The Last Will and Testament of Jacob Boy


Jacob's will was written on 7 October 1826 and probated on 28 June 1833. Charles A. Boye, Jr. copied the will out many years ago and it is transcribed here in full. I have modernized some of the spellings and punctuation of the original.


In the name of God Amen. I, Jacob Boy of the county of Sullivan and State of Tennessee of sound mind and good memory though afflicted in body, knowing the certainty of Death and the uncertainty of the thereof, do make ordain and constitute this my last will and Testament. First off, it is my will when I die that my soul return to God that gave it me and that my body be buried in a Christian-like manner and that my funeral expenses be paid by my hereafter mentioned executrix and executor. It is also my will that they pay all my just debts and that they collect all what is in due me.

It is my will that my sone Adam for his part of my estate both real and personal have my wagon that is now in his possession in addition to the land that I haved Deeded to him and no more.

It is my will that my daughter Caty be paid by my executrix and executor five dollars in trade one year after my death for her part of my estate and no more.

It is my will that my son George have a hundred acres of land at the lower end of my farm--that is to say beginning at the bank of the river at the mouth of the lane running a direct course to the spring splitting the same in the center and running to my back line for complement.

It is my will that my son Jacob have the balance of my plantation that is not willed to George and the my wife Mary be decently supported while she remains a widow out of the proceeds of the lands willed to George and Jacob. It is also my will that my wife have one bed & furniture, one cow & calf, and other usable household furniture all of which she is to enjoy during her widowhood and no longer. It is my will that my executrix and executor hand over to my daughter Nancy one cow & calf, and one [y]earling, one bed and furniture, one spinning wheel, and side saddle; that she already has these things willed to Nancy to place her on a footing with the girls that is married already.

It is my will when I die, at the time my will is proven, that the court at the same time appoint three discreet neighbors and citizens, and that these men immediately, as soon as practical, proceed and set apart for the use of my farm: one wagon with four set of harness, four work horses, cattle, hogs, and sheep, with sufficient farming utensils to carry on the farm; and that they all the stock so set apart for said farm and make out an inventory of the same and return it to court, and that my executors give bond and security to my daughters Elizabeth, Winny, Sally, and Nancy, and their husbands as far as they are or may be married, to pay over respectively in property each of them share and share alike.

Whenever George comes of age or should George become refractory or disobedient--it is my will that my executrix and executor immediately bind him to some trade of his own choice. Aforesaid, to keep up the farm, five years after he becomes of age then at that time he is to relinquish all claims to said stock and the executirx and executor is to equally divide it with my daughter Elizabeth, Winny, Sally, & Nancy, giving each of them share and share alike in property equal in value to what the four horses, cattle, hogs, & sheep were valued at when sought a part to keep up the farm.

It is further my will that my executrix and executor have no further control over the said stock as aforesaid after my son Jacob comes of age, if he comes forward to court and gives bond and security for to treat his four sisters Elizabeth, Winny, Sally, & Nancy in the same way and at the same time that the executrix and executor is directed to be bound; also bedding & sufficient household furniture is to be kept on the farm in proportion to the family.

It is also my will that my son Jacob have the orange sorrel horse that I have given to him. It is also my will that Andrew Boy has all my share of the hously goods in consequence of his services rendered me with what I have heretofore given him. It is my will that my executrix and executor have all the property, moneys, debts, & etc. that are not otherwise disposed of valued and equally divided between Betsy, Winny, Sally, & Nancy, my four daughters, as soon as practicable after my death, except the grain and provision for the family which is to be left on the farm for the use of my wife Jacob and George. It is my will that my family do not law with John Vance for the land that is in dispute beween him and me but that it be equally divided giving him the one half.

It is my will and desire that my wife Mary Boy and Andrew Boy be my executrix and executor to this my last will and testament thereby revoking all wills or parts of wills that I ever have made before; the sealing of these presence in testimony whereof I have hereunto set my name with my seal in the presence of the subscribing witnesses this 7th day of October 1826

Jacob Boy his mark X [seal]

W. Rockhold

Andrew Riley his mark X

 

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