Updated November 25, 2022
Background
In the days before statehood, Tennesseans struggled to gain a political voice and suffered for lack of the protection afforded by organized government. Six counties—Washington, Sullivan and Greene in East Tennessee and Davidson, Sumner, and Tennessee in Middle Tennessee—had been formed as western counties of North Carolina between 1777 and 1788.
After the American Revolution, however, North Carolina did not want the trouble and expense of maintaining such distant settlements, embroiled as they were with hostile tribesmen and needing roads, forts and open waterways. Nor could the far-flung settlers look to the national government, for under the weak, loosely constituted Articles of Confederation, it was a government in name only.
The westerners' two main demands—protection from the Indians and the right to navigate the Mississippi River—went mainly unheeded during the 1780s. North Carolina’s insensitivity led frustrated East Tennesseans in 1784 to form the breakaway State of Franklin.
John Sevier was named governor, and the fledgling state began operating as an independent, though unrecognized, government. At the same time, leaders of the Cumberland settlements made overtures for an alliance with Spain, which controlled the lower Mississippi River and was held responsible for inciting the Indian raids. In drawing up the Watauga and Cumberland Compacts, early Tennesseans had already exercised some of the rights of self-government and were prepared to take political matters into their own hands.
Such stirrings of independence caught the attention of North Carolina, which quietly began to reassert control over its western counties. These policies and internal divisions among East Tennesseans doomed the short-lived State of Franklin, which passed out of existence in 1788.
When North Carolina finally ratified the Constitution of the United States in 1789, it also ceded its western lands, the Tennessee country, to the Federal government. North Carolina had used these lands as a means of rewarding its Revolutionary soldiers, and in the Cession Act of 1789, it reserved the right to satisfy further land claims in Tennessee.
Congress designated the area as the Territory of the United States, South of the River Ohio, more commonly known as the Southwest Territory. The territory was divided into three districts—two for East Tennessee and one for the Mero District on the Cumberland—each with its own courts, militia and officeholders.
President George Washington appointed William Blount as territorial governor. He was a prominent North Carolina politician with extensive holdings in western lands.
In 1795, a territorial census revealed a sufficient population for statehood, and a referendum showed a three-to-one majority in favor of joining the Union. Governor Blount called for a constitutional convention to meet in Knoxville, where delegates from all the counties drew up a model state constitution and democratic bill of rights.
The voters chose Sevier as governor, and the newly elected legislature voted for Blount and William Cocke as Senators, and Andrew Jackson as Representative.
Tennessee leaders thereby converted the territory into a new state, with organized government and constitution, before applying to Congress for admission. Since the Southwest Territory was the first Federal territory to present itself for admission to the Union, there was some uncertainty about how to proceed, and Congress was divided on the issue.
Nonetheless, in a close vote on June 1, 1796, Congress approved the admission of Tennessee as the sixteenth state of the Union. Its borders were drawn by extending the northern and southern borders of North Carolina, with a few deviations, to the Mississippi River, Tennessee's western boundary.
Indicates that I have on file a copy of the original document.Carroll County, TN
Will of Capt. Daniel Bagby
19 Aug 1828
I Daniel Bagby of the County of Carroll and State of Tennessee Do make this my last will and testament in manner and form as followeth,
1st Item, I give to the heirs of the body of my Daughter Harriett Gilliam One negro girl named Jinney with her futer increase (if any) I also give to said Heirs a negro man named Wilson both the said negroes with the increase of Jinney if she have any to be Equally divided amongst Said heirs. It is also my will and desire that my Daughter Harriett Should not be deprived of the benefit of said negroes during her life.
2nd Item I give to my Daughter Harriett Gilliam One Side Saddle of good quality.
3rd Item I give to my beloved Wife Lucy H. Bagbey, and the following Children namely William H. S. Bagley and George H. Bagley, Ballard C. Bagley, Mary S. Bagley, Thomas M. Bagby, Daniel S. Bagby the whole of my estate both personal and real (with the exception of one half of a fourteen acre tract of land and also one half of the benefit of a mill on Said tract, which excepted part of land and mill belongs to John C. McLemore to be equally divided between my Wife and Said Children; notwithstanding it is my will and desire that my beloved wife should keep in possession the plantation on which I now live, with a sufficiency of hands to attend the same during her life. It is my will and desire that the above named Children in this Item when they marry or become of age Should have an equal portion of their Several Shares of my Estate untill a final devision take place among them Equally at the death of my Wife.
4th and last item, I constitute and appoint my eldest Son William H. S. Bagby and George H. Bagby My Executors to this my last will and Testament In Testimony of which I have subscribed my name this Nineteenth day of August 1828.
Sig: Dan'l Bagby (Seal)
In presence of Us
John C. Smith
Thomas Hamilton
[Harriet Bagby married James C. Gilliam, the son of Charles Manning Gilliam of Cumberland County, VA]
Davidson County, TN
9 Jun 1813
Thos. Wilks Desd Estate Divided
Rec: June 9th 1813
To the Honorable Court of Davidson County now Sitting we the under signed agreeable to your Order of January Sessions 1813 have Divided the Estate of Thomas Wilks Desd Among the following heirs and Agreeable to the following Viz
Sally Wilks Drew by Lot Jeremiah Valued to $475.
Julia Wilks drew Dicy Valued to $360
Elizabeth Gilliam Drew Minera Valued to $300
Albert Wilks Drew David Valued to $150
Henneretta Page Drew Diana Valued to $120
Polly Wilks Drew Coatney Valued to $ 75
And the heirs that Drew the Negroes of the Highest Value Should pay the Amount of Difference Between said Negroes within three years by Giving Note and Security for the Same wit interest on said Obligation Given under our hands this 19th day of April 1813
Wit: Tho Dillahunty, William Ganeer, James Maxwell
The Above Return of the Division of the Estate of Thomas Wilks Desd Among his heirs was Returned into Court April Sessions 1813 and Ordered to be Recorded
Davidson County, TN: County Clerk: Wills Volume: 1-4 Date: 1784-1816, Roll #427: Vol. 4, page 226
www.1918copies. com
10 Jun 1813
Division of Lands of Thomas Wilks
Thomas Wilks Decd.
Recorded June 10th 1813
This Plan represents one hundred Acres of Land formerly the property of Thomas Wilks Desd lying in Davidson County on the western waters of Richland Creek Adjoining the Lands Martin Greer Giles Harding and Robert Thompson now we have Divided it Between the said heirs of said Wilks first having laid off the widows dower Agreeable to an Order of the Worshipfull County Court of Davidson at the January Sessions 1813.
The Division marked No. 1 by lotts being drawn for is the Share or Dividend of Polly Wilks and Contains thirteen Acres and fifty two poles Begining at a Stake South East Corner of the said one hundred Acres and Runs North Seventeen and two Tenth pole to a Stake South East Corner of the widow Dower then West with the South boundery of the Same one hundred and Twenty four poles to a Blazed Elm and Sugartree then South Seventeen and two Tenths poles to a Stake South west Corner of the said Survey then East with Martin Greers line one hundred and Twenty four poles to the Begining, ~~ The widows Dower Begins at a Stake North East Corner of Lot Number one on the East boundery of said one hundred Acre Survey and Runs North forty three poles to a Stake South East Corner to Lot No. 2 then West one hundred and Twenty four poles to a forked Fustie and Black Ash South West Corner of No. 2 then South with the East boundery of said Old Survey forty three poles to an Elm and Sugartree North West corner of lot No. 1 then East with the line of the Same one hundred and Twenty four poles to the Begining, ~~ The Division marked No. 2 by lotts being Drawn for is the Share or Dividend of James Gillam and Contains thirteen acres and fifty two poles Begining at a Stake North East Corner of the Widows dower and Runs North Seventeen and two Tenths pole to a Stake South East Corner of Lot No. 3 then West with the line of the Same one hundred and Twenty four poles to a large Elm and Sugartree its soutwest Corner then South with the West boundery of the Old Survey Seventeen and two Tenths poles to a forked Fustie and Black Ash north west Corner to the Dower then East one hundred and Twenty four poles to the Begining.
The Division marekd No. 3 by lots being Drawn for is the Share and Dividend of Albert Wilks and Contains thirteen Acres and fifty two poles Begining at a Stake north East Corner of Lot No. 2 and Runs North Seventeen and two Tenth poles to a Stake South East Corner of Lot No. 4 on the East boundery of the Old Survey then West with the line of Lot No. 4 one hundred and Twenty four poles to a Beech and Ash its South west Corner the South Seventeen and two Tenth poles to an Elm and Sugartree North West Corner of lot No. 2 then East with the line of the Same one hundred and Twenty four poles to the Begining. ~~ The Division marked No. 4 by Lots being Drawn for is the Share or Dividend of Julia Wilks and Contains thriteen Acres and fifty two poles Begining at a stake North East Corner of Lot No. 5 and Runs West with the line of the Same one hundred and Twenty four poles to a Blazed Sugartree and Hackberry its South West Corner then South Seventeen and two Tenth poles to a beech and Black Ash North West Corner of Lot No. 3 then East with its line one hundred and Twenty four poles to the Begining
The Division marked No. 5 by lotts being Drawn for is the Share or Dividend of Giles page and Contains thirteen Acres and fifty two poles Begining at a Stake North East Corner of Lot No. 4 and Runs North Seventeen & two Tenths poles to a dead Dogwood and Black Ash North East Corner of the Original Survey then West with the North boundery of the Same one hundred and Twenty four poles to a white Ash its North West Corner then South Seventeen and two Tenths pole to a Blazed Sugartree and Hackberry North West Corner of Lot No. 4 then East one hundred and Twenty four poles to the Begining
John Davis DS
State of Tennessee }
Davidson County } In Pursuance of an Order of the Worshipfull the Justices of the County Aforesaid at January Term 1813 Appointing us the Subscribers Commissioners to Divide the lands belonging to Thomas Wilks Deceased Among the Several heirs and Claiments of said Decedents said Land Containing by Estimation one hundred Acres and lying on the Western waters of Richland Creek and being first duly Sworn to do Equal Justice Between the said heirs and Claimants Agreeable to Act of Assembly in Such Case made and Provided having Viewed the Premises, We have divided said land into five Equal parts, after having laid off the widows Dower And numbered the Divisions as Appears in the Plan and having drawn lots for the said heirs, Do Report as follows:
First , that the Division No. 1 is the Share or Dividend of Polly Wilks
Secondly, that the Division No. 2 is the Share or Dividend of James Gillam
Thirdly that the Division No. 3 is the Share or Dividend of Albert Wilks
Fourthly that the Division No. 4 is the Share or Dividend of Julia Wilks
Fifthly that the Division No. 5 is the Share or Dividend of Giles page
Sixthly that the Division not Numbered in the Plat of Survey is the dower of Sally Wilks widow of said Decedent, The Butts and bounds of all the said Different Shares or Dividends are truly Designated int he Platt and Certificates of Survey made in our Presents by John Davis deputy Surveyor
Given under our hands and Seals this.
William Gower {Seal}
James Maxwell {Seal}
Tho Dillahunty {Seal}
The Above was Returned into Court April Sessions 1813 and Ordered to be Recorded
Davidson County, TN: County Clerk: Wills Volume: 1-4 Date: 1784-1816, Roll #427: Vol. 4, pg. 232
www.1918copies.com
[Elizabeth Wilkes the daughter of Thomas Burwell Wilkes and Sally Gunn, married on 28 Spe 1809 in Davidson County TN, James Gilliam, the son of Thomas Gilliam, Jr. and Sarah Williamson.]
Will of Nathaniel Gilliam, decd
Recorded Augt 10th 1838
I Nathaniel Gilliam of Davidson County and State of Tennessee being in full life and good health but about to leave the United States of America for the Province of Texas where it is said that war rages and feeling and knowing the uncertainty of life and the dangers to which my life will be exposed wish to dispose of my property in the manner following viz
1st I will and bequeath one half of all the property and effects real or personal that I may die possessed of whether in the United States or elsewhere to my brother Anthony Gilliam.
2nd I will and bequeath the other half of all the property and effects real and personal that I may die possessed of, whether in the United States or elsewhere to my sister Sally Gilliam.
Hereby revoking any and all other will or wills hereto fore made by me.
3rd I will that my said brother Anthony shall have the power of selling all or any part of the property that I may possess in this world at the time of my death so that an equal division may be made between him and my said sister Sally without the aid of the law to effect that object.
4th I will that my said beloved brother and my good friend Harry R. W. Hill be appointed my executors to carry into effect this my last will and testament.
In witness whereof I hereunto set my hand and affixed my seal at Nashville this seventeenth day of February in the year of our Lord one thousand eight hundred and thirty-six
Sig: Nathaniel Gilliam
In presence of Smith Criddle, Thos J. Reed, Robt M. Greene
State of Tennessee Davidson County Court November Term 1831
A paper writing purporting to be the last Will and Testament of Nathaniel Gilliam deceased was produced in court for probate and prove thus
Henry Hagan, and Thomas H. Fletcher bring first sworn depon and say that they are acquainted with the hand writing of Thomas J. Read one of the subscribing witnesses to said paper writing having often seen him write and that they verily believe the signature thereto as such witness purporting to be his genuine signature and that he is not an inhabitant of this state and Smith Criddle another subscribing witness to said paper writing being first sworn by Elihu S. Hall, Esquire, chairman of the court disposes ad says that the body of said paper writing was formed by himself at his office on the day of its date by request of the said Nathaniel Gilliam (who was on the eve of departure for Texaz [sic]) that it was signed by said Gilliam in his presence and witnessed by him at said Gilliam’s request and that said Gilliam was of sound and disposing mind and memory being of perfect health.
Ordered that said paper writing be admitted to record as such Will of the said Nathaniel Gilliam decd.
[Nathaniel Gilliam in preparing to “leave the United States of America for the Province of Texas where it is said that war rages” bequeathed his estate to his brother, Anthony Gilliam, and his sister, Sally Gilliam. Nathaniel was the son of Thomas Gilliam, Jr., and Sally Williamson, his wife, of Albemarle Parish, Surry County, VA]
Susan Gilliam decd, Her Will
In the name of God Amen! I Susan Gilliam of Davidson county in the state of Tennessee considering the uncertainty of this mortal life and being of sound and perfect mind and memory do make and publish this my last Will and Testament in manner and form following that is to say
I give and devise unto my sister Sally all my right, title and interest, in etc to the tract or parcel of land whereon I now live lying an being on the waters of Trace Creek in the county sand state aforesaid containing one hundred acres
And I give and bequeath unto the said Sally all my right and title to a number of slaves more ore less bequeathed by legacy to me by my aunt Molly Tucker of Dinwiddie County, state of Virginia.
And I also give and bequeath unto the said Sally all my goods and chattels and all property whatsoever I have or may die possessed of.
And lastly I do hereby constitute and appoint my dear sister Sally to be sole executrix of this my last will and testament revoking and annulling all former wills by me hereto fore made, ratifying and confirming this and none other to be my last Will and Testament.
In testimony whereof I have hereunto set my hand and affixed my seal this twenty fourth day of January in the year of our Lord one thousand eight hundred and twenty one.
Sig: Susanna Gilliam
Signed, sealed published and declared by Susan Gilliam the above named testatrix and for her last Will and Testament in the presence of us who in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereto.
Wit: Leven Edney, John W. Allen, B. Russell Howland, Nathaniel Gilliam
State of Tennessee Davidson County, Court, July Session 1828
The last Will and Testament of Susanna Gilliam, decd being exhibited in court for probate was proven thus: Nathaniel Gilliam and Leven Edney the subscribing witnesses being duly sworn say they became such in the presence of the decedent and at their request and that they believe she was in her right mind at the time of executing the same ordered that said Will and probate be recorded at length.
Tennessee, Probate Court Books, 1795-1927, Davidson Wills, 1826-1832, Vol. 09 Image 136 of 345, pages 218-219
Franklin County
Will of Thomas GILLIAM
9 Oct 1822
I, Thomas GILLIAM of Franklin County in the State of Tennessee being of body but of sound mind and disposing memory do make constitute and ordain this my Last Will and Testament revoking and disannulling all others that is to say.
1st I do constitute and appoint Brother Lemuel GILLIAM my Executor to this my Last Will and Testament.
2ly I will and bequeathed after the payment of all my just debts to my dearly beloved wife Elizabeth GILLIAM a certain small mare and saddle forever also as much of the live stock household furniture and crop as may be deemed sufficient by my Executors for the support of the said Elizabeth and her orphan children Lemuel GILLIAM, John GILLIAM, Sarah GILLIAM, Andrew GILLIAM, William GILLIAM, Plesant GILLIAM and Polly GILLIAM. The remained of the personal property consisting of corn and one set of Joiners tools and a set of Tuners Tools and other articles that are not required for the immediate use of the family, I wish to be sold with the least possible delay and the money there from put to interest which interest I wish to be appropriated to the use of said Elizabeth and the above named children. The principal I wish to be divided among the above named children.
3ly It is my desire that the said Elizabeth shall have the tract of land that I purchased of Col. Williams Martin adjoining at George Allen Brooks [sic BROCK] tract of land lying on upper Beans Creek during her natural life or widowed at her death. I wish the land sold for cash and equally divided among surviving children. I have about two hundred Dollars in notes and accounts that are due I wish them collected and invested in the same manner as the money hereto fore specified.
In testimony whereof I have hereunto set my hand and affixed my seal in the presence of the subscribing witnesses this 9th day of October AD 1822.
Sig: Thomas GILLIAM (Seal).
Attest: John GILLIAM, Jurat; T. Peoples, Jurat.
[Thomas appears to be the son of John GILLIAM and his wife Mary]
Franklin County, TN, Will Book 1, 1808- 1847, page 48
Will of John GILLIAM
17 Aug 1825
In the name of God Amen I John GILLIAM of the State of Tennessee and County of Franklin being in low health but in perfect sense and memory. Thanks be to God for his mercies and calling to mind the mortality of my body and knowing it is appointed for all men once to die do make and ordain this my last will and testament in the manner and form following (viz)
I leave my Soul to Almighty God that gave it hoping through the merits of my Blessed Savior to Inherit everlasting life and my body to be buried in a decent manner at the discretion of my Executors hereafter mentioned and as to all my worldly goods that it has pleased God to give me I leave in the manner and form following.
My will is that all my just debts be paid and satisfied and then I give to my son John three hundred dollars to be raised out of my estate
and then I give to my son Hinchea my negro man David and also Joel
and then I give to the heirs of Thomas GILLIAM three acres of land around their house as he chooses and my boy Reason equally divided
and then I give to my son Lemuel my negro boy Wily
and then I give to Nancy Turney and the heir of her body my girl Isbel
and I give to Polly Turney and the heirs of her body my negro girl Rachel
and then I give to Frances De Loach and the heirs of her body Luck and Stephen
and then I give to Avery Snider fifty dollars to be raised out of my estate
and then I give to the heirs of Temperance Clepper my negroes John sometimes called Onck
and I also farther give my son Lemuel my negro girl Caty and her child now at the breast and notes their worth six hundred Dollars and Lemuel must pay each of the heirs an equal part of said six hundred Dollars retaining his own part John GILLIAM and Avery Snider excepted
and then I give to my son Hinchey my negro Boy Bill at six hundred Dollars which must be divided among the heirs as equally as above stated John and Caty excepted and then my desire is that all my land except three acres around the house of Elizabeth GILLIAM horses, cattle, stock of all kind and household furniture and farming tools be sold at public auction and such money equally divided among the above named Hinchea and the heirs of Thos. GILLIAM, Lemuel, Nancy and Polly Turney heirs, Frances De Loach and her heirs, Temperance Clepper and her heirs and
I do hereby constitute and appoint my son Lemuel GILLIAM and Jacob Turney Executors of this my last will and testament revoking disavowing all wills by me heretofore made, allowing ratifying and confirming this to be my Last Will and testament.
Sig: John GILLIAM (Seal)
Signed sealed and pronounced in presence of
John A. Johnson
Barrett Forsythe
George A. Brock
I John GILLIAM yet surviving and being in perfect mind and memory it is my will that this codicil be affixed to my former will(viz) that twenty five yards square be laid off and reserved for a burying yard on the tract of Land heretofore disposed of by me in my former will to be laid off near a walnut tree including Thomas GILLIAM's grave This codicil acknowledged signed and sealed in the presence of us the 17th day of Aug 1825.
Sig: John GILLIAM (Seal)
John A. Johnson
Barrett Forsythe
G.A. Brock
Franklin County, TN, Will Book 1, 1808- 1847, page 58-59
Will of William GILLIAM
20 Mar 1864
Wife: Susan
Sig: William GILLIAM
Wit: G. W. Brannan, J. K. Long, Jackson Hill
Rec: Feb Term 1869
Hawkins County, TN
27 Dec 1841
Will of John Vaughan
I John Vaughan of the County of Hawkins and State of Tennessee, do make this my last Will and Testament, herby revoking and making void all former wills by me heretofore made.
First. My will and desire is that all my just debts be paid out of any money that I may die possessed of, or that mya first come into the hands of my Executor.
Second. My will and desire is that my son George Washington for and in consideration of the bequests hereinafter made to him to keep and
support my wife Nancy Vaughan during her natural life.
Third. I do give and bequest unto my sons Samuel N. Vaughan and Benjamin Vaughan during their natural lives and then to their lawful heirs forever, all my lands on the north side of Clinch Mountain, it being about one hundred and ten acres. One the south side of the Copper Ridge whereon the said Samuel N. Vaughan now lives, to be equally divided between them, according to quality.
Fourth. I do will and direct that the above named Samuel N. Vaughan and Benjamin Vaughan for, and in consideration fo the above bequest, shall within Twelve months after my death jointly pay unto my son John Vaughan one hundred dollars.
Fifth. I do give and bequeath unto my son George Washington Vaughan all my land whereon I now live and joining it, being about one hundred and seventy acres, together with all my personal estate that I may die possessed of or entitled to, and all moneys and debts due me except so much as may be necessary to supply the bequests made in this will in money.
Sixth. Whereas, my sons Beverly Vaughan and James L. Vaughn has [sic] gone to parts unknown, if they should return within two years after my death, I do give and bequeath to them one dollar each.
Seventh. I do give and bequeath unto the heirs of my daughter Mahala Dickerd one dollar.
Eighth. I do give and bequeath unto my daughter Mary Gilliam one dollar.
Ninth. I do give and bequeath unto my daughter Rebecca Rollen one dollar.
Tenth. I do give and bequeath unto my daughter Nancy Hickman one dollar.
Eleventh. I do give and bequeath unto my daughter Martha Davis one dollar.
And for the performance and Execution of this my last will I do appoint Robert W. Kinkead my Executor. I [sic] testimony whereof I have hereunto set my hand and seal This 27th day of December 1841.
Sig: John [his X mark] Vaughan
The prescence of his William Carmack, James T. Brice, William E. Carmack
[Mary, the daughter of John Vaughan, married John Gilliam, below]
Will of John GILLIAM
3 Aug 1869
The Last Will and Testament of John GILLIAM, deceased, filed and proven the 2nd day of June 1873.
I John GILLIAM of the County of Hawkins, State of Tennessee, being of sound and disposing mind and of good memory, being somewhat advanced in years and considering the uncertainty of life and the certainty of death to all, do make and constitute this to be my last will and testament hereby revoking all others by me heretofore at anytime made.
First - It is my will and desire that my funeral expenses and all my just debts, which I may owe at my death shall be paid out of the money or monies on hand or which shall come into the hands of my executor or executors.
Secondly - To my son John A. GILLIAM, I give and bequeath the following described tract of land upon the following conditions hereinafter mentioned - Beginning at the Fisher’s Creek Church and running up the branch known as the William H. Johnson branch to the John A. GILLIAM stable thus leaving the said branch running nearly a due east course to a conditional line between my land and Cornelius Gross land then along said conditional to a corner designated as the Stephen Johnson corner, thence 20 poles with the Johnson line to a stake on said line then one hundred and odd poles down Chesnut Ridge on the south side of Fisher’s Creek thence down said creek to the beginning at the aforesaid Church, being the parcel of land whereon the said John A. GILLIAM now lives -
Thirdly - To my son Benjamin C. GILLIAM I give and bequeath the following described parcel of land, subject to the conditions being after mentioned, beginning on the bank of the creek near the house wherein Jack Clifton now lives , thence up Fishers Creek to the aforesaid church or meeting house, thence up the W. H. Johnson branch to the aforesaid John A. GILLIAM stable, thence along the John A. GILLIAM line hereinbefore mentioned to the said conditional line between me and Gross - thence running across the valley a southerly course to top of the knob or ridge back of my place between me and Gross thence along the top of the ridge or knob calling for T B Johnson line to the beginning being the parcel of land whereon I now live and containing the principle improvements on my land in the way of livery stables, barns etc.
Fourthly - Beginning on the back of Fisher’s Creek near Jack Clifton’s house, I give and bequeath the following parcel of land to my daughter Susan GILLIAM, thence with said creek up to the Wooten branch thence up the said Wooten branch to the old Wooten house thence leaving Wooten branch a straight course nearly due south to the upper corner of Wooten tract at the top of a ridge, thus with the line of the Wooten tract and the ___ tract to a bush corner marked J. G. thence with lines of a 20 acre entry containing the said twenty acres to a stake on William Lane’s line, thence to buckeye corner a line then running round with my line to the beginning of said lot on Fisher Creek bank subject to the conditions hereinafter mentioned.
Item Fifthly - To James GILLIAM I give and bequeath subject to the stipulations hereinafter mentioned the following described lot or parcel of land to wit. Beginning at the mouth of the Wooten Branch thence up Fisher Creek to my back line (on this side) not far from S___ Creech house, thence along said back line up the point of Chesnut ridge, an easterly course to a corner called ___ as the Rutledge corner, thence with the line of the Rutledge entry 20 or 25 poles to a stake on B___ Ross line thence with said Ross line around to the Wooten Branch, thence with said branch to its mouth the beginning of said lot or parcel.
Sixthly - To my son William GILLIAM, in addition to what he has already received by gift from me. I give two notes which I have on him, one for one hundred dollars dated on ___ 1858 and the other given in ___ 1858 and the only notes I have against him.
Seventhly - To my grand daughter Mary Katharine Fletcher, daughter of my daughter, Nancy Ann (who is dead), I give and bequeath the sum of one dollar to be paid by my executors out of my estate after my death, this being the amount I desire for the said Mary Katharine, in addition to what I gave her Mother.
Eighthly - To my grand son Isaac S. G. Johnson, son of my daughter, Sally (who is dead) I give and bequeath the sum of one dollar to be paid by my executors out of my estate after my death this being the amount this being the amount I desire for the said Isaac S. G. Johnson, in addition to what I gave his Mother.
Ninthly - To my son James GILLIAM in addition to what he has already received, I give the sum of two hundred dollars to paid out of my estate after my death.
Tenthly - To my son Hinchea GILLIAM in addition to what he has already received, I give the sum of one hundred twenty five dollars to be paid out of my estate after my death.
Item 11 - To my son Samuel GILLIAM in addition to what he has already received, I give and bequeath the sum of one hundred twenty five dollars to be paid after my death.
Item 12 - I hold two promissory notes on my son John A. GILLIAM for the sum of two (250) two hundred and fifty dollars each are due at six and the other at twelve months which if not paid off by the said John A. GILLIAM before my death I desire to be collected off him and to be appropriated in the discharge of my debts first and then in the payments of the different legacies bequeathed by me in this last will and testament.
Item - I hold two promissory notes on my son Benjamin C. GILLIAM for the sum of two (200) hundred dollars each are due at six and the other at twelve months which if not paid off by him the said Benjamin C. GILLIAM before my deaths, I desire to be collected off him to be discharged in the payment first of my debts and then in the discharge of the different legacies bequeathed in this testament.
Item - It is my will and desire that the lot or parcel of land bequeathed to my daughter Susan shall have the use of the timber off twenty five acres from the lower or west end of the lot bequeathed to my said son Benjamin C.
Item - It is my will and desire that the lot of land given to my said son Benjamin C. shall support my beloved wife Mary should she survive me, also that she shall have the control of the dwelling house, the stable, barns, and all the other out houses or so much room in the outer buildings including the stables as my be sufficient for the use and convenience of stabling all the stock she may keep for her allotted use and necessities for housing, cribbing all the roughage and grain she may raise or have raised on the farm, should she and the said Benjamin C. at any time disagree it is my will and desire that my said wife Mary shall have all the household and kitchen furniture and where so ever permitting the Statute laws of the State of Tennessee shall allow her at the time of my death for her decent and comfortable support maintenance. This bequest to be outside of the notes and other evidences of debt that I may die seized and possessed of. It is my desire furthermore that should my said wife Mary choose to live with any of my other children away from the homestead thence she shall have a support during her natural life and of the profits coming from the parcel of land bequeathed to Benjamin GILLIAM has in this will, she shall not have the management or control of any part of the said lot of land or of the house or any of the out buildings thereon.
Item - The lot I have bequeathed to my daughter Susan GILLIAM, I hereby tax with the sum of two hundred dollars which if not paid by her the said Susan to me before my death and receipted for by me shall be collected by my executors off her and the said land is bound for the payment of the said two hundred dollars.
Item - James GILLIAM in view of the bequest in Item Fifthly is taxed four hundred dollars to be paid to my executors if not paid before my death and receipted for by me and the said land is here bound for the said sum.
Item - I hold the lots of my two sons John A. and Benjamin C. bound for the same taxes therein and for which they have this day executed to me this promissory note, each of them executing a note payable at six months and each of them executing a note payable at twelve months both of John’s being for the sum of two hundred and fifty dollars, the two making five hundred and drawing interest from the time of them falling due respectively both of Benjamin Cs notes are for the sum of two hundred dollars making a four hundred dollars, each drawing interest from the time of them falling due.
Item - I hereby constitute and appoint my two sons, James and Hinchea GILLIAM the executors of this my last will and testament.
Item - It is my will and desire and I so bequeath that after paying off my funeral expenses and discharging all my just debts and liquidating the bequests hereinbefore mentioned I want all my effects to be divided equally between my children now to be designated, to wit: James GILLIAM, Hinchea GILLIAM, Samuel GILLIAM, John A. GILLIAM, Benjamin C. GILLIAM and Susan GILLIAM (erasures before signing).
In testimony whereof I set my hand and seal this third day of August, in the Year of our Lord One Thousand Eight Hundred and Sixty Nine (1869 AD) in the presence of the subscribing witnesses.
Sig: John GILLIAM (Seal)
Attest: Stephen Creech, Thomas W. Bradshaw, W. H. Watterson
Rec: 2 Jun 1873
Will Book II, Page 118, Hawkins County, TN
Knox County, TN
Will of Thomas GILLIAM
Winiford GILLIAM appointed administrator
Rec: Nov Session of 1793
County Court, Settlements and Wills, Volume 0-3, Volume 1, July 1792-October 1811, page 11, 13
Thomas GILLIAM, dec'd Inventory
Appraisers: Stephen Renfro and Wm. Copelin
[Thomas GILLIAM was the son of William GILLIAM and Mary Jarratt]
Will of Devereaux GILLIAM
2 May 1809
October Sessions 1809
The last Will and Testament of Devereaux Gilliam deceased was produce to Court for probate whereupon James White Junior and Joseph Hepenstall two of the subscribing witnesses thereto made oath that they saw the said Devereaux Gilliam sign & seal and they heard him publish and declare the same to be his last Will and Testament, that at the time of publishing the same the said Devereaux was of sound and perfect mind and memory tot he best of their knowledge and belief, and that they saw Alice Callen sign her name as a Concurring evidence thereto, which Will was admitted to record and is in the following words, to wit.
In the name of God Amen. I Devereaux Gilliam being very low and sick in body but in perfect sense, and memory I give and bequeath my body to the earth from whence it came and I give my soul and spirit to him who hath redeemed me. I give all my present and personal and whole estate to my beloved wife, Ede Gilliam to do as she sees cares to dispose of hereafter I do sign it as my last Will and Testament.
Sig: Devereaux Gilliam, May 2nd 1809
I do appoint Thomas Herman and Alex Ramsey and, Ede Gilliam my Executors
Wit: Joseph Hippenstall, Alice Callen, James White
Rec: October 1809
County Court, Settlements and Wills, Volume 0-3, Volume 1, October Session, 1809, page 305
Will of Devereaux Gilliam, Knox County: Roll #155: Vol. 1: Estates: Date: July 1792-Oct 1811: Tennessee State Library and Archives, Page 305 [transcribed by 1918copies.com]
[Devereaux GILLIAM was the son of William GILLIAM and Mary Jarratt]
Will of Spencer GILLIAM
6 Mar 1808
The last Will and Testament of Spencer Gilliam deceased was produced to Court for probate whereupon, Bazel Human and J. Wunderhill two of the subscribing witnesses thereto made oath that the saw the said Spencer Gilliam sign, seal, and that they heard him publish and declare the same to be his last Will and Testament that at the time of publishing the same he was of sound and perfect mind and memory to the best of their knowledge and beliefs, and that they saw James Galloway make his mar as a concurring evidence thereto, which Will is admitted to Record and is in these words to wit “Whereas I Spencer Gilliam of the County of Knox and State of Tennessee being very sick in body, but of perfect mind & memory and knowing that it is appointed for all men once to die, do make and ordain this to be my last Will and Testament, and first of all I recommend my soul to God, into the hand of Almighty God who gave it and my body to be buried in a decent Christian burial, and as touching such worldly affairs as it has pleased God to bless me with, I give and bequeath in the following manner & form,
firstly I give and bequeath to my well beloved wife Jemima Gilliam, my whole estate, real, or personal, that is my land, live stock, household furniture and so forth for her use in raising my Children for her truly to enjoy during her widowhood afterwards or so soon as she marries, I will my estate before mentioned to be sold and equally divided among my four Children, Viz, Anne, Winney, Polly and Elizabeth Gilliam
Secondly I hereby appoint my well beloved friends Hugh Maxwell, and Solomon George, both of the County and State aforesaid, to be my lawful Executors,
In witness whereof I have hereunto set my hand and affixed my seal this sixth day of the third month, in the year of our lord one thousand eight hundred and eight,
Sig: Spencer Gilliam {Seal}
signed sealed published and pronounced to be my last Will and Testament in the presence of us.
Wit: Bazel Human, James [his X mark] Galloway, J. Wunderhill
Knox County: Roll #155: Vol. 1: Estates: Date: July 1792-Oct 1811: Tennessee State Library and Archives, Page 324 [Transcribed by 1918copies.com]
County Court, Settlements and Wills, Volume 0-3, Volume 1, October Session 1810, page 324
[Spencer GILLIAM was the son of Thomas GILLIAM, above and a grandson of William GILLIAM and Mary Jarratt]
Sale of Estate of Spencer GILLIAM, dec'd
Rec: Oct 1811
Appraisers: Hugh Maxwell and Solomon George
October 1811, page 378
Maury County, TN
25 Jul 1840
Will of Jacob Gillham
In the name of God, Amen - I, Jacob Gillham, of the county of Maury and state of Tennessee, becoming frail in body but of sound mind and disposing memory do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made.
First, I direct that my funeral and burial expenses be paid as soon after my death as possible. I first will and bequeath unto my beloved wife, Mary, all the plantation on which I now live to have the use and control of the same during her lifetime for the benefit of her and my two children now living with us and at her death I will and bequeath unto my son, Isaac Addison Gillham, all the said plantation and tract of land on which I live except that portion lying south of a portion or division fence running nearly east and west through my plantation running quite across my whole tract on a line with said fence, which portion I will and bequeath to my daughter Martha Ann Gillham, but if either of my said children, Isaac Addison or Martha Ann Gillham should die without heir the other to have the whole of said tract of land. I also will and bequeath to my beloved wife, Mary, all my horses, cows, sheep and hogs except two colts I have given to my said two children, Isaac Addison and Martha Ann Gillham to be by her managed as she may see proper for the benefit of her and my said two children. I will unto her all my crops of corn, wheat, fodder and oats and crops of all kinds and all my household and kitchen furniture of every description and all my farming tools and utensils and wagons to be used by her and managed as she pleases to dispose of them after death as she may see proper.
I will and bequeath unto my sons, Ezekiel, James, Thomas, John and to the heirs of Jacob, if any, and to my daughters, Jane, Sarah, Mary, and Margaret the sum of two dollars each to be paid by my wife, Mary and my son, Isaac Addison, within twelve months after my death. I also wish all my just debts paid as soon as possible after my death by my said wife and son out of any money that I may die in possession of or that may be due me if enough if not out of any of my effects that they may sell proper to apply in that way. I do hereby nominate and appoint my beloved wife, Mary, and my son, Isaac Addison, My executors to execute this, my last will and testament in witness whereof I do to this my last will and testament set my hand and seal this 25th day of July in the year of our Lord one thousand eight hundred and forty.
Sig: Jacob Gillham (Seal)
Signed, sealed and acknowledged in our presence and we have subscribed our names hereto in the presence of the testator this 25th day of July,1840.
William W. Coleman
Edward McFadden
Probate in Maury County Court at the October term. His widow, Mary, was named as Executrix, with his son, Isaac.
Will Book Z, Page 23
Court Minute Book 8, Pages 3, 92
Rutherford County, TN
June 1808
Will of Harrison GILLIAM
In the name of God, Amen. I, Harrison GILLIAM, of Rutherford County and State of Tennessee, being weak in body, but in sound mind, do make and ordain this my last will and testament in manner and form following, to wit:
First my desire is that my just debts should be paid out of my estate, and in the 2nd place my desire is that my Negro man, Anthony, should be free after my decease, provided my estate should be sufficient to pay my just debts, and thirdly, my desire is that as the balance of my estate that might remain should be equally divided between all my brother Thomas GILLIAM’s children and lastly, I hereby constitute and appoint William A. Sublett and William Thweatt to execute this my last will and testament. In witness hereof, I have hereunto set my hand and affixed my seal this tenth day of June 1808.
Sig: Harrison GILLIAM.
Wit: Rhoda Benge, Polly Thweatt, Elizabeth Thweatt, Mary Tarpley
State of Tennessee, Rutherford County Court, July Term 1808
The above will being contested, was found by a verdict of a jury at the above term to be the last will & testament of the said Harrison GILLIAM, deceased, & as such is ordered to be admitted to record.
Joseph Herndon, Clk
Last Will and Testament of Frances M. Molloy
7 Apr 1854
I Fanny M. Molloy of the County of Rutherford and State of Tennessee do make, publish and declare this to be my last Will and Testament, hereby revoking all former Wills by me made: that is say: . . .
Seventh I give and bequeath to my Grandsons Sanford and William GILLIAM the only surviving children of my daughter Martha GILLIAM deceased one other fifth part of my said estate, to them and their heirs forever . . .
Likewise I make, constitute and appoint my said sons John and David B. Molloy to be executors of this my Last Will and Testament.
In witness whereof, I have hereunto subscribed my name and affixed my seal the 7th day of April in the year of our Lord one thousand eight hundred and fifth four.
Sig: Fanny M. Molloy
The above written instrument was subscribed by the said Fanny M. Molloy in our presence and acknowledged by her to each of us’ and she at the same time published and declared the above instrument so subscribed to be her last will and testament and we at the testatrix’s request and in her presence have signed our names as witnesses hereto:
Wit: C. M. Brooks, Saml Campbell, Jurat
State of Tennessee, Rutherford County Court October Term 1855.
The execution in open court at the above mentioned term of the foregoing last will and testament of Fanny M. Molloy deceased was duly proven by the oaths of C. M. Brooks and Saml Campbell subscribing witnesses thereto and was ordered to be recorded,
John Woods, CC.
[Frances Martin Gannaway, daughter of John Gannaway and Martha Woodson, his wife, married GILLIAM Molloy, who appears to be the son of David Molloy and Rhoda GILLIAM, his wife. Frances' daughter, Martha Woodson Molloy married William GILLIAM. Her grandsons, Sanford and William, the children of William, are mentioned in her Will.]
Smith County, TN
Will of John B. Gilliam
In the name of God Amen: I John B. Gilliam of Smith County State of Tennessee, Calling to mind the uncertainty of human life and Knowing that it is lot of all living once to die and thanks be to God I am at present health and distored memory touching worldly state that it has pleased God to bless me with.
Item. I give to my loving wife Jane Gilliam all my worldly estate in the western state to wit, Negro wench Jude Joice and Cooper and my Cabinet tools with all household & kitchen furniture - also I will negro gale Sinny which is now at my mothers in Campbell County in Virginia to my brother Jarrat Gilliam
Sig: John B. Gilliam {seal}
Test. Wm Turnbul, Samuel Anthony
August 15th 1811
State of Tennessee
Sumner County Court November Term 1814
The last will and Testament of John B. Gilliam was exhibited in Court for probate–and thereupon the said will is duly proved by the oaths of William Turnbull and Samuel Anthony, subscribing witnesses thereto; and there being no Executor named in said will–on motion it is ordered by the Court that letters of administration with said will annexed to granted and delivered to Jane Gilliam Widow & Relict of said deceased and thereupon the said Jane Gilliam with Samuel Anthony her Security entered into and acknowledged their bond to the Governor in the penalty of five hundred dollars conditioned as the law directs.
Sumner County: Roll# 91 Probate Records (County or Chancery Court) Wills: Vol.: 1-5 Jul 1789-Jul 1904 Tennessee State Library and Archives, Vol. 1: Page 200. [Transcribed by 1918copies.com].
[John B. Gilliam is the son of Charles Gilliam and Elizabeth Patterson, and grandson of William Gilliam and Mary Jarratt. John married Jane Anthony daughter of Joseph Anthony. It should be noted that John that he was “of Smith County,” yet will was recorded in Sumner County.]
Sumner County, TN
Will of James GILLIAM
11 Feb 1821
In the name of God: I, James GILLIAM, of the County of Sumner and State of Tennessee, do make this my last will and testament of the property which it hath pleased God to bless me with. I do make the following distribution amongst my dear wife, Frances, and my children.
I have given to my children as follows:
To my son, John H. GILLIAM, Louisa, Milly's daughter
To my son, James GILLIAM, Susannah, Dapny's youngest daughter
To my daughter, Sarah Hawkins, Dapny, Biddy's daughter
To my daughter, Polly Webb, Polly, Milly's daughter
To my daughter, Martha Harris, Maria, Biddy's daughter
To my son, Charles H. Gilliam, Sam, Inez's son
To my son, Taylor G. GILLIAM, Henry, Janey's son
To my daughter, Nancy H. GILLIAM, Biddy, Biddy's daughter
To my son, Stephen R. GILLIAM, Suchy, Janey's daughter
To my daughter, Susannah Woodson's two sons, James and Richard Woodson, Abraham, Biddy's son
To my daughter, Frances Patterson's children, Betsy, Biddy's daughter.
The above mentioned Abraham and Betsy, my wife is to keep during her life.
The above mentioned Negroes to said children I give to them and the lawful issue of their body forever.
In the following manner it is my will and desire, not mentioning particulars, for my dear wife, Frances, to have and enjoy the whole of my property that remains without any interruption whatsoever during her natural life, and at her death, to be equally divided between my children aforementioned to be for them and the lawful heirs of their body forever.
NB: That Susannah Woodson’s children is to have a child's part divided between them and likewise Frances Patterson's children, a child's part divided between.
I do constitute and appoint my wife, Frances, Executrix, and my son, Charles H. GILLIAM, Executor, to this my last will.
In Testimony whereof, I, James GILLIAM, have hereto set my hand and seal, this 11th day of February 1821.
Sig: James Gilliam
Signed, sealed and
delivered in the presence of
Wit: John M. Rice, William Bratton, William Bush
State of Tennessee
Sumner County Court August Term 1821
The last will and Testament of James Gilliam, dec'd, was produced in open court for probate and __________ up on the same was proven in due form by the oaths of John M. Rice and William Bratton, subscribing witnesses thereto and on motion ordered to be recorded.
Whereupon Frances Gilliam and Charles H. Gilliam, Executrix and Executor, named in said will qualified as such by taking the oath prescribed by law, and together with Richard Baskerville and Thomas Meador, their securities, entered into and acknowledged this bond to the Governor in the penalty of Twelve Thousand Dollars conditioned as the law directs.
Sumner County, TN,Will Book ___, page 335
Williamson County, TN
Will of Anthony GILLIAM
3 August 1850
. . . "servants, Ned, Henry, Nancy, Dica, Araminta, Charlotte, Ann, Susan, Little Nancy, and Amanda. . . have one good suit of plain substantial clothing each, in addition to what they may chance after my decease. . . they shall receive their freedom and be sent to a free state. . . each of them shall have twenty-five dollars in cash. . . my old servant woman, Zilla, to be free" and maintained out of his estate.
The residue of the estate to be sold and "placed at interest" to be used to fund the education and maintenance of poor children. . . " of good moral and good natural intellectual faculties and endowments and that promise to make useful citizens and distinguished members in society."
Rec: 18 Oct 1851
Sources
- County Court, Settlements and Wills, Volume 0-3, Volume 1, October Session, 1809, page 305
- Ingmire, Frances Terry. Franklin County Tennessee Abstracted Wills, 1808-1875, 1984.
- Will of Devereaux Gilliam, Knox County: Roll #155: Vol. 1: Estates: Date: July 1792-Oct 1811: Tennessee State Library and Archives, Page 305 [transcribed by 1918copies.com]