last will and testament - david mcnair of the cherokee nation

8/9/2019 Last Will and Testament - David McNair of the Cherokee Nation

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Last Will and Testament

David McNair

I David McNair of the Cherokee Nation now Bradley County, State of Tennessee, knowing the uncertainty of life and

the certainty of death, and being of a sound and disposing mind & memory do make this my last WW and TestamentIn manner and form following. (to wit)

I give and bequeath my soul to God who gave it, and I desire that my body be decently buried.

2nd. It is my desire that my funeral expenses shall be paid out of my Estate.

3rd. I give and bequeath to my beloved wife Delila Amelia McNair, the following property which I received from herfathers estate, (to wit) Davy and his wife Minty and their children (to wit) George, Betsy. Davy, Lewis and Maria; alsoanother negro woman named Phoebe, all Slaves for Life; also a certain claybank Horse presented to her by her SonIn Law David Vann. Also the farm where I now live, together with the farming utensils & household kitchen furniture,beds and bedding of all sorts, excepting that part which may hereafter be provided for; during her natural life,Provided the said farm is held by reservation, under any Treaty heretofore made, or which may be made hereafterbetween the United States and the Cherokee Indians, if the same should not be held by reservation, but valued underthe provisions of any treaty made or hereafter to be made, she shall be entitled to said valuation.

Also an equal divident of all my property after making the following bequests, in this my last Will and Testament. Andwhereas I have heretofore distributed part of my estate between my several children (to wit) my daughter Betsy, mySons James V. McNair, Nicholas B. McNair, Mary V. Rogers & Martha Vann, and whereas I give and bequeath to myson Clement McNair over and above his divident certain property hereafter to be named In the ninth bequest of thismy last Will and Testament, in order to make his share equal with the shares heretofore given to my other sons (towit) James & Nicholas.

4th. I give and bequeath to my beloved daughter Betsys use during her life time, with the reversion of the same ather death to her six oldest children (to wit) Amelia Bean, David Bean, Gustavus Beau, William Bean and Mira NeelyBean, an equal divident of my estate after the bequests heretofore made, or that may hereafter be made in my lastWill and Testament.

5th. I give and bequeath to my son James Vann McNair, an equal divident of my estate after the bequeathsheretofore made, or that way hereafter be made in my last Will and Testament, in addition to the property be hasheretofore received from me.

6th. I give and bequeath to my son Nicholas Byers McNair an equal divldent of my estate after the bequestsheretofore made or that may hereafter me made in this my last Will and Testament in addition to the property he hasheretofore received from me.

7th. I give and bequeath to my beloved daughter Mary Vann Rogers an equal divident of my estate, after thebequests heretofore made or that may hereafter be made in this, my last Will and Testament, in addition to theproperty she has heretofore received from me.

8th. I give and bequeath to my beloved Martha Vann, an equal divident of my estate after the bequests heretoforemade or that may hereafter be made in this last Will and Testament, in addition to the property she has heretoforereceived from me.

9th. I give and bequeath to my son Clement Vann McNair the following property (to wit) TheNegro Slaves for lifenamed Moses, Amy and Riley, also six cowsand calves, and Stock Cattle to amount in all to twenty-six in number;also four or five horses.; also sheep and hogs, household furniture, all to be equal in value to what my sons Jamesand Nicholas McNair have had heretofore. Also the farm upon which Revd. H.G. Clauder now lives, together with asufficiency of farming tools to work said farm, and also an equal divident of my estate not heretofore bequested.


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10th. It I. my will that my friends Samuel Mcconnel, together with my two sons James V. McNair and Nicholas B.McNair, be Executors of this my last will and Testament.

Signed, sealed and acknowledged to be my last Will and Testament, this 4th day of June 1836.

David McNair Seal

In presence ofHamilton BradfordDavid Cunningham

X (his mark)

On this the 5th day of July 1836, I David McNair having considered the foregoing last Will and Testament made bymyself and dated 4th June 1836 and attested by Hamilton Bradford and David Cunningham do now make this Codicilto the same and whereas In the 3rd Bequest of said Will I gave to my beloved wife Delila Amelia McNair the farmon which I now live, or the valuation of the same if valued under any Treaty now made or which may be made, andsince the date of said Will said farm has been valued by the Agents of government under the late Treaty to upwardsof $10,000 dollars, and the valuation made sartain and being desirous that an equal distribution should be madeprevious to my heirs emigrating to the West, it is therefore my will that each of my children sons and daughtersnamed in the foregoing Will, shall have one thousand dollars of said valuation in addition to the bequests heretoforemade to them and my wife Delila Amelia McNair, to have the residue of said valuation, also to have a good newwagon and six horse team together with the gearing of same, also a good carriage and harness, I also wish her tohave a negro man named Mack in place of George as she owns his wife, and that George be put up in the division ofthe balance of the negroes, also to have the bequests heretofore made to her, except the six thousand dollarsdevised to my six children.

I also confirm the 4th bequest of the foregoing will to my daughter Betsy only that each of her children named in saidbequest to have their proportion of the same as they come individually of lawful age, it is also my will that my saiddaughter Betsy shall have a negro girl slave for life now in her possession named Hager during the life of my saiddaughter Betsy with a revision at her death, together with her increase, to her children.

It is also my will that my Executors shall sell all the property not named in the foregoing will which cannot be dividedor removed to Arkansas with advantage hereby confirming every part of the foregoing will, except the alterationsmade in this codicil. I also wish my two sons in law William Rogers and David Vann added as Executors to this mylast Will and Testament.

Signed, sealed and acknowledged to be my last Will and Testamenton the day and date above David McNair Seal

In presence of

Lemuel Childers X (his mark)

Flemuel Childers

Cherokee Nation New Echota

Personally appeared Lemuel Childers and Flemuel Childers before John Ridge President of the Committeedesignated In the late Treaty between the linked States and the Cherokee Nation East of the Mississippi and afterbeing duly sworn deposeth and saiththat they were requested by David McNair to witness the foregoing Will andTestament of him the said David McNair or the codicil to said will which confirms the said foregoing will on the day Itbears date that he acknowledged it to be his last Will and Testament In their presents.


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Flemuel ChildersLemuel Childers X (his mark)

Sworn to and scribed tobefore me this 4th day

of Sept. 1837John Ridge Prest. Committee

last will and testament - david mcnair of the cherokee nation

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