Last Will and Testament of
Jeremiah Fryar

Last Will and Testament of Jeremiah Fryar, Dec'd

 

Jeremiah Fryar of Hamilton County, Tennessee being of sound mind and memory hereby make and publish this my last will and testament hereby entirely revoking and making void any and all other will or testaments by me at any time heretofore made.

I direct that all my funeral expenses and all my past debts be paid as soon after my death as practicable out of any monies that I may die possessed of on such as may come into the hands of my executor.

 

Secondly, I give and devise to my three sons, James, Sevier, and William all the lands that I may own on the west side of Lookout Creek in Hamilton County, to have and hold the same as tenants in common to their and their heirs forever.

 

Thirdly, I give and devise to my wife Inga Fryar all my lands on the east side of Lookout Creek in Hamilton County, Tennessee, with their improvements and appurtenances to the same belonging to have the same during her natural life and at her death do will that all of said lands and appurtenances go to my four daughters to wit, Emaline Hixson, Caroline Hinyard, Rebecca Fryar and Mary Fryar to have and to hold to their heirs forever as tenants in common.

 

Fourthly, I give and bequeath to my son James, my black boy named Morgan, I give and bequeath to my son Sevier my black boy named Famous. I give and bequeath to my son William my black boy named Calvin and my black man named Britain.

 

Fifthly, I give and Bequeath to my daughter Emaline Hixson my black woman named Beck, to my daughter Caroline Hinyard my black boy named Guss. I will and bequeath to my wife Inga Fryar my two black girls Nancy and Margaret during her natural life and at her death I give and bequeath the black Nancy and her increse to my daughter Rebecca and said black girl Margaret and her increase to my Mary.

 

Sixthly, It is my will that my executor sell all the personal and penchable property not heretofore bequeathed in this will to the highest bidder on an end of the month taking note and good security for the purchase money as early after my death as may be practicable. And it is further my will that the proceeds arising from the sale of my said personal property be equally divided between and among all my children of such of my children as may not at my death be living. If any of my children be dead at the time of my death or when my executor shall collect the proceeds of the above sale, then the child children of such deceased child shall take the share of the deceased party.

 

Seventhly, I will and bequeath to my son James as Trustee for the benefit of my younger children, to wit, Rebecca, Mary, Sevier and William, all the money which I may have on hand at the time of my death to be loaned out by said Trustee and the interest arising therefrom to be applied to the education of said children and if necessary the principal may so join as may be really necessary, but no further be applied to said purpose and upon the marriage or coming of age of any of said children, said Trustee shall pay over to them at such time the equal share of whatever of said fund may be remaining and so on until all of said children are married or arrived at full age.

 

Eightly, It is my will that my executor after my death as soon as practicable collect all the money that may be due me and of the same or if a sufficient amount is not then due me, I devise that he shall offer for sale a sufficiency for the purpose, out of my money on

hand at my death, and purchase a likely negro girl for which he may pay eight hundred or one Thousand Dollars which I give to my oldest daughter Nancy Monds and her heirs to her solely and separate use to marital rights of her husband. It is also my will that if there should be a surplus in the hands of my said Executor arising from the debts due me at my death after paying for said Negro girl, then such surplus us to be added to go with the fund mentioned in the Seventh Clause of this instrument. It is my will forever that unless my daughter Nancy Monds make personal application for the above mentioned Negro girl then my executor shall hold the same for the children of the said Nancy Monds. I also in addition to said Negro girl will and bequest to my said daughter, Nancy Monds, Two thousand dollars in money not to be subject to the marital rights of her husband. It is also my will that my said daughter Nancy makes application for said Nergo girl and the money if the Negro shall not have been purchased by my executor then she shall have her choice to receive money instead of the Negro to the full amount as above bequeathed.

 

Ninthly, it is my will that my executor after death sell at the same time with my other personal property and on the same terms my unexpired term in the incorporated Turnpike Road known as the Kelly Turnpike and the proceeds in clause fifth of this instrument. It is also my will that all monies or other property given in the fifth, eighth and ninth clause of this will to Marital rights of her husband.

 

Tenthly, I hereby nominate and appoint my son James Fryar, Executor of this my last will and testament and I will that for his services as such Executor he be paid a liberal compensation out of the funds belonging to my estate.

In testimony whereof I have hereunto set my hand and seal on the 17th day of February, 1860.

Jeremiah (his X mark) Fryar

 

I Jeremiah Fryar having heretofore made and published my last will and testament do make and declare this as a codicil thereto.

 

To wit: First I desire that a line be drawn over across the mountain which I bought from Robert Cravens commencing at the Peake line at a point which will leave the spring on the north part of said land where I am now staying by about one hundred yards and running parallel with the line of the Ocoee District to the upper bluff of Lookout Mountain.

 

Secondly, I desire that the north part of said land be equally divided between my three sons, James, Sevier, and William and that the south part be equally divided between my five daughters, Nancy Monds, Emaline Hixson, Caroline Hinyard and Rebecca and Mary Fryar.

Thirdly, I further desire that all my present crop, twenty head of the best hogs I have and the Riddle Wagon and two yoke of oxen be reserved for the use and benefit of my family.

 

Lastly it is my desire that this codicil be attached to and constitute a part of my will to all interest and purposes.

 

In testimony whereof I have hereunto set my hand and seal on the 20th day of July, 1860.

 

Jeremiah (his X mark) Fryar

 

Note: Jeremiah Fryar died September 27, 1860 and is buried in Fryar Cemetery, Chattanooga, Hamilton Co., TN. He was the son of Jeremiah and Rebecca Lovelady Fryar and the husband of Ingibo Hixson.