Transcription of James Lowry Senr Decsd last will & Testament (1771 - 1849) from pages 65-66 of Will Book E, State of Tennessee, McMinn County "James Lowry Senr Decsd last will & Testament I James Lowry Senior of the County of McMinn and the State of Tennessee being of sound mind and disposeing [sic] memory do make – ordain & publish the following as my last will and Testament, that is to say, First I wish my executors after my decease to inter me in a decent and plain manner and as a charge upon my estate.  Secondly, should my beloved wife Mary Nancy Lowry survive me, I give and bequeath to her so much of my plantation during her natural life as she may consider necessary for her comfortable support & maintenance during her life, also so much of the stock of evry [sic] description on the farm as she may select & judge to be necessary for her support & comfort during her life, also such potions [sic] of the household & kitchen furniture as she may wish to retain for the same purpose, also during her life the control of the labour & services of a Negro woman named Ann – a Negro Boy named Perry & a Negro Boy named William.  Thirdly, my land being the farm whereon I reside I will & direct to be equally divided between my two sons James Lowry Jr, and John D Lowry my said son James Lowry to have the East end, and my son John D Lowry to have the west end of said farm and my barn to be held and owned by them equally no matter on whose division it may fall, and my dwelling house to belong to belong to the division of the west end, this bequest to my said sons however is not to effect in any wise the life time disposition to my wife as aforesaid of such portion of said farm as she may select, & the full use and possession of said farm by my said sons to take place only after the decease of my said wife Nancy.  In the disposition of my property which I am now making, I value my farm given to my two sons James & John D, at the sum of three thousand dollars, which at the death of my said wife if she survives me, I will to be the property of my said two sons James & John D, on the condition of this contributeing [sic] to make my other heirs equal with them as herein after mentioned. Fourthly, I have six heirs, besides the two before mentioned.  To wit, the heirs of my son Isaac who is dead, Daniel Lowry, the heirs of my daughter Polly McSpadden, my Daughter Elizabeth Barr, my Daughter Fanny McGill, and my Daughter Jane Rebecca Cuningham.  To each of which six heirs with my said sons James & John D making eight heirs in all to each of whom I will & bequeath equal portions of my estate each of said heirs to have share and share alike in amount, and if my other property should not be sufficient to make my other heirs equal in amount with my sons James, and John D, estimating the land at the value placed on it aforesaid.  I wish & direct that my two sons be chargeable [sic] with such sum as may be necessary to make up each of the heirs equal in amount, and direct that they pay to the other heirs as may be necessary. After my decease I wish such stock & other property as my wife does not select, as before provided if she survives me, sold by my executors on a credit of twelve months, and after the decease of my said wife I direct that such property as she may leave, including the negro boys Perry and William be also sold by my Executors on a twelve of twelve month credit, and the procedes [sic] of said sales, together with – all monies on hand.  Bank Stock & debts Collected to be divided among my heirs as aforesaid, and the Negro woman Ann, at the decease of my said wife to go to my Daughter Jane Rebecca Cuningham, and her heirs at her value at that time and to be a portion of my said Daughter’s share.  I hold five notes of hand with seal executed by son Isaac Lowry in his life time for money borrowed to pay for land which my son purchased, and on which his widow & some of his heirs now reside, the principal of which notes at this time is about three hundred and eighty dollars & 69 cents.  Said notes being executed in the year 1839. and 1840. and I will and direct that the representatives and heirs of my said son be not sued or pushed on said notes, but that whatever amount of said notes may remain due at my decease be charged to the share comeing [sic] to the heirs of my said son Isaac, and go on as a payment of so much of the share that may be comeing [sic] to them. Lastly, I do  hereby nominate and appoint, as Executors of this my last will and testament, my sons, Daniel Lowry – James Lowry Jr and John D Lowry, and my Friend William Forrest, and I direct that they be allowed to take upon themselves the execution of this will without giving bond & security.  The foregoing I make and publish as my last will & testament, hereby revokeing [sic] all other wills made by me, in the presence of the subscribing witnesses hereto, who have witnessed the same in my presence and at my request.  Given under my hand and seal this 5th day of March 1845.                                                                                         James Lowry Senr    Seal In presence of the undersigned witnesses 5th March 1845. Tho J Campbell Wm Lowry A D Keys"

 

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