RUTHERFORD COUNTY TN - WILLS - Stephen Spain 1840 ********************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Catherine Trumm ********************************************************************************* WILL OF STEPHEN SPAIN Feb 14, 1840 In the name of God, Amen, I Stephen Spain of the County of Rutherford, State of Tennessee, being of sound mind and memory, but greatly afflicted in body, do make my last will and testament as follows to wit- Item, 1st I give to my daughter Martha E.E Smith one negroe man slave for life named Jack, and my young __ horse to her and her heirs forever. Item, 2nd I give to my son Thomas E. Spain, eighty acres of land, Beginning at my North East corner, ___ coming from thence West to McDaniels corner, Then south along said McDaniels East boundary line, Thence east to my East boundary line, Thence North to the beginning corner, so as to include eighty acres. I also give to said Thomas E. the following property, three slaves for life to wit Amerestias, Robert and Caroline and her increase, one feather bed and furniture, fifty barrels of corn, eight hundred pounds of pork, thirty bushels of wheat, two stacks of blade fodder, two stacks of oats, one cow and calf, two sows, two pigs, and ten head of stock hogs to hold said property to the said Thomas E his heirs and assigns forever. Item, 3rd I give to my son John G. Spain, Seventy acres of land beginning at Thomas' south West corner, on McDaniels line, running South with said McDaniels line, to his corner, thence East, Thence North to Thomas' south boundary line, Thence West with said line to the beginning, so as to include seventy acres. Also I give him the following slaves, to wit Nelson, Alexander, and Harriet and her increase. Also one feather bed and furniture, one horse saddle and bridle, now claimed by him, to hold said property to the said John of his heirs and assigns forever. Item, 4th I give to my daughter Sarah Anne Spain the following slaves for life, namely, Edwin, Mitchel, and Lucinda and her increase. Also one feather bed and furniture, one horse saddle and bridle, now claimed by her, and one bureau to be paid for by my executors out of my estate to hold said property to the said Sarah her heirs and assigns forever. Item, 5th I give to my daughter Christine E. Spain the following slaves for life, namely William, Isham, and Susan and her increase. Also one featherbed and furniture, my _____ filly and one saddle and bridle and one bureau to be furnished out of my estate by my executors, to hold said property to said Christine and her heirs and assigns forever. Item, 6th I give to my son Stephen R. Spain to him and his heirs forever, the following slaves, namely, Aaron, Booker (black boy) and Judith and her increase, Also one feather bed and furniture. Item, 7th I give to my son Willam W. Spain to him and his heirs forever the following slaves namely, Charles, Grandison, and Priscilla and her increase. Also one feather bed and furniture. Item, 8th I give to my grandchildren, William R. Lannon and Mary E. Lannon, to them and thier heirs forever a negroe firl named Rachel and her increase . Item, 9th I give to my beloved wife Lucy Spain during her natural life the following slaves, namely James, Cornelius, Booker (Yellow boy) Lydia, Jinny, and Rebeca and her increase, and at her death, it is my will that said slaves and their increase be equally divided without sale, as near as may be among the following of my children to wit, Thomas E, Sarah Anne, John G, Christine E, Stephen R, and William W. Spain. And also all my remaining lands amounting to two hundred and thirty acres not given to my said sons Thomas E. and John G. including my dwelling home with all the appurtanances, I give to my said wife during her natural life and after her death, to be equally divided according to quantity and quality between my two sons, Stephen R, and William W. Spain. Also I give to my said wife one hundred and twenty five barrels of corn, two thousand pounds of pork, seventy five bushels of wheat, three cows and calves, two sows and pigs, fifteen head of stock hogs, two head of horses, my entire stock of sheep and all my household and kitchen furniture, except such as herein before bequeathed, two ploughs with ______, tow axes, two hoes, one loom and as many spinning wheels as she may think proper to keep, my saw mill, work oxen and cart, all my bee stand and fowl or poultry of every discription, two Sythes and other necessary articles as she may want of the farm, and as many of my carpenters tools as she may think proper to keep, all of which last named articles to wit ___ I give to her with power to dispose of such as may be left, at her death as she pleases. Item, 10th After my death, It is my will that my executors herein after named, first pay all my just debts and that the surplus of all monies on hand, or that may be due me, and all monies belonging to my estate which may arise from the sale of property not herein disposed of, or otherwise, I wish to be equally divided between my wife and the following children, namely-Thomas, Sarah Ann, John G, Christine E, Stephen R, and William W. Spain. It is my will that if my negroe man James a cripple should not be sold before my death, that my executors sell him to Roger ____ who owns his wife for the sum of four hundred dollars cash provided he will take him, otherwise that they sell him as my other property so herein disposed of. And Lastly I do hereby nominate and appoint my beloved wife Lucy and my son Thomas E. Spain my executrix and executor to this my last will and testament. I hereunto set my seal this 14th day of February 1840. Stephen Spain His Mark