Curd Cox Will and Probate
Knox Co., TN
Book 19, page 458-461
December Session 1853
Curd Cox
At November Term of the County Court & 7 day of said Term 1853 --- An Instrument of writing purporting to be the last Will and Testament of Curd Cox, late of Knox County deceased was presented to the Court for probate, whereupon Mason Woods, Charles Curd & Wm Petre subscribing Witnesses thereto made oath that they saw the said Testator sign and seal said instrument of writing and heard him pronounce publish and declare the same to be his last Will and testament and that he was at the time of publishing the same of sound mind and memory to the best of their knowledge and belief which will was thereupon admitted to Record. _viz
State of Tennessee) September 11th 1852
Knox County )I Curd Cox do this day make and publish this my last Will and testimony, hereby revoking and making void all other and former Wills made by me at any time whatever I want my funeral expenses and all my just debts be paid as soon after my death as possible out of any money that I may __ seized of or may first come to hands of my Executors. 2. I will and bequeath to my son and daughters to wit John Cox, James Cox, Richardson Cox, Moses Cox, Sally Conner, Milly Hill all my effects both real and personal to be equal divided between the above name six heirs. Except the following bequest to my son Henry Cox, a certain tract of land transferred to him by deed of gift whereon he now lives, that being his portion of my estate to my daughter Elizabeth Jett youngest son Menoah Jett, on hundred dollars the amount in full of all that said Elizabeth Jett is to have my Estate or him of said Elizabeth Jett.
My daught [daughter] Polly Roads has received in full her portion of my Estate or all that she is to have. To my son John Cox I give one slave named Jane at four hundred dollars, also one named George at six hundred dollars. To my daughter Milly Hill, I give one slave named Harriett at five hundred dollars, also one named John at One hundred dollars, also Mary is to belong to Milly Hill at my death, for which I have heretofore made to the said Milly Hill a deed of Gift now should the above named John Cox & Milly Hill take the above named Negroes aloted [allotted] to them at the prices above named then the said Sally Conner, James Cox, Richardson Cox, Moses Cox is to have an amount equal of my estate, provided my Estate should be sufficient if not John Cox & Milly Hill to refund back again, so as to make Sally Conner, James Cox, Richardson Cox, Moses Cox equal with themselfes [themselves]
But provided that John Cox & Milly Hill should refuse to take the above name Slaves at the above name price, then and in that case the said slaves shall be sold the heirs to be purchasers and no other persons and lastly I do nominate and appoint my sons John Cox & James Cox and Marvel Hill my Executors. Whereof I do to this my last will set my hand and Seal the day first above riten [written]………Curd X Cox (seal)
(his mark)
Singed sealed and published in our precent and we have subscribed our names in presents of the testator the 11th day of September 1852.
Mason Woods, Charles Curd, Wm Petrie
December Term the 5th day 1853
The last Will and Testament of Curd Cox late of Knox County deceased having been proved and admitted to Record at the last term of this Court in which John Cox, James Cox, and Marvel Hill are appointed Executors, whereupon came into open Court the said Marvel Hill and John Cox two of the Executors appinited [appointed] in Said Will and entered into bond with J. H. Cox, Richardson Cox, James Cox, and Moses Cox, as their Securities in the final sum of ten thousand dollars and were duly qualified as such, and thereupon Letters Testamentary were awarded and issued.
Which are as follows to wit.
State of Tennessee Knox County. To all person Greeting . Whereas, at our County Court, held for the County of Knox, at the Court house in Knoxville on the 1st Monday of December 1853, it appeared to the Court that Curd Cox, late of said County, had died, having first made his last Will and testament, in which John Cox & James Cox and Marvel Hill are appointed executers, and the said Will having been proved and admitted to record, and John Cox & James Cox two of the Executers, being duly qualified as such. We therefore _____ the said John Cox and James Cox to take into their possession, all and singular, the goods and chattel, rights and credits, of the said Testator, and all the Legacies specified in said Will, ___ and truly to pay, so far as the said goods and chattels, rights and credits may extend, and in all things to administer, said goods and chattels rights and credits, according to the terms of said Will, and the law of the land.
Witness Geo W. C. Cox, Clerk of said Court at Office in Knoxville, the 1st Monday of December 1853.