessee do make and publish this as the Second codicil to my last will and testament, my will and desire is that my wife Shall have the priviledge to hire out from year to year any negro or negros that She may think proper, and the proceeds of the hire of any negro or negroes so hired out Shall go to my estate, and be loned out at interest for the benefit of children as Set forth in my will, Witness my hand and Seal Decr 19th1851. his Charles X Puckett {Seal} mark Witnesses Wm H Smith Sol. Beesley I harles [sic] Puckett do make and publish this as a third codicil to my will & testament made and published the 25th day of July 1851 to which I have made once codicil of the 7th day of October 1851 and another codicil of the 19th day of December 1851 hereby republishing every part of Said will and codicils except as herein changed or altered, I have an old negro man Slave named Powhatan that I do not wish to be classed and divided with and amongst my other Slaves, I therefore will and direct that at the time of the division of my other Slaves according to the provisions of my said will, the said Slave Powhatan be valued by three disinterested men and delivered up & given to my son William Puckett who Shall be charged with said valuation of Powhatan in the division of my estate, But if at the time of said division the Said Slave Powhatan Should have become valueless from old age, disease or other cause, I will & direct that a Sufficient fund be reserved out of my estate & placed in the hands of William Puckett for the Support Powhatan during his natural life. I hereby renominate and appoint my sons William and Franklin Puckett Executors to the said will & testament and the codicils thereto annexed. Witness my hand & Seal this 23d June 1852 his Charles X Puckett {Seal} mark Witnessd by us Solomon Beesley Joseph Hollowell I Charles Puckett do make and publish this as a fourth codicil to my last will and testament made and published on the 25th day of July 1851 to which I have heretofore made one codicil of the 7th day of October 1851, one other codicil of the 19th day of December 1851, and a third codicil of the 23d day of June 1852, hereby republishing every part of Said will and codicils except as herein altered or revoked, 1st I hereby revoke all that part of my Said will that bequeaths and gives to the children of Mahaly York, all that portion of my estate consisting of Slaves, money of any portion whatever of Said estate real & personal or the proceeds of the Sale thereof would otherwise have belonged on my death to the Said Mahaly York by will decent or otherwise, And in lieu thereof, I will and bequeath to Said Mahaly York all that portion of my estate given in my will & codicils aforesaid to her children To have and to hold the Same to the said Mahaly York for and during the term of her natural life, and at her death, I will and direct the same to be equally divided amongst her children Share and Share alike, I hereby renominate and appoint my sons William and Franklin Puckett Executors to Said will and codicils annexed. Witness my hand & Seal this 29th day of October 1852. his Charles X Puckett {Seal} mark Teste Joseph Hollowell Sol. Beesley State of Tennessee } Rutherford County } County Court March Term 1854 The execution of the foregoing last will & testament & four codicils thereto annexed was duly proven in open court at the above mentioned by the oaths of Wm H Smith, Sol Beesley & Joseph Hollowell Subscribing witnesses thereto & was ordered to be recorded Recorded 22d March 1854 John Woods Clerk State of Tennessee } Rutherford County } County Court March Term 1854 To William Puckett & B F Puckett citizens of Rutherford County, It appearing to the court, that Charles Puckett has died leaving a written will in which you are appointed executor, which has been duly proved in open court, and you having given bond and qualified according to law, and it having been ordered by the court, that letters testamentary issue to you. These are therefore to empower you, the Said William Puckett & B.F. Puckett to enter upon the execution of Said will, and take into your possession all the property and to return to this court in ninety days a perfect inventory thereof and make due collection of all debts, and after paying all the just demands against the testator and settling up the business of Said estate according to law, you will pay over and deliver the property and its effects that may remain in your hands and to do all other things that may be required according to the provisions of the Said will and the laws of the land. Witness J Woods Clerk at office the 6th day of March 1854, and the 78th year of American Independence John Woods Clerk Recorded 22d March 1854 [Note: See will of Robert Puckett, Charles' father, at Charlotte Co., VA GenWeb Archives.]