To my wife Sally, my lands called my homeplace (450 acres) adjoining the lands of Joseph L. Holland, J. Middlebrooks, and William Ussery, bought by me from Robert M.J. Mitchell. Robert F. Mitchell and Ransom Mitchell. Also, to my wife: 9 negroes: Old Jack and his wife Rose; Peter Dilsey and her child Randel; Freeman; America and her two children Becks (Decks?) and Mose; also all my hogs and cattle, 1 yoke oxen and 1 oxcart, 2 horses, 3 beds and bedsteads,one half of my bedclothing, all my geese,etc. Remainder of my property to be sold by the Executor on credit of 12 months. Pay debts due, then divide the balance into 9 equal shares: daughters- Nancy Cheasman Singleton, Sally Hammock, Julia Maddox, Sophia Maddox, Caroline Maddox, and (Mary Ann) Polly Isham Driver; Son- William; Children of my deceased son John Ussery and children of my deceased son Lemuel P. Ussery. If my wife has a competent child before my death, my wife is to provide for it out of her portion. I nominate friend Robert I. Hardeman to by Executor. Witnesses: Daniel Leslie, David D. Mitchel, George Tillman. Subscribed in court 22 Sept 1845; Gilbert E. Thigpen
Lemuel P. Ussery's minors:Jeremia G. Smith appointed Guardian of Frances, William, Jeremiah G., Harriet and Sophronia Ussery.Bond Arranged Nov. 5, 1845.
Balsam Peters was appointed Guardian of the person and property of John Ussery, minor orphan child of John Ussery, Jr., dec'd. Recorded Dec. 10, 1845.
William G. Maddox appointed Guardian of the person and property of Zachariah Ussery and William Ussery, minor and orphan of John Ussery, Jr.,dec'd. Recorded Dec. 10, 1845.
The Will of John Usry of Warren Co., GA Dated 11 Oct 1855 stated the following: To Wife Elizabeth, all of certain lands except some sold to John L. Usry and some reserved for Ransom C. Usry on Beach Tree Creek. Sell other property, distribute to: son Daniel, $1000; dau. Elizabeth Johnson Melissy; son, Ransom C. Usry; dau. Sarah Ann Linny Sofrony; granddau. Gracy Wilcher Usry, $1000; son Francis M. Usry, guardian of minor son David L. Usry and dau. Gracy Wilcher Usry. Exec: wife Elizabeth
The Will of Samuel Ragsdale ca 1820, Claiborne Co., MS, Will Book A, page 132:
I, Samuel Ragsdale of the County of Claiborne and State of Mississippi do hereby make my last will and testament in manner and form following, that is to say I desire that all my just debts be paid by my Executor hereafter to be named; after my debts are paid. 2nd I give to my wife Annis the use of my property, both real and personal during hernatural life, and after her decease the negroes I now have with their increase to be divided equally between Edward Ragsdale, Nancy B. Truly, Patsy Crane, John M. Ragsdale and Francis B. Ragsdale. 3rd I give to my son William Ragsdale four hundred dollars to be paid by my Executor (hereafter named) when convenient in the space of seven years. And Lastley: I do hereby constitute and appoint my son John M. Ragsdale executor to this my last will and testament. Sameul (his mark) Ragsdale. Signed sealed and published and declared as and for the last will and testament of the above named Samuel Ragsdale in the presence of G. Keirn, Wm Daniel, Elijah Ragsdale.
September 19, 1823 - Claiborn Co Deeds G, Pages 269-70
I, Samuel Ragsdale of Claiborne County and State of Mississippi in consideration of the natural love and affection which I bear to John M. Ragsdale and Francis B. Ragsdale of the County and State aforesaid as well as for the further consideration on One Dollar to me in hand paid the receipt whereof is hereby acknowledged by said John M.Ragsdale and Francis B. Ragsdale at or before the ensealing of these presents.
Have give and granted and by these presents doth give and grant unto the said John M. Ragsdale and Francis B. Ragsdale their heirs executors administrators and assign, one tract or parcel of land containing three hundred and three acres (it being the land where I reside) be the same more or less, my household and kitchen furniture, my stock of horses, horned cattle and hogs together with my plantation utensils of every description to have and to hold unto the said John M. Ragsdale and Francis B. Ragsdale their heirs executors administrators and assigns forever.
And the said Samuel Ragsdale for himself his executors and administrators the said tract of land, household and kitchen furniture, stock of horses, horned cattle and hogs and plantation utensils of every description unto the said John M. Ragsdale and Francis B Ragsdale themselves their executors administrators and assigns the claim of said Samuel Ragsdale his executors and administrators and against the claim or claims of all and every person or persons whatsoever shall and will warrant and forever defend by these presents. It witness whereof I have hereunto set my hand and seal this 19th day of September One thousand eight hudnred and twenty three. Signed: Samuel (his Mark) Ragsdale in presence of G. Keirn, Wm. Daniel, Elijah Ragsdale.
Enslaved persons who were included in the appraisal of Ragsdale's property:
[John Ussery Sr's will in Book 6, beginnning of Page 98 of Lunenburg Co., VA left a negro woman named Bess and all her children to "my daughter, Annis Ragsdale". The will was written November 24, 1803. At that date Annis is already married. November Term of Court 1830 - Orphas Court Book July 1829-June 1832, Pages 222,23 & 24.
John M. Ragsdale Executor of Samuel Ragsdale in act on estate of his testator. The Executor states than an appraisement of the Estate of Samuel Ragsdale was made and left with John H Estes to be by him handed into court and recorded $5475.00 but is now found. He states that the land and personal estate was given by the testator to himself and Francis Ragsdale by deed in September 1823 except the slaves. The will give the real and personal estate to Annis testator's wife for her life and she died in December 1824. In January 1825 an equal division of the negroes took place among the legatees although the debts of the estate were not paid nor a legacy of $400 due or to been due to William Ragsdale the said legatees having agreed to contribute their respective shares to pay the debts of estate and said legacy. The executor states that the only property left by testator for payment of estate but said negroes and the sum of ? due said estate.
By deed made by Samuel Ragsdale in September 1823 vended all the -- -- estate except slaves were given to John M Ragsdale and Francis B Ragsdale hence no other description of personal property is the administrator accountable for but slaves. The slaves were divided by consent among the distributee themselves in January 1825.
Upon the agreement of the distributee to refund to pay the debts the executor permitted an immediate division. Hence this executor out of his own fund has advance them money to pay debts of estate.
The Will of John Green LWB 2:339 28 Apr 1768: Will of John Green of Lunenburg Co.: to wife Jane, his mill & 110 acres of tract where he lives, all his stock (except mare, cow & calf), all moveable effects, to be divided at his death between son James & 5 youngest daughters Jane, Ann, Peggy, Sary, Alse; to son Thomas, 150 acres where he now lives; to son James, young bay mare & cow & calf, 100 acres of tract where testator lives; to John Richey, 50 acres of tract where said son Thomas lives; remainder of tract where son Thomas lives not willed away to be sold & money divided equally between son James & 5 youngest daughters; to son William, 1 shilling 6 pence; to eldest daughter Mary Calliham, 1 shilling 6 pence; to daughter Elizabeth Gee, 1 shilling 6 pence; appoints wife Jane and sono James sole exors. Wit: William Johnson, John Chamblis, Joseph Dunman. Rec 10 Nov 1768 by sd. exor James Green
LWB2:345 10 Aug 1769 Inventory/appraisal estate John Green decd.: 14 heat cattle, mare, 2 feather beds/furniture, horse, parsel pewter, 2 butter potts, dcup, 2 juggs, spice mortor, box iron/hetters, chest & box, gunn, warming pann, 3 iron potts/2 pr hooks, 2 old axes, 2 iron wages [wedges?], coopers ax, parsel old iron, old cross cut saw, 4 old augors/gouche, old gin/parsel old laumber, old loom/slay/harness, 2 old saddles, 2 old wheels/1 spindle, 3 old pails, 7 books, pair money scales, looking glass, baxon, ponger, candlestick, 6 chears, pair old mill stones/picks, spindle horns, old steel trap, pair traces/heams, be hime, spad, smiths hammer, 5 head hoggs, 2 old sickles, grind stone; value L40/6/4 Recorded 10 Aug 1769 Sig: Thomas Moody, Francis Neblet, Matthew Organ
Executors shall give to my body a decent burial suitable to my friends and relatives, pay all my expenses, together with my debts, of the first monies which come from my estate.
Item 2: heretofore advance to my daughter, ROSA USSERY, wife of ELI USSERY, the sum of two hundred dollars. To my son, SHALVOR HENRY, the sum of two hundred dollars. To my son ROBERT DEWEY HENRY, one hundred dollars counted for a distributed to my estate as hereto set out.
Item 3: Give and bequeath to ROBERT L. LAMPLEY, and SHALVOR HENRY the sum of one thousand five hundred dollars in trust for use in benefit of my three minor daughters MATTIE HENRY, age 17, ORPHA HENRY, age 14, MADGE HENRY, age 12, years. Five hundred dollars to each said daughters said trustees shall manage said sums to interest of said minors, and paid to each daughter remainder of sums if any, remains at age twenty one.
Item 4: All of the remainder of my estate which consists of notes on mortgages on land and stock of goods, wares and merchandise located in storeroom owned by H.W. LITTLE, automobile, household and kitchen furniture and other notes and accounts, and money on land I give and bequeath to the following named children share and share alike to wit. ROSE USSERY, wife of ELI USSERY, SHALVOR HENRY, LULA USSERY, wife of FRANK USSERY, ROBERT DEWEY HENRY, BERTA HENRY, MATTIE HENRY, ORPHA HENRY, MADGE HENRY, the advancements heretofore made to ROSA USSERY, SHALVOR HENRY, AND ROBERT DEWEY HENRY shall be taken into consideration and accounted for in the distribution of my estate among my said children.
Item 5: My said executors shall turn over to my trustees herein before named for MATTIE HENRY, ORTHO HENRY, and MADGE HENRY the portion of my estate herein given and bequeathed to my said children, who shall manage and benefit the said children until each said daughter arrives at the age of twenty-one years. Said trustees are authorized and empowered and directed to use such portion of said estate as may be needed for the support education and maintenance of my aforesaid daughters. Until each daughter arrives at the age of twenty one years when they shall pay over to said daughters amounts due her, my son ROBERT DEWEY HENRY has been managing my mercantile business but there has been no agreement as to what I should pay him for his services. It is my desire that he be paid a reasonable compensation for services rendered me after deducting such sums as paid him up to my death.
Item 6: Should any of my said minor children die before reaching twenty one years without leaving lawful issue then in that event it is my will and desire and I so direct that whatever monies belong to said daughter so dying remaining in the hands of trustees shall be divided equally among my said children.
Item 7: I hereby constitute and appoint ROBERT LAMPLEY and SHALVOR HENRY my lawful executors to all intents and purposes to issue this my last will and testament according to intent and meaning to every part and clause thereby. Hereby revoking all previous wills heretofore made.
Signed: 9th of August, 1919 JB HENRY J.M. COVINGTON and L.D. ROBINSON
The Will of Michael Nash Anson Co, NC Will Bk B, 140; 7 Aug. 1838 Know all men by these presents that I Michael Nash being old and feeble but of sound mind........this 7th day of August 1838..... Item 1 As to debt I owe now I will to my loving wife, Nancy Nash all my property the tract of land whereon I now live containing of six hundred and forty-five acres except fifty-five acres adjoining the land of Thos. Smith and Nathaniel Smith [these are brothers and sons of Joseph Smith b ca 1774] that I will to my daughter Sarah Ussery and my family of negroes to wit: Cate, Boss, Darcas, Hannah, Hagar, Phillis, Joe, Anderson and all my stock which I now own horses hogs Cattle sheep household and kitchen furniture and all this on conditions that she should out-live me if not at my death. Item 2 I will at my death that all of the above property and all other property which I may accumulate to be sold and the proceeds divided equally among all of my children to wit- Mary Griffin, Sarah Usry, Jonathan Nash, William Nash, Nancy Ross and I will that my son, William Nash shall be executor to this my will on conditions that he goes into court and give bond and security foir the faithful performance of his duty as an executor, and it shall be in the power of the Court to regulate his fees for his services. N B I forgot that I did not give to my two daughters Mary Griffin and Nancy Ross a horse a piece- I now will that each of them be paid out of the proceeds of my property sixty-five dollars by my executor to make the shares equal with the others given under my hand and seal the day and date above written.
Test: Wm. Allen Thomas Smith Michael (his mark) Nash proved January term 1842
I have his pension file somewhere. I will try to locate it and copy some of the info. here:[psl] His pension application says he was born Feb. 14, 1758, he lived in Guilford Co., NC at the time of his enlistment. He married his wife Nancy in 1782 in Anson Co., NC. Nancy says there was a Bible record of the children's birth's that was taken to MS by a son, Jonathan Nash. Michael Nash died Oct. 10, 1842 aged 82. In 1848 Nancy his widow moved to Union CO., NC.
(Sarah Nash married Squire Ussery in Anson County .
Know all men by these presents that I, Marmaduke Gardner, Sr., of the County of Clarke and State of Mississippi, For and in consideration of the natural love and affection which I have and do bear, to my Seven Grand children to wit: Marmaduke Gardner, Jr., Isiah Gardner, George Washington Gardner, Samuel Gardner, Benjamin Gardner, Elijah Gardner and James Gardner, Jr., Heirs of my son James Gardner, Sr., late of Barnwell District in the State of South Carolina, deceased; Have given, granted and confirmed, all them certain tracts, pieces, or parcels of land designated to each heir as follows: to wit: To Marmaduke Gardner, Jr. all that Tract of land laid down on a plat of survey, made on the twenty-fifth of December, in the year of our Lord, one thousand eight hundred and thirty five by William Burckhalter Deputy Surveyor, marked in said Plat as Lot No. 3 (three) containing two hundred and sixty three acres. To Isaiah Gardner lot No. 4 (four) surveyed for Two Hundred and sixty three acres. To George Washington Gardner, Lot No 1 (one) also surveyed for two hundred and sixty three acres. To Samuel Gardner, Lot 7 (seven) surveyed for two hundred and ninety two acres. To Benjamin Gardner Lot 2 (two) containing two hundred and sixty three acres. To Elijah Gardner Lot 6 (six) containing as laid down on said Plat and survey one hundred and eighty nine acres. And to James Gardner, Jr., I give Lot No 5 (five) containing three hundred and nine acres. I also give and convey, unto my Grand Children as aforesaid all my right, title and claim and demand to that undivided land marked on said Plat of survey as Lots No. 8 and 9 (eight and nine) said to contain one thousand twenty six acres. All of which said lands lying and being in Barnwell District in the State of South Carolina bounded on the East by lands belonging to B.M. Cave, on the North by lands belonging to John Pender, Jessie Peacock and Wiley Weathersbee, on the West by lands belonging to various persons and on the South by lands belonging to John Pender, Jessie Peacock and others more, particularly known as the lands I owned and lived upon while I resided in the State of South Carolina in the District of Barnwell.
The above described being the same tract of land mentioned in a certain instrument in writing, dated on the first day of August in the year of our Lord, one thousand eight hundred and thirty four as my last Will and Testament and intended part of their distribution share of my Estate.
To Have and To Hold all and singular the above described lots, pieces, parcels of land, unto my Grand Sons respectively as mentioned in the foregoing instrument in writing, their heirs and assigns forever. And I the said Marmaduke Gardner, do and will forever warrant and defend the title thereto, from myself, my heirs and assigns, but from no other person. In Testimony of which I have hereto set my hand and seal this 12th day of September AD 1837.
Will of Mary Ellen Usery Shelby Co., Alabama: Mary Ellen Usery, RFD 1, Shelby, Alabama, Talladega Co., Book 3, Page 462. Died near Fayetteville, 8 August 1915. Next ofkin: SameGordon, Lauderdale, Lawrence Co., Al : Rebecca Edwards, Birmingham; Sallie Tuquay, Hubbard City, Texas.
"I bequeath unto Joel M. Usery, Amos A. Usrey and Eugena Rosey, heirs of William Usrey, my deceased husband, $4 each. Under and by virtue of a claim held by me and against the said estate for $250 furnished by me as my separate property, the same being a part and parcel of the original purchase money of said estate of William Usrey paid to George Green for said estate about the year 1882, situated in Coosa County, Ala. To Lucy F. Pearson and Wiley G. Merrell, heirs of my first husband Wiley Merrell, Sr., an equal portion of all property on which I shall die seized. Mary Ellen Usrey, 4 Aug. 1915. Filed for probate 18 Oct 1915; accepted 18 Oct. 1915.
wife: Eliza M. Ussery son: Eli dau. Lucinda Braden dau. Eleanor Grider [wife of Tobias] son. Robert T. dau. Eliza Michie [David S. Michie] children: James W., Robert, John dau Mary Ann Brooks [M.C. Brooks?] deceased heirs: Sallie B. Holbrook, Caledonia R. Ussery, William P. Ussery. (all died w/o heirs) Executor nominated: Benjamin F. Houston, 4 Nov. 1859 Witnesses: Thos. P. Marsh, John W. Lane Ordered recorded, Nov. 9, 1859, S. Sally, Clerk
Abstracted Will of Nathan C. Essery Last Will of N.C. Essery, dated 8th October 1903. Listed: Wife: Hannah Jane Daughters: Mrs. Sarah Ann Denison, wife of P.R. Denison; Louisa A. Denison, wife of Sherman Denison Others: J.L.; S.W.; Augusta Evans, wife of W.W. Evans; Bell McCall, wife of A.A. McCall, heir of Catherine McCall, deceased daughter, wife of Henry McCall (See Henderson Co., TN Census Records)
Abstracted Will of William Ussery Last Will and Testament of William Ussery mentions: wife Eliza M. Ussery son Eli daus. Lucinda Braden; Eleanor Grider; Elizabeth Perkins (Ebenezer M. Perkins); Eliza Michie (David S. Michie and children: James W., Robert, John); and Mary Ann Brooks (M.C. Brooks?) Deceased Heirs: Sallie B. Holbrook; Caledonia R. Ussery; William P. Ussery (all died without heirs) Executor nominated: Benjamin F.Houston 4 Nov 1859 --Witnesses: Thos. P. Marsh, John W.Lane--Ordered and recorded Nov. 9, 1850, S. Sally, Clerk.
Abstracted Will of Robert Shotwell Father of Mary Shotwell Ussery
Monroe County, MS; Probate Book 1, page 761 Will of Robert Shotwell, Oct. 16, 1852, probated Feb. 1853:
To daughter, Mary Ussery, a slave; to daughter Alabama Harris, a slave; land to children not mentioned. Executor, Thomas Harris of Columbus, MS.
Will of Mastin Ussery, Cheatham Co., TN- wife Elizabeth Fowler (Usry Bul.71)
Abstracted; dated 18 June 1867 1. Pay funeral expenses
2. Estate to belong to wife Elizabeth so long as she lives a widow, then to the heirs; Deborah Dunn, my daughter's part to go to William J. Pegram, and Martha Porches part to her and her children; and Elizer Fulghum's part to her and Betty and Molly Fulghum part to her and her children; part to her and Betty and Molly Fulghum; then all the other children draw equal parts of the estate.
3. The wife is appointed executrix, with James B. Fulghum
Will of Mastin C. Ussery of Hardeman Co., TN (Usry Bul 74)Book 5, pg 83, 21 May 1858: After just debts are paid, residue to wife Catherine. Minor children are not named, but are to inherit after death of their mother. His brother B.F. Ussery to live on place he now resides, and to be executor for one year. Estate accounting:
Paid J.B. Hany for Henrietta and J.D. Ussery in full $399 A.H. Wood $399 J.M. Reaves (wife Lula Ussery) as attorney for J.S. Ussery $399 T.C. Lorne as attorney for J.S. Ussery $399 L.A. Smith in F.P. Ussery share $197.50 R.C. Ussery $1660.00 M.C. Ussery $1660.00 W.C. Ussery $1660.00 A.J. Ussery $1660.00 N.R. Ussery $1660.00 Wm. Achord and wife (A.A. Ussery) $1660.00 B. Bryant and wife Mary E. $1660.00 Talega Camp? $1660.00
Will of Welcom Ussery of Hardeman Co., TN (Usry Bul 74) Book 5, page 94, 10 Nov 1858
Funeral and just debts to be paid. Wife and 3 youngest children, William C., Wincey E., James S Ussery, the negroes Nap and Emily and her children (7), Grandison and Martin and Delia and George the son of Rose and Bowser and Louisa, and my girl Mary Ann, 16. To son James, the negro boy Tom All my land to the youngest children of Wincey E. and James S and and my wife. To son William, land bought of T.D. Dammouls. To son John and Frances and Sarah I. Cantwell, rest of the negroes. Have given John 1132 and Frances 1444. John D. Ussery as Executor.
Will of Mrs. Elizabeth Ann Ussery Will of Mrs. Elizabeth Ann Ussery, County Court, Hardeman County, TN, 6 Nov. 1899. Came R.W. Ussery by attorney and produced the last will and testament of E.A. Ussery, deceased, and dated 18 Sept 1899, attested by W.D. Galloway and W.N. Sparkman, and nominating R.W. Ussery as Executor.
Abstract of Will: 1. Pay Just debts 2. To daughter Matilda O. Cheshire 1/5 of my personal estate consisting of rents due me by R.W. Ussery for 1899 for the use of my plantations in Tunica Co., MS; to Junius and Gertrude Williams and Della Norment, the three children of my deceased daughter Johnnie Williams, 1/5 of all my personal estate; to Ethel and Bessie Cheshire, children of my deceased daughter Bettie Cheshire, 1/5; to Ella McCommons, child of my deceased daughter Ella Cheshire, 1/5; to Sallie R. Ussery, wife of my son R.W. Ussery, 1/5; all other personal property to my granddaughter Ella McCommons. To my daughter Mrs. Matilda O. Cheshire, 1/5 of the property in Tunica (fractional part of Section 11, Twp 6, Range 11, 349 ac and W 1/2 Sec 19,Twp 5,Range 11, and all of Sec. 24, Twp 5, Range 12); 1/5 to Junius and Gertrude Williamsand Della Norment, 3 children of deceased daughter Johnnie Williams; to Ethel and Bessie Cheshire; children of deceased daughter Bettie Cheshire, 1/5; to Ella McCommon, daughter of deceased daughter Ella Cheshire, 1/5. Recorded by Clerk, Tunica County, 18 Dec. 1899
Chancery Court: Estate of Ralph W. Ussery deceased. No. 959; attorney, J.D. Magruder; Mrs. Sue Ussery, admr. Copy of proceedings from Shelby Co., TN filed Aug. 19, 1929.