I, Benjamin Sewell of the county of Claiborne in the state of Tennessee, being of sound mind and memory, and calling to mind the frailness of my body and the shortness of life, and in order to a disposition of my worldly effects according to my will and desire after my death, do make and publish this my last will and testament.
First, it is my will and desire that my Executors hereafter named upon my death, take charge of and into their possession, all goods, wares and merchandise which may be on hand and unsold at the time of my death; also all my money on hand; and all my mercantile books and papers of every description; and all my books of accounts, notes, bills or bonds for the payment of money; and all securities for debts due me; and that my said Executors make out a perfect inventory of the same and of all debts and accounts due me. And it is my wish that my said Executors shall, as soon as they can collect all debts due me by note, bill, bond, judgment, account of otherwise, and that with regards to my stock of goods, wares and merchandise on hand at my death, that my said Executors take charge of the same and sell the same or disposes of them in the manner which to them may seem the best for the interest of my estate.
Second, it is my wish and desire that all my just debts be paid by my Executors as soon after my death as possible, out of the first money which may come to their hands out of my estate.
Thirdly, I give and bequeath to my son Thomas Sewell, and to his heirs and assigns forever, two tracts of land lying in Claiborne County, Tennessee, on Gap Creek between Sumey’s Mill and Powell River, one of said tracts containing four hundred acres and the other containing one hundred acres more or less, and both of which tracts of l and were granted to me by the state of Tennessee. Also I give and bequeath to my said son Thomas Sewell and to his heirs and assigns forever, two other tracts of land lying in Claiborne County, Tennessee, on the south side of Powell’s River, adjoining the lands of Thomas J. Harvey, being the place called the Dogwood Sinks, and both of which tracts of land were granted by the state of Tennessee to John Trease, one of said tracts for two hundred acres and the other for one hundred acres, and conveyed to me by the said John Trease. And I also give and bequeath to my said son Thomas Sewell, two hundred dollars in money, to be paid to him by my Executors three years after my death.
Fourthly, I give and bequeath to my daughter Susannah W. Whitsel, and to her heirs and assigns forever, the lands conveyed to me by James Monday in Claiborne County, Tennessee, and being originally three tracts, of which two were for fifty acres each, and one for forty acres, all adjoining each other and conveyed to me in two deeds adjoining the lands of Samuel Hamilton and Thomas Ellison, and the tract formerly owned by Asa Watson. And I also give and bequeath to my said daughter Susannah W. Whitsel and to her heirs and assigns forever, one other tract of land in said county of Claiborne adjoining the lands above bequeathed, containing fifty acres more or less, and being a tract of land bought by me from Lawson Eastridge. And I further give and bequeath to my said daughter Susannah W. Whitsel, one hundred dollars in money, to be paid to her by my Executors three years after my death.
Fifthly, I give and bequeath to my daughter Betsey D. Burdine and to her heirs and assigns forever, three tracts of land lying in Claiborne County, Tennessee, one of said tracts being called the William Monday place and being the place whereon Jacob Pike now lives, containing one hundred acres more or less; also one other tract adjoining the above named tract and which I bought from Jacob Pike, containing fifty acres more or less; and the third tract lying in the same neighborhood, but not adjoining the others and which tract I bought from James Monday, Sr., containing fifty acres more or less. And I further give and bequeath to my said daughter Betsey D. Burdine, a life estate in a negro woman named Nancy, and her children, to serve her during the natural life of my said daughter. And I give and bequeath said negro woman Nancy and all her increase, upon the death of my said daughter Betsey D. Burdine, to all the children of my said daughter, living at the time of her death, and to their heirs and assigns forever.
Sixthly, I give and bequeath to my grandson John Finis Burdine, son of Betsey D. Burdine, two hundred dollars, to be paid by my Executors within four years after my death. And I also give and bequeath to my grandson Samuel Patton Burdine, two hundred dollars, to be paid to him by my Executors within four years after my death.
Seventhly, I give and bequeath to Matilda Jones, my daughter, and to her heirs and assigns forever, all the lands in Powell’s Valley, which were conveyed to me by John Bruster and John D. Bruster, lying in Powell’s Valley in Claiborne County, Tennessee, the deed to me calling for two hundred and eleven acres more or less. And I also give and bequeath to my said daughter Matilda Jones, one hundred dollars in money, to be paid by my Executors within four years after my death.
Eighthly, I give and bequeath to my granddaughter Virginia Rogers, daughter of Malinda Rogers, a female slave named Laura, who was a daughter of my slave Lucy, to have and to hold said slave Laura, and her increase, to the said Virginia Rogers and her heirs forever. And I also give and bequeath to the said Virginia Rogers, three hundred dollars in money, the money to be paid over and the said slave and increase to be put in her possession when she arrives at the age of twenty-one years or soon if she should marry before that time.
Ninthly, having heretofore made advances to all my children hereinbefore named, I do hereby confirm to them all gifts or advances heretofore made by me to them, to them and their heirs forever, in addition to the present bequests herein made to them.
Tenthly, I give and bequeath to my daughter Margaret Virginia Sewell, and to her heirs and assigns forever, the following named lands and lots of land, to wit, five lots in the present limits of Tazewell, in what is called New Town, on the east side of Main Street, three of said lots adjoining Main Street and adjoining each other, and number in the survey and place of said part of the town as Lots No. 18, 19, and 20; the other two lots lying back east of the above lots and numbered No. 21 and 22; said lots adjoining the north alley of the old town; also two other lots of land now under fence and in my possession, immediately back of the lots above bequeathed, and running down the hill and crossing Russell’s Creek, being the two upper creek lots of land belonging to me, and being the furthest up the creek of any of my creek lots. I also give and bequeath to my said daughter Margaret Virginia Sewell, and to her heirs and assigns forever, my upper meadow, which I now have on Russell’s Creek, and including as now fenced, a portion of land on both sides of said creek, but lying principally on the east side and above the old tan yard, to run as it is now fenced; and also a small portion of land on the outside of said meadow on the west side yet unenclosed, beginning on a rock corner near the meadow lines, and running a direct line to a cedar corner standing just above the present mulberry road, and from thence to a rock corner just outside of the woods lot fence, thence with said fence to the beginning. I further give and bequeath to my said daughter Margaret Virginia Sewell, and to her heirs and assigns forever, a lot of ground to contain one half acre, to be laid off of the lower end of my wheat field on the upper side of town immediately above and adjoining what is called Back Street, and to be laid off next to and immediately north of a lot of one quarter of an acre sold by me to John A. Hollinsworth, so as to leave a lane or alley twenty feet wide between it and Hollinsworth’s lot, and which lane or alley it is my wish should be left open for a passway to the field above the lot, said lot to be run so as to make seven and a half poles in front on Back Street, and to extend in length up the hill eleven poles so as to make full one half acre. I further give and bequeath to my said daughter Margaret Virginia Sewell, and to her heirs and assigns forever, a certain tract of land in Claiborne County, Tennessee, which I bought from Ransom Day, Jr., on the waters of Sycamore Creek, containing sixty acres more or less. And I further give and bequeath to my said daughter Margaret Virginia Sewell, and to her heirs and assigns forever, one other tract or parcel of land in Claiborne County, bought by me from Sally Lanham, and adjoining the lands of Jacob Cloud, containing eighty acres more or less. I also give and bequeath to my said daughter Margaret Virginia Sewell and to her heirs and assigns forever, the following named slaves, and their increase, namely, a negro man Mack, a negro woman named Emiline, and a negro boy named Jefferson.
Eleventh, I give and bequeath to my son James Joseph Sewell, and to his heirs and assigns forever, a tract of land near Tazewell, called the tanyard place, conveyed to me by James Allen on Russell’s Creek, on the east side of the creek; and also a lot of land adjoining the above called The Woods lot on the west side of Russell’s Creek, between the creek and the Mulberry Road, to run as it is now fenced; also a tract of land in Claiborne County which was conveyed to me by David C. Posey, on both sides of the Kentucky Road, containing three hundred and fifty-eight acres more or less; also one acre of my present wheat field back of and adjoining the town of Tazewell, to be laid off to him in a manner convenient for him and the others to whom portions of said field may be devised. I also give and bequeath to my said son James Joseph Sewell, and to his heirs and assigns forever, the following slaves and their increase, namely a negro man named Barnet, a negro named James, and one named Isabella.
Twelfth, I give and bequeath to my son Houston Sewell and to his heirs and assigns forever, one lot in the town of Tazewell, on which my brick store house is situated, with the appurtenances thereto belonging on Main Street; also a tract of land near Tazewell, on both sides of Russell’s Creek called the Dobbs tract, being the tract on which Chesley Dobbs formerly lived, with the appurtenances thereto belonging, including the grist mill, containing ninety acres more or less; and also two fields now in cultivation, adjoining the same and between said tract and the Kentucky Road and said fields, being a part of the Posey lands; also a tract of land where Beverly Marcum once lived, containing one hundred and thirty-one acres more or less, conveyed to me by Peter Marcum. I also give and bequeath to my said son Houston Sewell, and to his heirs and assigns forever, the following slaves and their increase, to wit, John, Sally and Henry.
Thirteenth, I give and bequeath to my daughter Mary Louisa Sewell, and to her heirs and assigns forever, the two lots in the town of Tazewell, on which I now live, and on which is situated my brick dwelling house, with the appurtenances thereto belonging on Main Street; and also two lots in said town on the opposite side of the street and immediately fronting the two lots above named, with the appurtenances thereto belonging; also one other lot in Tazewell, back of the dwelling house lots, and on which a kitchen is built; and also the balance of my wheat field back of Tazewell, after laying off the lots heretofore devised out of the same. I also give and bequeath to my said daughter Mary Louisa Sewell, and to her heirs and assigns forever, the following named slaves, to wit, Dilsey and her two children, George and Amanda, and their increase; and also my negro woman Maria, and her increase.
Fourteenth, I give and bequeath to my wife Ann Jane Sewell, and to her heirs and assigns forever, all my household and kitchen furniture of every description whatever, and all grain and provisions of every kind which may be on hand at the time of my death; and also all crops on hand and growing, if any; and also all farming utensils on hand; and all my horses, cattle, sheep and hogs on hand at the time of my death; and also all wagons, carriages, and gearing and harness on hand at the time of my death. I also give and bequeath to my said wife Ann Jane Sewell, the right and privilege of living in and occupying my brick house in which I live, and the lots bequeathed to my daughter Mary Louisa Sewell, until my said daughter Mary Louisa, arrives at the age of twenty-one years. And I also give and bequeath to my said wife Ann Jane Sewell, the privilege of using and occupying and receiving the rents and profits, to her own use, of all lots and lands of every name and description which is hereinbefore bequeathed by me, to her said four children, James Joseph, Margaret Virginia, Houston and Mary Louisa Sewell, until the said four children arrive respectively to the ages of twenty-one years. And also it is my will and desire that my said wife Ann Jane Sewell, have the use of and receive the services and hire of all the negroes herein bequeathed to my said four children, until the said children respectively arrive at the ages of twenty-one years. But the privileges herein given to my said wife, Ann Jane Sewell, of the occupation and enjoyment of, and receiving the rents and profits of houses, lots and tracts of land bequeathed to my four children therein, is also to cease and be at an end whenever my said wife, Ann Jane Sewell, marries again, and the same to go to my said children immediately upon the marriage of my said wife, without respect to the ages of said children. And the rights of my said wife to the use, services and hire of the said negroes bequeathed to my said four children, are to cease upon her marriage and said negroes to pass upon said marriage into the possession of my said four children or their guardians, for them immediately upon the marriage of my said wife Ann Jane Sewell, without respect to the ages of my said children. Also, I give and bequeath to my said wife, Ann Jane Sewell, fifty dollars annually, during the time she remains a widow, to be paid to her by my Executors. And it is my wish that my said wife, Ann Jane Sewell, shall live with my daughter Mary Louisa Sewell, as much longer than the time above specified, in the dwelling house and lots bequeathed to said Mary Louisa, as my said wife and daughter can agree together.
Fifteenth, it is also my will and I hereby bequeath to my said four children, James Joseph, Margaret Virginia, Houston and Mary Louisa Sewell, all monies arising from my estate, after payment of my debts, funeral expenses and expenses of incident to the winding up of my estate, and all property of mine, real and personal not otherwise specially bequeathed, to be equally divided between them, to have and to hold the same to them and their heirs forever. It is also my wish that my said four children, James Joseph, Margaret Virginia, Houston, and Mary Louisa Sewell, shall receive an education suitable to their estates and several capacities so far as can reasonably be done.
Sixteenth, it is my wish and desire that my two son, James Joseph and Houston Sewell, be educated or the ministry, and that as soon as can be done, that they be placed in some suitable institution for the study of Divinity.
Seventeenth, it is my will and desire that in case any one or more of my said four children, James Joseph, Margaret Virginia, Houston and Mary Louisa, should die, that the survivors of said four children shall take and receive and hold the lands, slaves, money or property bequeathed to those so dying or being dead, to have and to hold the same to the said survivors of them and their heirs and assigns forever. And it is also my will and desire that should my wife, Ann Jane Sewell, die before I do, that the property herein bequeathed to her of every kind and description, go to and is hereby devised to my said four children, James Joseph, Houston, Margaret Virginia, and Mary Louisa Sewell, or the survivors of them, to be equally divided between them. In testimony whereof, I have hereunto set my hand and seal this 2nd day of September in the year of our Lord one thousand eight hundred and forty-six. Test: Walter R. Evans James Hardy R. C. Hansard Benjamin Sewell
Will was acknowledged before us by the request of the Testator and in his presence this 9th day of February 1848.
John S. M. Dickinson M. Corniger
Codicil to the Will of BENJAMIN SEWELL, deceased I, Benjamin Sewell of the county of Claiborne and state of Tennessee, being of sound mind and memory, having purchased and acquired the title to other lands since the making and publishing my will, to which this is an addition, for the purpose of disposing of the same according to my wish and desire, for the purpose also of making what I conceive to be a more suitable division amongst my children, do make and publish this codicil as a part of my said will, and hereby confirming all things contained in my said will which are left unaltered in this codicil.
First, my negro man Mack, heretofore bequeathed to my daughter Margaret Virginia Sewell, I now take from my said daughter and I hereby give and bequeath my said negro man Mack to my wife Ann Jane Sewell, during her natural life; and at her death to belong to my four children, Margaret Virginia Sewell, James Joseph Sewell, Houston Sewell, and Mary Louisa Sewell, and to their heirs and assigns forever. And it is my wish that my said wife Ann Jane Sewell, shall not sell or transfer her said interest in said slave Mack, in any way or to any person, unless it be to my said four children. I further give and bequeath to my said wife, Ann Jane Sewell, to have and to hold during her natural life, two lots of land laid off in the division of the Posey lands, and known in said division as Lot No. 1 in the east land and No. 9 in the west of the Kentucky Road, and which was allotted to George W. Posey, and upon which he lives, and being part of my purchase from said Posey; said two lots containing, when consolidated, twenty-two and three-fourth acres, and divided from each other by the Kentucky Road. And after her death, I give and bequeath the said two lots of land to my said four children, Margaret Virginia, James Joseph, Houston, and Mary Louisa, and to their heirs and assigns forever.
Secondly, I give and bequeath to my daughter Margaret Virginia Sewell, and to her heirs and assigns forever, my negro woman Lucy and her increase, if any, in lieu and stead of the negro man Mack, taken from a former bequest to my said daughter. I further give and bequeath to my said daughter Margaret Virginia Sewell, and to her heirs and assigns forever, Lots. No. 10 and 11, and all the Lot No. 9, except the part cut off by the Kentucky Road, and upon which I have lately built a brick shop, said lots lying in the corporate limits of Tazewell, in which is called New Town. Thirdly, I give and bequeath to my son James Joseph Sewell, in addition to what I have before given him, and to his heirs and assigns forever, that part of Lot No. 9 in what is called New Town, not above bequeathed to my daughter Margaret, and being the part upon which my brick shop is built, including said shop. And I also give and bequeath to my said son, two sets of blacksmith tools now on hand in the shop. I also give and bequeath to my said son James Joseph Sewell, and to his heirs and assigns forever, my Lot No. 26, in what is called New Town, and upon which John Russell formerly lived.
Fourthly, I give and bequeath to my daughter Margaret Virginia Sewell, and to her heirs and assigns forever, a certain lot of land immediately north of Tazewell, and between the town lots and the Posey Spring, and west of the Mulberry Road, and which I lately purchased from Alexander Fullington, and hold by title bond, the deed not being yet made. I also give and bequeath to my said daughter Margaret Virginia Sewell and her heirs and assigns forever, a tract of land in Powell’s Valley, purchased by me from Thomas L. Davis, containing two hundred and seventy acres more or less, adjoining the Brewster lands.
Fifthly, I give and bequeath to my four children, Margaret Virginia Sewell, James Joseph Sewell, Houston Sewell, and Mary Louisa Sewell, and to their heirs and assigns forever, a certain tract of land in Claiborne County, on both sides of the Kentucky Road near Tazewell, containing one hundred and ninety acres more or less, and which tract of land I lately purchased from George W. Posey, and also to include what is called the Pond Lot No. 1, also purchased from said Posey.
Sixthly, I hereby give and bequeath to my wife, Ann Jane Sewell, the rents and profits of all my lands and lots hereby bequeathed to my children herein named, until they respectively arrive at the age of twenty-one years.
Seventhly, all lands, tenements, hereditaments, of which I may die seized and possessed, not specially bequeathed, and which I now own or may hereafter purchase, I give and bequeath to my said four children, Margaret Virginia, James Joseph, Houston and Mary Louisa Sewell, and to their heirs and assigns forever.
Eighthly, should I hereafter sell or dispose of any lands or other property bequeathed in the will, to which this is an addition or in this codicil, it is my wish that my so doing shall not operate as my revocation of my will, but that the legatee to whom the same shall have been bequeathed, shall be reimbursed for the same out of my estate, to the value of the same.
Ninthly, it is my wish and desire that should my Executors or Administrators think any swap or change of lots or property amongst my children, to be necessary or proper according to circumstances, they are hereby fully authorized to make the same.
Tenthly, I hereby nominate and appoint William Houston, James F. Hooper, and Walter R. Evans, Executors of my will and this codicil, which is an addition thereto, to carry into effect my wishes as expressed in my said will and in this addition thereto. Given under my hand and seal this 23rd day of March 1847.
Test: James Hardy R. C. Hansard Benjamin Sewell
2nd Codicil to the Will of BENJAMIN SEWELL, deceased I, Benjamin Sewell, being of sound mind and disposing memory, for the more satisfactory disposition of my estate after my death, do make and establish this second codicil to my last will and testament, to wit.
1st, the negro slave Laura, which in my will I give to my granddaughter Virginia Rogers, I hereby revoke and take from her, and in lieu thereof, I give and bequeath to my said granddaughter Virginia Rogers, the additional sum of three hundred dollars, to be paid to her by my Executors after my death, with the other sum of money heretofore bequeathed to her.
2nd, I hereby give and bequeath to my daughter Margaret Virginia Sewell, in addition to the other bequeath heretofore given to her, my said negro girl Laura, and her increase forever, in order that said negro girl may go with her mother, who was in my will bequeathed to my said daughter Margaret Virginia Sewell, and on account of this bequest to the said Margaret Virginia Sewell, I hereby revoke so much of my former bequest to her as given to her and her heirs, a certain tract of land in Claiborne County, on the waters of Sycamore Creek, containing sixty acres more or less, and which I bought of Ransom Day, Jr., as I expect to make sale of said land.
3rd, I hereby confirm all things contained in my will and 1st codicil, and which have not been revoked or altered by me at this time.
4th, as I have a great many debts owing to me, and which it is probable my Executors cannot collect otherwise than by taking produce or labor, I therefore hereby authorize and it is my wish that my Executors proceed to collect all such debts whenever they can do so, either in produce, on which shall be applied to the use of my present family, or in work or labor for the benefit of my present family or my estate, hereby vesting a discretionary power in my Executors with regards to all such debts and all collections in this way for the use of my present family, shall be good and valued, and my said Executors shall be allowed therefore, a settlement as if paid out in the ordinary way.
5th, as I have in contemplation, to build a new mill upon my lands called the Dobbs place, and which land is bequeathed to my son Houston Sewell, it is my wish and desire that should the same not be built or completed before my death, that my Executors have the same built or completed as contemplated by me, and the said mill and appurtenances shall and I give and bequeath the same to my son Houston Sewell, and his heirs, with the lands upon which it is to be built, as heretofore bequeathed to him. But my wife, Ann Jane Sewell, shall have the same right to the enjoyment of the use and rents and profits, and for the same length of time as she has heretofore given her in my other lands bequeathed by me, but no more and no longer, building or completing said mill, as in their discretion, will be least injurious and most beneficial to my estate, and shall have the right to use all such parts or materials of the old mill now standing as may be useful in the new mill. The old mill to stand and kept in operation until in building the new mill, it becomes necessary to be taken to pieces or removed.
In testimony whereof, I have hereunto set my hand and seal this 1st day of April 1847. Test: James Hardy R. C. Hansard Benjamin Sewell
In this is included my last will and testament, in which there is a request that my two little sons, Joseph and Houston Sewell, be educated for the ministry, but now say that is not worthwhile unless they can be got willing, as they cannot be to advantage forced to that study. This I leave for the satisfaction of my Executors of said will. Given under my hand this June 18th 1847. Test: J. S. M. Dickinson Benjamin Sewell
