1827 Will, Sumner Co, TN Will Original #229 Recorded Book B, page 49
4409In the name of God, Amen -- I Stephen Cantrell of the County of Sumner and State of Tennessee of sound mind and memory do make and ordain this my last will and Testament in manner and form following to wit. Item-- I give and bequeath to my Wife Mary Cantrell during her widowhood the use of my household and kitchen furniture except such as I shall specially name with the (undivided) interest of one half of my home plantation with the dwelling house and the necessary buildings to be used at the discretion of my executors namely Stephen Cantrell Junior, William Cantrell, William Edwards son of Nathan Edwards, and Zebulon Cantrell. I also give her the use of eight Negroes to wit Philip and Betsey his wife and Dotsy their daughter, Gemima Jack Tom and Esau <also Molly and her child Franky> also two work horses and a certain black Mare known to be her Riding Creature, one ox cart <and ox waggon> and furniture with farming tools necessary to carry on this plantation, two yoke of oxen, two sows and pigs, one dozen hogs, two beef stears, also an equal proportion with the other legatees which will be particularly mentioned of the property to be disposed of at sale together with the Notes and (page 2) accounts that will remain to be collected at my decease also the cash on hand likewise the Bank Stock etc. - and the whole to be under the discretion of my executors for her use for the purpose aforementioned. It is also my will that should my wife contrary to my expectations appear to dissipate or make an improper use of the property as bequeathed her that in that case it shall be in the power of my executors aforesaid take the property into their possession and make sale of it issuing to her a reasonable support during her natural life and the money arising from the sale thereof to be equally divided at her decease among the whole of the legatees. -- Item I give and bequeath to my son Stephen Cantrell and his heirs and assigns forever two certain tracts of land lying in Wilson County on the(Cumberland) River each containing one hundred and twenty acres agreeably to the butts and bounds specified in patents No 4307 and 4308 also one third part of lot No 73 in the town of Nashville in Davidson County also an equal proportion with my other legatees of all my other property directed to be sold at my decease, cash on hand accounts bank stock etc. provided he pays me 2562< mint dollars or in specie, an obligation given me by himself (Partway) etc. together with the balance of said assigned (page 3) Obligation if unpaid before my decease. Item I give and bequeath to my daughter Sarah Willis wife of Caleb Willis her heirs <born of her body> and assigns forever one hundred and fifty acres of land part of a tract patented to William Bowen lying on the north side of the Cumberland River in Sumner County adjoining Jesse Garrett agreeably to the butts and boundaries of a deed of transfer made to me by the heirs of David Carson and adjoining the tract I have heretofore conveyed to the said Sarah Willis on the west and Mosses Rule on the south; I also give her a certain negro boy named John also an equal proportion with my other legatees of all the other property to be sold at my decease, with the cash on hand, accounts, obligations, Bank Stock etc. It is also my will that the whole of the property that is bequeathed the said Sarah Willis be kept in the possession of my said executors and no part thereof be surrendered to her but on application made by her to the aforesaid executors and should any suits of law or equity be hereafter commenced by her husband Caleb Willis relative to this will it shall hence be the duty of my executors to sell the aforesaid property and the proceeds of said sale to be by them kept and surrendered to her only on her personal application and in case of her death to be equally divided between her children when they shall arrive to the (page 4) lawful age. Item I give and bequeath to the children of my son Ota Cantrell, their heirs and assigns forever a certain tract of land containing two hundred and seventy four acres lying on the east fork of Stones River on a branch of the east side of the east fork commonly known by the name of Andrews Branch in Rutherford County. Beginning at a buckeye and ash running east one hundred and forty eight poles to an ash, north five hundred ninety six poles to a stake, south two hundred and six poles to the beginning, also an equal proportion with the other legatees of all my other property herein directed to be sold at my decease with the cash on hand, accounts, obligations, Bank stock etc.- the whole to be kept in the hands of my said son Ota during his natural life. Item I give and bequeath to my son William Cantrell his heirs and assigns forever in addition to what I have heretofore deeded him all that part of Wilkerson's tract of land that lies west and south of Station Camp Creek in Sumner County if not sold before my decease, also one half of a lot in the town of Gallatin in Sumner County known as lot No 9 in the northwest square of said town, also an equal proportion with the other legatees of my other property herein directed to be sold by my executors also the cash on hand, accounts, Obligations, Bank stock etc.-- (page 5) Item I give and bequeath to my son Zebulon P Cantrell his heirs and assigns forever an equal division with his brother Darby H Cantrell of fourteen hundred and seventy four acres of land in five different tracts lying on the north side of the Cumberland River opposite the mouth of Obey's River in Jackson County also one third part of lot No73 in the town of Nashville Davidson County, also an equal proportion with the other legatees of all my other property herein directed to be sold at my decease also cash on hand, accounts, obligations, Bank stock etc. also a cow and calf, a featherbed bedstead and furniture. Item I give and bequeath to my daughter Mary Edwards wife of William Edwards son of Nathan Edwards her heirs and assigns forever in addition to what I have heretofore given her, one half of Lot No 9 in the north west square of the town of Gallatin Sumner County also an equal proportion with the other legatees of all my other property herein directed to be sold at my decease also the cash on hand, accounts, obligations, Bank Stock etc. provided that the said William shall abide by a verbal agreement heretofore made between the said William (page 6) and myself to wit. That should the said Mary survive him the said William and there should be no issue that he the said William shall surrender the whole of the aforesaid property to him bequeathed to the said Mary by will or otherwise. It is further my will that the said William keep in his possession a certain tract of land on the forks of Station Camp on which he first settled until he is fully satisfied for any costs thereof, for the labor and expenses he was out in improving said place. Item I give and bequeath to my son Darby H Cantrell his heirs and assigns forever an equal division with his brother Zebulon P Cantrell of fourteen hundred and seventy four acres lying on the north side of the Cumberland River opposite the mouth of Obey's River Jackson County also one third part of lot No 73 in the Town of Nashville Davidson County and an equal proportion of all the other property with the other legatees herein directed to be sold at my decease also cash on hand, accounts, obligations Bank stock etc. also one cow and calf, one featherbed bedstead and furniture. Item I give and bequeath to my son James Madison Monroe Cantrell his heirs and assigns forever (page 7) four hundred and eleven acres of land more or less, lying in Rutherford County on Stewarts Creek being the balance of a preemption of a six hundred and forty acre tract granted me by the state of North Carolina being the place whereon my son Ota now lives, also a certain Negro boy named Toney, one cow and calf, one feather bed, bedstead and furniture with an equal proportion to the other legatees of the property herein directed to be sold at my decease, cash on hand, accounts, obligations, Bank Stock etc. Item I give and bequeath to my son George Clinton Jefferson Cantrell his heirs and assigns forever one half of my home plantation on Madison Creek, Sumner County containing by estimation six hundred acres and that on my decease the said half be rented out for the use of him the said George and at the decease of his mother the other half of said plantation tract of land, also a certain Negro boy named Jerry, one cow and calf and an equal proportion of the other property as my other legatees herein directed to be sold at my decease, accounts, obligations, Bank Stock etc. (page 8) It shall moreover be the duty of my said executors to keep in their possession the property etc given and bequeathed to my two sons James Madison Cantrell and George Clinton Jefferson Cantrell to keep until the aforesaid James and George shall arrive at lawful age. -- It is moreover my will that all my other property both real and personal not heretofore particularly specified shall at my decease be exposed to public sale by my said executors at the Credit of twelve months, then purchase (growing) bonds with approved security. In testimony whereof I have hereto set my Hand and affixed my seal this fifth day of December in the year of our Lord One Thousand eight hundred and twenty three and the forty eighth year of American Independence.
Signed, sealed & acknowledged Stephen Cantrell
in the presence of these witnesses -
Shadrack Nye
Henry G Grizzard
Elijah Flack
Weston Scruggs
(page 9) Codicil -- In addition to this will and testament it is my will that the Balance of the obligation I hold on Stephen Cantrell Junr (payments) etc. <if not paid before my decease> descend to my son in law William Edwards & my son Darby H Cantrell for the term of four years from the time it is collected free from interest, they giving their obligation payable in like money as specified in said obligation. (Three lines crossed out in the original) In witness whereof I have hereunto put my hand and seal this 25th of August 1824. Stephen Cantrell
Test
Weston Scruggs
Shadrack Nye
In addition to this will and testament I hereby announce the following from circumstances which have transpired since signing and sealing thereof viz-That should my wife Mar Cantrell (attract) matrimony and marry any other person after my decease, she shall then be entitled to one horse and saddle, one feather bed and furniture and (page 10) surrender up into the hands of my aforesaid executors the whole of the other property bequeathed her by this will, and it shall be the duty of my said executors to take it into their possession and make sale of it in the manner and form of the other property heretofore mentioned and in case she and her husband should separate or disagree, then and in that case it shall be the duty of my said executors to allow the said Mary a reasonable support. It is further my will that a certain piece of land of one hundred & fifty acres part of a tract heretofore bequeathed to my daughter Sarah Willis including the house and improvements whereon Matthew Rice lived the last season be sold by my said executors at a credit of some twenty and five years taking bonds with sufficient security provided they can sell it for $2000 and the money when collected be surrendered to the said Sarah or her heirs born of her body thence on their personal application and should the said Sarah prefer taking the land place whereon William Edwards formerly lived in the forks of Station Camp as a full compensation (page 11) for the aforesaid tract of one hundred and fifty acres heretofore mentioned that the said Rice lived on, then and in that case the said Sarah shall surrender up the aforesaid tract of 150 acres to my said executors to be sold and equally divided among all my legatees heretofore named. - In witness whereof I have hereunto set my hand and seal this 7th day of January in the year of our Lord one thousand eight hundred and twentysix.
Stephen Cantrell {seal}
signed, sealed and acknowledged in presence of these witnesses - the several testaments and (erasures) they also acknowledge
Benjamin Taylor
Samuel Kirkpatrick
Everard Ellis
David L Nye
Shadrack Nye
(page 12) Codicil -- In addition to this will and testament from events which have recently taken place I do hereby insert the following viz. As there is a suit at law commenced against me by Mary H Bowen and Samuel A Bowen in the Circuit Court of Sumner County also a suit commenced by me against Daniel S willis in the aforesaid courts --Now in case of my decease before the termination of these said suits it is my will that my executors heretofore named legally and attentively attend to the said suits and in the case of my decease before the suit against the said Daniel S Willis shall be decided, that my executors shall renew the suit and prosecute it with effort until decided by due course of law. As compensation and for any trouble or expense that my said executors may be subjected to in consequence of said suits that they may be amply satisfied from my estate and that any said executor who may or cause to act be compensated to the sum of twentyfive dollars -- In witness whereof I have hereunto set my hand and seal this sixth day of April 1826. Stephen Cantrell
Signed and sealed in the presence of
Shadrack Nye
David L Nye
Sarah F Nye
(page 13) (a part seems to be lost) and do hereby ratify and confirm this will and every part thereof.--In testimony whereof I have hereunto set my Hand and seal this eleventh day of November in the year of our Lord one thousand eight hundred and twenty six. Stephen Cantrell
Signed, sealed & acknowledged in presence of
Shadrack Nye
Stancil Wood
Minerva Willis (his granddaughter - CM)
Edmund Smith
State of Tennessee Sumner County Court February Term 1827.
The within paper writing purporting to be the last will and testament of Stephen Cantrell decd & Codicils thereunto added was exhibited in open court for probate and was duly proven by the oath of Shadrack Nye & Edmund Smith two of the subscribing witnesses thereto, forwarded to be recorded and thereafter William Cantrell, Zebulon P Cantrell, William Edwards & Stephen Cantrell Jr the Excrs named in said last will and testament came into court and agreed to take upon themselves the duties of execution thereof and together with James Douglass, Allen Reese & Leon Hunt their securities entered into and acknowledged their bond to the Governor in the sum of two thousand dollars Conditioned as the law decrees and took the Oath of Executors prescribed by law
A H Douglass Clerk of said court