Wednesday, June 5, 2019

John Lewis's 1843 Will Filed In Tishomingo Co., Mississippi

©  Kathy Duncan, 2019

A period copy of John Lewis's will exists in Old Tishomingo County, Mississippi, Deed Book G, pp. 139-141. It differs from Joel D. Lewis's recollection of it that was made 30 years later for the children of his sister Elizabeth (Lewis) Babb, who were suing their step-mother Mary Jane (Broom) Lewis Fitzpatrick. It seems to have been filed in Tishomingo County, Mississippi because John Lewis owned land there and not just because he had heirs living there.

There is plenty say about this copy of John Lewis's will, but I will save that for another post.

Old Tishomingo County, Mississippi
Deed Book G, p. 139





















John Lewis } State of Tennessee  Be it Remembered that at a
Will } Quarterly Court began and held at the Court house
in the Town of Purdy  County of McNairy the 3rd day of April in the year of our lord Eighteen hundred and forty three and Sixty Seventh ye-ar of American Independence Present the Worshipful S D Pace G G Adams, Dollison Sweat John G Gooch, E T Dodd, John Cham-vers, James M Huggins, A C Housten, A M Brown, Jacob Lawrance W L Anderson, Elyah Lynch Demis McKnight, Jacob Jackson and Joseph Anderson, James Warran, Sherriff and A A Land Clerk This day the last will and Testement of John Lewis decd was pro-duced in open Court and the Execution thereof was duly proven by the Oaths of William Dannele and James E Dannell For Subscribing Witnesses thereto after which Baily G Eart was inter-duced and in open Court and after being duly Sworn, deposeth and Said that he found the Said Will, among the Said Lewis papers after his death. and that he to gether with the other Witnesses Knows of now other will After which the Executors appointed in the will Jane Lewis, Joel D Lewis and Henry Lewis, app-eared in open Court. and gave bond in the Sum of Fourteen Thousand dollars with Green B. Babb, William Mason and William Donnele for Securities who together with the Said Ja-ne Lewis Joel D Lewis, and Henry Lewis. Came into Court and acknowledged the Same. After which the Executric and Executors, took the necessary Oath, and the Court Ordered th-at Letters testamentary issue to them, and a Copy of the will, And that the will be recorded and filed H.


Old Tishomingo County, Mississippi
Deed Book G, p. 140-41



















The State of Alabama Jackson County  I John Lewis being in hea-lth and Sound in mind and Knowing the Certainty of death do make this my last will and testament as follows: viz, I give and bequeath to my Son William Lewis five dollars out of my money at my death if I have any and if none, out of my property And I give and bequeath to my Son Daniel A Lewis, one dollar out of my property, at my death, and I give and bequeath to my dear Wife Jane Lewis an equal Shear with the balance of my Children that is after paying out of estate the above named Sums to my two Sons above named. I want my Estate divided equally between my dear Wife Jane Lewis and my Sons Henry Joel D Spencer P & John N Lewis and by daughters Celia, Matilda, Rebecca, Margaret, Elizabeth, Jane, Susan, and Emily Lewis Equal Shares. But if my dear wife Jane Lewis, Sh-ould choos a dower that the Laws allow I desire she should have it And the balance of my estate after paying my two Sons & Daniel A Lewis, the above named Sums, I desire should be divided equally, between the balance of my children, and I desire that if I should have any more heirs, that they should shear eq-ually with my present heirs except my two heirs first named And if I should depart this life before my younger daugher Em-ily Should get her education, and if I should have any more heirs, I desire there should be a Sufficient Sum Set apart for their Education, and then the balance of estte be divide as before written. I desire that dear Wife Jane Lewis and my two Sons Henry Lewis & Joel D Lewis be and I do appoint them Executors of this my last Will and Testement And I desire that My son Daniel A Lewis children that is to Say his first Wife & Children to have as much of my estate between them as any other of my Sons or daughters will shear, that is I want all of my son Daniel Children above named to only have as much between them all as one of my heirs Say Son or Daughter with the Exception of one hundred dollars, that I want them to lack one hundred dollars of getting as much between them all as one of my other heirs. In testimony of this being my las will
and testament. I have hereunto Set my hand and Seal this 14th
day of January 1840.              John his Lewis
In the presents of                            mark
William Dannil
James E Daniel [Jr?]
State of Tennessee} I A A Sanders Clerk of McNairy County Court
McNairy County}  do hereby Certify this the forgoing writing is A correct copy of the last will and testament of John Lewis decd As the same appears of Record in my office in Book No. 7 pages 36 & 37 together with the record of the county court annexed. In testimony whereof I have Set my hand & Seal of Said Court at Office in Purdy the 18th day of October 1843  A A Sanders Clerk

State of Tennessee} I L D Pace Chairman of the McNairy County
McNairy County} Court do herby Certify tht A A Sanders whose Name is Subscribed to the above certificate is and was at the time of Signing the Same active Clerk of the McNairy County Court duly elected and qualified and that his Certificate is in due form of law and that full faith and credit is and should be given to all his official acts as Such Witenss my hand as office in Purdy the
18th day of October 1843
L D Pace {Seal}
Presiding Trustee of the CC

2 comments:

  1. My ancestor is Daniel A. Lewis. Do you have any speculation as to why he was treated so slightly in the will?

    ReplyDelete
    Replies
    1. I have been working on Daniel A. Lewis, but have not come to a conclusion. It looks like he may have left his children with their grandparents and gone west to Crittenden Co., Arkansas with brother Wiley Lewis. There is a theory that he took up with Tempie DeSpain and had a second family. The question is whether he left Alabama while his first wife was still alive. Anyway, I sense strong disapproval aimed from John Lewis to son Daniel A. Lewis. I have started a facebook group for those of us researching the John Lewis family and would like to invite you to join us at https://www.facebook.com/groups/935329476670467/

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