WILL OF THOMAS GOFF

JULY 7, 1851

August Term Court 1851

A Written Will and Testament

I Thomas Goff do make and publish this as 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 expenses and all my debts be paid as soon after my death as possible out of any moneys that I may die possessed or may come into the hands of my executors.

Secondly I will Alletha F. Tarkington Eight hundred dollars which she has received and an equal part of what is remaining after each receives the amount which she has received.

Thirdly I will Mary H. Tarkington Eight hundred dollars which she has also received and an equal part of what is remaining after each is made equal or receives as much as she has.

Fourthly I will Lucinda A. Garland's heirs one thousand and fifty dollars which Lucinda has received.

Fifthly I will Elizabeth Rutledge's heirs Eight hundred dollars which she has received and an equal part of what remains after each receives as much as she has received.

Sixth I will George T. Goff Three hundred dollars which he has received and a negro boy Bristo, and if Bristo on valuation with the Three hundred dollars amounts to more than an equal part George is to pay it back to the other heirs and if George T. Goff shall die without heirs Bristo is to return to my heirs, also I will George T. Goff a certain note of hand which I held against him which is lost or mislaid and Lucinda A. Garland portion of the dividend.

Seventh I will Ira C. Goff Eight hundred six hundred and forty-six of which he has received and an equal part of what remains after each is made equal.

Eighth I will John C. Goff Eight hundred dollars, six hundred and forty six of which he has received and an equal part of what remains after each is made equal.

Ninth I will Harriet J. Cockburn Eight hundred dollars, five hundred of which she has received and an equal part of what remains after each is made equal.

Tenth I will Daniel A. Goff Eight hundred dollars, five hundred dollars of which he has received and an equal part of what remains after each is made equal.

Eleventh I will Richard B. Goff Eight Hundred dollars in negroes to be valued by Richard Allen and an equal part of what remains after each is made equal.

Twelfth I will Thomas B. Goff Eight hundred dollars in negroes to be valued by Richard Allen and an equal part of what remains after each is made equal.

Thirteenth I will Isabella Cross Eight hundred dollars, five hundred of which she has received, and an equal part of what remains after each is made equal.

Fourteenth I will Leonidas F. Goff Eight hundred dollars in negroes which is to be valued by Richard Allen and an equal part of what remains after each is made equal.

Fifteenth I will Daniel A Goff, Harriet J Cockburn and Isabella Cross the tract of land on which I live containing about fourteen hundred acres also the saw and grist mill which I put at Twenty-eight hundred dollars and they the said Daniel A. Goff, Harriet J. Cockburn and Isabella Cross shall have a credit of one, two, three, four and five years to pay back to the other heirs the amount of sum of money that is required to make each heir equal in all my estate.

Sixteenth I will that all property that I willed to my heirs shall remain with them and their children and at either's death it shall return to my heirs who are living also all property not named in this will shall be sold and the proceeds equally divided among my heirs.

Also, I will that all property of all kinds that goes from me to my daughters shall belong to them during their natural life and at their death it shall go to their bodily heirs if they leave any, and if they die without heirs it shall return to my heirs.

Also, I will Leonidas F. Goff separate and apart a negro boy Felix Houston age four years old last May.

Also all my houshold furniture shall be equally divided between those of my children who have not received beds and furniture.

Last I do hereby nominate and appoint Richard Allen and William Simonton my excutors.

In witness whereof I do to this my will set my hand and seal.

This the 7^th day of July 1851.

Thomal Goff Seal

Signed, sealed and published in our presence and we have subscribed our names hereto in the presence of the Testator this the 7th day of July 1851.

NH Lock
Duncan Buie,
John Buie

To the County Court of the County of Lawrence sitting at the Court house in the town of Lawrenceburg on the first Monday in September 1852.

The petition of Richard W Allen & William Simonton Executors of Thomas Goff deceased, and George T. Goff, G.W. Cockburn and his wife Harriet I., Helen M, William W, Mary J, John J, and Harriet E Rutledge children of Elizabeth M. Rutledge deceased, and who are minors under the age of twenty-one years and file this petition by their Father and next friend J.B. Rutledge all citizens of the County of Giles and State of Tennessee, and John C Goff a citizen of the State of Alabama, Jefferson 0 Tarkington and his wife Allethia, citizens of the County of Hardin, State of Tennessee and Thomas L, C. C., William, Mariania, Lucinda, and Jefferson Garland children of Lucinda A. Garland, and who are minors under age of twenty one years and who file this petition by their next friend the said Richard W Allen, Ira Goff and Daniel A Goff, Ira C Goff, Thomas B Goff, Richard B Goff, Leonadas F. Goff, James W Tarlcington and his wife Mary A., James H Cross and his wife Isabella, all citizens of the said county of Lawrence and state of Tennessee, and the children, grandchildren, heirs at law, and distributies of Thomas Goff deceased

Your petitioners would most respectfully state and show that some time in the year 1851 the said Thomas Goff, their ancestor, died in said County of Lawrence after making and publishing his last will and testament, a copy of which as herewith filed, marked exhibit No. One, and prayed to be taken as part of this petition, which said will has been admitted to probate in said County of Lawrence and said Richard W. Allen, and William Simonton duly qualified as the executors of said Thomas Goff deceased executed bond as required by law and took upon themselves the settlement of the estate of said deceased.

Your petitioners further state that the said deceased at the time of his death was the owner in fee simple of fourteen hundred acres of land lying and being in said County of Lawrence, on the waters of Buffalo River and upon which are situated valuable saw and gist mills, and by said will he directed that three of his heirs should inherit this land and mills, upon paying to his other heirs a sum sufficient to equalize the distribution of his estate and that his Negro property should be divided share and share alike among his grownup children until all should receive the sum of Eight hundred dollars and that one of the Executors your petitioner Richard W. Allen should value said slaves among his said younger children that under said will said Richard W. Allen has valued and distributed a part of the slaves belonging to the estate of said deceased, leaving now only five slaves not yet distributed and that for the purpose of paying the debts of said estate, and for distribution it will be necessary to sell said five slaves.

Your petitioners further state that the perishable property of said estate will not be sufficient to pay off and discharge the bonafide debts of said deceased, and that for the purpose of paying the debts, it will be necessary to sell a Negro woman named Ester and her three children for cash, and that for the purpose of distribution it will be necessary to sell a Negro boy named jack, the only remaining slave belonging to said Estate.

Your petitioners further state that the said Ira C. Goff has sold and transferred his interest in said Estate to your petitioner the said Thomas B Goff, a copy of which conveyance is herewith filed marked exhibit A and prayed to be taken as part of this petition and that your petitioner David A Goff has sold his interest in said fourteen hundred acres of land to your petitioner Richard B Goff a copy of said conveyance is herewith filed and marked exhibit B and prayed to be taken as a part of this petition.

Your petitioners further state that since the death of the said Thomas Goff, that a part of your petitioners have agreed to settle up said estate under an agreement and compromise which is herewith filed marked exhibit No. 2 and prayed to be taken as a part of this petition, and signed by all the heirs at law and distributees of said Thomas Goff deceased, except James W. Tarkington, and wife and Jefferson 0. Tarkington and wife, the said James W. Tarkington and wife taken their interest in said estate under the said will, and the said Allethia having sold her interest in said estate.

Your petitioners further states that Lucinda A Garland, wife of Peter Garland died many years since leaving her children and the grandchildren of said Thomas Goff deceased, entitled to one share distribution of said estate, and that Elizabeth Rutledge also dec'd several years leaving her children entitled to one share in the estate of their grandfather the said Thomas Goff deceased.

Your petitioners, further states that by said agreement exhibit No. 2 all of your petitioners whose names are thereunto signed have agreed to have said fourteen hundred acres of land sold for the purpose carrying out fully the terms and stipulations of said agreement, and for the purpose of making a fair and equitable division of the estate of said Thomas Goff deceased.

The provisions considered your petitioners pray that said fourteen hundred acres of land may be sold on a credit of one, two and three years and the proceeds may be distributed under said agreement exhibit No 2 that the interest of said James W Tarkington and wife in said estate may settled and determined under said will of the said Thomas Goff deceased in the whole

estate both personal and real. That said Negro woman Ester and her three children may be sold for cash and the proceeds thereof be declared assets in the hands of said Richard W. Allen and William Simonton executors of said Thomas Goff deceased for the payment of debts and that they account for any balance after the payments of the debts to the distributees of said Estate and that said Negro boy Jack be sold on such credit as may be thought advisable and the proceeds distributed among your petitioners on the purchases from your petitioners according to law and for such other and further relief as may seem necessary and proper in the promises and as is duty bound they will every pray. CC. R. N. Rose, Solicitor for petitioners.

The slaves were sold. Ester and her three children were bought by John B. Rutledge and Jack was bought by Richard B. Goff.

REPORT OF CLERK ON SALE OF SLAVES

In abeiance to an order of the sale made at the September term 1852 of the county court of Lawrence County directing the clerk to advertise and sell five slaves mentioned in said order the clerk reports that after advertising said five slave as required by said order the clerk sold the same on the 22^nd day of September 1852 at the court house door in Lawrenceburg at public auction and the said Negro woman Ester and her three children were struck off to J. B. Rutledge at the price of Eight hundred dollars the highest bid offered for said Negro woman and her three children which was been paid to me by said purchaser. The said Negro boy Jack sold at the same time and place on a credit of three months and was struck to Richard B. Goff at the price of Eight Hundred and one dollars, the highest bid offered for said boy who executed a note for said sum of eight hundred and one dollars dated September 22nd, 1852 and due at three months with J. B. Rutledge and George L. Goff as his securities in said note.

Submitted September term 1852

Giles M. Meek clerk

and special commissioner.

ORDER TO SELL SLAVES AND LAND

John C. Goff
George J. Goff
Ira C. Goff
Daniel A. Goff
Richard B. Goff
Thomas B. Goff
Leonidas F. Goff
& others

Heirs at law, and distributees of Thomas Goff Deceased. Ex parte petition to sell land and for distribution.

Be it remembered that this cause coming on for hearing this day before the County Court of the County of Lawrence and State of Tennessee, upon the petition of the heirs at law and distributees of Thomas Goff deceased and the agreement of said heirs except James W. Tarkington and wife, which said agreement is on the words and figures following to wit. Insert this agreement and it appearing to the court from said agreement signed by the aforesaid heirs that the have agreed upon a final settlement as to themselves of the estate of said Thomas Goff deceased, and that they have agreed upon the sale of said fourteen hundred acres of land mentioned and discussed in said petition and referred to in the said agreement.

It is therefore ordered and adjudged and decreed by this court that said saw and grist mills be sold on a credit of one two and three years with interest from date after giving notice for twenty days at four or more public places in this said County of Lawrence of the time and place of said sale, that the clerk of this Court be appointed a commission to sell said land and that in making said sale he may divide the said lands in two or more tracts if thought advised by the executor upon the estate of said deceased.

That he be required to take liens with approved security from the purchaser or purchasers and that a lien be retained upon said land until the purchase money is paid. And that said Clerk be required to report at the next on any subsequent terms of this court how he has executed this xx.

It also appearing to the Court that there are now five slaves belonging to said estate that are not distributed and that it would be impractical to divide said five slave among said petitioners in the manner now pointed out by law. It is therefore further ordered adjudged and decreed by the Court that the Clerk of this court upon ten days notice at four or more public places in said County will proceed and sell said five slave mentioned in said petition, on the following terms to wit. Said Negro woman and her three children for cash and said Negro boy Jack on a credit of xx months, That he will take bond and security from the purchaser on said boy Jack and that he report said sales to the next term or some subsequent term of this Court and that all other matters be reserved until the coming xx of said report.

ASSIGNMENT OF TITLE TO NEW SLAVE OWNERS

John C. Goff and others

Ex parte petition to sell slave CC

Be it remembered that This cause coming on for further hearing this day before the County Court of Lawrence County upon the interlocutory order made at the September term of this Court ordering the sale of five slaves and the report of the Clerk thereon, which said report is in the words and figures following to wit.

Which said report being her first seen and no exceptions filed thereto. It is therefore ordered adjudged and decreed by the Court that the same be in all things confirmed. It is further ordered adjudged and decreed by the court that all the right titled interest and claim of the heirs at law and distributees of said Thomas Goff deceased in and to said Negro Woman Ester and her three children be and the same is hereby xx divested out of them and vested in the said J. B. Rutledge and his heirs and assigned forever and that all the rights, titles, interest and claim of said heirs at law and distributee in and to said boy Jack xx and the same is hereby vested in the said Richard B. Goff and his heirs and assignees forever and that the Clerk of this Court executed to said purchases bill so sale for said slaves.

It is further ordered, adjudged and decreed by this court that the Clerk will after the payment of court commissions and attorney's fee pay over to Richard W. Allen and William Simonton the Executor of said Thomas Goff deceased the whole of the balance of the proceeds of the sale of said Negro woman and her three children upon said executors executor's bond and approved security in double the amount of said balance conditioned for the proper application of said sum of money in the payment of the debts of said deceased and a proper application of any balance in their hand after the payments of debts. The Court hereby directs this said Clerk to return said other notes and when collected report the same for further decrees herein.

John C. Goff & others Exparte CC

Decree Oct. 1852.

TERMS OF SALE OF SLAVES

John C. Goff
George J. Goff
& others

heirs at law of Thomas Goff deceased & Richard N. Allen & William Simenton, Executors of said Thomas Goff, Deceased.

Ex partes petition to sell Slaves, CC

Be it remembered that this cause coming on this day before the County Court of said county upon the order of sale made at the last term of this court and the report of the clerk thereof. Which said report is in the records and figures following to Wit.

While said report being here first seen, and no exceptions filed thereto. It is therefore ordered adjudged and decreed by the court that said report be in all things confirmed. It is furthered ordered adjudged and decreed by the court that all the right title interest and claim of the heirs at law and distrubutees of Thomas Goff deceased in and to said Negro woman Ester and here three children be and the same is hereby denoted out of them and vest in the said J. B. Rutledge and his heirs and assignees forever and that the clerk of this court execute to said J. B. Rutledge a bill of sale for said Ester and her three children, That the title to said boy Jack be retained until the payment of the purchase money by said Richard B. Goff.

It is further ordered adjudged and decreed by this court that after retaining the cost and paying attorney's fees, the clerk will pay over to Richard N. Allen and William Simonton executors of said Thomas Goff, deceased the balance of said sum of Eight hundred Dollars upon their executive bond as required by law and that all other motions herein be reserved for further adjudication in this distribution of proceed of the dale of said boy Jack and said real Estate (ensutioned??) in this pleading in this cause.

No

John C. Goff & others

Ex parte CC

Decree Oct. 1852.

RESULTS OF SALE OF LAND

In abeiance to an order of sale made at the September term of this court in the case of John C. Goff & others heirs at law and distributees of Thomas Goff, deceased. Exparte petitions to sell land and fee distribution directing the clerk of this court to advertise and sell certain tracts of land therein mentioned.

The clerk reports that after advertising said land as required by law he proceeded and sold said fourteen hundred acres of land more or less at public auction at the court house doors in the town of Lawrenceburg on the 6th day of November 1852 and a credit of one two and three years with interest from date. And the said tract of land was struck off to R. N. Allen and B. M. Moore at the price of twenty four hundred and seventy one dollars, the highest bid them and there offered for said land who executed then and there notes each for the sum of eight hundred and twenty three dollars and 66 2/3 cents due at one, two and three years with interest from date, and dated November 6th, 1852 with F. C. Allen as these secreted in each of said notes.

Submitted December 1852.

Giles M. Meek Clerk

ORDER FOR LIEN ON SALE OF LAND

John C. Goff & others

Ex parte petition to sell Land

Be it remembered that this cause coming on this day for further hearing before the County Court of the County of Lawrence upon the order directing the sale of said land and the report of the clerk thereon which said report is in the words and figures following to wit

Which said report being here first seen and no exception filed thereto. It is therefore ordered adjudged and decreed by the court that the same be in all things confirmed, It is further ordered and adjudged and decreed by the court that a lien be returned upon said land until the payment of the purchase money and that the clerk report the payment thereof to the court, and that all questions not heretofore expunged settled in the former decrees herein be reserved for further decrees and all questions as to the distribution of the proceeds of the said land be reserved until said notes are paid by said purchaser.

COURT ORDER TO ACCOUNT FOR ALL MONEY

Known all men by these presents that xx W. N. Allen, William Simonton and R. N. Rose are held and firmly bound unto Giles M. Meek, Clerk of the County Court of the County of Lawrence in the Sum of One hundred and fifty seven dollars and 39 cents, for the payment whereof we hereby bind ourselves and each of our heirs and personal representatives jointly and severally as witness our hand and seal this the 24th day of April 1855.

The condition of the above obligation is such that whereas heretofore by and order of the county court of the county of Lawrence certain property was sold as the property of xx John Goff deceased and the sum of $177.17 1/2 xxbined in the hands of said clerk for the purpose of paying certain cost in the Chancery Court and other expenses are heretofore the sum of $84.95 has been paid over to the clerk of the Chancery Court to pay a part of said cost and the further sum of $13.50 directed to be retained to pay cost. CC. The said County Court leaving still in the hands of the clerk of said County court the sum of Seventy Eight dollars & 69 1/2 cents ($78.69 1/2) was by decree of said County Court at the April term thereof 1855 directed to be paid over to said R. N. Allen and William Simonton as the Executors of said Thomas Goff deceased. Now the said R. N. Allen and William Simonton as said executors shall will and truly account for said sum of $75.69 1/2 in the settlement of the Estate of said John Goff deceased and pay the same over to those entitled to the same and account for any surpluses in their hand, to the heirs and distributees of said deceased, then this obligation to be void, otherwise to be and remain in full force and affect, this April 27 1855.

R. N. Allen
Wm. Simonton
R. N. Rose.
xx
R. C. Goff & others
Ex parte
Executors Bond

FURTHER SETTLEMENT IN ESTATE

Rec'd of Giles M. Meek Clerk of the County Court of Lawrence County the sum of "Forty Two dollars and 71 cents" in full of the case of John Goff vs Ira C. Goff and als- the same being a part of the fund attached in my hands as clerk belonging to the Estate of Thomas Goff dec'd and the said Chancery Court at ists present tem has directed said Meek to pay over to me--Reciept on docket--

This Feb 14th 1855

Wm. Chaffie Clerk