JEFFERSON COUNTY, TN - WILLS - Robert McFarland Snr., 15 Sep 1836I Robert McFarland Senr of the County of Jefferson and State of Tennessee having become old and weak of Boddy but of sound mind and memory and knowing that it is appointed for all men once to die, do make, ordain, publish and declare this my last Will and Testament as follows,
First to my son James McFarland, my son John McFarland, my daughter Jane who intermarried with John Hogan Bean, my daughter Elizabeth who intermarried with Robert Hill, my daughter Margaret who intermarried with Benjamin McFarland, my daughter Sarah who intermarried with William George . . . . . .ONE OR MORE LINES SEEM TO BE MISSING......., my daughter Catie who intermarried with John Inman, my son William McFarland, my daughter Rachel who intermarried with Jessee George, I confirm all former gifts as they have personally received from me that portion of my estate that I desired for them at the time they left me.
Second to my son Robert McFarland I give and grant all the rights that I already have to that tract or parcel of land that he now lives on to be designated by a line running from the beginning corner of my North Carolina grant to where the two creeks meet in my meadow running there with the <____sic___> Creek on Spring Branch until it comes near to where an apple tree stands on the West Side of Side of Branch, thence so as to include the whole of the branch on my side until it comes to some Rooks
above my springs above to my S. Son until the head spring therof leaving him the use of S. head Spring thence in a direct line so as to inter-sect the old line near a field of mine known by the name of the hollow field thence with S. line to where it corners with William Cox Sen'rs land. 3rd to my daughter Malinda McFarland I give and bequeath the horse ____ I formerly gave to her also one cow and calf, a bed and furniture and whatever else she may have acquired since she has kept house for me.
4th to my son Benjamin McFarland I give the tract of land whereon I now live provided he should reeturn home from Missouri by the First day of January or at a reasonable time after and live with me and supply me with all the necessaries of life and do all things necessary to tender me comfortable as long as I may live but in case he should, fail, refuse or neglect to attend to me as above stated my will is that or then my daughter Malinda or my daughter Dorcas either of them that may comply with the conditions of this bequest should be entitled to S. lands giving to the oldest the first offer of same.
5th to my daughter Kitturah who interemarried with Zophar Layne
I confirm all the gifts that I once made to her and she has received that portion intended for her except what may be hereinafter named. 6th to my daughter Dorcas who is now intermarried with Beverly Talley I give the Sorrell mare now in her possession also a bedstead and furniture and one cow and calf.
7th my will is that the negro Clark that was left to me by my father in law Benjamine Neal now deceased shall when myself or my heirs m(a)y be sold to the best advantage and the monies arrising therefrom be equally divided between my daughter Malinda and my daughter Kitturah my son Benjamin and my daughter Dorcas.
8th my will is my aged slave Delila who has become almost blind shall remain on and have her maintenance off the land I now live on.
9th my will is my faithful servant Elias shall be emancipated provided the laws of the state shall permit the same be done and if he cannot be lawfully emancipated I will that he shall hae the liberty of living with whom be may choose either my heirs or anyone else and in case he should live to be unable to support himself my will is that he shall have his support off the land I now live.
10th my will is that whatever property I do
possess of not mentioned above shall be sold and proceeds applied to the payment of my last debts andshould a surplus remain my son Benjamin shall have the same. Lastly I constitute and appoint my two sons John McFarland and RobertMcFarland executors to this my last will and testament whereof I have herunto made my mark and affixed my sseal this 15th day of September 1836.
Signed Sealed published and declared.
In presence of
his Rueben Wyatt Robert x McFarland (seal) Beverly Tally mark William HillState of Tennessee ) Jefferson County ) March Session 1837
The last Will and Testament of Robert McFarland Snr. Was presented in open Court for probate and thereupon came Reuben Wyatt and William Hill two of the sub-Witnessess to the same, who being duly sworn depose and say they were personally acquainted with Robert McFarland Snr they saw him make his mark to his said signature and acknowledge the same to be his last Will and Testament for th purposes therein expressed and at the time of signing the same he was of sound and disposing mine and memory and at his request and in his presence they signed their names as subscribing witnesses to said will. It is therefore considered by the Court that said will be admitted to ___________ and therefore come John McFarland and Robert McFarland the executors therin named and was qualified for the faithful discharge of their duty thence they be exempted by the will from giving security.
Attach copy from the records of my office
Joseph Hamilton, Clerk
State of Tennessee ) March Session 1837 County of Jefferson )
Personally appeared in open Court John McFarland and Robert McFarland reputable witnesses who being duly sworn depose and say that Robert McFarland Snr. departed this life on the 16 th day of February A D 1837, who being the identical Robert McFarland Senr who is named in a pension certificate which is shown to the court bearing the date of the day of ________and that said Robert McFarland Senr. departed this life leaving a widow by the name of __________that she has not lived with him for more than six years and that she is a citizen of the State of Alabama as they have reason to believe, and that he died leaving the following children to wit: James McFarland who is a citizen of Carrole County in the State of Georgia, John McFarland a citizen of Jefferson County Tennessee, Jane Beene late Jane McFarland who intermarried with John H. Beene their residence is unknown & reported to be dead. Elizabeth Hill widow residing in Jefferson County Tennessee, late Elizabeth McFarland, Margaret who intermarried with Benjamin McFarland living in the State of Missouri, Sarah who intermarried with Wm. George living in the State of Missouri, Robert McFarland residing in Jefferson County Tennessee, Polly who intermarried with Rolin Larimore residing in McMinn County Tennessee, William McFarland his place of residence unknown, Catherine who intermarried with John Inman living in Jefferson County Tennessee, Rachel who intermarried with Jessee George living in the State of Missouri, Malinda McFarland living in Jefferson County Tennessee, Kitturah who intermarried with Zophar Lane _______in the State of Illinois, Benjamin McFarland living in Jefferson County Tennessee, Dorcas who intermarried with Beverly B. Tally living in Jefferson County Tennessee.
Attach copy from the records of my office Joseph Hamilton, Clerk.
