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John Haynes, Deceased
Last Will and Testament
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In the name of God Amen - I, John Haynes of Rutherford County and the State of Tennessee do make and publish this as my last will
and testament, hereby revoking and making void all other wills by me at any time made.
First: I desire that my funeral expenses and all my debts be paid as soon after my death as possible out of any monies that I may die
possessed of or may first come into the hands of my executor.
Secondly: As my oldest daughter named Barbary (Barbara Roxanna) Posey is dead and left four children now alive, to wit, (John)
Bennett Posey, Elender Posey, Marandy and Bur(r)well Posey - I give and bequeath to each of them one hundred dollars each, my granddaughter Sally Posey that married Thomas Hall, I give one dollar, also my granddaughter Polly Posey that married George Wood, I give the same of one dollar to them and their heirs forever.
Thirdly: I give and bequeath to my daughter Matilda Pogue sixty-four acres of land to be cut off of my one hundred and sixty-four acre
tract beginning at my southeast corner, thence west with the Covington tract to my southwest corner. Thence north a sufficient number of poles to make sixty-four acres - thence east to John Lytles line - thence south to the beginning to live on and enjoy the privilege there of her lifetime, also five hundred dollars to be put in the hands of James E. Webb for her use to supply her reasonally wants. At her death, the said tract of land and money, if any, there be equally divided amongst her children if any living at her death, if none of her children are living at her death to revert to my estate and be equally divided between my then living children.
Fourthly: I give and bequeath to my son Everett Haynes a negro man named Jessee and a boy named Willis to him and his heirs
forever.
Fifthly: I give and bequeath to my son Abram Haynes a negro man named Albert which is now in his possession and a negro man
named Dick to him and his heirs forever.
Sixthly: Whereas my son Thomas Haynes went off without my consent or wish, and has been gone some twenty years and has not
correspondence with me whatever, nor none of the family, I therefore give and bequeath to him one dollar to him and his heirs forever.
Seventhly: I give and bequeath to my daughter Nancy Haynes fifty acres of land off my home tract, including the mansion house -
beginning at the old commissioners line opposite the walnut corner - thence north a sufficient number of poles by running east to make fifty acres - thence north to the corner - thence west to the beginning. I wish Nancy's beginning corner made so as to take in the well, and also ten acres and land to be cut off of the northeast corner of my Ridout tract and a negro man named Allen and a negro boy named Edmond, one horse worth sixty dollars and saddle and bridle - one cow and calf, one feather bed, stead and furniture and as many bed quilts and bed clothing as she may claim as hers - during her materal life, at her death to be equally divided between her children if any, if she has no child or children the above property willed to her both real and personal to revert to my estate, and be equally divided between my then living children - I also give Nancy a negro woman named Julia and her children to her and her heirs forever.
Eightly: I give and bequeath to my son John Haynes one thousand dollars to him and his heirs forever - there is yet a balance of my
negroes not willed away and the balance of my land not willed away - I wish my executor to sell on twelve months credit when they sell the balance of my estate not otherwise disposed of and when this money is collected and all the bequests paid off and satisfied, the balance to be equally divided between my children as follows: my daughter - Everett Haynes Senr, Abram, Nancy and John Haynes, to them and their heirs forever. Lastly, I nominate and appoint my son Everett Haynes and friend James E. Webb my executors to this my last will.
Witness my hand and seal this 7th day of August 1858.
John Haynes
(his X mark)
Test
M. N Marable
Kenneth McRea
Roger D. Snell
William Vaughan
State of Tennessee
Rutherford County
The foregoing last will and testament of John Haynes, deceased, was this day presented in open court for probate and the execution
thereof duly proven by the oath of William Vaughan one of the subscribing witnesses thereto and ordered to remain on file - Witness my hand at office this 1st day of August 1864.
Signed: John Jones, Clerk
State of Tennessee
Rutherford County
I, Fount Pitts, Cler of the County Court do hereby certify the foregoing to be a true and correct copy of The Last Will and Testament of
John Haynes, deceased, and same is recorded in Record Book 21, pages 291, 292 and 293. This the 29th day of August, 1858.
Signed: Fount Pitts
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County Court Clerk
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