The Will of James Hagood of Hawkins Co., Tennessee
James Hagood, my 4th great-grandfather, was born about 1765. He was the son of Mordicai Hagood and Elizabeth Price (maiden name not certain), and was mentioned, along with his father, in a publication called Goodspeed's History of Hawkins County, Tennessee. Mordicai Hagood is credited for being one of the earliest settlers in the Hawkins County area, having settled there prior to 1783.
James married Nancy H. North, daughter of Edward and Eliza North, about 1785. He was the father of James Monroe Hagood, my 3rd great-grandfather and husband of my 3rd great-grandmother, Sarah Ann Cox.
From the Hawkins Co., Tennessee Book of Wills I
Pg. 249
Dated August 9, 1833
Whereas, I, James Hagood, of Hawkins County in the state of Tennessee, being frail in body but of sound mind, taking into view that all men must die and being desirous so to settle and adjust my affairs, that my family may be provided for in the best manner possible consistent with the amount of property I hold, and that all difficulties or grounds for dispute or litigation about this may be removed, do ordain, publish and declare this to be my last Will and Testament, hereby revoking and annulling all former wills.
Imprimis. I give and bequeath so much of my personal property as may be necessary to discharge all my debts and expenses of every kind to my Executors to be sold on twelve months’ credit and then collected and paid over till all said debts and expenses are paid.
Item. I give and bequeath unto my beloved wife, Nancy Hagood, my land whereon I live, containing 90 acres, more or less, to have and to hold during her widowhood or life if she shall not marry again, and after the marriage or death of my wife, I will the land to my daugher, Becky Ingram, wife of Miller Ingram, and Anne Raley, wife of Philip Raley, and their heirs respectively in fee simple, share and share alike.
Item. I give and bequeath to my said wife, Nancy, the following negroes, viz: Franky, Jack, Jesse, Betsy, and Julia to have during her widowhood or life if she never marry again, and after her marriage or death, to my sons, Benjamin F., James M., and Stephen D. in full property to be divided among them equally, and if there should be any increase of said negroes during the time, they are to be held by my wife, said increase to be divided between my sons in same manner.
Item. I bequeath unto my son, Benjamin F., my blazed face mare called Jen and her sucking colt, and a feather bed and furniture and bedstead and the saddle and bridle he now uses and claims.
Item. I give and bequeath unto my son, James M., my bay mare called Fan, a bedstead, featherbed, and furniture and the saddle and bridle he generally uses and claims.
Item. I give and bequeath unto my son, Stephen D., that my Executors shall upon his coming of age give him out of my estate as good a mare as Fan, that is left to James M., a saddle and bridle worth $15.00, a bedstead, feather bed, furniture, and a good fur hat.
Item. I give and bequeath that after my debts and expenses and all other legacies are paid, all my other stock, household and kitchen furniture and farming utensils shall go to my wife, Nancy, to hold during her widowhood or life if she never marry again, and after her death or marriage, to go to my sons, Benjamin F., James M., and Stephen D., share and share alike.
Item. I give and bequeath unto my son, William, one dollar, he having already been sufficiently provided for.
I do hereby appoint my wife, Nancy, and my sons, Benjamin F., and James M., Executrix and Executors of this, my last Will and Testament, and they are not to be required to give security, and it is also my will that in the event of the marriage of my wife, then my said sons shall be my sole Executors and her power shall cease. And in the event of any dispute or difficulty among my legatees or Executors in reference to my estate or this will, I do hereby appoint Jacob Miller, Lazarus Spears, Thomas Coldwell, Daniel Chambers, and Orville Bradley as arbitrators to whom said difficulty or dispute shall be referred and any (of) these are sufficient to act and their award to be conclusive and final.
Item. It is my will that my Executors be authorized in any manner they may deem proper by agreement, compromise, or otherwise, to settle and ascertain the boundary line between my lands and the lands of George Francisco, if (this) is not done during my lifetime.
Item. It is my will that the crop on hand shall go to the support of the family.
Given under my hand and seal, this 9th of August, 1833.
J. Hagood (seal)
Witnesses present who witnessed this will in the presence of and at the request of the Testator: Orville Bradley, Geo. R. Powel, G. Francisco.
First Codicil -- dated August 11, 1833
I, James Hagood, do this 11th day of August, 1833, offer the following codicil or supplement to the above will and do declare it in all respects to be a part thereof. That is to say, that if my wife should either die or marry before the first day of January, 1842, Executors to hold the land until that time to maintain and school my youngest son, Stephen D. Hagood.
Item. If either of my three sons, Benjamin F., James M., or Stephen D. should die interstate or unmarried, then in that case the survivor or survivors is to heir what is willed to the three. The five barrels of corn that Robert Gray owes me this fall is to be collected and considered as part of the crop.
Given under my hand and seal, day and date above written.
J. Hagood (seal)
Witnesses present and who witnessed this will in the presence of and at the request of the Testator: G. Francisco, T. Coldwell, Jr.
Second Codicil -- dated July 20, 1834
Whereas, I, James Hagood, did make my will in August last and thereby did lend five negroes to my wife during her widowhood and at her marriage or death to be divided between my three sons…since which I have sold one of them to George M. Lyons.
Now I do offer this schedule to explain my intention concerning the disposal of the proceeds of the sale of said negro. What money, bank notes and bonds may remain on hand at my death, after paying my debts and all expenses, to be equally divided between my wife and three sons, Benjamin F., James M., and Stephen D. Hagood, and Stephen’s share to be put out on interest to some safe hand until he becomes of age, which will be in the year 1841.
The will and codicil annexed thereto is hereby confirmed. Done this 20 July, 1834.
J. Hagood (seal)
In presence of who was desired to witnesseth: Test: George Francisco, Clinton A. Charles