Last Will and Testament of
I, Joseph Tucker of the county of Giles and state of Tennessee do make and publish this as my last will and testament hereby revoking and making void all other wills by me heretofore at anytime made.
Item 1st - It is my will and desire that my just debts be paid out of my money on hand or out of the first cash means that might come into the hands of my executor.
Item 2nd - It is my desire that all my children may be made equal in my estate and for that purpose I direct that those who have heretofore received anything from my estate, as from me, shall account therefore and be charged therewith before they receive anything more from my estate, and to be more specific I have loaned to my daughter Virginia Adeline Pitts a negro girl named Paralie and to my son Hardaway a negro boy named Dallas and to my son Wingfield a negro boy named Albert and to my daughter Mary Jane Bennett a negro girl named Susanah. These children must either account for and me charged with these slaves respectfully at their cash value at the date of division of my estate, as that much of their respective shares, or they must surrender them into my estate as a part thereof, for general division. The other property that any of them may have received will be accounted for at its value when received. After this is done, it is my will and desire that my whole estate, real and personal, of whatever considering, or wherever situated, shall be divided among my eight children to wit: Hardaway Tucker, Winfield Tucker, Virginia Adaline Pitts, wife of Henry Pitts, Andrew Jackson Tucker, Samuel Houston Tucker, Thomas Benton Tucker, Robert Hartwell Tucker, and Mary Jane Bennett, wife of James H. Bennett, so that each one, with what he or she has already received, shall have an equal share in my estate.
Item 3rd - It is my will and desire that the property given to my daughter Virginia Adeline as well as the slave in her possession, if she elects to remain, shall be held by her for and during the term of her natural life, for her sole and separate use and benefit, free from all debts, contracts, and liabilities of her present or any future husband and free from his control and management, and at her death to be equally divided among her children then living and the issue of such as may be dead, the latter taking the share of the deceased parent. But if she should die, leaving no children or descendents of such, then said property to be divided among her brothers and sisters or their lawful heirs. And the property hereby given to my daughter Mary Jane Bennett as well as the slave now in her possession, if she elects to take it, I do settle in the same way subject to like provisions as those imposed on the property given to my other daughter Virginia Adeline Pitts so for only as to create a separate estate from the contracts or debts of her husband, but no further as otherwise and the same shall be at all times subject to the control and management of her husband.
Lastly, I do hereby nominate and appoint no one as my executor to this my last will and testament.
Given under my hand and seal this the 27th day of February 1861.
Signed, sealed and published
In our presence and we have
John C. Brown
Submitted by: Charles Gardner