Will of John Lewis by Joel D Lewis

©  Kathy Duncan, 2019

The will of John Lewis seems to exist only has a copy filed in a lawsuit brought by his Babb grandchildren against their step-mother in McNairy County, Tennessee in 1871. It was originally filed in McNairy County, Tennessee; Jackson County Alabama; and Tishomingo County, Mississippi. The McNairy County and Jackson County copies were lost to courthouse fires. The McNairy County, Tennesse courthouse burned in 1881. The Jackson County, Alabama courthouse records were burned by Union soldiers in 1863. I have not yet located a copy in Tishomingo County, Mississippi.

This copy is from the recollection of John Lewis's son Joel D. Lewis, who wrote the original will for his father. It was written in 1871 for Francis A. Bryant on behalf of his wife Jane Catherine (Babb) Bryant, who was Joel D. Lewis's niece, and it is the only known copy of the original 1840 will. A transcript follows the copy of each page. 

March the 13^th 1871

Coldwater, Wayne County, Missouri

Dear Nephew & Neace

I with pleasure recieved your letter of the 12^th Instant 

You wrote that you wanted me to send to you the

Conditions of my Father’s Will which I will do

I think I recollect it nearly as it was written

because I wrote it myself it read about as follows

Jackson County Alabama

I John Lewis being in health and sound in mind do

but knowing the certainty of death do

make this my last will and testament

1^st I commend my spirit to Almighty God

2^nd I desire my body should be decently buried

I desire that there should be sufficient sum set apart

out of my estate to educate my daughter Emily,

I give and bequeath to my son Wiley Lewis five dollars,

and give ..bequeath to my son Daniel A Lewis

one dollar. After setting apart a sum sufficient for

the education of my daughter Emily and paying

my son Wiley five dollars and my son Daniel A Lewis

one dollar I desire my estate to be divided equally between

my Dear wife Jane Lewis and my sons Wm Henry Lewis ad

Joel D Lewis and Spencer P Lewis (??? Spener P Lewis

I desire one hundred dollars less than the balance of

my heirs) and John N[?] Lewis and Celia Babb’s heirs

(naming them) and Daniel A Lewis heirs (naming them)

Except that Daniel A Lewis (heirs shall have one hun-

dred and fifty dollars less than an heirs shar) and

my daughters and their heirs Matilda Mason, Rebecca

Rice, Margaret Daughtery, Elizabeth Babb, Jane

Wardlow and Susanah Lewis and Emily Lewis,

I desire and appoint my Dear wife Jane Lewis, Wm Henry

Lewis and Joel D Lewis executors of this my last will

and testament

In witness whereof I have herewith set my hand and

Affix my seal

Signed & sealed in presents of us this

William Daniel

James E Daniel

You wanted to know whether or not the James Daniel

at Corinth was the one signed the will as a witness

he is not, but I suppose he is a cousin as the cousin

alluded to lives some where in Mississippi,

We are all well and the connection are generally well

You say you have some who you call Joel, well

if ??? his name I know he must be a prety boy for

all my namesaks are prety,

Let me hear how you get on with your suit,

Rebecca joins me in her love to you and your

little ones,

Joel D Lewis

To F A & J C Bryant

(Exhibit A)

Filed 1^st May 1871

Thos. R. Beck, C&M

John D. Lewis's will has been found in Tishomingo County, Mississippi deed records and can be read here.