Monday, February 4, 2013

Amanuensis Monday: Last Will & Testament of George WAGGONER (1760-1845)

So what is amanuensis you may ask? An amanuensis is a person employed to write or type what another dictates or to copy what has been written by another. 

The subject of today's post the last will and testament of my 5th Great-Grand Father George Waggoner (1760-1845).

Page 1

Here is the transcription of Page 1:
I George Waggoner 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 monies I (word scratched out) 
may die possessed of or may first come into the hands of my 
Executors. 
Secondly I give and bequeath unto my beloved wife Mary 
the use occupation and enjoyment of my Tract of Land 
whereon I now live together with all other property I may 
die possessed of consisting of negros horses cattle hogs 
crops and provisions on hand farming tools all of 
which I wish her to have during her natural life with 
the privilege of selling any of the stock such as horses 
cattle hogs or sheep and converting to her own proper 
use for the support of her self and Family if she proposes 
to do so together with three hundred dollars in money 
and after my wife's death to be disposed of in the following 
manner. 
Thirdly, my will and desire is that after my wife's death that 
my son Peter Waggoner have the tract of Land whereon 
I now live and wish him to have that amt more than the rest 
of my children in consequence of his being an invalid. 
Fourthly, my will and desire is that after my wife's death 
all of the property that I may die possessed or that may be 
remaining be sold upon a twelve months credit 
and the proceeds thence arising from such sales be equally 
divided amongst all my heirs viz namely Margaret, Barbary, 
Elizabeth, Mary, Fetty, George, John Lewis, Jesse, Peter 
and the heirs of my son Jacob Waggoner. Fifthly & Lastly 
I appoint my two sons Jesse and Peter Waggoner 
the Executors to this my last will and testament, beleaving 
they will see it properly executed. In witness whereof 
I have hereunto set my hand and affixed my seal 
this the thirtieth day of October in the year 
of our Lord one thousand eight hundred and 


Page 2

Here is the transcription of Page 2:
forty two. his George X Waggoner mark 

Signed sealed and published in our presence and we 

have subscribed our names thereto in the presence of 
the testator the day and year above written. 
James M. Holman 
B. M. Jones 

CODICIL 

I, George Waggoner, having heretofore made and 
published my last will and Testament do make & 
declare this as a codicil thereto to wit that so much 
of the fifth article of my will as appoints my son 
Peter Waggoner an executor to my last will, I hereby 
revoke and my will is that my son Jesse Waggoner 
alone tend to the execution of the same it is my desire 
that this codicil be attached to and constitute 
a part of my will to all intents and purposes given 
under my hand and seal this 26th day of November 
1844. 
his George X Waggoner mark 
Signed and published in our presence and 
we have hereunto subscribed our names in the presence of the 
testator the day and date written. 
James M. Holman 
William J. Brazeer 
Proved according to law at the April Term 
1845 H. Kelso clerk


The will was obtained from the Clerk & Master of Lincoln County Tennessee.

Rebecca N. Bartlett
Clerk & Master
Lincoln County
112 Main Avenue, South
Room # B-109
Fayatteville, Tennessee 37334




Jason Wayne Crews © 2012 Genealogy Sphere

3 comments:

  1. Jason, why do you think George revoked Peter as an executor? Maybe he died?

    ReplyDelete
  2. Peter died on September 2, 1871; he was counted on 1850 U.S. Census and listed his occupation as a School Teacher, so it probably wasn't due to a health condition that made him unable to fulfill the obligation. I suspect it was probably a quarrel between father and son, but I am just speculating.

    ReplyDelete
  3. It is great to find a Will. Where there's a will there's a way. But I say, where there's a will there's a genealogist!

    Regards, Grant

    ReplyDelete