Will of PAYNE, William

Page 96

In the name of God amen, I William Payne Junr. Of the county of Franklin being in weak state of body but of sound senses & memory & calling to mind the mortality of human

nature do make constitute and ordain this my last will & Testament in manner following that is to say. In the first place it is my desire that all my just debts be paid. Item. It is

my desire that my beloved wife Lucy have & enjoy the whole of the farm on which I reside during her natural life with four negroes Aaron, Judith & Charlotte also it is my desire

that my wife should enjoy all the stock of every description with the household & kitchen furniture she giving up to each of my children as they come of age or marry a good bed

& furniture also it is my wish she should have all the farming tools. -- Item it is my will after the above provision is made for my wife that all the residue be divided equally amongst

my ten children taking into consideration the advances already made to --- of them which is here set forth. To my daughter Sally a horse bridle & saddle Bed & furniture to the

value of Eighty Eight dollars. To my daughter Polly Major a horse bridle & saddle Bed & furniture cow & calf two Ewes two sows & pigs & a bureau the whole worth one hundred

& three dollars. To my son Samuel a horse Bridle & saddle bed & furniture cow & calf two Ewes two sows & pigs the whole worth Eighty Eight dollars. To my daughter Elizabeth

Richardson one horse bridle & saddle one bed & furniture one cow & calf two Ewes two sows & pigs & bureau & a negro Girl the whole worth Five hundred & three dollars. To my

son William one horse Bridle & saddle two beds & furniture one cupboard one cow one sow & pigs the whole worth one hundred twenty four dollars fifty cents. To my son John one

horse worth forty dollars. To my son Washington one horse worth Forty dollars. It is my desire that the Negro man Col --- that I sent to my son Samuel and the Negro boy I sent to

my son William should be returned into the general stock and equally divided amongst my children & if they should not choose to return them they can either of them shall take it

for his full part. Item. All the land laying this side of Benson creek which I bough out of Holmes' claim I give to my son John not to be accounted for in the division (extra). Item it is

my desire that my other nine children shall be as all equal to Elizabeth Richardson & the balance equally divided amongst the whole -- be it understood & do direct that the property

to be advanced upon a division of my estate aforesaid to my two Daughters Sally Brown and Polly Major shall immediately vest in. Saml. & William Payne in trust for the benefit &

support of them the said Sally Brown & Polly Mahor during their lives & after their death the Trust shall continue for the benefit of their children until the oldest comes of age when

the trust shall cease as to him or her & the estate equally divided among the children of said Sally & Polly equally so as to give him or her their part of the trust continued as to

the rest until they become of age severally until the youngest shall become of age where the trust shall cease. I appoint my four sons Executors (to wit) Saml, Wm, John &

Washington Payne to this my last will & Testament revoking & annulling all others by me heretofore made. In witness whereof I hereunto set my hand & seal this first day of

October in the year of our Lord one thousand eight hundred & twenty.

William Payne

Acknowledged before

Robert Blackwell

John Sellajor

Franklin County Set April Court 1822

The Last will & Testament of William Payne Junr. Deceased was produced in court & proven by the oaths of Robert Blackwell and John Sellajor the two subscribing

witnesses thereto & was ordered to be recorded where upon the same is truly recorded in my office.

Att. Willis A. Lee Clk.