Will of James Mann Hurt, Sr.
Milan, Tennessee
In the name of God amen.
I James M. Hurt being upwards of 72 years old, blind, and very frail in body; but of sound mind and disposing memory; do make and ordain this to be my last Will and Testament; hereby revoking all previous Wills by me made.
Article 1
It is my Will that all my just debts, including my funeral expense be immediately
paid.
Article 2
I do hereby appoint my Son Robert M. Hurt my sole Executor exonerating him
from the necessity of giving security; and vesting in full honor and authority
to wind up and conduct the business of my estate in accordance with his own
discretion; vesting in him complete power to sell and to make title to real
estate; just as I could do myself were I living. I deem it necessary here
to Say that this appointment was not made by Robert Hurt’s request; nor even
his knowledge: On the contrary he advised me to appoint my friend B. T. Williamson
my Executor.
Article 3
I also appoint my said Executor as Trustee for the purpose hereinafter expressed;
nor did he desire this appointment; but opposed it, upon the ground that it
was unnecessary.
Article 4
I give to my beloved wife Martha Hurt absolutely and forever the lot of Land
in Milan bought of A. Patton; containing fourteen acres with all its appurtenances;
also the household and kitchen furniture, and all my Books, except my Encyclopedia
of Religious Knowledge; which I give to my Daughter Eliza Hurt.
Article 5
I direct my said Trustee to rent out my two tracts of land which are in Carroll
County both the homestead and the William Cuningham tract; and apply the proceeds
thereof to the support and comfort of my said wife during her lifetime; and
for the support of my Daughter Eliza Hurt during the time that she remains
single; should she marry, it is my will that my said executor should pay over
to her $1,000.00 to make her equal to her sisters at their marriage.
Article 6
I hereby give and settle upon my son John C. Hurt’s family all that portion
of the tract of land on which he now resides (including the Residence) lying
north of the which comes [sic] down from Thomas Nesbitt’s, should my said
son die leaving a wife, whether the present or any other, this provision shall
be used for the benefit of the woman so left during her lifetime or widowhood;
and for the support of all the lawful children of said son, whether by one
or more wives; until his youngest child shall become of age; then the land
shall be sold, and the proceeds thereof equally divided among all his said
children unless he or his present wife shall be living at that time and in
that event he and she or her or she, as the case may be, shall have his and
her, or his or her (as the case may be) support out of said tract of land
until they are both dead; or his his [sic] than present wife shall marry;
than shall the land, be sold, and the proceeds disposed of as above directed;
and as their tract of land is worth more than my estate be able to pay my
other children proportionately, this completely loses his interest in the
same in my estate.
Article 7
I hereby place this matter completely in the power of my said trustee and
request that he should carry out all the provisions made for the benefit of
John C. Hurt’s family as are made, as provided in the article above; with
a distinct understanding that no part of the said provisions shall be subject
to the payment of John’s debts.
Article 8
I give to my grandson, who is the son Philemon Hurt just one dollar. He is
thus cut off from a participation in my estate because he has already if he
should take care of it, an ample estate. And without care, whatever I might
give him would be thrown away. Therefore this completely closes his interest
in my estate both that which now is and that which may accrue to it.
Article 9
I charge my son James M. Hurt eight hundred dollars as an advancement.
Article 10
I have made advancement to my son A.B. Hurt with which I do not charge him
on account of his labors, sufferings and exposures during the late war.
Article 11
I have now closed my especial legacies and advancements and proceed to the
general distribution of the residue of my estate. It is my Will that my Sons
Robert M. Hurt, James M. Hurt and A. B. Hurt with my Daughters Rebecca wife
of W. E. Mitchum; represented by her children James Mitchum, Ervin Mitchum,
Jr., Albert Mitchum and David Mitchum, with their sister Eliza Mitchum; that
the five named shall constitute one heir and receive the one share to which
their mother would have been entitled had she lived. It is my will that the
children of my departed son David Hurt, to wit: Albert W. Hurt, Tennessee
Hurt wife of James Clements, Philemon Hurt, Elizabeth Hurt and William J.
Hurt; that the last five named constitutes one heir; and that the five receive
that portion of my estate which my son David would have done had he lived.
My daughter Elizabeth Mitchum wife of L. F. Mitchum, my daughter Martha Ray
wife of F. M. Ray, my daughter Jane B. Hurt wife of J. C. Yancy, my daughter
Sarah Collins wife of E. A. Collins, and my daughter Eliza Hurt. It is my
will that the ten heirs here mentioned four Boys and six Girls (after taking
out the advancement of eight hundred dollars made to James M. Hurt) in the
general distribution of the residue of my estate which shall take place immediately
after the death of my said wife: Shall all heir equally: Share for Share:
Article 12
Explination [sic] in the event that my daughter Eliza shall not marry during
the lifetime of her mother my said executor shall pay over to her in addition
to her equal interest in the general division the one thousand dollars named
and provided heretofore. I have now disposed of all my estate; I have done
it to suit myself and it is my Will that this instrument shall be construde
[sic] in no other wise according to the plain import of the language used:
Article 13
An after thought. It is my Will that when the present business arrangements
shall be broken up which must necessarily be at the end of the year that the
one third part of my stock of Hogs and Cattle go to the support of John Hurt’s
family and also the one third part of the plantation tools, and also the one
third part of tall the crop on hand including that made on his part of the
land be applied to the same purpose except the Cotton rent on my land, which
shall be exclusively mien. I also except my large wagon. Out of my portion
of the cattle, I give my Daughter Eliza Hurt one Cow and Calf. The business
arrangement alluded to above is that with John C. Hurt and myself.
Article 14
It is my Will that my said Executor after paying my just debts shall use what
money may be left that which he may collect for my estate as far as shall
be necessary in accordance with the provisions of this will for the use and
comfort of my said wife and Daughter Eliza and should he receive more than
is necessary for that, it is my will that he should put out that amount at
interest until the death of my wife.
Article 15
In my discretion about the division of our crops I omitted to state that the
cotton growing on John Hurt’s part of the land was exclusively his which is
so. Explination [sic] this will was written by my Grand Daughter Mattie Mitchum
and was several times distinctly read to me by her, in testimony of all which
I hereunto set my hand and affix my seal in this the year of Lord 1879. April
the 11th.
J. M. Hurt
Test.
J. T. Hurt, Sr.
J. T. Hurt, Jr.
Robt Y. Moore
Carroll County, Tennessee Will Book Vol. B; p. 104-108.
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Thanks to Mike Parsons for supplying me with a copy of this will.