RUTHERFORD COUNTY, TN - WILLS - John Gambill 1843 ==================================================================== 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 Q. Gallagher gallagherj@cafes.net ==================================================================== Will and Heirs of John Gambill of Rutherford County, Tennessee Rutherford Co., TN Record Book 12, 1841-1844, pages 380-383 Gambill, John Decd. State of Tennessee Rutherford County Court July Term 1843 William H.B. Gambill David R Gooch & James S Smith citizens of Rutherford County. It appearing to the court that John Gambill 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 Wm H.B. Gambill David R Gooch & James S Smith 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 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 said will and the law of the land. Witness Robert S Morris Clerk at office the 3rd day of July 1843 and the 67th year of American Independence Recorded July 6, 1843 Robt. S. Morris Clk Will of J. Gambill Decd. I John Gambill do make and publish this as my last will and testament hereby revoking and making void all other wills by me at anytime made. First I direct that my debts be paid as soon after my death as possible and they very few out of any monies that I may die possessed of or that may come into the hands of Executors. Second I loan to my wife Hanna one hundred acres of land Begining at my southeast corner near Thos Bennetts Black Smith shop then west for enough to include the fields on each side of my lane and 20 poles farther then north sufficiently far to include my cottonfield even if said bounds should contain more than 100 acres then east to my eastern Boundary then south to the Begining with the privilege of getting timber south of said land if there is not sufficient on it and with all the buildings and my mill conditional this lone to be void so soon as my wife Hannah marries or dies or removes that in as much as I paid for her two hundred and nine dollars after our marriage, that she shall refund or pay said money to my estate at her death and the acceptance of this will shall guarantee the payment of said money also I loan her one horse either Charles or Kit two cows and calves two sows and pigs 5 ewes two set of cups and saucers two set of plates a set of knives and forks and 3 dishes a half dozen chairs a table one pot one skillet one oven & 2 pair of hooks Also I confirm our marriage contract that is to say she shall have to dispose of as she pleases at her death one negro man named Tud and one named Davy one negro woman named Fanny and her children Booker & Alfred & increase, one cupboard two beds and bedsteads and all the bed cloths she brought here one chest and two trunks one hundred Dollars in money and her full years provisions for the next year but there is to be interruption of the negroes or anything else that interfers with the making or saving the crop the years provisions to consist of one hundred Barrels of corn fifteen hundred pounds of Pork 20 bushels of wheat 50# coffee 100# sugar and a barrel of salt. Thirdly I give and bequeath to each of my children in the manner following or their heirs an equal share or portion of my estate viz, the heirs of Charlott (1st) Hall Elizabeth (2) Lovel John K. (3) Gambill Kiziah (4) Brown William (5) Gambill Frances (6) Dyer Martha (7) Halfield James (8) T. Gambill heirs of Mary (10) Rogers John (11) Pope George (9) W. Gambill. Fourthly, I give and bequeath to Elizabeth Lovel and her heirs the tract of land on which she now lives believing that it will only make her equal to the rest of my children in a division already made and not to be taken into the divisions of this will with all the property of mine on said premises, and I appoint my son William her trustee to take charge of said property and also her portion as legatee to manage for her benefit and at her death decend to her children Fifthly I give and bequeath to my grand son Thomas Rogers, son of Mary Rogers decd, five hundred Dollars in the Nolensville turnpike stock in lew of any part of my lands the balance of one share to to be made out in money and in case of his death without heir the property or bequeath to return to my estate and I authorise my Executors to act as Guardian for him his share is not to extend to division already made. Sixthly, all that part of my estate divised to Martha Halfield and James T. Gambill shall go into the hands of Wilie Brown whom I appoint their trustee to manage and control for their benefit and at their death to decend to their heirs Seventh I appoint John Hall trustee for my daughter Jane Pope with the power of managing and controlling said property for her benefit and at her death said property to go to her children. Eighth either of my children that is dissatisfied with their trustee may change said trustee by conforming to law or applying to court and if the share drawn does not suit the situation of the legatee the trustee by the consent and joint conveyance of the legatee may change or sell said share but nothing in this contained shall excuse said trustees from giving bond as provided by law. Ninth my land at home shall be equally divided among all my legatees except T. Rogers according to quality and quantity the school tract of land by J. Halls and the Pucket tract together may be divided into shares to suit the number of my legatees also except T Rogers. In the division that is to be made among my children notes and amounts which I have against them are to be taken into the account and I nominate and appoint D.R. Gooch George Beaty William Allen Jas. J. Smith and Robert Cook to make the devision of the land. Tenth for the purpose of making an equal division among my legatees I direct my slaves to be sold to the highest bidder with all other property of mine which I have not here to fore disposed of on a credit of twelve months. Eleventh all the perishable property I have loaned to my wife shall be valued to her and paid back to my estate at her death Lastly I do hereby nominate and appoint my son William H.B. Gambill David R Gooch & James S. Smith my executors in witness whereof I do to this my will set my hand and seal this 16 May 1843 My Executors are not be be ruled to security. John hisXmark Gambill {Seal} Signed sealed and published in our presence} and we have subscribed our names hereto in } the presence of the testator this 16th of May 1843 and the words without here inserted in T. Rogers Josiah Ellis A M Dunaway May the 19th 1843 I John Gambill on reflection to do more equal Justice do ad this codicil number one in lew of the legacy left my Grandson Thomas Rogers my wish and desire is that he have out of my estate the stock of five hundred Dollars in the Nolensville Turnpike and three hundred and fifty dollars in cash out of my estate this is to be in full of the legacy bequeathed in my will above I also give my wife Hannah in addition to what I gave her above one pail one can one pigon one cotton wheel and half dozen tumbles and our looking glass. John X Gambill R B X Vaughan A M Dunaway State of Tennessee} Rutherford County } Court July term 1843 The execution of the foregoing last will testament & codicyl thereto of John Gambill dec'd. was this duly proved in open court by the oath of Josiah Ellis A.M. Dunaway & Richard B. Vaughan Subscribing witnesses thereto & was ordered to be recorded Recorded 6 July 1843 Robt. S Morris Clk