Early Wills of Polk County, TN Citizens

  William W. Hancock       John Cardin       Jason Matlock     William R. Snyder     Samuel Mantooth  

Will of William W. Hancock

I, William W. Hancock of the County of Clay and the state of North Carolina, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following, that is to say, first that my executor (herein after named) shall provide for my body a decent burial suitable to the wishes of relatives and friends and pay all funeral expenses together with my just debts however and to whomsoever owing out of the moneys that first come into his hands as a part and parcel of my estate.

I give and devise to my beloved wife, Sallie, all that portion of the tract of land I now live upon northwest of the turnpike road running through my said tract of land together with the dwelling house and all out houses on the said portion of land. And I furthermore give and devise to my said wife, Sallie, all my household and kitchen furniture together with all my stock of hogs and sheep and also all my harness gearing, tools and farming implements together with all the corn provender and the whole of stock of provisions now on hand. Also my grey mare and iron grey horse, four cows, calves , her choice, also my domestic fowls and poultry and my one horse buggy, also the crop of every description that may be upon the plantation whereon I now live including the southeast portion of my plantation. Also the rents and profits of said plantation for the year 1863, to have and to hold until my son, Tilghman H. Hancock shall become of lawful age, unless my wife Sallie shall again marry before my son Tilghman shall arrive at the aforesaid lawful age. Then and in that event all my property included in this item shall be sold by my executor of this will and the proceeds of said property equally divided among the following heirs viz. my daughter Elizabeth Martha Ann and Rebecca, and my sons, Jeremiah and Richard B. and Marshall N. and Tilghman H, all of whom shall receive one eighth part of the proceeds of said sale.

I will and direct that all that portion of the plantation whereon I now live lying southeast of the turnpike road running through my said plantation be each year after the year one thousand eight hundred sixty three be rented out by my executor so as to secure the greatest possible profits, which shall be annually divided between my wife, Sallie, and my daughters, Elizabeth, Martha Ann, Rebecca and my sons, Jeremiah, Richard B., Marshall N. and Tilghman H. until my son Tillman H. becomes of lawful age unless my said wife shall sooner marry, then upon the happening of that event I will and direct that my executor make sale of said lands and all and every profit in any way appertaining unto said portion of lands and proceeds of said land and profits be equally divided among my daughters, Elizabeth, Martha Ann and Rebecca and my sons Jeremiah, Richard B., Marshall N., and Tillman H. each shall have one seventh part, but should my said wife remain single or widowed until my son Tillman H. becomes of lawful age then I will and direct that the said property above specified in this item be sold as above directed and that the proceeds be equally divided between my wife Sallie and my daughters, Elizabeth, Martha Ann, Rebecca and my sons, Jeremiah, Richard B., Marshall N. and Tillman H., so that each shall receive one eighth part.

I furthermore will and direct that my Negro man, Stephen, and my Negro woman, Line and my Negro child, Henry, shall by my executor be annually hired out so as to secure the greatest advantage and profits to my said heirs which profits shall annually be equally divided between my wife Sallie, my daughters Elizabeth, Rebecca and Martha Ann and my sons Jeremiah, Richard B., Marshall and Tillman, so that each receive one eighth part. But, should my said wife again marry before my son Marshall shall attain lawful age, then I will and direct that the said Negroes above named be by my executor sold and the proceeds of said sale be equally divided between my daughters, Elizabeth, Martha Ann, and Rebecca and my sons, Jeremiah, Richard, Marshall and Tillman equally so that each shall receive one seventh part. But, should she remain single or widowed until my said son, Marshall, shall attain lawful age then I will and direct that said Negroes be sold as above directed and that the proceeds of said sale be equally divided between my wife, Sallie, and my daughters, Elizabeth, Martha Ann and Rebecca, and my sons, Jeremiah, Richard, Marshall and Tilgman so that each shall receive one eighth part.

I further will and direct that my son Major H. Hancock have and receive all my right title and interest to that portion of seven acres of land, which I reserved when I sold a lot of land to William Hancock and Co. of which he is now lawfully entitled to have and to hold in fee simple forever.

I further will and direct that my son, James Hancock have released unto him a note which I hold against him for the sum of two hundred dollars, together with all interest which may have accrued thereupon.

I further will and direct that all my lands and the interest therein Polk County Tennessee be by my executor (herein named) for to act in that county and state be sold at the earliest convenience and the proceeds of said sale to be equally divided among the following heirs, viz. Major H. Hancock, William Hancock and my daughters Isabella Davis, Nancy Coalman and Mary Witt, and I hereby appoint Major H. Hancock my lawful executor to execute the provisions of this item.

I will and direct that all the residue of my estate after taking out the devises and legacies above mentioned shall be sold and the debts owing to me collected and the surplus over and above the payment of debts and expenses and legacies that such surplus shall be equally divided, and paid over to my said wife, Sallie, and my said daughters Elisabeth, Martha Ann, and Rebecca and my sons, Jeremiah, Richard B., Marshall N. and Tillman H. in equal proportions, share and share alike to them and to each and every one of them, their executors administrators and assignees, absolutely and forever.

And lastly, I do hereby constitute my trusty friend, Willam M. Saunderson, my lawful executor to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same every part and clause thereof in relation to all my property in North Carolina and declaring utterly void all other wills and testaments by me heretofore made.

In witness whereof I, the said William W. Hancock, do hereunto set my hand and seal this sixth day of April ,1863.
Signed: Willam W. Hancock
Witnesses: M.K. Palmer and Levi Coffey


Will of John Cardin, Sr. (Deceased)

(December Term, 1882)
(Spelling left as is, sometimes Cardin, others Carden.)

In the name of God, Amen.
I, John Cardin, Sr. of the County of Polk and the State of Tennessee, being in reasonable health and sound of mind but calling to mind the uncertainty of life and being desirous, while in my proper sences to make shore what disposition shall be made of my property, the Lord has blessed me with. I will and bequeath as follows, viz:

First: During my own life I have the rents of all the lands that is cultivated on the farm, after my death all the households and kitchen furniture that belongs to me shall be divided between my three daughters, viz: Mary Ann, Sarah A., and L. B. Carden, except what L. B. Carden had made since the death of her mother and what she may make before my death and what she has now shall be her own property.

Second: I will and bequeath to my son, Andrew J. Cardin five hundred dollars which I have given him in cash.

Third: I will and bequeath to my daughter, Mary Ann Allford, five hundred dollars in land, the place that she sold to Kernealious Hooker, which I have deeded to her for her part.

Fourth: I will and bequeath to my son, E. B. Carden five hundred dollars in land, the place that he sold to Ruben Carden, which I deeded to him for his part of my estate.

Fifth: I will and bequeath to my son Ruben Carden the eighty acres of land that G. W. Hilliard now cultivated also the 80 acres of land that Mrs. Hays now lives on joining each other lying in the 4th District of Polk County Tennessee, with fifty dollars which he has already received.

Sixth: I will and bequeath to my son, John Carden, that part of my lands lying and joining V. Miller and M. E. Fouts, lands making the line to commence with corner of the meadow at the lane between me and Fouts and running with the fence to the creek, thence up the creek to the ford, thence to run square across the bottom to the hill to a white rock. Thence strate across to the Patterson hollow and thence strate to the York place known as the Barbary York place, giving him the north east part of the farm where he now lives.

Seventh: I will and bequeath to my son F. M. Cardin the lands lying on the south east side of the creek commencing at the ford and running with the line above described and running square across the bottoms with John's line to the Barbary York land, giving him the upper end of my farm joining A. Ladd all on the south east side of the creek the part that he now lives upon.

Eighth: I will and bequeath to my daughter Sarah A. Carden, now the wife of E. E. Weber, eighty acres of land joining Ladd on the east and south and Fetzer on the west, Copeland and L. B. Carden on the north, the 80 acres known as the Bivens 80 acres.

Ninth: I will and bequeath to my daughter, L. B. Carden forty acres of land that I bought off of the Fetzer lot joining the lands of M. E. Fouts and Copelands and a part of the Bivens 80 acres now the land bequeathed to Sarah A. Weber. Also the lands the house stands upon commencing at the corner of the meadow and running with Johns line to the ford of the creek, thence running with the creek to A. Ladds line, thence with Ladds line to the lain, thence with the lain to the corner of Johns; at the meadow and she shall have timber off of the other three parts to keep up her farm and for wash wood.

Tenth: I hereby constitute and appoint my two sons, John and Frances M. Carden my executors without security to this my last will and testament that they shall sell all of any stock that is on hand at my death for the heirs, that the property shall be sold to the highest bidder of the heirs, that the proceeds be equally divided between the five heirs here. That is all the stock and wagons and other farming utensils. Finally, I will bequeath my body to the Earth, and my soul to the God who gave it.

In testimony whereof I herewith set my hand and seal this 29th day of March 1880. John Cardin, Sr.
In presence of Elisha Davis, Joseph R. Matthis and T. W. Matthis

Notes on the Carden Family:
According to an article in the Heritage of Polk County Tennessee 1939-1997 submitted by Terri Adams, John Carden, Sr. was the son of Leonard Carden who died in Monroe County Tennessee in 1854. John was born March 1803 in Spartanburg, SC and moved to Monroe County with his family about 1820, and on to Polk County with wife Elizabeth by 1840, settling in the Cookson Creek area.

John and Elizabeth Carden had eight children: Andrew J., born about 1830; Mary Ann, ca. 1832; E. Barry, ca. 1834, married Martha; Reuben, March 10, 1840, married Margaret Lemons; John J. Jr., May 9, 1843 married Barsha M.; Francis M., November 15, 1847 married Mary Melvina Fetzer; Sarah Adeline, May 18, 1853, married Edward E. Weber and Louisa B., July 22, 1857 married John H. Willson.

Sarah Adeline, daughter of John Carden, Sr. is mentioned in the will as being the wife of E. E. Weber. Edward Edewat Weber, born February 1853 was the son of Andreas Weber, the 'Old Dutch Weaver' born February 1804 in Wurzinger Germany. According to the 1900 census, Andreas and his wife, Catherine Coon came to the U. S. in 1834 and to Polk County by 1842, living at first in Vineland also known as the Old Dutch Settlement. He purchased land and moved to Cookson Creek and raised his family there. Some parts of the original farms of Carden and Weber are still in his descendants' possession. His great granddaughter, Catherine Miller Scarbeary owns the land where the Carden cemetery is located.

John Carden's son, Francis M., married Mary Melvina Fetzer, born September 27 1854, the daughter of John Harve and Sarah Fry Fetzer. Francis M. and Mary Carden had nine children: Henry Andrew, Berry Anderson, Mary Lori, Margaretta Nora, Andrew, John Oliver, Isabell, Florence and Laura Mabell.


Will of JasonMatlock

In the name of God Amen.

I, Jason Matlock of the County of Polk and the State of Tennessee, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make ordain, publish, and declare this to be my last Will and Testament.

First: I command my soul to God who gave it to me, and my body to be decently cosigned to the tomb.
Second: It is my desire that all my debts and funeral expenses be paid.
Third: I will, give and bequeath to my son, Abraham H. Matlock all of my real estate, consisting of my homestead, it being the farm on which I now reside and have for several years last part, and of any other lands or town lots that I may died seized of. I make this bequest to my son, Abraham Matlock from the fact that he has remained with me in my old age and taken care of me in my old age and taken care of me and his mother with great kindness, and from the fact that some time ago he received a fall and broke his arm so that he will to some extent be a cripple through life. I therefore feel that it is my duty to aid him some. I also will and bequeath to my son, Abraham H. Matlock, all of my personal property except one bed and bed clothing.
Fourth: I will and bequeath to my beloved daughter, Elizabeth Coleman, one bed, bedstead and bed clothing.
Fifth: I do hereby make, constitute and appoint in this my last will and testament, Abraham H. Matlock, my lawful executor to carry out the provisions of this my will, and I hereby revoke and cancel all former wills by me made. In testimony whereof I have herewith set my hand and seal this 5th day of March 1875,
Signed: Jason

Matlock

The above instrument was subscribed by the said Jason Matlock in the presence and acknowledged by him to each of us and at the same time published and declared the above instrument to be his last will and testament and we as the testators represent and in his presence have signed our names as witnesses hereto this the 5th day of March 1875.

Witnesses:
John C. Williams, G. B.
Smith, John Norman

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Editor's Note: It seems somewhat odd that Rev. Jason Matlock, reported to be the father of at least 20 children, only mentions two, Abraham H. and Elizabeth, in his will. Jason was born about 1787, died 1878, and is buried in Matlock Cemetery located on Hwy 314 (Parksville Road) approximately two miles from the junction with Hwy 411 at Benton.

Abraham (Haun) Matlock married Rebecca Ann Fields daughter of Crabtree and Nancy Fields about 1865 and had 5 children by 1880: Euclid, Oscar, May, Nancy (Annie) and Wilbur. Only Annie, born June 1877, and then a schoolteacher, and Nora, born *April 1884, were still home in 1900. Abraham, born August 15, 1838, died February 23, 1911 and Rebecca, born March 28, 1846 died May 9, 1919. Both are buried in Old Ocoee Cemetery behind the church where Rev. Jason Matlock pastored for nearly fifty years. (*This info from the 1900 census, her grave marker inscription says she was born Oct. 13, 1883.)


Last Will and Testament of William Snyder

(Probated February Term, 1924)

I, William R. Snyder, a citizen of Polk County, Tennessee and of sound mind and memory do hereby make my last will and testament, so help me God. Amen

First: I will and bequeath my soul to God who gave it.
Second: I will and bequeath all my real estate and personal property, after my burial expenses and just debts are paid, to my wife, Elizabeth Snyder during her natural life.
Third: I will and bequeath that all of my real estate and personal property, after the death of my wife, be equally divided between the following named heirs. W. E. Snyder, J. C. Snyder, Leander Snyder, J. R. Snyder, Mary McCracken, Mattie C. Johnson and Cora T. (Mrs. J. W.) Watson.
Fourth: I will also that the above named heirs, if possible, mutually agree and divide all the household and kitchen furniture equally without a sale.
Fifth: I will and request that all my personal property not heretofore mentioned be advertised in the Cleveland Herald for 30 days and sold to the highest bidder and the money be equally divided between the seven heirs above named.
Sixth: I will and bequeath that after all is sold and money paid in to my executors that my son, Fetzer Snyder be paid ($10) ten dollars as his part of my estate on account of unjust and undue treatment of his Father in assisting others to bring disgrace upon him.
Seventh: I will and request that my sons, W. E. and J. R., Snyder be permitted to live on and tend my farm for a few years, not exceeding four, and after four years, I will that W. E., and J. R. Snyder buy my farm at a reasonable price if they so wish to purchase and the money for the farm be equally divided with the 5 heirs heretofore named.
Eighth: I hereby will select, nominate and appoint W. E. Snyder and J. K. Johnson my executors, and will that they carry this will out to the letter.
Ninth: I also hereby revoke all wills and parts of wills made by me heretofore. In testimony whereof I subscribe my name in the presents of the undersigned witnesses, on this 19th day of September 1905.
Signed:
William R. Snyder
Witnesses:
J. R. Rice
Mattie Johnson
J. R. Snyder

Codicil:

I, W. R. Snyder, being of sound mind and disposing memory, having in view the uncertainty of life and the certainty of death, wish to amend the will attached dated September 19, 1905.
First: Inasmuch as Mattie C. Johnson died without bodily heirs, I will that her husband, J. K. Johnson, receive no part in my estate, neither personal or real.
Second: I will that his name, J. K. Johnson as one of the executors of said will be stricken off, and that the name of Lee Snyder be substituted.
In testimony whereof I have on this the 28th day of March, 1921 subscribed my name in the presence of J. R. Snyder and T. W. Lowery.

Signed:
W. R. Snyder
Attests:
J. R. Snyder, T.
W. Lowery

Snyder Family Bible Records

The following information is from the George Fetzer Snyder family Bible published by A. J. Holman & Co., 20th Century Edition, 1903. The Bible is in the possession of his granddaughter, Betty Snyder Curbow who so graciously shared with us. Info in parentheses is our addition and not recorded in the Bible.

G. F. Snyder, born Ocoee, TN August 23, 1861; married Nov. 22, 1882; died January 4, 1943.
Sarah F. McClain, b. Fashion, GA April 5, 1861 (wife of George Fetzer Snyder) d. Oct. 27, 1890
Henry Snyder, born Fashion, GA Aug. 8, 1883; m. December 24, 1905; (d. March 24, 1963.)
Zeffie M. Snyder, b. Fashion, GA September 10, 1884; m. Dec. 27, 1906; (d. July 10, 1983)
Will B. Snyder, born Ocoee, TN May 4, 1887; died April 15, 1939
Horace F. Snyder, born Old Fort, TN January 29, 1889; married Dec. 22, 1909; d. Feb. 19, 1989
Lue Snyder, born Old Fort, TN October 12, 1890; died Nov. 12, 1890


Last Will and Testament of SamuelMantooth

July 27, 1862
County Court, April Term 1880

I, Samuel Mantooth, being of sound mind and disposing memory and knowing the certainty of death and the uncertainty of life, I therefore make my last will and testament.

First, I will and bequeath my soul to my God who gave it.
Second, that any burial and funeral expense be paid out of my effects.
Third, that all my just debts be paid and then my daughter, Hetty who has intermarried with Robert Mantooth have one horse out of my estate equal in value with horses that I have given the rest of my children that have left me. And the said Robert and Hetty to account to my estate for the $124 which I paid out in the purchase of a piece of land where the said Robert and Hetty now lives containing 100 acres. The right of said land is in my name, by their accounting for the $124 I will the rites to be vested in them and their heirs. Also, the land where my son Calvin Mantooth lives, their rite is in my name. I want him to have said land by accounting to my estate for the sum of $200, then the rite of said land to be vested in the said Calvin Mantooth and his heirs.

And then my son, Robert Mantooth has paid $15 towards land which I want him to have said $15 paid back to him out of my estate. And then any children that has not left me, I want them to have a horse out of my estate to make them equal with the rest of my children. My son, D. H. Mantooth to account for ten dollars that I paid towards a horse then the said D. H. Mantooth, Hugh Mantooth, my daughter Sarah and Elizabeth each to have a horse equal to the balance of my children.

And then my wife, Lithy to have during her natural life all of my effects, cash on hand, notes and accounts, stock and grain, both real and personal estate. And at her death, it is to be equally divided between all of my children or their lawful heirs as the case may be, to wit. Calvin, Robert, Thomas, Hetty, D. H., Hugh, Elizabeth and Sarah Mantooth.

Leaving William Maxwell and S. E. Browder executors of my will

Signed:
Samuel Mantooth (his mark)
Wm. M. Kerr, Samuel W. Dixon, Amos Ladd.