Hartwell Hyde's Will Written 1829

Hartwell Hyde is my Fifth Great Grandfather. His Grandson Hartwell Spann, mentioned in this Will, is my Third. Young Hartwell was set to receive some property IF his Aunts Fereby and/or Elizabeth died without children. I don't know yet if that happened.

Hartwell Hyde had over 700 acres of land and a lot of other property. His Will includes the names of 36 enslaved people. Three names are mentioned twice and I'm assuming it is duplication. I'm posting this to be included in the Slave Name Roll Project to help the descendants of those people find them. In the 1820 census, Hartwell Hyde was listed as having 15 slaves and 1 free man of color. But from the looks of this Will, he may have had more just not living with him. 

Releasing: Vital, Caroline, Mary, Rinchin, Fanny, Clara, Alley, Henry, Suckey, Nancy, Mariah, Charlotte, Lucy, Essex, Julia, Linda, Cyrus, Lewis, Major, Nelson, Phillis, Ursey, Simon, Milly, Addeline, Harold, Martha, Eda, Eveline, Betty, Mahalia, Woodley, Abram, Delila, Net and Elizabeth 

The Will of Hartwell Hyde, signed March 11, 1829

"Tennessee Probate Court Books, 1795-1927," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-23RT-Z9?cc=1909088&wc=M6Q7-JP6%3A179878101%2C179984001 : 22 May 2014), Williamson > Wills, 1831-1834, Vol. 05 > image 171 of 273; county courthouses, Tennessee.

Hartwell Hyde Deceased Will July Term 1833

In the name of God, Amen I Hartwell Hyde of Williamson County in the State of Tennessee being of sound mind and memory, do make ordain and declair this to be my last will and Testament in manner & form following that is to say,

Item 1. I loan to my daughter Mary Heaton during her natural life, and after her death I give to her children two feather beds & furniture, one seal skin trunk, one saddle and bridle, three cows & calves, two yearlings, three negro girls, Vital, Caroline, & Mary & their increase & two mares to them and their heirs for ever, the above property the Said Mary Heaton has in her possession for the benefit of her children.

Item 2nd  Having previously made provisions for my son Richard W. Hyde, I give him the sum of one dollar.

Item 3 I loan to my daughter Milly J Jourdan during her life and after her death I give to her children, three beds & furniture, three cows & calves, one trunk & chest, one saddle & bridle, which property she has received & has in her possession, my negro boy Rinchin & a negro girl in the possession of my daughter Milly, by the name of Fanny. I have in trust to my executors, to be hired out yearly & the money arising from the hire of Said negros to be applied by my executors to the support of my Said daughter Milly & her children, should my executors think proper to give up the Said boy & girl to my Said daughter Milly & her children they can do so, this is left entirely discretionary with them.

4th I loan to my daughter Sally L. Baker during her life & at her death I give to her children, two beds & furniture one trunk, one mare & colt, one young horse, one saddle & bridle, three cows four sows & pigs, also seven negroes Clara, Alley, Henry, Suckey, Nancy, Mariah & Charlotte & their increase which property she has in possession except one of the girls which has been sold to Hartwell B. Hyde the girl by the name of Lucy

Item 5th I give to my grandson Monro Jordan son of my daughter Milly, one young horse which the family have in possession.

Item 6th I loan to my daughter Sophia R. Jordan during her life & at her death I give to her children two beds & furniture, one trunk, one mare & colt, one saddle & Bridle three cows & calves, two sows & pigs, one negro boy called Essex & a negro girl

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called Julia & her increase which property she had in her posession.

Item 7th I loan to my daughter, Priscilla H. Fulks, during her life and after her death I give it to her children, one  bed & furniture, one trunk, one mare & colt one saddle and bridle, three cows, one sow & pigs & nine shoats, a negro woman named Linda & her children & a negro boy called Cyrus, being the same negroes that I gave a deed of gift to the said Priscilla's children for, the above property the said Priscilla has in her possession.

Item 8th I loan unto my daughter Jiney Fulks, during her life and after her death I give it to her children the following property two beds & furniture one trunk three head of horses one saddle & bridle, three cows, three sows & pigs, one negro girl Mariah & her increase which property she has in her possession.

Item 9th I give to my son Hartwell B. Hyde & his heirs for ever the following property, the tract of land on which I live and the tracts ajoining the same known by the name of Stuls and Adams tract, containing seven hundred nine and three fourth acres be the same more or less. and the following negroes (viz) Lewis, Major, Nelson, Phillis, Ursey, Simon & Lucy, four beds & furniture three bedsteds, two ood? cherry tables, one desk and book case one bureau, one sugar chest twelve chairs, box of razors & shaving instruments, one saddle & bridle, two swords one rifle gun, and shot bag, one brace? of pistols and holsters, one pair saddle bags all my kitchen furniture ten head of horses, one loom, all of my stock of cattle, all of my stock of hogs, all of my stock of sheep, all of my geese all of my black smith & farming tools, all of my cooper & carpenter tools, one waggon & gear, all of my plow gear, one cart & gear, log & fifth chain four copper stills tubs and apparatus thereunto belongings, all of my distilled spirits, one duch fan, all bonds notes & accounts, execpt the two notes the said Hartwell B. Hyde hath given me dated the 10th of March, one for four hundred dollars payable six years after date & the other for eight hundred payable eight years after date, one trunk, one chest, one pair spoons mouls two pair stulyards two pair andirons, two brass candlesticks, one gray mare one sorrel horse with a blaze face three yoke of oxen and an ox waggon, one cubbord, one candle stand, one teaboard one brass morter, all of my books, one large chest

Item 10th I loan to my daughter Fereby Johnson during her natural life and after her death to her children, should she have any, should she have no children I then give it to my daughter Polly Eaton, Milly Jourdan, Sally Baker Priscilla Fulks, Jiney Fulks, Elizabeth Bowman and my grandson Hartwell Spann, share & share alike, the following property - two feather beds, one chest, one saddle & bridle, and the following negroes Milly, Addeline, Harold & Martha & a negro child the name not recollected, one bureau, one folding table, four cows & calves, eight head of horses, the said property the said Fereby has in her possession. 

11 Item I loan to my daughter Elizabeth Bowman during her life & at her death to her children should she have any, the following property, two beds & furniture, one chest, one saddle & bridle, one bureau, one folding table and the following negroes (viz) Eda, Eveline, Betty, Cyrus & Mahalia, three cows & calves, & a steer two sows & pigs, three head of horses, which property she has now in her possession, but should my said daughter Elizabeth die without issue the property loaned her it is my will shall be divided in the following manner to be equally divided between the children of my daughter Polly Heaton, Milly Jourdan, Sally Baker, Priscilla Fulks, Jiney Fulks, Fereby Johnson and my grandson Hartwell Spann each to have a share & share alike

12 Item It is my will and desire that the two notes that I have on my son Hartwell B Hyde, one for four hundred dollars payable six years after

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date in cash notes, and the other payable in eight years after date for eight hundred dollars, in cash notes, three notes was given for the following negroes Woodley, Abram, Delila & her two children, Nat & Elizabeth. It is therefore my will that the money on notes arising from the four hundred dollar note be appropriated in the following manner when it falls due, to Hartwell Span my grandson or his heirs two hundred dollars, to Willis Span, one dollar & to Polly Oliver formally Polly Span, the sum of one dollar, & the balance say one hundred & ninety eight dollars. I wish to be given to Jinsey Fulks, when the said note of four hundred dollars falls due and the eight hundred dollar note I wish to be divided in the following manner when it falls due two hundred dollars of it I leave in trust of my executors for the use of my daughter Milly Jourdan & her children to be appropriated by them as they may think proper for the benefit of her & her family - one hundred dollars to Polly Heaton, one hundred dollars to Sally Baker ^one hundred dollars^ to Priscilla Fulks, one hundred dollars, Jiney Fulks, one hundred dollars to Fereby Johnson, and one hundred dollars to Elizabeth Bowman and their heirs forever. 

Item 13th It is my will that all property not mentioned in this will or the deed of gifts to my son Hartwell B. Hyde, of any description be given to the said Hartwell at my death to him & his heirs forever.

14th I have made no provision for the payment of my debts, as I do not recollect of owing any, but request my executors to pay all just debts against me

15th Having full confidence in my executors It is my wish that they should not be put to the trouble of giving security for the faithful discharge of their dutys as executed.

17th I nominate and appoint my son Hartwell B. Hyde & my friends John S. Russworm & William Martin executors to this my last will & testament signed this my last will & sealed it with my seal this 11th day of March 1829 
Hartwell Hyde
Witnesses: Wm C Clark, Jno M. Watson

The State of Tennessee
Williamson County July Term 1833
The last will and testament of Hartwell Hyde deceased is produced for probate the execution duly proven thus John M Watson & William Clark subscribing witnesses hereto being sworn say they became such in the presence and at the request of the testator & in the presence of each other that they believe the testator was of sound & disposing mind & memory at the making and publication of said will and under no un due influence ordered that said will be recorded, and thereupon John S Russworm, one of the executors nominated in said will appears in court and renounces the further? of the execution thereof and Hartwell B. Hyde one of the other executors nominated in said will appears in court and is duly sworn. Ordered that letters testamentory issue to him accordingly.