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Note: In the name of God Amen. I Francis Cornwell of the county of Smith and state of Tennessee being weak in body but sound in mind and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament.
In the first place, I recommend my soul to God who gave it. And as touching my worldly affairs, which it has pleased God to bless me with.
1st. It is my will and desire that all my just debts be paid.
2nd. It is my will and desire that my wife Polly and my son Willis shall have the tract of land on which I now live containing about one hundred and twenty seven acres, be the same more or less, and the following named negroes (to wit) Cinda and her three children and all others that she may have in my lifetime and a boy about thirteen years old named Dick, one horse brute of her choice and one cow and calf of her choice; all the money that may be on hand and the debts are to me at my death, together with all my household and kitchen furniture and everything else and the increase thereof which she brought with her at our marriage or has since or may hereafter make by her ? industry, all of which property is for her use and to raise the child Willis jointly. So long as she lives or remains a widow and at the time of her death then my son Willis is to have the whole, but if she should marry then she is to have the first that she brought at our marriage and its increase and every other things that she has made by her industry or may hereafter make. And my son Willis is to have the balance And I do hereby appoint Willis Dean guardian for the child Willis and to have the management and care of the whole of the property for the use of my wife and said child Willis until he comes of age, and for her untill her death or marriage. And at the time of my said son coming of age he is to have the half of all of said estate hereby bequeathed and his mother the other half during her life or widowhood as aforesaid. And should my said son Willis die before he comes of age or haas any other heir then and in that case, it is my will and desire that his share in the whole shall be equally divided among all of my other children which may be alive at that time.
3rd. It is my will and desire that my son Samuel C. Cornwell shall have one hundred and fifty dollars to be paid to him by my executor, annually twenty dollars at a time until the whole is paid. The first twenty to be paid out of the first money that may come unto the hands of my executors not otherwise appropriated.
4th. It is my will and desire that the balance of my children (to wit) Thompson Cornwell, Silas C. Cornwell, Milly Cornwell, and Anna Thorn each have an equal part of the balance of my estate.
5th. It is my will and desire that the heirs of my deceased children (to wit) Fooshe C. Cornwell, John Cornwell and Dolly Flippino have one dollar to be divided among each, and their heirs
6th. It is my will and desire that the whole of my property be sold for ready money excpt such part as is otherwise herein directed. And I do hereby nominate and appoint Silas C. Cornwell and Willis Dean my executors to carry this my last will and testament into execution.
7th. It is my will and desire that the negroes Phebe and her children now in the possession of Charles Cornwell which are lent to my daughter Milly be given up to my executors and sold with the other property. In witness whereof I have hereunto set my hand and seal this 11th day of December 1830.
Witness James Young John Kirby
Francis Cornwell
State of Tennessee Smith County Court ??? August Term 1834 the last will and testament of Francis Cornwell dec'd was produced and duly proven in ? by the oaths of James Young and John Kirby ? ? and motion ordered to be ?
Silas Cornwell versus Thompson Cornwell and others. Silas C. Cornwell,Executor of Frances Cornwell, states that said Francis died sometime in (1843?) seized and possessed of both real and personal property. both the said Silas C. and Willis Dean were appointed executors. The said Willis was absent from the county and could not serve. The persons entitled to distribution were Samuel Cornwell, Thompson Cornwell, Charles Cornwell and wife Melinda, AUGUSTINE L THORN and wife ANN, Willis Cornwell, a minor, and Mary Cornwell, widow of said Frances. Said Mary entered her dissention. 11 Dec. 1830. Pp 60-67 (Possibly date should read 1838)
This record is recorded in Chancery book 2, with records recorded 1836, 1837 & 1838 etc. So the date for this one may be 1836 or 1838 rather than 1830?
Chancery Book 1 Pp (463-464)
S. C. Cornwell, Executor, versus Willis Cornwell Et. Al. The clerk is to take and account of the estate of Frances Cornwell. 8 Jan. 1838.
Francis Cornwell did not appear in the 1840 Smith Co Census. However his wife Mary Cornwell did. His death most likely wass in the 1830's.
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