Wills

Transcript of Will of Phillip Cox, 1678-1736

Will of Rebecca Cox Talley, abt 1758-1818

Will of David Barton, husband of Elizabeth Cox (Daughter of Phillip Cox and Jemima Taylor)

Transcript of the Will of Philip Cox-1678-1736, Written in 1728-Proven 1736

The following is an attempt to preserve the spelling in the court document; however it was also difficult to read many of the words. There are likely to be errors in the transcription, and several words are left for the reader to render.

In the Name of God Amen. The twenty Seventh Day of September One Thousand Eight (7) hundred and Twenty Eight. I Phillip Cox of the Blue Hills in Sumorset County being [infornally] in bodily health and good and perfect memory thanks be to Almity God and Calling to Remembrance the [uncertinty] of my transitory life do more constitute ordain and declare this my last Will and Testament in manor and forme following revoking annulling by those present all and every Testament and Testaments Wills and Wills heretofore by me made and declared whether by word or writing and this is to be takin only for my last Will and Testament and none other. And first being [Contout? Perhaps contrite was intended?] and sorry from the botom of my heart for my Sines past most humbly desiring forgivnoss for the Sines I give and committ my sole unto Almity God my Savour and Redemor in honor and by merits of Jesus Christ I trust and do love, Lord help my unbelief, as surely to be saved and to have full remission and forgivnoss of all my Sins and that my Sole with my Body at the general Day of Resurrection shall rise again in the joy and through the merit of Christs death and Baptism {???] and inherit the Kingdom of Heaven prepared for his Elect and chosen and my Body to be Buryed in such place where it shall please my executors hereafter named to appoint. And now for the Settling my Temporal Estate and such goods Chattels and Debts as it hath pleased God fair above my (efforts?)

to bestow upon me I do order give and dispose the same in manner and forme following that is to say: First I will that all those debts and dutis that I owe in rite or [Conscience?] to any manner of person or persons whatsoever shall be well and truly paid or ordained to be paid within Covenant time after my death by my Executors hereafter named. Then I give my well beloved wife the house and land where I now live as long as she remains a widow and then to my fowor children as foloweth that is to say to my [Eldest?] son John twenty pound to be paid within Covenant time after his mothers death and then the house and land to be equily divided betwin my other tow sons, that is to say Philip and Phinas paying unto there sister Elizabath twenty pound within Covenant time after there mothers death and then the movabls to be divided equly betwin the fowor children that is John Philip Phinas Elizabath. Now if it shall please God any of those children should die before the time that the equol part shall be divided to the survivers, to which end and purpose I first herto make and ordain my dealy beloved wife with John Kinsey Junior executers. In witness woarof I set to my hand the day and year above written. Before signing and sealing this my last will and testament I do further give and [???] to my said Executors or the Survivor of them full power to sell and dispose of (in fee simple?) to any person who shall purchase the same one hundred acres of land by me purchased of John Budd and lying in Somorset County and out of the moneys arising by the said sale to pay the debts which are or may be due at the time of my [????] to any person or persons whatsoever. Signed Phillip Cox, Seal

Witnesses of this Will and that the same was published and declared to be the last Will of the said Philip Cox were John Kinsey, Wm. Thomson, Joanna Kinsey.

John Hamilton, Esq.[Provost?} of his Majestys council and Commander in Chief of the Province of New Jersey to all to whom those presents shall [come?] or may concern: Greeting Know ye that at Perth Amboy on the Day of the date of those present before me the last Will and Testament of Philip Cox late of the Blue Hills in Somorset County was proved and approved in allowed of by me. Having while he [lived?] at the time of his death Goods rights and credits in divers places within this Province by means whereof his full disposition of all singular the goods rights and credits of the said deed and the granting administration of them as also the having of account (calculations or recording?) and the final discharge and [dismission?] from the same unto [?????] unto any other inferior judge [????] known to belong. And his administration of all and singular the gods Rights and credits of the said declarant?]and his las will and testament in any manner of ways [concerning?] was granted unto Dorcas Cox Relict of ?????? the Executrix in the said last will named. Chiefly of well and truly administering the same and making a true and perfect inventory of all and singular the goods Rights and Credits of the said deceased and Executing the same unto the Registry of the [????] Court in the Secretarys office at Perth Amboy on or before the eighteenth Day of November [?????] ensuring and of Recording a just and true account [Calculations or Recordings?] whom those unto required in Testimony whereof I have [???] the [Prerogative?] Seal of the said province of New Jersey to be herunto affixed this eighteenth Day of August in the year of our Lord One Thousand Seven hundred and Thirty Six.

Will of Samuel Cox, 1770-1808

The preface to this Will indicates it is for James Cox. This is clearly a mistake since the body of the Will indicates it is for Samuel Cox.

Knox County, Tennessee, Estate Book, Vol. 1, 1792-1811, Page 191 (also listed as page 266))

An instrument of writing prporting to be the Will and Testament of James Cox deceased was probated for probate whereupon this issue was made by the Court, to wit, whether a paper wrote in the following words—

In the name of God Amen. I, Samuel Cox of Knox County and State of Tennessee being through the abundant mercy and goodness of God, though weak in body, yet of a sound and perfect understanding and memory do constitute this my last Will and Testament and desire it to be received by all as such.

As to my worldly estate, I will and positively order that all my debts be paid, that my burial be decent without pomp or state at the discretion of my dear wife and my Executors hereafter named, whose fidelity I doubt not.

First, I bequeath unto my beloved wife, one tenth part of all my personal property.

Item, I also will and demise unto my well beloved daughter, Sarah Bylant, one negro girl named Jenny and also an equal part in all my Estate both real and personal to her, her heirs and assigns forever.

Item, I also will and demise the real and residue of all my estate both real and personal without any further exceptions to my well beloved children, to wit, unto John, to Coalman, unto Jacob, to Polly, to Rachel, to Bruce and unto Samuel and also to the child or children whom my wife shall lawfully bear unto me, to them, their heirs and assigns forever. I also constitute and appoint my true and trusty friends and dear and kind relations, Jacob Cox Sr Matthew Tally and Presley Buckner, whom I appoint and authorize to sell and dispose of any of my goods and chattels, to discharge my legal debts and where they shall think the personal property of my estate to be cumbrous to the family or in any danger of loss or damage, to sell it as they deem most advantageous and when my wife or any children mentioned in this Will shall make due application according to the law for their part contained in this my last Will and Testament, then and in that case I desire these, my Executors, to nominate and appoint or cause it so to be not less than three disinterested men of honest sober fame to attend on the premise and there make out a valuation of all the property then belonging to the estate, except the negro girl bequeathed to Sarah Bylant, and render unto the applicant the part allotted them by this Will.

And in witness of this, my last Will and Testament, I have herunto set my hand and seal this twenty seventh day of April 1808.

Samuel Cox, (Seal)

is expressive of the last Will and Testament of Samuel Cox deceased or not, whereupon came a Jury, John Dearmond, Joseph Rodgers, Francis Casteel, Sam’l Bowman, Roland Chiles, wm Anderson, Wm Cunningham, Thos Gillespie, Jeremiah Jacob, Moses Looney, Jonathan Douglass, John Meek say said instrument is expressive of the last Will and Testament of Sam’l Cox dec’d.

Contents of the Estate of Samuel Cox, 1770-1808

List of those making purchases at Estate Sale of Samuel Cox

Will of Jacob Cox, Jr, 1768-1809, (Son of Jacob Cox) Proven in 1809

Hawkins County, Tennessee, Wills, Volume 1, 1786-1864, 976.895 M563, P. 64

Page 85; Dated July 1, 1808; Proven Nov. 28, 1807(probably 1809)

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 will and desire that the tract of land whereon I now live shall be divided in the following manner(Viz): That my loving wife, Mry Cox, shall have the one third part her lifetime and the remaining two thirds to be equally divided between my loving children hereinafter 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 disinterested 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 hereinafter named as they becomes of age if they stand in need of it to be valued by three disinterested men and delivered to my loving wife Mary and my 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 propere. 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, and Martin Rowler my three lawful Executors of this my lasat 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 same mind and since foregoing was wrote, I have a son 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 Polier, 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 my 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 among 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 27^th June 1809. Jacob Cox (Seal)

Transcript of Will of Rebecca Cox Talley, abt 1758-1818

2nd wife of John Tally:
WILL: Know all men by these present that I Rebecka Tally of the State of Tennessee & County of Franklin for the natural affinity , Natural affection which I bear and have toward my grand daughter Lete Tally the daughter of Catherine Tally Dec’d, and my son Samuel Tally. I do give grant bequath alien and confirm unto the said Lete Tally and Samuel Tally all my property and Worldly Substance in the manner following (to wit) First and foremost I give grant and bequath unto my before said granddaughter my yellow negro girl, Sohpia and her increase should there be any. I also give grant unto said Lete my house hold and kitchen furniture. I next give unto said Lete and Samuel all my moveable property of a perishable nature to be divided equally between them and unto my Son Samuel Tally I give my all my right title claim and interest to one share or legaties part of two thousand acres of land it being the share or part I purchased of James Nun and his wife Sally being one of the heirs of John Tally, late of Franklin County dec’d. the land being the property of said John Tally dec’d lying on the head of the boiling fork of Elk River but the said Lete Tally die before she coms full age marries has no issue then I give all the above recited property to my son Samuel Tally. In witness my hand and seal this 6th day of February 1818 and 42nd year of American Independance. Signed Sealed with my Seal in presence of:
Thos. Ridge
Hardy Prince

Rebecka Tally

Will of David Barton, husband of Elizabeth Cox (child of Phillip Cox and Jemima Taylor)

Cass County, Georgia, Will Book A, 1836, 1885, transcribed in Cass/Bartow County, Georgia, Abstract of: Will Book A, Will Book B, 1836-1922, compiled by Imogene Basham Belew, 975.8365 B411; Page 22

Page 197-198; Barton, David Cass County, 01 May 1854, recorded 06 February 1860, Wife: Elizabeth’ Children: Joseph, Jermiah Dunlap, Nancy Johnson, James, Mary Griggs, William T, Pendleton, Robert Hamilton Barton, Alisy Stalings, Joshua F and Asbury Barton; Grandson: Lewis B Davis;; Granddaughter Hudley J Davis; Executor William T. Barton, Joseph Barton; Witness Jacob Mosteller, John M.. Elrod, Wm. Hays, James Winburn, Wily Goss, jp

The Wm Hays who witnesses this will may be the father of Elizabeth Hays, who married Terry L. Cox, and the father of Mary Hays, who married Abraham Echols. It is the cemetery of his family where David is buried.