Elijah Hurst Last Will and Testament – 1848

Jemima Hurst age 52
Jemima Hurst age 52

This Will was written by Elijah Hurst, the father of Jemima Hurst Cleage, who married Alexander Cleage, who owned my 2X great grandparents and their 5 children.  In it he leaves Juda (my 2X great grandmother) to Jemima.  She already had possession of her.

Elijah Hurst Last Will and Testament

State of Tenn.  McMinn Co.Will of Elijah HurstMcMinn Co Will Book D, Mar 1841-Dec 1848, Microfilm roll 104, TSLA, pp 245-255.

Dec 2 1844.   Elijah Hurst Will Recorded.   I Elijah Hurst do make and ordain this my last will and testament.

  • 1st It is my will and desire that all my just debts be paid.
  • 2nd I give and bequeath to my son Russel R. Hurst my negro boy Harry during his life; and at his death it is my will and desire that said boy Harry go to his heirs.
  • 3rd I will and bequeath to my son John L. Hurst my negro boy Jeff during his life; and at his death I give and bequeath said boy Jeff to his heirs.
  • 4th I will and bequeath to my son Russel my Cate Tract of land during his life; and at his death I desire the same to go the heirs of said Russel; and in consideration thereof he is to pay a debt I am owing the bank for said tract of land.
  • 5th It is my will and desire that my executor manumit my negro woman Rachel when her tenth child shall have attained the age of ten years; and it is my wish that she remain in McMinn County and that my executors support her out of my estate when she gets too old to support herself.
  • 6th I will and bequeath to my wife Mary the following negroes during her natural life:  Big Peter, Auston, Tom, Nancy, Judi, and Jerry; and at her death I wish them equally divided among my four children; and I will and bequeath to my dear wife Mary all my household and kitchen furniture and such of my farming utensils as my executors may think necessary for her convenience together with all my stock of horses, cattle, and hogs.
  • 7th I will and bequeath to my daughter Jemima Cleage and her heirs forever the four negroes she has had possession of Big Anny, Judi, Jane, and Matilda together with all the other property I have given her.
  • 8th It is my wish that my daughter Sarah Ann Calloway have and enjoy all the property conveyed heretofore in trust for her benefit and I will and bequeath to my daughter Sarah Ann Calloway my baroush carriage and harnesses in consideration of some losses   Sarah sustained on my account.
  • 9th It is my wish and desire that my executors get my mother and sister Delilah to remove from Claibourne County to the County of McMinn and that they attend to them carefully:  For that trouble and for taking care of my dear wife Mary, I have given them Harry and Jeff.
  • 10th It is my will and I do hereby release my son Russel R. Hurst from all debts and accounts he is  owing me on the condition that he attends to the interest of my wife while she lives.
  • 11th It is my will and desire that nothing be ex______ in this my last will and testament to interrupt the partnership existing between my son John L. Hurst and myself until the five years have expired.
  • 12th I do hereby constitute and appoint my two sons Russel R. Hurst and John L. Hurst my executors of this my last will and testament and do authorize and desire that they should act without giving bond and security for the trust, re_____ signed, sealed, published and declared to be my last will and testament this 12th day of December 1833.  Signed Elijah Hurst (Seal).  Witnesses:  Justus Steed, Andrew John, W. F. Keith