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Will 1838 TN Hardeman Dever Jane


Description
Wills, 1824-1920, 4-116, 246


Author
County Court, Hardeman Co. TN


Publisher
LDS film 989298


Source Text
Jane Devers Will


Through the Mercies of God
   I Jane Dever in soud mind and same memory do make and publish this my last will and Testament hereby revoking and making void all other wills by me at any time made. First I direct that my funril expences and all my debts be paid as soon after my death as posiable out of any monies that I may die possessed of or may first come into to the hands of my Executor.  Secondly I give and bequath to Mary Campbell and the Heirs of her body the following named property: one negro man by the name of Jesse another named Thomas a negro woman by the name of Biddy another woman by the name of Allis and her two Daughter one named Seaneth another named Suickey a negro man by the name of Junus also another negro man by the name of George and also a woman by the name of Eand and Erinus five children namely 1st Matilday 2nd Emaly & 3rd a boy named Mingo 4th named Harry 5th named Pinctney also a boy by the name of Samuel and one other boy by the name of Alford also a man by the name of Nead and Neads Wife Juday and her four children namely 1st Sintha 2nd named Caludono 3rd by the name of Mariaro 4th by the name of Stiphenrick and a negro woman by the name of Rachel and her child named Elizabeth & Five head of Horses 1 Roan Josephes horse 1 Sorrell mare 1 Bay mare & calf one Sorrell Filly and all my stock of Cattle and Hogs and house hold furniture except the following named beds & furniture.  Thirdly I give & bequeath to Jane Campbell my bed and furniture that I slept in Fourthly I give and bequeath to my brother William Dever one bed & furniture.  Lastly & all my property above mentioned and the the increase of the same to Mary Campbel and heirs to have and to hold forever I do truly nominate and appoint Charles Campbell my Executor In Witness Whereof I do this my will Set my hand and seal this the 26th day of June 1838.
     Jane her O mark Dever (seal)

Signed Sealed and Published in our presents and we have subscribed our names hereto in the presents of the Testator this the day and date above written.
     Thos Park & Jacob Mace

Pleas at the Court house in the Town of Bolivar in the County of Hardeman and State of Tennessee heard and determined before the Hon. Ephrim W. M. Seing Judge of the Commercial and Criminal Court of Memphis who interchanged Ridings with the Hon. Wm C Dunlap Judge of the 11th Judicial Circuit of said State at a circuit court began and held for such County on the 4th Monday in February A.D. 1847. Be It Remembered that at the said February Term 1847 to wit on the 3rd day of March A.D. 1847 the following procedings were had and appear of Record to wit:

Charles Campbell Executor of the last will and Testament of Jane Dever Decd.
vs. } Contested will from County Court
John L Smith } No. 22

This day came the parties by their attorneys and thereupon the defendant filed his affidavit and moved for a continuance of the case and on consideration of said motion It is ordined by the Court that said motion be overruled to which oppinion the court the defendant Except and Thereupon came a jury of good and lawful men towit James R Sixten A. G. Rook M. A. Trice David F Hane William Rumsey Solomon McKiney N. B. Donif William Reves David Turner I. I. Polk James Shins and Alexander Ramsey who being Elected tried and Sworn well and truly to try the issue made up under the direction of the court in this behalf on their oaths do say they find the issue in favour of the plaintiff. That the Said paper writing in the pleadings Specified is the last will and testament of Jane Dever deceased. It is therefore considered by the Court that the said Will and Testament be established and that the plaintiff recover of the defendant the Contesting party the Costs in this behalf &c and that he have his execution. And it is further Considered by the court that a Transcript of all the Procedings had herein be Transmitted to the County Court of Hardeman according to the provisions of an act of the General Assembly in such case made and provided.

State of Tennessee Hardeman County } I Elihu C Crisp Clerk of the Circuit Court for said County do hereby Certify that the foregoing is a Transcript of the Record and Procedings had and determined in our said Court at Febuary Term 1847. in the Case of the Contested Will & Testament of Jane Dever decd.
   In Testimony whereof I have hereto set my name and affixed the Seal of my office at office in Bolivar the 30th March A.D. 1847. and 71st year of American Independance.
       E. C. Crisp Clerk.

Transcript of Circuit Court Jane Devers Estate
State of Tennessee Hardeman County } Be it Remembered that at a Circuit Court began and held for the County aforesaid at the Court house in the Town of Bolivar on the fourth Monday in October in the Year of our Lord one Thousand Eight hundred and forty seven It being the 25th day of said month and in the 72nd year of American Independance before the Hon W C Dunlap Judge of said 11th Judicial Circuit to wit on Thursday the 28th day of the said October Term AD 1847. the following procedings were had in said Court and appear of Record to wit:

Charles Campbell in behalf of his minor children
A M Lambeth & Caroline E his wife
H G Newland & Margritt his wife
E L Grisum & Elizabeth his wife
James M Lillard & Nancy his wife
Joseph Newland & Jane his wife
vs. } Contested Non Cup. will of Jane Devers decesed
John L Smith } No. 5

 This day came the parties by their Attorneys and thereupon came a Jury of Good and Lawful men towit Alford Ruse Jonis Robertson T. Irish James Evins Thomas Grantham James Webb Willey Griggs Milton P Cross John Binkly, Alexander Ramsey David Tumer & Abner C Artirus who being Elected Tried & Sworn well and truly to Try the Issue made up under the direction of the Court in this behalf on their oaths do say they find the Issue in favour of the Plaintiffs. that is to say that the said Jane Dever decesed in her lifetime at her own dweling house during her last sickness and Just before her death in the County of Hardeman did make a noncupative Will of her personal property which she had not desposed of in her written will to this Effect that it was her will and desire that her effects not included in her former written will should after her decease go to the Children of Mary Campbell deceased to be distributed between them. It is therefore considered by the Court that said Non Cupative Will be established and that the plantiffs Recover of the defendant the contesting party the Cost in this behalf &c and thereupon the said Plantiffs assume the payment of one half of the cost aforesaid It is therefore further considered by the Court that defendant recover of the Plantiffs one half the Cost in this behalf for Which Executions may Issue &c. And It is further Considerd by the Court that a Transcript of all the procedings had herein be transmitted to the County court of Hardeman County according to the provissions of an act of the General Assembly in such case made and provided &c.

State of Tennessee Hardeman County } I Elihu C Crisp Clerk of the Circuit Court of said County of Hardeman do hereby Certify that the foregoing is a True and perfect Transcript of the Verdict of the jury and the Judgment of the Court upon the validity of the Non Cupative Will of Jane Dever decd. as the same now stands of Record in my office.
   In Testimony whereof I have hereto set my hand and affixed the Seal of my office at office in Bolivar the 3rd day of November A.D. 1847. and 72nd year of American Independance.
       E. C. Crisp Clerk.