Will of Francis Weathered: Signed 22 Jan 1824, recorded Nov 1830
Source: Will Book II, p. 113, Microfilm, Sumner Co. Archives
In the name of God and what I believe to be impartial Justice, Francis Wethered of the County of Sumner and State of Tennessee, being of sound mind and memory, do make and constitute and publish this my last Will and Testament, in the words, manner, and form following: Whereas I have already given and granted to my sons John Wethered and Robert Wethered, a tract of land, lying on or near the head of the Creek which runs through the Grimfield plantation into Bledsoe's Creek, on their own risk of recovery or loss, the said tract of land, lying in dispute, containing two hundred acres, more or less which is double the porportion of real estate. I have allotted for my other sons and whereas, I have given to my son Francis Marcus Weathered fifty acres of land, and to my son Thomas Weathered fifty acres of land which he sold to my son Francis Marcus, and for which together with the fifty acres I gave him, my son Francis Marcus Weathered has received a deed from me. And whereas I gave to my son James Weathered, thirty eight acres of land, intending the tract should contain fifty acres, and whereas the said land was lived on by Execution and redeemed by my son Robert on condition and by compact, that the said thirty eight acres should return
to me, and that Robert should receive a deed for fifty acres of land elsewhere, which deed if have not given him it, I will. And whereas I have given by deed to my son Francis Marcus Weathered eight acres of land, included in his deed for one hundred and fifty acres, and whereas I intended to give my son William by deed fifty acres of land whenever he may request it, and if the providence of God shall prevent said deed from being made, this my will expressed shall be considered in law and equity his title thereto. Now therefore after all the foregoing donations, being seized and lawfully possessed and owning free from encumbrance, one hundred and twelve acres of land on which I now live. Therefore, first I give and devise and bequeath to my beloved wife Frances Weathered in lieu and full satisfaction for her love in for and during the time of her material life, and no longer, the house in which we now live together with one hundred and twelve acres of land, the balance remaining to me after the foregoing donations shall be deducted from the three hundred and twenty acre tract as it originally stood which house and land at the death of my said wife and to be set up to sale among my children, and sold to the highest bidder, and the money arising therefrom to be equally divided as follows, to my daughter Patience, now Patience Wood is to be given, the one fourthpart of the money arising from said sale of land, provided said fourth part does not amount to more than Five Hundred Dollars, to my daughter Elizabeth, now Elizabeth Causley is to be given the one fourth part of the money arising from said sale of land provided said fourth part does not amount to more than Five Hundred Dollars, to my daughter Milly, now Milly Bledsoe is to be given the one fourth part of the money arising from said sale of land, provided said fourth does not amount to more than Five Hundred Dollars, to my daughter Sarah, now Sarah Myers is to be given the one fourth part of the money arising from said sale of land provided said fourth does not amount to more than Five Hundred Dollars, but in the event of said land selling for more than two thousand dollars in that case the over-pluss shall be divided among all my children excepting my son Robert, to whom I think I have already given more than his share, and if the said land shall sell for less than two thousand dollars, the amount of Five Hundred Dollars apiece is to be made up to my daughters our of the sales of my personal estate, which estate exclusive of two beds, two chairs, one sugar chest, and one chest for clothes which I hereby give without any condition to my wife Frances altogether and wheresoever found, I desire may be sold at the discretion of my Ex'ors hereafter named, and the money arising from said sales, equally divided after making up to my daughters each Five Hundred Dollars, among all my children excepting Robert who is to be excluded from such division until all my other children shall have received as much of my estate as he has, after which he shall come in with the rest of them share and share alike, in the over-pluss. I hereby give devise and bequeath to my wife Frances Weathered for and during her natural life with their increase my Negroes Peyton and Ann, but she is neither to take them out of the State nor to hire them out of the County of Sumner, at her death they are to be sold by my Ex'ors to the highest bidder among my children, and the money to be divided among my children equally except my son Robert who is to be excluded until the shares of my other children shall be equal to his when he shall be equally shares with them, if any overpluss. I hereby desire and make known to my Ex'ors, that I wish my Negroes Tuck, Frank, Reuben, and Dick to be sold among my children, to the highest bidder, and the money arising from such sales to be divided among all my children equally excluding my son Robert until my other children shall have received as much of my estate as he has, after which he shall share equally with them in any overpluss. As to the residue of my personal property, exclusive of what I specially directed the disposition of, it is to be sold at the discretion of my Ex'ors and the money arising therefrom equally divided among my children excluding Robert, until their shares of my estate shall equal what he has received, after which he shall come in for his equal portion of the overpluss. I do hereby nominate constitute and appoint Gen'l James Winchester, and Gen'l William Hall Ex'ors of this my last will and Testament, hereby revoking and annulling all former wills by me heretofore made, satisfying and confirming this and only this as, and for my last Will and Testament.
In Testimony whereof I have hereunto set my hand and affixed my seal This Twenty Second day of January, in the year of Our Lord One Thousand Eight Hundred and Twenty Four.
The words twelve instead of eight are interlined on the 2nd page.
In presence of us the subscribing witnesses Frances Weathered, (Senr) the Testator signed, sealed, published and delivered the foregoing as, and for his last Will and Testament. In Testimony whereof in the Testator's presence, and at his request, and in the presence of each other we have hereunto subscribed our names.
State of Tennessee
Sumner County Court Nov. Term 1830
The Last Will and testament of Francis Weathered dec'd was exhibited in open Court for probate and was duly proved by the oaths of William Stuart, Peter Hanes, and John Weathered, three of the subscribing witnesses thereto and ordered to be recorded.
A Copy Test.
A.H. Douglass, Clerk of Said Court
State of Tennessee
Sumner County Court November Term 1830
Ordered by the Court that John Weathered be appointed to Admn with the will annexed of all, and singular the goods and chattles, rights, and credits of Francis Weathered dec'd thereupon, the said John Weathered with H. Bate and Jas Robbins securities intend to and acknowledged their bond to the Governor in the sum of Six Thousand Dollars, conditioned as the law directs, and took the oath of Admn proscribed by law. Wm. Hall the only surviving Executor named in said will having appeared in Court and remanded.
A Copy Test--
A. H. Douglass, Clerk of said Court