F. Shuman Will p. 596 & p. 597, County Clerk Minutes, TSLA Roll #1609, Davidson County - County Clerk Minutes Recorded October 28, 1828, Court October Sessions 1828
Be it remembered that on this day Betsey Smith produced in open court a paper writing or memorandum in the words and figures following to wit We the undersigned witnesses do hereby testify and make known and declare that during the last illness of the late Frederick Schuman who departed this life on the 24th Inst. he did in our presence declare it to be his will and desire that after his death, all his property and estate should go toBetsey Smith then living with him. Given under our hands and seals this 26 day of September 1828. F.H. L __, Lewis Shirley, Elizabeth Haynes. And offered to prove the same as a nuncupative will of Frederick Schuman deceased late of said county. And thereupon Henry Gingery in right of his wife Catherine who alledges herself to be next of kin to said Frederick dec'd came into court and contests the probate of said nuncupative will and prays that a jury of the country may enquire whether the said paper is the nuncupative will of said Frederick dec'd. Whereupon the court order that a jury be impannelled who upon their oaths shall try the issue of fact and say whether the said paper writing or the substance thereof is or is not the nuncupative will of the said Frederick dec'd executed in due form of law. To try which issue came the following Jury of good and lawful men To wit [jury names]….do say that the said paper writing or memorandum is the nuncupative will of the said Frederick dec'd. that it was executed in due form of law during his last illness at his own residence and the same was reduced to writing within ten days after the death of the said Frederick decd. and that more than fourteen days have elapsed since his decease. It is therefore consideredby the court that said paper writing be admitted to record as such will of the said Frederick dec'd and that the said Henry Gingrey and wife pay the costs of this suit etc. and that execution be issued etc.