The Will of Smith Palmer

A scan of the original Smith Palmer will is here. Below is the text.

Will of Smith Palmer, pp. 195-197

In the name of God Amen. I Smith Palmer of Weakley County and State of Tennessee being of perfect mind and memory thanks be given unto God calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament and as touching such worldly estate wherewith it has pleased God to bless me in this life I give divise and dispose of the same in the following manner and form:

-Item first, as I have heretofore given to William A. Palmer my eldest son to the amount of one thousand and seventy dollars. And to James A. Palmer my second son one Negro man named Gilbert valued at one thousand dollars and a certain tract of one hundred acres of land valued at three hundred dollars.

And to Emily M. A. Cavett my eldest daughter one Negro girl named Margaret vauled at seven hundred dollars and one Negro boy named Doctor valued at six hundred dollars.

Item 2nd As the above named William A. Palmer, James A. Palmer and Emily M. A. Cavitt have received each of them the above named sums I now proceed to give and bequeath John w. Palmer my third son Henry 0. Palmer my fourth son, Mary R. Palmer my second daughter, Elizabeth C. Palmer my third daughter all these last four jointly and severally the number of eight Negroes viz. I give unto John W. Palmer, Henry O. Palmer, Mary R. Palmer, and Elizabeth C. Palmer Reuben, Isham, Henderson, Manuel, Ralph, Ailsey, Ann and Reeny which last mentioned eight Negroes to be equally divided between John W. Palmer, Henry O. Palmer, Mary B. Palmer and Elizabeth C. Palmer as each become of age.

Item 3rd I also give and bequeath unto James A. Palmer, Emily M. A. Cavett (p. 196) John W. Palmer, Henry 0. Palmer, Mary R. Palmer and Elizabeth c. Palmer the number of five Negroes viz. Amy. Guida, Willis, Thomas and Jim jointly and severally to be equally divided among them after my decease.

Item 4th I give and bequeath unto my beloved wife Elizabeth Palmer and Amanda M. F. Palmer, Tennessee Palmer, Virginia Palmer and Edward H. Palmer a certain number of Negroes viz. Nick, Nancy, Wat, Charles, Washington, Susan, Phil, and Isaac to be jointly and severally and equally divided between Elizabeth Palmer my beloved wife and Amanda M. F. Palmer, Virginia Palmer, Tennessee Palmer and Edward H. Palmer.

Item 5 I give and bequeath unto my beloved wife Elizabeth Palmer the manner Negroes viz. Nich, Nancy, Wat, Charles, Washington, Susan, Phil and Isaac to have and to hold the same and the use of them while she Elizabeth Palmer my beloved wife remain a widow.

Item 6th, I do and it is my wish that all my lands house-hold furniture and perishable property shall be sold after my decease and the money equally divided between Elizabeth Palmer my beloved wife, James A. Palmer, William A. Palmer, Emily M. A. Cavett, John W. Palmer, Henry o. Palmer, Mary B. Palmer, Elizabeth c. Palmer, Amanda M. R. Palmer, Virginia Palmer, Tennessee Palmer and Edward H. Palmer.

Item 7th It is my wish that John w. Palmer shall act and be executor ofmy estate and lt is further my wish that the court do not demand any bond and security from the said John W. Palmer for the same. It further my wish that John w. Palmer my executor should sell all my lands either publicly or privately on a credit of one two and (p. 197)_three years and all my perishable property and household furniture and to be sold at public sale on a twelve months credit.

Item 8th It is my wish that Leonard s. Langley shall take care of my daughter Mary R. Palmer ad act as guardian for her. Also for Paul Palmer to take my daughter Elizabeth C. Palmer and act as guardian for her.

And I the said Smith Palmer do hereby utterly disallow revoke and annul all and every other former testament and will legacies bequests and executors by me in any wise before named willed and bequeathed rectifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this sixth day of September in the year of our Lord ·one thousand eight hundred and thirty nine.

Smith Palmer (Seal)

Signed, sealed, published, pronounced and declared by the said Smith Palmer as his last will and testament in the presence of us who in his presence and in the presence of each other have herewith subscribed our names.

George W. McWhorter

Hiram Jones

James Brann

 

State of Tennessee

Weakley County April Term 1840

This was the execution of the foregoing last will and testament of Smith Palmer proven in open court by the oaths of George w. McWhorter, Hiram Jones and James Brann subscribing witnesses thereunto and ordered to be recorded.

John C. Dodds, Jr. Clerk