Benjamin Howell Will of 1799

 

Benj. Howell's Will. 

In the Name of God Amen.  I Benjamin Howell Senr being of sound Sence and memory tho weak in body do Constitute this my last Will & Testament revoking all other Wills by me heretofore made.  Impremis.  My Will and desire is that all my Just Debts shall be paid by my Ex'ors.  Secondly my Will and desire is that the land I now live on shall be devided by Bird Smith and William Griffith in the manner following vis. beginning on a tree in the line ten rod on the left hand side of the path leading from my home to my son David Howell & the course to be so as to cross the creek ten rod below the fording from my house to Bird Smith's & the Same Course continued to the back line or the one on the opposite Side of the land and my son Benjamin Howell his heirs assigned to own all the land on the North West side of said lines and my daughter Mary Howell her heirs & assigned to own all the land on the South East side of the said line.  Also  I give & devise to my son Benjamin Howell my young sorrell horse,  a cain, his choice of any except the one  hereafter given away, a plow and two pair of iron traces.  I give and devise to my Daughter Mary Howell my sorrell mare on proviso she relinquishes all claim to the bay mare generally known by the name of her mare also a cow Called pied & a red two year old heifer also seven head of sheep and one dutch oven two pots the pewter and the loom & shears & one feather bed furniture and one chest and all the kitchen furniture in addition to what is mentioned.  My Will and desire is that all the rest of my estate shall be sold at the highest bidder on the first day of October next after my decease and the money to be equally diveded amongst all my children except my son Benjamin who is to have five pounds more than the rest as a compensation for his services for the trouble I expect he will be at in settling my affairs.  Lastly I appoint my brother Joshua Howell and son Benjamin Howell Executors to this my Last Will and Testament.  In Witness whereof I have hereunto set my hand & seal this 25th day of April 1799.

Interlined & raxed out}

before Signed}

Witness                                                          Benjamin (O-his mark) Howell Senr.

Bird Smith

Joshua Howell

Marcus (m-his mark) Likins

Benjamin (X-his mark) Hickman    

 

Montgomery August Court 1799

This Last Will and Testatment of Benjamin Howell deceased was presented in Court and proven by the Oaths of Bird Smith, Marcus Likins and Benjamin Hickman three of the Witnesses thereto & Ordered to be Recorded.  And on the motion of Joshua Howell and Benjamin Howell the Executors therein named who made oath and entered into Bond with Security according to Law, Certificate is granted them for obtaining a probate thereof in due form.

            Teste   Charles Taylor          CMC

 

Benjamin Howell Appraisal

Given October 3, 1799 by James Thompson, Benj'n Weddle and John Vancil

Returned April 1800   Charles Taylor CMC

 

 

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