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Note: Hurt, James M. Marshall, Martha 26 Mar 1817 TennesseeWilson County(1850 U.S. Census) TENNESSEESeries: M432 Roll: 873 Page: 62HURT,JAMES M (1860 U.S. Census) TENNESSEE , CARROLL, 5-DIST Age:63,Male, Race: WHITE, Born: VA Series: M653 Roll: 1243 Page: 51HURT, JAMES M (1870 U.S. Census) TENNESSEE , GIBSON, MILAN P OAge: 72, Male, Race: WHITE, Born: VA Series: M593 Roll: 1528 Page:432Milan, TennesseeIn the name of God amen. I James M. Hurt beingupwards of 72 years old, blind, and veryfrail in body; but of soundmind and disposing memory; do makeand ordain this to be my lastWilland Testament; herebyrevoking all previous Wills by me made. Article1 It is my Will that all my just debts, including my funeralexpensebe immediately paid. Article 2 I do hereby appoint mySon Robert M.Hurt my sole Executorexonerating him from the necessity of givingsecurity; andvesting in full honor and authority to wind up andconduct thebusiness of my estate in accordance with his owndiscretion;vesting in him complete power to sell and to make title torealestate; just as I could do myself were I living. I deemitnecessary here to Say that this appointment was not made byRobertHurts request; nor even his knowledge: On the contraryhe advised meto appoint my friend B. T. Williamson my Executor.Article 3 I alsoappoint my said Executor as Trustee for the purposehereinafterexpressed; nor did he desire this appointment; butopposed it, uponthe ground that it was unnecessary. Article 4 I give to my belovedwife Martha Hurt absolutely and forever thelot of Land in Milanbought of A. Patton; containing fourteenacres with all itsappurtenances; also the household and kitchenfurniture, and all myBooks, except my Encyclopedia of ReligiousKnowledge; which I give tomy Daughter Eliza Hurt. Article 5 I direct my said Trustee to rent outmy two tracts of land whichare in Carroll County both the homesteadand the WilliamCuningham tract; and apply the proceeds thereof to thesupportand comfort of my said wife during her lifetime; and forthesupport of my Daughter Eliza Hurt during the time that sheremainssingle; should she marry, it is my will that mysaidexecutor should payover to her $1,000.00 to make her equal toher sisters at theirmarriage. Article 6 I hereby give and settle upon my son John C. Hurtsfamily allthat portion of the tract ofland on which he nowresides(including the Residence) lying north of the which comes[sic]down from Thomas Nesbitts, should my said son die leaving awife,whether the present or any other, this provision shall beused for thebenefit of the woman so left during her lifetime orwidowhood; and forthe support of all the lawful children ofsaid son, whether by one ormore wives; until his youngestchildshall become of age; then the landshall be sold, and theproceeds thereof equally divided among all hissaid childrenunless he or his present wife shall be living at thattime andin that eventhe and she or her or she, as the case maybe,shall have his and her, or his or her (as the case may be)supportout of said tract of land until they are both dead; orhis his [sic]than present wifeshall marry; than shall theland, be sold, and theproceeds disposed of as above directed;and as their tract of land isworth more than my estate be ableto pay my other childrenproportionately, thiscompletely loseshis interest in the same in myestate. Article 7 I hereby place this matter completely in the powerof my saidtrustee and request that he should carry out all theprovisionsmade forthe benefit of John C. Hurts family as are made,asprovided in the article above; with a distinct understandingthat nopart of the said provisions shall be subject to thepayment of Johnsdebts. Article 8 I give to my grandson, who is the son Philemon Hurtjust onedollar. He is thus cut off from a participation in myestatebecause he has already if he should take care of it, anampleestate. And without care, whatever I might give him wouldbethrown away. Therefore this completely closes his interest inmyestate both that which now is and that which may accrue to it.Article 9 I chargemy son James M. Hurt eight hundred dollars asanadvancement. Article 10 I have made advancement to my son A.B. Hurtwith which I do notcharge him on account of his labors, sufferingsand exposuresduring the late war. Article 11 I have now closed myespecial legacies and advancements andproceed to the generaldistribution of the residue of my estate.It is my Will that my SonsRobert M. Hurt,James M. Hurt and A.B. Hurt with my Daughters Rebeccawife of W. E. Mitchum;represented by her children James Mitchum,Ervin Mitchum, Jr.,Albert Mitchum and David Mitchum, with their sisterElizaMitchum; that the five named shall constitute one heir andreceivethe one share to which their mother would have beenentitled had shelived. It is my will that the children of mydeparted son David Hurt,to wit: Albert W. Hurt, Tennessee Hurtwife of James Clements,Philemon Hurt, Elizabeth Hurt andWilliam J. Hurt; that the last fivenamed constitutes one heir;and that the five receive that portion ofmy estate which my sonDavid would have done had he lived. My daughterElizabethMitchum wife of L. F. Mitchum, my daughter Martha Ray wifeof F.M. Ray, my daughter Jane B. Hurt wife of J. C. Yancy, mydaughterSarah Collins wife of E. A. Collins, and my daughterEliza Hurt. It ismy will that the ten heirs here mentioned fourBoys and six Girls(after taking out the advancement of eighthundred dollars made toJames M. Hurt) in the generaldistribution of the residue of my estatewhich shall take placeimmediately after the death of my said wife:Shall all heirequally: Share for Share:Article 12 Explination [sic]in the event that my daughter Eliza shall notmarry during thelifetime of her mother my said executor shallpay over to her inaddition to her equal interest in the generaldivision the one thousanddollars named and provided heretofore.I have now disposed of all myestate; I have done it to suitmyself and it is my Will that thisinstrument shall be construde[sic] inno other wise according to theplain import of thelanguage used: Article 13An after thought. It is myWill that when the present businessarrangements shall be broken upwhich must necessarily be attheend of the year that the one thirdpart of my stock of Hogs andCattle go to the support of John Hurtsfamily and also the onethird part of the plantation tools, and alsothe one third partof tall the crop on hand including that made on hispart of theland be applied to the same purpose except the Cotton renton myland, which shall be exclusively mien. I also except mylargewagon. Out of myportion of the cattle, I give my DaughterElizaHurt one Cow and Calf. The business arrangement alluded toaboveis that with John C. Hurt and myself. Article 14It is my Willthat my said Executor after paying my just debtsshall use what moneymay be left that which he may collect formy estate as far as shall benecessary in accordance with theprovisions of this will for the useand comfort ofmy said wifeand Daughter Eliza and should he receivemore than is necessaryfor that, it is my will that he should put outthat amount atinterest until the death of my wife. Article 15In mydiscretion about the division of our crops I omitted tostate that thecotton growing on John Hurts part of the landwas exclusively hiswhich is so. Explination [sic] this will waswritten by my GrandDaughter Mattie Mitchum and was severaltimes distinctly read to me byher, in testimony of all which Ihereunto set my hand and affix myseal in this the year of Lord1879. April the 11th. J. M. HurtTest. J.T. Hurt, Sr. J. T. Hurt, Jr. Robt Y. MooreCarroll County, TennesseeWill Book Vol. B; p. 104-108.
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