This is a transcription of the Will of William Sterling O’Rear written on 16 Feb 1849 in Franklin County, Tennessee and probated upon the death of William O’Rear in May of 1851 at the May 1851 term of the County Court of Franklin Co., Tennessee.I obtained the will from the Archives at Franklin County Court, Franklin Co., Tennessee on Nov 17, 2010.
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Franklin County, Tennessee - Will Book 1808 – 1876, pg 284-286
In the name of God Amen, I William Orear of the County of Franklin in the state of Tennessee being of sound mind and memory do make and ordain this my last will and testament in manner and form following,
Item 1st I decree it that all my stock and crops on hand at my death be sold on a credit of one and two years.
Item 2nd, I direct that my land shall be equally divided among Sally Covey, Polly Covey, Matilda Knight, Peggy Newman, and Benjamin Orear, all my children and my wife Nancy Orear If it can be done so as to satisfy all parties.But if this cannot be done I direst that it be sold on a credit of one two or three years and that the money be equally divided among the above named parties.
Item 3rd, I direct that my negroes be equally divided among my before mentioned children and my wife by Benjamin Decherd.
Item 4th, I give and bequeath one equal sixth part of all my estate – money, land and negroes, after the paying of my debts and special legacies to each of my before mentioned daughters, Sally Covey wife of Jesse Covey, Polly Covey wife of the late Allen [Abner] Covey, Matilda Knight wife of William B. Knight, and Peggy Newman wife of Isham Newman, during their natural lives for their separate use and maintenance and Education of their children and at their death to be equally divided among their children then living and the issue of any child that may be dead such issue to stand in the place of their deceased parents.
Item 5th I give to my wife Nancy Orear one sixth part of all my estate after the payment of my debts and specific legacies during her natural life and at her death I give what may remain of the above legacy to my stepson (the son of my said wife) William Durham to him and his heirs forever.
Item 6thI give and bequeath to my two grandchildren, Easter and Tempy Knight, children of my daughter Matilda Knight, one hundred each to be used for their education.I also give and bequeath to my son Benjamin Orear my stock in the Nashville and Chattanooga Rail Road and should I die before said stock is paid for, I decreed that it be paid out of my estate before any divide is made of it so that my said son may have the entire stock without it costing him any thing.
Item 7thAll the property heretofore devised to my daughters Sally, Polly, Matilda and Peggy, I hereby vest in my friend Benjamin Decherd as trustee and desire that any money that may be received under said devise from the sale of land, stock etc, to be put out at interest or be vested in property for their benefit at the discretion of said trustee but the said property is not to be consumed in the maintenance of my said children nor are they to anticipate the same by contracting debts upon the faith thereof but the profits of said property above is to be used by them.
Item 8thI direct that all my perishable property not heretofore mentioned, to be sold on such terms as my executor may think proper and all my just debts to be paid.
Item 9thI give to my son Benjamin Orear one sixth part of all my estate to him and his heirs forever.
Item 10thI appoint my friend Benjamin Decherd my sole executor and direct that my executor shall appoint if he deems advisable trustees in his name and stead for my four daughters In testimony whereof I have hereunto subscribed my name and affixed my seal this 16th February 1849
signed, sealed & published in our presence
WB WagnerJames Campbell
County Court May Term 1851
Then the last will and testament of Wm Orear decd was presented to court for probate and was duly proven by the oaths of W.B. Wagner and James Campbell the subscribing witnesses thereto and ordered by the court to be recorded. Witness my hand at office this ____ day of _____ 1851
Wm E Taylor, Clk [clerk of said court]
State ofTennessee ) Franklin County.) I, Geo Moseley Clerk of the County Court of Franklin County, Tennessee; Do hereby certify that the within and foregoing is a true and perfect copy of the last will and testament of Wm Orear deceased, as appears of record in my Office, in Will book 1 and 2 Page, 285 & 6.
Given under my hand and seal of Office, at Winchester Tennessee, this Jan 12th, 1907. Signature George Moseley County Court Clerk
*note, the dates above were left blank on the original will (Witness my hand at office this ___ - date left blank)
Transcribed by T.R. Linn & T.R. Galbraith, Nov 18, 2010 (great-great-great-great granddaughters of Wm S. O'Rear)