LAST WILL AND TESTAMENT of
May 4, 1831
Benjamin Towler Last ) In the name of God Amen, I
Will and Testament ) of the state Tennessee, Rutherford County
July Term 1838 ) although at present in tolerable health Thanks be to God
yet certain circumstances render it my duty to provide for the disposal of the little property I possess or may here after possess and while ___ ___ of a sound mind___ I Benjamin Towler do make this my last will and testament in the following Manner
1. I bequest that all my debts I owe may be paid by my executor.
2. I give to my grandson John Reese son of John Reese and Martha Reese his wife the sum of five dollars.
3. I give to my granddaughters, Sally Scrape and Polly Crisp A piece.
4. To my ever dear respected wife Martha Towler I give wholeAnd every part of the balance of my property, land, Negroes, Stock of every kind, household, and kitchen furniture, farming utensils __ ___ during her life.
5.At her decease my will is that Mary Elder my daughter shall Have all the tract of land where on I now live and where on William Elder lives with all the household furniture that is Now in William Elders possession and I further give my Daughter Mary Elder my Negro man named Peter and Lucy His wife and her family of children namely Elizabeth, Phillip Johnson, William ____, David Randolph, Lucky Jones And Bob are also and also hers ______ hereafter if any. I will This property to my daughter Mary Elder for own proper use, During her life and not to be liable for any contracts of her Husband William Elder or any other husband, and at her death The property is to be equally divided amongst the following Persons, _____ Benjamin Elder, William Elder Jr., James Elder, Robert Elder, Monroe Elder, John W. Elder, And Harry L. Elder,
6. I give to my grandchildren Sally Dancy heirs, the following Negroes, Polly and her four children and her ___ which is already in Iszack Dancys possesion, also a Negro woman Named Lucy and a man named Braston which is in my Possession, also three hundred dollars in cash to be made From the sale of my stock and divided between said heirs.
7. I give the balance of my stock and household furniture To my two granddaughters Sally Scrape and Polly Crisp Together with the five dollars apiece before named.
8.And lastly I appoint my grandson Benjamin Elder my Executor to this my last will and testament in witness to The above. I the said Benjamin Towler have to this set my Hand and seal this 4th day of May in the year of our Lord One thousand eight hundred and thiry one.
Benjamin Towler ( Seal )
Signed sealed and acknowledged by
Sw Benjamin Towler
For this his last will and testament in
The presence of us
Wm. H. Smith
Benjamin Elder to ) Know all men by these presence that
Executors Bond to ) we Benjamin Elder James D. Scrape
July Term 1838 ) & Louis Wade are held firmly bound by
Newton ______ Governor of the state of Tennessee and his ____ in office in the just and full sum Of two thousand dollars for the payment of ____B will and truly to be made. We and each of us find our heirs Executions and Administrators _____ _____ and firmly by these presents sealed With our seals and dates this 24th day of July 1838. The condition of the above obligation is such that ____ the above bound Benjamin Elder hath this day taken upon Himself the ____and Execution of the will of Benjamin Towler deseased.____if the said Benjamin Elder Well and truly execute the same by paying first the debts Of said deseased and ___ ____ ____ ____ in said Will as ____as ___Fate will come into his ____ Will The law charges him and makes a true and perfect inventory Of the goods and Cattles of the deceased and return the sums In the time prescribed by law then this obligation to be void Otherwise to ____ in full force and ______ Test sc ____ ___
Benjamin Elder ( Seal)
J.D. Scrape ( Seal )
Lewis Wade ( Seal )
This document transcribed by Tammy Shalina Scrape Garner 6th great
granddaughter of Benjamin Towler and
James Michael Scrape 5th great grandson of Benjamin Towler And father of Tammy Shalina Scrape Garner on May 1, 2000
Note: Benjamin Towler, was the father of Sarah Towler Dancy, first wife of Isaac Dancy.
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Posted April 5, 2001