Jacob Cox, Jr. was born in about 1768, probably in Halifax or Pittsylvania County, Virginia. This was in a time period when his father, Jacob, was active in buying and selling land, and it is hard to determine where the family was living. We have little information about his early life, but we find him in what is now northeastern in the early 1780’s, and he married Mary Widener (Widner) in Hawkins County, Tennessee, in 1790. They appear to have remained in Hawkins County throughout their married lives.
In 1784, Jacob Cox, Sr., received a land grant in Sullivan County, Tennessee (North Carolina) at the same time as John Miller, Lewis (Ludwig) Widener, and John Tally. John Tally was a future son-in-law of Jacob Cox, Sr (brother-in-law of Jacob, Jr.), Lewis Widener was Jacob, Jr.’s future father-in-law, as well as John Miller’s future father-in-law. John Miller married Eva Widener while Jacob, Jr. married her sister Mary. Years later, John and Eva had a daughter named Rachel who married Witner Cox, son of Jacob Cox, Jr. and Mary Widener. Clearly, these families became intertwined.
Jacob, Jr. and Mary had children named Emmaline, Lucy, Betsy, John, Polly, Witner, Pharoah, Nancy, and Samuel. Samuel was born in about 1809, near the time that Samuel, brother of Jacob, Jr., died.
Jacob and Mary owned land that bordered Virginia near what is now Kingsport, Tennessee.
We don’t know the reason, but Jacob wrote his will in 1807, even though he was only about 40 years old. In a matter of odd timing, he died in 1809, about the time his youngest son was born, and within a few months of the death of his younger brother, Samuel. Samuel died from injuries sustained in a fight, so it would appear that the health issues were unrelated. Since Jacob wrote his will early, and he died within two years of writing his will, we might conjecture that he had some ongoing health issues. That is also suggested by his statement that he was “weak of body” when he wrote the will in 1807. This attesting to the will included Presely Buckner (brother-in-law and husband of Nancy Cox), Matthew Click (son-in-law and husband of Lucy Cox), Dennis Condrey (Condra, part of the family into which Jacob’s sister, Dorcas, married), Martin Roller (brother-in-law of Jacob and husband of Elizabeth Widener), and John Miller (brother-in-law of Jacob and husband of Eva Widener).
The Will
Page 85
Dated: July 1, 1808 Prov. Nov. 28, 1807
In the Name of God, Amen. I, Jacob Cox, of the County of Hawkins and State of Tennessee, being weak of body but of perfect mind, do make, constitute and ordain this my last will and testament in the following manner, to wit (Viz): Item. It is my will and desire that all my just debts be paid. It is my will and desire that my loving wife Mary Cox shall have my black mare called Cate without any legence It is my wish, my will and desire that the tract of land whereon I now live shall be divided in the following manner (Viz): That my loving wife Mary Cox shall have the one third part her lifetime and the remaining two thirds to be equally divided between my loving children hereafter named. It is my will and desire that all my other lands shall be equally divided between my three sons, to wit: John, Witner and Pharoah, by three dis-interested men. It is my will and desire that all my personal estate and household furniture shall be equally divided between my loving wife and loving children hereafter named as they becomes of age if they stand in need of it, to be valued by three dis-interested men and delivered to my loving wife Mary and loving children: Lucy, Betsy, John, Polly, Witner, Pharoah, Nancy and Emmaline. It is my will and desire that if there is more stock than will be considered for use of the place it shall be sold as they think proper. It is my will and desire that my loving children shall be educated out of the estate as my Executor may think proper. I do make, constitute and ordain Thomas Hopkins, my wife, Mary Cox, & Martin Rowler my three lawful Executors of this my last Will and Testament. Given from under my hand and seal this the twenty-first day of July in the year of our Lord, one thousand eight hundred and eight.
Jacob Cox (seal)
Test. Continued. Martin Roller Also, I do will being my desire and having the sane mind and since fore- going was wrote, I have a son that we have named Samuel share equally with my other sons as within mentioned. My wish is that at the time of a regular division of my personal estate that our daughter Lucy may admit of a credit from a sorrel mare supposed to be worth $100.00. It is my will and desire that my son John Cox should have a certain horse named Poliear, together with a new saddle, bridle and a rifle gun charged one hundred dollars which will be deducted out of his legacy. It is also my will and desire that the negroes shall be hired out or kept on the premises as shall be thought best by my Executors and family for the term of ten years, and at the end of said term of ten years for them and their increase to be equally divided amongst my children; nevertheless, it is my will and desire that my dearly beloved wife Mary Cox have her choice of the negroes during her lifetime and then to fall to my children again.
Given from under my hand and seal This 27th June 1809.
Jacob Cox (seal)
Test. Henry A. Hall, Matthew Click, Dennis Condray, John Miller, Martin Roller, (J), Jacob Wills (J), Presley Buckner
Researcher Terry Barwin transcribed the following information from court records. It suggests that Lucy was a daughter of Mary Widener prior to her marriage to Jacob and shows a dispute about Jacob’s estate nearly 15 years after his death. Our thanks to Terry for sharing her work with us.
Transcribed by Terry Barwin October, 2017
Matthias Click vs. Mary Cox, John Cox and Thomas Hopkins, executors of the Estate of Jacob Cox dec’d filed about 1820.
Bill of Complaint
To the honorable Judges of the Supreme Court of Errors and Appeals of Tennessee at Rogersville
Humbly complaining sheweth unto your honor your Orators Matthias Click (who intermarried with Lucy Cox, daughter of Jacob Cox late of Hawkins County within said first Circuit) and the said Lucy now Lucy Click – That sometime prior to the year of 1809 Jacob Cox father of said Lucy departed this life possessed of a considerable estate Real and Personal having first made his last Will and Testament in writing devising to the said Lucy as one of his Legatees a division of said estate.
In and by said Will and Testament, Mary Cox, wife of the said Jacob deceased and a certain Thomas Hopkins were appointed executors of the said will – who took upon themselves the expectation of the duty of Executors.
Your orator herewith exhibits a copy of the said last Will and Testament and codicil thereto and pray that the said may be considered port of this bill.
Your orator charges that a certain John Cox has resided with the said Mary on the tract of land parcel of the estate that they have taken the proceeds of the land and have used the negroes without accounting as yet to any person for the same.
Your orators charge that the yearly value of said negroes is very great – that the design was to increase a fund for division among the children of the estate – they further charge that the 10 years mentioned in the will that the negroes were to remain on the farm or be hired has expired and that by the will they are now entitled to division thereof.
But now so it is, may it please your Honors the said Thomas Hopkins, Mary Cox, and John Cox who your orators pray may be made defendants hereunto have combined and confederated themselves together to cheat and defraud your orators under various pretenses have refused to come to any settlement with your orators or to make any division of the estate in their behalf.
In tender consideration whereof and for as much as your Orators is without relief … Thomas, Mary and John may be made defendants hereto and that they be compelled to make true and perfect answer to all and singular allegations …
Thomas Hopkins – October 1821
The answer of Thomas Hopkins to the Bill of Complaint… that he admits it to be true that Jacob Cox died about the time stated in the Bill having published his last Will and Testament of which the codicil thereunto annexed may be a correct copy. Respondent also admits that Mary Cox, widow of the deceased and this Respondent were in said will named Executor and Executrix thereof…
This respondent expressly (states) that the management of the estate devolved almost entirely in the said Mary Cox, that this respondent never received any part of the Personal Estate except the labor of one negro man named Jack which the respondent hired for one year at the rate of sixty dollars per year which negro man continued in the possession of Respondent 5 or 6 years without any new contract being made .. and a small sum of money which respondent person who had bought some cattle at the sale of the estate – the amount of which this respondent does not now recollect but he is ? it did not exceed thirty dollars and he reduced an account of it to Mary Cox the widow …
Neither of them (complainants) applied to this Respondent for the purpose of obtaining a settlement of the Estate of Jacob Cox deceased and if they had, respondent had no desire nor intent in keeping them from the possession of anything they may be entitled under the said will of Jacob Cox. Respondent further states that about the year 1816 he left that part of the Country when the personal and real estate of Jacob Cox was situated and removed to Warren County in this state from period of time this respondent has not concerned himself with the management of said Estate and at that time the ten years mentioned in said will had not elapsed at the end of ? time a division of the personal estate of said Jacob was to take place. Respondent further states that he knows nothing of his own knowledge whether John Cox, the other defendant to this Bill has had the use of the negroes belonging to said Estate or whether he has got into his hands any part of said Estate be that as it may, respondent is advised that complainants have no right to call for any amount of the property of said estate until the expiry of the ten years in said will mentioned. Respondent does not admit but expressly denies that complainant Lucy is the daughter of the said Jacob Cox as was ever acknowledged by him as such except as is done in his bill for Respondent expressly states that he is informed and believes that the said Lucy was born before the intermarriage between the said Jacob Cox and the said Mary and never was by the said Jacob acknowledged or answered (?) as his child either legitimate or illegitimate except in his will as herein
Hopkins goes on to state that he didn’t feel it was his place to “intermeddle” with the estate and that, given that the will required the farm to be run and the proceeds of the farm to provide for the “infant” underage children for a period of 10 years after Jacob’s death, he feels he fulfilled his duties and discharged to Mary Cox – co-executor. Handwriting is very difficult to read.
John Cox – November 1821
The separate answer of John Cox to the Bill… he admits it to be true that sometime in the year 1809 Jacob Cox, the father of this respondent, departed this life having first made his last Will and Testament of which respondent admits the exhibit to be a correct copy. But this respondent expressly denies that the complainant Lucy is a daughter of the said Jacob Cox as is very untruly stated in the bill. On the contrary, Lucy is a daughter of the said Mary Cox, wife of the said Jacob born before her intermarriage with the said Jacob and never acknowledged by him to be his child as respondent has been informed and believes some ambiguous expressions in said will to the contrary notwithstanding. Respondent admits that he has for some time past resided on the land devised to him by his father and that he may at times have employed some of the negroes in said will named but he denies that he is in any way liable to be called to account to the complainants for the use of said land or for the use of any of the negroes aforesaid and or that he is accountable to any person for the use of said negroes except to the executor of his fathers will. Respondent does not admit that the complainants have any right to call upon the executors of the aforesaid will of Jacob Cox either for a part or distributee share of the negroes mentioned in said will or for an account of the hire of said negroes because he is advised that in the codicil annexed to said will therein contained no part of said negroes is bequeathed to the complainant Lucy. She not being a child of the said Testator and if she is entitled to anything by virtue of said will and codicil it is only to a ? in the ? personal estate not including the negroes that might remain after the expiration of ten years from the death of said Testator which happened in the latter part of the year 1809. Respondent further states that he is advised the profits of the personal estate of Jacob Cox constituted a fund for the maintenance and education of his own children all of whom young and some of them very tender years and that his executors were appointed trustees for the management and application of said fund and that they are not liable to be called upon by any person for a distribution of said fund or to have it applied to any other purpose and at all events they are not liable as respondent is advised to be called upon by complainants who are no relation of the said Testator … that if the complainants be entitled to anything under or by virtue of the aforesaid will, the respondent has done nothing to prevent them from obtaining it nor does he know of his own knowledge whether they have asked the executrix of said will for any settlement as he is informed they have not since the expiration of the ten years following the death of the Testator.
WILL OF JACOB COX
Dated: July 1, 1808 Proven Nov. 28, 1807
In the Name of God, Amen. I, Jacob Cox, of the County of Hawkins and State of Tennessee, being weak of body but of perfect mind, do make, constitute and ordain this my last will and testament in the following manner, to wit (Viz):
Item. It is my will and desire that all my just debts be paid. It is my will and desire that my loving wife Mary Cox shall have my black mare called Cate without any legince(?) .
It is my wish, my will and desire that the tract of land whereon I now live shall be divided in the following manner (Viz): That my loving wife Mary Cox shall have the one third part her lifetime and the remaining two thirds to be equally divided between my loving children hereafter named.
It is my will and desire that all my other lands shall be equally divided between my three sons, to wit: John, Witner and Pharoah, by three dis-interested men.
It is my will and desire that all my personal estate and household furniture shall be equally divided between my loving wife and loving children hereafter named as they become of age if they stand in need of it, to be valued by three dis-interested men and delivered to my loving wife Mary and loving children: Lucy, Betsy, John, Polly, Witner, Pharoah, Nancy and Emmaline.
It is my will and desire that if there is more stock than will be considered for use of the place it shall be sold as they think proper.
It is my will and desire that my loving children shall be educated out of the estate as my Executor may think proper.
I do make, constitute and ordain Thomas Hopkins my wife, Mary Cox, & Martin Rowler my three lawful Executors of this my last Will and Testament.
Given from under my hand and seal this the twenty-first day of July in the year of our Lord, one thousand eight hundred and eight.
Jacob Cox (seal)
Witnesses: Martin Roller
Codicil
Also, I do will being my desire and having the sane mind and since fore- going was wrote, I have a son that we have named Samuel share equally with my other sons as within mentioned. My wish is that at the time of a regular division of my personal estate that our daughter Lucy may admit of a credit from a sorrel mare supposed to be worth $100.
It is my will and desire that my son John Cox should have a certain horse named Pelican, together with a new saddle, bridle and a rifle gun charged one hundred dollars which will be deducted out of his legacy. It is also my will and desire that the negroes shall be hired out or kept on the premises as shall be thought best by my Executors and family for the term of ten years, and at the end of said term of ten years for them and their increase to be equally divided amongst my children; nevertheless, it is my
will and desire that my dearly beloved wife Mary Cox have her choice of the negroes during her lifetime and then to fall to my children again.
Given from under my hand and seal this 27th June 1809.
Jacob Cox (seal)
Witnesses: Henry A. Hall, Matthias Cleek, Dennis Condray, John Miller, Martin Roller, Jacob Wills, Presley Buckner
The papers also include testimony of Thomas Hopkins, John Critz, John Ellis, and Robert Kincade all swore oaths stating that they believe John Cox had no intention of leaving the jurisdiction of the Hawkins court. They reference a recent land purchase wherein Cox paid $1,800 for some land adjoining land on which he resides on the N Fork Holstein. The land was purchased from Thomas Hopkins. Kincaid states he has known him since he was a boy. Critz states he is Coxes nearest neighbor. Ellis states he lives within 4 to 5 miles of Cox. Hopkins states he has “long been acquainted” with John Cox.
Other testimony taken by Elisha Reynolds (acting Justice of the Peace, Warren Co TN) at the dwelling house of Elisha Reynolds Esquire
Daniel Wills – states he went to live on the plantation of Mary Cox on the N Fork Holstein in Hawkins County sometime in the year 1816 and has made his home there principally ever since until sometime last Fall. States that John ran the farm until March 1822 when the estate and negroes were divided among the heirs. He states that in his role, he observed how the plantation was run and its finances. He estimated the farm was earning about $450 annually. Wills goes on to say that John did most of the work and that John’s siblings did not take much of a role.
Daniel was asked “Did the services or labor done on the plantation by Witner and Pharaoh Cox contribute as much toward making the clear profit … as (compared) to the servers rendered by John Cox. Daniel answered “No”. Daniel testified the plantation had 9 horses at the time of the division.
His testimony refers to other testimony given by Henry Larkin and William Bradley in August 1823 but this testimony is not within the papers I received from the Archives.
Discussion of John Cox purchasing a negro boy named Abraham from Coleman Cox. Daniel believes the boy was traded for a horse.
“Did or did not Whitner and Pharaoh work for themselves on and off the plantation for considerable time – specifically Pharaoh?” – Answer “Yes they did as Pharaoh was a shoe and boot maker”
My (Terry Barwin) Commentary
There is no testimony of Mary Cox within the documents sent. One would think she was a critical part of this discussion being not only the mother of Lucy Cox but also Executrix of the will. It is not clear if she was never called upon, if she just refused to participate, or if she answered but the documents are lost to time.
From the line of questioning of Daniel Wills above, it sounds as though John may have been trying to make the case that he should receive a greater share of the estate based on his diligent oversight.
From review of the will, it appears that Jacob’s intent was to treat Lucy as his child, regardless of whether she was his child or not.
The papers I received do not state the outcome of the suit but a review of the deed book may reveal the answer.