yesterday's tennessee

JOHN RUSHING LAST WILL AND TESTAMENT (Bedford Co., TN)

from the research notes of Francis Thomas

JOHN RUSHING Last will and Testament

Be it Remembered I JOHN RUSHING of Bedford County State of Tennessee being now advanced in age and knowing that it is appointed for all men to die and being of sound mind and memory I do make and ordain this my last will and Testament herby revoking and making void all other wills heretofore by me made of former date.

First I direct that all my just debts and funeral expenses shall be paid as soon after my death as possible out of any money that I may die possessed of that may first come into the hands of my Executor.

Secondly It is my will that my beloved wife Sarah Rushing shall have a comfortable mantainence and Support from my Estate for and during her natural life and for that purpose I direct that there shall be raised from my Estate the Sum of three thousand Dollars which amount is to be placed or put at Intrust and the intrust thareof to be paid to my wife in Semi-annual payments and further I direct that until such time that the money can be raised to be put at Intrust that She Shall be comfortable maintained out of any other proceeds of my Estate and it is further my will that my wife shall retain for her use one Bed & furnature (her choice) and as much other of my household furnature as she may wish to keep for her use during her life the money above mentioned my Executors may retain the Same in thare hands and pay intrust thareon or they may let it out in other hands if they choose to do so.

Thirdly It is my will that my son Abel Rushing have my negro man Henry and my negro boy Frank and I herby give them to him at valuation

Fourthly I give and bequeath to my son Melton Richmond Rushing my negro man Calvin and his wife Mary and my negro boy Jesse Green at valuation. But if my son Melton R. is not willing to receive so much negro property then in that case he may devid with Abel Rushing or he may allow Abel Rushing to keep the whole lot at valuation.

Fifthly I Give and bequeath to my daughter Permelia Rucker my negro woman Goodlee and child Sandy and my negro boy Jim for her sole use and benefit for and during her life and after her death it is my will that said negros and any increase there may be shall descent to and belong to her children forever

Sixthly I give and bequeath to my daughter Elizabeth C. Wheeler my negro boy Minas and negro girl Balyona for her sole and seperate use and benefit for and during her natural life and after her death it is my will that said negros and any increase thereof shall decend and belong to the children of my said daughter Elizabeth C. thare heirs & assigns forever.

Seventhly It is my will that the Residue and remainder of my Estate both Real personal shall be sold by my Executors the Personal property on a twelve month credit and my land to be Sold on one two & three years Credit the land to be Sold ether publick or at a private sale as my Executor Shall think best and my Executors may sell the land on a shorter credit if they wish or can do so after the money is collected ariseing from the Sale of my lands and other property is to be Distributed as follows.

It is my will that my granddaughter Rebecca C. Davis and Dorcas Gilly shall have one thousand Dollars from my Estate to wit I direct that my Executors shall purchase for them two Small negros the title to be made to them dureing thare natural lives and thereto discend to thare children including any increase that may be from said negros But if Dorcas J. Gilly should die leaving no (illegible) her Sister Rebecca shall have her share. It is my will that my Executors shall purchase for my Granddaughter Mary Palestin Wheeler a negro woman or two small Girls to be worth one thousand Dollars and the title to be made to her my said Granddaughter during her life and then to her children after her death including any and all increase of the said negro or negros. It is my will that my Grandson John Landers shall have one thousand Dollars from my Estate provided he shall live to be twenty one years of age But if he shall die before that time Leaving no issue this bequest is to be void.

Furthermore It is my will and I so direct that in case my children Shall not agree as to the value of the negros I have bequeath to them then and in that case I direct that my Executors Shall choose three or Five men of the neighborhood freehold holders and slave holders to value them whose valuation Shall be find among the parties after the death of my wife and after the Estate that is Specially made to my grand children is paid off then any Effects of my Estate that may be in the hands of my Executors shall be equally divided amongst my two sons and my two Daughters that are now living and the children of any that may be dead Counting in the value of the negros bequeathed to them and all my children made equal But I direct that Should there be money in the hands of my Executors for my two Daughters my Executors shall lay out the money for them in a negro or negros and the title made to them and thare children in like maner to the negros I have bequeathed to them.

Lastly I do herby appointed my two sons Able Rushing and M. R. Rushing my Executors to carry out the provision of this will for which trouble they must be reasonably compensated out of my Estate in witness whereof I have hereunto set my hand and seal this 11th day of September 1856.

Signed and acknowledged in our presence this September the 11th Day 1856

John Rushing (Seal)

Test Andrew Vanney

John Vanney

Wm. J. Chunn

Acknowledged by the Testator in our presents the 6th day of January 1857 and requested us to subscribe our names as witnesses

T. G. Wood

N. M. Taylor

James Wood

I John Rushing having heretofore made and published my last will and Testament do make and declare this as a codicil thereto to wit Since the making and Executing of my Said last will and Testament I have made a purchase of a Tract of land lying and being in Cannon County near to or adjoining the Town of Woodbury containing two hundred Acre more or less Now therefore it is my will and desire that my Son Abel Rushing shall have the Said tract of land at it valuation and that he Shall account for the same in settlement of my Estate and it is my desire that this codicil be attached to and constituted a part of my will to all intents and purposes this 6th day of January A. D. 1857.

John Rushing (Seal)

Executed in the presence of us this 6th day of January A. D. 1857

T. M. G. Wood

N. M. Naylor

James Wood

State of Tennessee Cannon

Sept. Term of Said County Court A. D. 1857

Then personally appeared in open Court the within name T. G. Wood N. M. Taylor & James Wood the Subscribing witnesses to the within paper writing purporting to be the last will and Testament of John Rushing Deceased who being first Swon Depose and (omission) that they were acquainted with the said John Rushing the Testator in his life and on the day he signed said Will and codicil and was of sound and Dispossing mind and that he Signed and acknowledged that he Executed the Same in there presants on the day it bare date to be his last will and Testament with the Codicil and witness Brinkly Laseter Clk. of Said County Court at office this the first Monday in Sept. 1857

B. Laseter Clk.

Registered 8th Sept. 1857.

B. Laseter Clk.

Cannon Co., TN Will Book 1836-1859 -- Vol A, pp. 128-132]

This will was copied from microfilm at Clayton Library, Houston, TX.