Will of James Paine

In the name of God amen. I James Paine of the county of Giles and state of Tennessee, concious of being in my right mind and of disposing memory, do hereby make and ordain this my last will and testament.

Item 1st- I desire all my just debts to be fairly and justly paid out of the debts due and owing to me, and the sale of the crops on hand, and of such perishable property as is not especially devised to anyone in this will.

Item 2nd- I give and bequeath to my beloved wife Ruth the following- five negroes to wit- Patience, Alexander, Eliza, Ruffian and Margaret, with their increase, and as I have purchased another negro girl by the name of Fanny with the money which belonged to my said wife Ruth, I also also give the said girl Fanny to my wife aforesaid, and whereas my wife Ruth has other property of a perishable nature and of a shorter duration and which has not been removed from the premises where she formerly and last lived previous to our marriage, and which has ever since our inter marriage been in the care and possession of her son-in-law Thomas B. Daly. This property of hers, or so much there of as may be remaining on the aforesaid premises at the time of my death, I give and bequeath to my said wife, but it is not intended by this last bequest to give any part or portion of the crops or of the proceeds thereof which have been made on the premises aforesaid, unless it be a full and sufficient portion of the corn, fodder, oats, wheat, etc. If so much there be on the premises as may be necessary for the support of herself and negroes for and during the year. This is in compliance with a contract which was mutually entered into between my wife and myself previous to our union by marriage and which can be referred to.

Item 3rd- I give and bequeath to my son Robert Paine in addition to what I have formerly given him and which he has in his possession the following negroes, Isaac, Jo and Mary. I give to my daughter Martha Abernathy, Chesly, Simon, Ann, John, Angeline and Melisse.

Item 5th- I give nd bequeath to my son Constantine Paine the following negroes, Albert, Little Nancy, Tamer and Jane.

Item 6th- I give and bequeath to my daughter Amanda Roche the following negroes, Dudly, and Frank in addition to what I have already given her.

Item 7th- I give and bequeath to my daughter Rowena A. Paine the following negroes, to wit, Nicholas, Olive, Easter, Giles, Caroline and Isbel, also her choice of horses and two beds and furniture.

Item 8th- I give to my son James M. Paine the following negroes, Green, Long Nancy, ______ a girl child of her Little Aron, Levina, Jack and Molly his wife, Rachel and Jackson a little boy and two beds and furniture.

Item 9th- I give and bequeath to my son Sterling L. Paine the following negroes, Willis, Isabella, Big Aron, Bob Boling, Lucinda, Elizabeth, Gilbert and Bashaba, two beds and furniture and a horse.

Item 10th- I give and bequeath to my son Junius E. Paine the following negroes, Lewis, and Old Nancy, Dinah, Burwell, Manerva, Boston, Harriot and Rose, two beds and furniture and horse and saddle.

Item 11th- I give and bequeath to my son Thomas G. Paine the following negroes, Mark, Sylvia, Dick, Elvira, Edmund, Aggy, Julia and her child Margaret and Jerry and two beds and furniture and a horse and saddle when he arrives at the age of fifteen years.

Item 12th- I give and bequeath to my son Junius E. Paine the tract of land on which I now live, but it is my will and desire that my daughter Rowena, live with Junius while she remains single, and that during her life or until she marry, she be allowed ( entitled ) to the privilege of working her negroes on one third part of the farm, or that she have one hundred and fifty acres of land layed off on the south boundary of the tract, so as to include sixty acres of cleared land now in cultivation, and also that she be entitled to the free and unmolested privilege of the small room in the lower story of my present dwelling house during her life or single state.

Item 13th- My will and desire is that the balance of my land laying on Martins Branch and Silver Creek be equally divided between my three sons, James M., Sterling L. and Thomas G. Paine as I have paid off Robert and Constantine Paine my two oldest sons in money for their portions of land in Giles.

Item 14th- My will is that if there is any of my estate not given away in this will that it be equally divided between all my living children.

Item 15th- My will and desire is that the settee, windsor chair, sideboard, clock and looking glass in the parlor be and remain there during the continuance of my daughter Rowenas stay or claim on the premises, also the tables and china press.

And I do hereby nominate and appoint my son Robert Paine and my son-in-law Thomas E. Abernathy executors of this my last will and testament, hereby disanulling all other wills by me heretofore made. In testimony whereof I hereby sign and acknowledge this and no other to be my last will and testament this fifth day of May in the year of our Lord 1840.

P.W. Phelps
H.O. Abernathy
James Paine( signature )

May 13th, 1840- My will and desire is that this be annexed to an become a codecil and an addition to the above will.

I have heretofore given Constatine Paine and Martha M. Abernathy each a yoke of oxen, and a cow and calf, and Robert Paine my son a yoke of oxen. I now give and bequeath to my sons James M., Sterling L., Junius E. and Thomas G. Paine and Francis G. Roche each a yoke of oxen and a cow and calf and if my stock can be divided without selling them, it is my wish they should. But this I leave to the discretion of my executors.

P.W. Phelps
H. P. Abernathy
Witness my hand and seal
James Paine
( signature )

Whereas- I James Paine of the county of Giles and state of Tennessee have heretofore made and executed my last will and testament with a codicil theretofore added and being desirous of making some further alterations in said will not in any wise to cancel or alter any portion of said will not herein expressly stipulated being now feeble in body but sound of mind do hereby ordain and constitute this as a further amendment to my said will. That is to say that so far as my real estate is in said will devised the same is hereby cancelled and set aside and in lieu thereof I do hereby and herein give and devise and dispose of my said lands and realty as follows, to wit, to my son Junius I give one half of my home tract of land upon which I now reside together with the dwelling house, outhouses and their improvements thereon. The said tract to be divided as follows, that is to begin at a point on the Main spring branch in the grass lot at or near the Elm spring running a line along said branch in a southern direction to the south boundary line and thence beginning at the same point and running in a northern direction to the north boundary line so as to divide the said tract in an equal number of acres.

2- The said lot of land cut off from the dwelling shall constitute one lot and my lands on Silver Creek and the Martin Branch tract shall constitute two other other lots which lots I hereby give and bequeath to my sons James Milton, Sterling and Thomas to be drawn for by them but he two who shall draw the lots on Silver Creek and Martin Branch shall pay to the one who may draw one half of the home place adjoining the lot expresly given to Junius the sum of one hundred and fifty dollars each in order to make his lot of equal value.

And whereas I have hitherto a further interest in a tract of land in Obion county state of Tennessee granted to Ralph Williams which said tract contains five hundred and seventy acres, now I do hereby give and bequeath to my sons Robert and Constantine all the right claim title and interest which I have in deed to said land one of the distributors of the estate of the said Ralph Williams and the said interest to which I may be entitled to be held and shared by them jointly and equally- and my executors in said will nominated and appointed are requested to carry this amendment into effect in as full and complete manner as if the same had been incorporated in the body of my original will.

The testimony of the foregoing I hereunto set my hand and affixed my seal on this the 4th day day of August A.D. 1840.

James Paine
Signed and sealed and published ( signature )
In our presence on the day of the date above.
Hartwell P. Abernathy
William S. Madry
( signatures )

Submitted by: Mary ( Stevenson ) Hulsey