Tom McCabes Genealogy 2022

Transcribed by Laurie Shaft © 2002

Will of John McMurtry Signed 6-Sept-1831 Proved Apr-1841

Source: Source: Sumner Co., TN Will Book 2, page 278.

In the Name of God, Amen: I, John McMurtry, being in reasonable health at this time, yet of sound mind and memory, do take this opportunity to make this, my last will, in manner following.

First, I resign my Soul to God, who gave it, and my Body to the earth from whence it came, to be buried at the discretion hereinafter named.

I leave to my wife, Peggy McMurtry, the plantation on which I live, at the time, with all that I own for her support during her lifetime. But, should she marry again, she is to have only my mare called Fly, and saddle and bed, and go off the plantation with her husband.

She is not to give away any of the property to one child, more than another of the children. They must all share alike.

I leave my sister, Jane Hammond, the house and lot where John Garrett Jr now lives, with wood for her fire and water from my spring, for her use, if she will live on it. But, it she will not live there, it returns to the plantation again.

When my wife, Peggy McMurtry, dies or marries, the children, Henry, John Jr, Asa, Thomas Wilkerson McMurtry, Jenny Garrett and Polly Forrester, can divide the land if they can agree about it. If they cannot agree, it must be sold with the rest of the property and the money equally divided with the children.

Should my wife, Peggy McMurtry, think she has more property when I die than she wants to keep, she can sell it and live on the money.

Should my wife, Peggy McMurtry, think proper to give up her claim on the place and property to her children, so as they could have their share at my death, she may do it, they, giving her bond and security for so much money, yearly, or to support her during life.

The names of my executors are: Asa McMurtry Thomas Wilkerson McMurtry Samuel Kirkpatrick

s/John McMurtry

6 Sept 1831 Signed, sealed, delivered Witnesses: Hugh Kirkpatrick, Benjamin Taylor, William Lowry

Proven 1841, County Court, Sumner Co., TN Will Book 2, page 278