This will was devised in 1853 by Anderson Jennings, Sr. (1796-1856), son of Hezekiah Jennings and father of Anderson Jennings, Jr. who is mentioned in this will and went by the name, “Zan.”
A COPY OF THE LAST WILL AND TESTAMENT OF ANDERSON JENNINGS
IN THE NAME OF GOD, AMEN:
I, Anderson M. Jennings of the County of Claiborne and State of Tennessee, being weak in body, but sound of mind and memory, calling to mind the uncertainly of life and the certainty of death, and being desirous of making disposition of my worldly effects do hereby make and publish this my last will and testament.
1st. I commend my soul to God, who gave it, and desire that my body have a decent burial.
2nd. I desire that all my just debts be paid by my wife, or executor, hereafter to be named, and that he pay my funeral expenses.
3rd. I give and bequeath to my wife, Zelphia Jennings, the use, occupation and control of all my lands of which I may die seized and possessed, to have and to hold the same for and during her widowhood, or her natural life, subject to such restrictions and exceptions as shall be hereinafter mentioned, including the mill and homeplace and all the lands belonging to me in Claiborne County.
I further bequeath to my wife, Zelphia and during her natural life or widowhood, all my household effects, all my tools and machinery, horses, etc., over which I may have control, and my son, Anderson Jennings has four hogs which I have no control, and my said two sons are to have the privilege of fattening and feeding their stock belonging to them out of the crop now growing on the farm. I also give and bequeath to my said wife, Zelphia Jennings, for and during her life or widowhood all stock, gearing, wagons, all grain and fodder now growing on said land.
I further give and bequeath to my said wife, Zelphia Jennings, my four negro slaves, namely, Washington, Nancy, George and Bob, to have and to hold during her natural life, except Washington, and the said Washington for the term of ten years, if she, my wife should live that long, and at the end of ten years, or when my said wife should marry again or dies, then my executor is to take said slave, Washington, and sell him at public auction to the highest bidder, on a credit or twelve months, securing purchase money, using the said money schooling my three younger children. I desire my wife Zelphia Jennings to give my daughters Lucinda and Margaret as good an education as her circumstances will permit. It is my desire my wife, Zelphia Jennings shall permit my two sons not of age to use part of the farm whenever they marry, or go to themselves, that is such part as she can spare, with least inconvenience. And should my son, Royal S. come of age before his mother’s death, he shall if he occupies or cultivates any part of the farm, do so on the home place.
4th. It is my will and desire that my executor collect all my debts that can be collected, and after the payment of the debts owing by me, shall leave the surplus at interest.
5th. I give and bequeath to my son, Royal S. Jennings my home place, or tract of land embracing part of several tracts, but known as the home place, including the mills and dwelling house and all other appurtenances, to be divided from the other lands as follows, to wit, by a line beginning on a red oak on the south side of the Mulberry road, being a conditional corner, made between me and my mother; thence on a marked line running toward Clinch river, to a double chestnut, another conditional corner; thence a straight course toward Clinch river the same course to the back line at the top of middle ridge. Then running with that ridge to Lone Mountain Creek to a buckeye on the last bank of the creek, my corner; thence with the lines to a large poplar in the head of the boat gunnel hollow; thence running with my line as far out as I have title around, until it strikes Leabow’s line to Greer’s, and with Greer’s line to his south corner and thence a direct line to the beginning.
But any lands included in the said boundary to which I have no title is not bequested by me, as I only desire to give what is my own, but that my said son shall have all my lands in said boundary. My said son Royal S. Jennings shall take said lands at the death of my wife Zelphia, or upon her second marriage, and not before, and to hold the same for and during his natural life and at his death to his sons.
6th. I give and bequeath to my sons, David F. and Anderson Jennings, to be equally divided between them, all my land in Claiborne County, not included in the foregoing bequest to my son Royal, but not to take the same until the death of my wife Zelphia, or on her second marriage, and then to take and here hold same for and during their natural life or lives, and at their death to their sons. Said land is to be divided according to value, or as near as can be, or after both are of age, one may divide and give the other his choice, or they can agree on a line of division.
7th. It is also my wish and desire that my daughter, Jane Cardwell and her husband occupy the land where they now live, on the east side of Mulberry road, until the 1st of December 1858, if I should die before that time, and free from payment, except that they shall pay the sum of $1.00 taxes each year.
8th. In consideration I bequeath my son, Royal S. I charge it upon him when my son arrives of age, and after my grandson arrives of age, to my grandson a horse, bridle and saddle, value $100.00, and if my son Royal S. Jennings should die before he was of age, and his lands go to his brothers, they shall pay said sum to my grandson, the same a charge upon them.
9th. If either of my sons should die leaving no lawful heirs, then his brothers shall take all that is bequeathed to him.
10th. The bequest to my wife, Zelphia, including my saw mills, I desire while my sons live with her, that they run said saw mill for their mother and see to it for her.
11th. I give and bequest to my said son Royal S. two eagle dollars which I now have on hand.
12th. I give and bequeath to my son, Royal S., my cross cut saw and hand ax.
13th. It is my will and desire that my executor sell all my personal property not bequeathed by me, in the usual way.
14th. I do hereby appoint John F. (S.?) Jennings my executor of this, my last will and testament.
15th. I have provided that upon the death or marriage of my wife that the negroes and personal property shall be divided as expressed by me, but I hereby authorize my executor to sell same at public sale to the highest bidder for ready money, or on a credit of six months, as he may think best, and to divide the proceeds in the same manner and between the same persons mentioned as entitled to the division of the property.
16th. I give and bequeath my two sons, David F. and Anderson, my two saddles now on hand, one to each.
17th. I hereby desire my son, David F. to take the four yearlings he now claims and also his horse, it now being his property.
18th. I hereby give and bequeath to my wife, Zelphia, all the salt now on hand and at the time of my death.
Given under my hand and seal this 21st day of May, 1853.
Anderson M. Jennings
Witnesses
W.R. Evans
Jas. Johnson
Jas. Hodges
