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Transcribed and submitted by Robert McGinnis, East Tennessee Cemetery Historian

Will of John Fain

In the Name of God, Amen.      

I, John Fain of Jefferson county, Tennessee, knowing the certainty of death and the uncertainty of the duration of this life and being of sound disposing mind and memory, do make and publish and declare this to be my last Will and Testament, hereby expressly revoking all former wills and Testaments and codicils thereto made, and I do hereby declares my firm faith in our Holy Christian Religion and confidently commit in the name of our Saviour, Christ, my soul to my Heavenly Father. In relation to the property with which I am blessed both real and personal, I now make the following disposition and sign my name to the bottom of each sheet hereof.

Item 1st, It is my will and desire in the first place that my just debts if any, be paid by Executors hereinafter named. 

Item 2nd, I will and bequeath unto my beloved wife, Amelia J Fain, during her natural life the following described property, to-wit: several tracts of land and parts and parcels thereof, near to and adjoining the town of Dandridge in said County of Jefferson. Beginning at a post oak on a line of said town, on the north side thereof, about forty feet east of the stable formerly owned by Dr. James Carson and thence running north 22 west thirty poles to the edge of a branch near a popular, thence up the branch north 39 west sixteen poles, thence north 48 west 12 poles, thence north 60 west 38 poles to a white oak, thence north 43½ west 70½ poles with Nathaniel Hoods’ line to a small post oak and pine on the line of the M Campbell tract, thence with said line north 72 east 62 poles to the middle of the big road, thence with said road north 21½ west 34 poles to the line of carding machine tract, thence north 72 east 24 poles crossing a branch to a walnut stump, thence north 67 east 58 poles to a black oak corner of the carding machine tract, thence north 60 west 124 poles to a rock corner on a ridge Gilbreath’s line, thence south 45 west 211 poles to a corner of the poor farm, thence west 19 poles to a sycamore on the west side of the Mossy Creek road, thence with said road north 65 west 72 poles to a large white oak tree, the one mile tree, thence north 53 west 13 poles to a stake, thence north 7 west 16 poles to a stake, thence north 37 west 74 poles to a pine on the edge of the road, thence north 40 poles to a stake near a black oak, thence north 30 west 58 poles to a black oak in the fork of the New Market and Mossy roads, thence north 67 west 13 poles to Shields line, thence west 178 poles to two post oaks and a chestnut, thence south 96 poles to Bradford’s line, thence east 51 poles to a large white oak supposed to be Bradford’s corner, thence south 176 poles to a hickory, Bradford’s corner, thence east 54 poles to a stake pine and black oak, thence south 16 west 44 poles to a stake, Roper’s corner, same course continued 32 poles to the Knoxville road, thence south 70 east 30 poles to a stake in said road, thence south 78 east 123 poles to a stake near the mile tree on said road, thence north 10 east 29½ poles to a post oak and black jack on the top of the ridge, thence north 75 east 136 poles to a large white oak on a hillside, thence south 60 east 63 poles to a stake, thence south 26 east 27 poles to a stake, thence south 55 west 40 poles to a stake, thence south 43 east 68 poles to a stake, thence north 46 east 60 poles to a stake, thence north 40 west 22 poles to a stake, thence with said town line 76 poles to the beginning, supposed to contain Eight Hundred acres. One other tract, beginning on a popular near the edge of a branch leading past my spring and passing through said town, thence north 64 east 19½ poles to the west corner of the grave yard, thence south 16½ east 13½ poles to a pine the south corner of the grave yard, thence south 32 ½ poles to a pine, thence south 21 east 13 poles 86 links to a large pine, thence south 25 east 14 poles to a stake, thence south 71 west 27 poles crossing the branch to a post oak on said town line, thence north 25 west 28½ poles to the beginning, containing about 8½ acres more or less together with all the improvements thereon and the first tract includes my dwelling house and other buildings thereto appertaining. Also my large island lying and being in said county of Jefferson, in the French Broad River, except one hundred acres thereof, which I purchased of Dr. William Moore, also my Burch Island, also from one hundred and fifty to two hundred acres to be taken off of the upper end of the farm, I purchased of William Myers on the south side of French Broad River in said county to be laid off by my Executor hereinafter mentioned to the best advantage of all parties concerned, also fifty acres adjoining said Moyers tract which I purchased of Joseph Hamilton, being the one half of a tract of one hundred acres granted by the State of Tennessee to said Hamilton and said William Moore and being in said county, also one other tract of land lying in said county which I purchased of Joseph H Martin and being only a part of the tract I purchased of said Martin. Beginning on two small white oaks from one root, a corner to Andrew Edgar, deceased, a fifteen acre tract, thence eastwardly with the line of the fifteen acre tract I purchased of said Edgar, two poles, thence south 60 east to the big road leading from Dandridge to Mount Horeb, thence with said big road to the line of the McCampbell tract, thence with said line north 60 west one hundred and seven poles to a rock corner on the top of the ridge and thence with a line of the Gilbreath tract to the beginning. The residue of said tract I purchased of said Martin, I give to my son, William D Fain, his heirs and assigns forever. I also give and bequeath to my said wife fifty acres of land lying and being in said county on the south side of the French Broad River and commencing on the bank of the same and to be laid off to her by my Executors out of a 200 acre survey being above the Craig farm above that portion hereinafter given to my son, George A Fain, all of which said tracts and parcels of land to have unto my said wife during her natural life. I also bequeath unto my said wife, during her natural life, the following Negro slaves, to-wit: Lewis and his wife, Rebecca and their children, Sarah, James, Andrew and Fanny and their increase; Solomon and his wife, Ann and their children, Nancy, William and Miranda and their increase to have and to hold during her natural life, Tom and his wife, Dorcas and their son, Samuel and daughter, Sarah and also George, otherwise called Duke and also Carson, a son of Tom and Anderson and his wife, Dinah, likewise to have and to hold during the natural life of my said wife. It is my wish and express desire that Tom and his wife, Dorcas, remain together where they are and that they be not separated under any consideration whatever and that if they should life to be very old and infirm that they be comfortably provided for and well taken care of and in consequence of their faithful services, honesty and Christian like conduct, I leave to them in the hands of my Executor as their Trustees, the sum of One Hundred to be paid and expended for them as my Executors may think best and at such time as they may mostly need the same. I also give and bequeath unto my said wife, all my household and kitchen furniture and as many of my farming tools and implements as she may need, one carriage and four horses or mules and gearing, one set of carriage harness, one wagon, one two horse wagon and gearing, all the corn, oats, wheat, hay, fodder, bacon, pork and every other kind and description of provisions which may be on hand at the time of my death and also as many of my cattle, sheep and hogs as she may need and the residue to be disposed of by Executors in any way they may think best for the benefit of my children. I also give my said wife, five mules to be taken out of my lot of mules which may be on my island below Dandridge at the time of my death, also five sets of gearing and the wagon that is used on said island. I also give and bequeath unto my said wife, a Negro child called, Phebe Ann, a child of Nancy, during her natural life and also two good carriage horses.

3rd, I give and bequeath unto my son, William D Fain, his heirs and assigns forever, my Craig farm, lying in said County of Jefferson on the south side of French Broad River, containing about two hundred and eighty acres, to be the same more or less, also the lands which I purchased of James Taff, administrator of John Brimer, dec’d, sold by order of the court adjoining said Craig farm and in said county containing about three hundred and eighty acres, also the residue of one hundred acres which I purchased of Joseph Hamilton lying in said county on the north side of said river, near said town of Dandridge to include a small piece of land bounded by the big road, the carding machine tract and the above mentioned land, in all about ninety two acres, also my Gilbreath farm in said county, containing about two hundred and fifty acres and bounded by the lands of Andrew Edgar, dec’d, my Morrow farm and other, also the fifteen acres of land I purchased of said Edgar adjoining the Galbreth farm and also all my lands which lay on the east side of the big road leading from Dandridge to New Market being the lands I purchased of William Morrow and John P Shields adjoining the lands of James Corbet & others. I hereby except out of said bequest the forty-four acres that I purchased of Mitchell, also the town lots in the Town of Dandridge, known in the plan of said town as lots, 38, 49 & 37, also a small piece of the lat not sold to James Hickman of about 14 feet together with all the buildings thereon, being the same lots whereon my old dwelling house and storehouse are standing. Also my land from the main street of said town of Dandridg to the French Broad River and down the same to W R Caswell’s to a spring. And as the one third of the profits of the store of John Fain & son, belongs to my said son, William D Fain, I hereby give him the one third of the original capital of said firm, which I advanced at the commencement of said firm. I also give and bequeath unto my said son, William D Fain, my Negroes, Eli, Lynis, Alexander, Jane a daughter of Tom and her children, Jacob, Mary and Malinda.  

Item 4th, I give and bequeath unto my son, Samuel N Fain, his heirs and assigns forever, the tract of land, formerly owned by Andrew Henderson, supposed to contain two hundred and six acres, also the tract of land that I purchased of Andrew Henderson by deed bearing date of 3rd day of January 1826 adjoining the land of R H Hynds & others and contains about two hundred and twenty-three acres, also the tract of land I purchased of James C Shadden, containing one hundred and twenty-four acres, also the tract of land that I purchased of Joseph Shadden containing one hundred and twenty-six acres, more or less, also one other tract of land containing one hundred acres, that I purchased of William Moore, all of which said land lie in said County of Jefferson, the north side of French Broad River and lay adjoining each other and bounded by the lands of Robert H Hynds and others. And I also give and bequeath unto my said son, Samuel N Fain, the following Negro slaves, to-wit: Martin and his wife Esther, and their children, Mahala, Granberry, Alexander, Martin, Sally or Elizabeth a child and Mary and her children, John and Louisa and also John R and Henry and also their increase of said Negroes to have and to hold to himself, his heirs and assigns forever. I also give and bequeath unto him my tanyard field, lying at the west end of said town of Dandridge, bounded on three sides by roads and lanes and the line of said town on the east side to have and to hold to himself, his heirs and assigns forever. Also my mills in the French Broad River and about from two to two hundred and thirty acres of land lying mostly on the south side of French Broad River whereon said mills are situated including the small island to which the dam of said mills extends and the small island opposite or above that one and said land to include the spring at the river bank or near thereto, the stable and dwelling house that I have just built above said mills near to said river, then to be included a fifty acres entry or grant which I purchased of N B Swann, also fifty acres granted to my by the State of Tennessee and all to include about one hundred acre grant being the balance of the same not hereinafter disposed of, to have and to hold the same to himself, his heirs and assigns forever. I will to him and his heirs forever, one town lot in the town of Cleveland in Bradley County, a corner lot on public-square adjoining lot No. 14. 

Item 5th, I give and bequeath to my daughter, Elizabeth J King and the heirs of her body forever, the following town lots in the town of Madisonville, in Monroe County, to-wit: lots No. 28, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 56 and 83 and also the tract of land which I own adjoining said lots containing eighty acres and lying in said county of Monroe, also one other tract of land lying in said county in the Hiawassee District being on the second township, twenty-sixth section and southwest quarter of said section range east of the meridian and said land includes a large spring and adjoins Stokely’s lands near said town of Madisonville and also one hundred and sixty acres which I purchased of Samuel Becknell, lying in said county of Monroe and on the road leading from Madisonville to Morganton and called quarter. Also the following Negro slaves, to-wit: Juda and her children, Elizabeth, Solomon and Eliza Jane, also Catherine, granddaughter of Martin and all their increase and also all the personal property I have her may hereafter give her and also one lot of land in the town of Madisonville, in said county of Monroe and known on the plan of said town as lot No. 23, containing one fourth of an acre and deeded to me by deed from Samuel Becknell bearing date of the 5th day of September, 1845.

Item 6th, I will and bequeath unto my daughter, Martha G Ross and the heirs of her body forever, one tract of land lying and being in the County of Bradley in the State of Tennessee, bounded by the lands of Capt. William Grant & others, containing about one hundred and sixty acres, being the same land that I purchased of Luke Lea and lying near the town of Cleveland, also the following town lots in the town of Cleveland in said County of Bradley and being lots know in the plan of said town as lots, No. 121, 98, 122 and 123, except such of said lots as I have sold to Paschal Carter. Also a tract of land in said County of Bradley granted by the State of Tennessee to P J G Lea and by said Lea conveyed to me, containing one hundred and sixty acres, situated in the first range west of the base line, second township, thirty-fifty section, being northwest quarter of said section, also the following Negro slaves, to-wit: Tom, Altamira, Darthula, Cornelius and Greenberry and at her request I have given her three hundred dollars for and in the place of the negro boy, George A., and all the increase of said Negroes, to have and to hold, she said Negroes and their increase to my said daughter, Martha G Ross, as long as she may live and then said Negroes and their increase, I will and bequeath to the heirs of her body forever. I also give her all the personal property and money which I have or may hereafter give her. 

Item 7th, I will and bequeath to my daughter, Margaret J Fain, and the heirs of her body forever, the sum of Two Thousand, Five Hundred Dollars in cash and in cash notes well secured, also five hundred dollars in furniture and other articles which she may need including one horse to be worth one hundred dollars, also my Denson farm, lying and being in said County of Jefferson in what is called the Beaver Dams, containing Eighty-six acres, more or less, and also the tract I purchased from Francis A Denton by deed bearing date the 1st day of February, 1850, adjoining the said Denson farm, the Jacob Denton tract hereinafter willed to John N Fain & in said county. Also the following Negro slaves, to-wit: Hagar and her children, Adaline, Emeline, Houston and Julia and Peggy a daughter of Tom.  

Item 8th, I give and bequeath to my daughter Mary E Fain and the heirs of her body forever, Two Thousand Five Hundred Dollars in cash and in cash notes, well secured and also Five Hundred Dollars in furniture or in other articles which she may need and including one horse to be worth One Hundred Dollars, also the following Negro slaves, to-wit: Cassa and her children, Priscilla, Joseph, Jane and Cordelia, Zachary T Blount and all their increase, my David Bettis farm of 150 acres adjoining the lands of Jas T Gass, lying in said county of Jefferson.

Item 9th, I give and bequeath to my son, Samuel N Fain, the one third of the original capital and the one third of the profits of the partnership firm of John Fain & Son and I also will and bequeath to my sons, Samuel N and W D Fain, the one third of the original capital and the one third of the profits of said partnerships firm, but in trust for the use and benefit of my family, to be by them expended in such manner and at such times as they may mutually agree and think best and proper. 

Item 10th, I will and bequeath to my son John N Fain and his heirs forever, my Hoskins farm, lying in said county of Jefferson, adjoining the lands of Gardner Whalen Samuel Carmichael, John Cox & other, also my Jacob Denton farm, lying and being in the said county of Jefferson on the south side of French Broad River in what is called the Beaver Dams, bounded by the lands of Joseph W Headrick & others, being all the lands I purchased of Jacob Denton, also my William French farm, lying in said county of Jefferson containing about five hundred and forty acres, adjoining the land of Benjamin Henry and others, also the following Negro slaves, to-wit: Harry, Pinckney, Amanda and her children, Wallace and Harrison and Robert Wear and George A. children of Jane and all their increase. I also will to my said son John N Fain, one horse to be worth One Hundred Dollars.

Item 11th, I will and bequeath unto my son, George A Fain, his heirs forever, one hundred acres of land lying in said County of Jefferson on the lower end of my big island on said French Broad River and being that part of said island not heretofore bequeathed to my said wife and that part of said island which I purchased of William Moore, also fifty acres of woodland lying in said county on the south side of said river opposite said hundred acres to be laid off of a two hundred acre grant I own opposite said island, also forty-four acres in said County of Jefferson, which I purchased of James Mitchell by deed dated the 1st day of June, 1848 and bounded by the poor farm and the lands hereinbefore willed to my wife and lying along the east side of the big road leading from Dandridge to New Market, also one horse to be worth One Hundred Dollars, also the following Negro slaves, to-wit: Pryor, Preston, Charlotta and her children, Jane, Ann and George W and Susan a daughter of Jane and also her son, Joseph B and their increase. Also I will and bequeath to my said son, George A Fain and his heirs forever the remainder of the lots in the town of Dandridge, known in the plan of said town as lots No. 33 and 36 and being the parts of said lots not sold to John J Lane and also the bill single, executed by said Lane for the purchase price for the parts of said lots and all the benefit I have to secure the payment of the same of Two Hundred Dollars in said bill single specified in a Deed of Trust executed by said to J P Swann for my use and benefit which said Deed of Trust conveys to said J P Swann the parts of said two lots to secure the purchase price thereof. Also the lot I purchased of said Lane lying above the Methodist Church at the east end of said town of Dandridge, to have and to hold to him, his heirs forever. I also give and bequeath to my sons, John N Fain and George A Fain, their heirs and assigns forever, my brick store house and the wooden dwelling house and all my lots of land in the town of Kingston in Roane County, Tennessee, also my island in the Tennessee River, above the mouth of Clinch River in said county of Roane, containing Five Hundred Acres more or less. It is my will and desire that said son, George A Fainl live with his mother during her natural life and that he manage her affairs, carry on her business and take care of her and her property and if he do this for and during the space of her natural life of my said wife, then in consideration thereof, I hereby will and bequeath to him and his heirs forever, the part of my island willed to my said wife and also all that portion of my William Moyers farm hereinbefore willed to my said wife and the fifty acre tract that I purchased of Joseph Hamilton adjoining said Moyers farm to have and to hold the same from the death of my said wife to him and his heirs forever upon the condition aforesaid and should my said son comply with this request in taking care of his mother and property, living with her and managing her business, then I also will and bequeath him at the death of my said wife, all the household and kitchen furniture, that may be on hands at that time.

Item 12th, I will and bequeath unto my said son, Samuel N Fain, and his heirs forever, one lot and a part of another lot of land in said town of Cleveland, known in the plan of said town as lots No. 33 and 14, also one tract of land in Monroe County, Tennessee, near the town of Madisonville, containing one hundred and sixty-one acres and lying on the road from said town of Madisonville to McGhee’s Ferry to hold in trust for the purpose of educating my two grandchildren, John F Ross and Samuel Ross. I hereby direct and empower my said son, to apply the rents and profits of said lots and tract of land to the education of my said two grandsons as he may think it best or so much thereof as may be necessary and should my said son, Samuel N Fain think it best to sell the said lots and tract of land and loan the proceeds or otherwise invest the same, it is my will that he do so and to make the purchase title, deeds to the same. I hereby empower my said son to expend the rents and profits of said lots and tract of land or the proceeds or issues or the investments should he sell said lots and tract of land to the education of said John F and Samuel V Ross so far as he shall deem right and suitable and the remainder of the proceeds or rents and profits of said lots and tract of land, my said son may apply to the use and benefit of my said daughter, Martha G Ross or to her heirs as he may think best to the interest of the said Martha G Ross and her children. My said son may use in the manner aforesaid the proceeds of the said lots and tract of land and may sell and apply the proceeds in like manner, but the whole management of said lots and tract of land shall be at the discretion of my said son and he may pay one and expend the proceeds where and in what manner he may choose so that the same shall be applied as above specified and he may if he chooses use the whole of the proceeds of said property for the benefit of said Martha G Ross and her children.

Item 13th,  I will and bequeath unto my son, William D Fain, out of the sum due me from George L Gillespie, W S McEwin, Robert N McEwin, due by bill single bearing date the 31st day of July, 1845, Two Thousand Dollars in trust for the use and benefit of my son, Thomas G Fain, the interest of which said sum my said son, William D Fain may expend for the use and benefit of my said son, Thomas G Fain, annually as long as he may need the same. It is my will and I hereby direct that my said son, Thomas G Fain, shall never have the management or control of said sum of money, but that the management and control of the same be had and held by my said son, William G Fain and should my said son William D Fain, die, before my said son, Thomas G Fain, then I hereby vest my son Samuel N Fain with all the rights, powers and responsibilities in regard to this bequest with which my said  William D Fain is vested with. It is my will that said sum of Two Thousand Dollars be kept loaned at interest at interest so long as my said son Thomas G Fain may live and that the same be kept loaned on such security that said sum will not be lost or diminished and for the trouble of loaning and managing the same, it is my will that my said son, William D Fain, have ten percent out of the net proceeds of said sum. Should my said son, Thomas G Fain die leaving issue, then said sum of Two Thousand Dollars shall be equally divided amongst his children, but if he should die without issue, then I will that the said sum of Two Thousand Dollars be equally divided amongst all my said children. In this bequest it is my will that my son William D Fain have only ten percent of the net proceeds of said sum of Two Thousand Dollars, which he shall both collect and expend for the use aforesaid that is the interest which he may collect and pay out. 

Item 14th, I will and direct that my Executors out of the sum due me from said George L Gillespie, W L McEwen and Robert N McEwen, loan at interest on such security so that the principal will never be lost or diminished, the sum of Four Thousand Dollars, the interest of which said sum I hereby will shall be paid annually to my said wife or to her use; and it is further my will and I hereby direct that my Executors keep said sum of Four Thousand Dollars loaned to said George L Gillespie, W L McEwen and Robert N McEwen so long as they may desire to keep the same provided they shall annually pay the interest due on said sum and also provided the said sum can be well secured by them. And at the death of my said wife, I will that said sum of Four Thousand Dollars be equally divided amongst all my children, except my said son, Thomas G Fain. But if said sum should be kept loaned to said George L Gillespie, W L McEwen and Robert N McEwen, then I hereby direct that they shall have twelve months from the death of my said wife in which time to pay said sum of Four Thousand Dollars. 

Item 15th, I will and bequeath unto my four sons, to-wit: William D Fain, Samuel N Fain, John N Fain and George A Fain, jointly and to their heirs forever, all the lands I purchased of John Smith, of Abraham Slover, of Isaac Smith and the land covered by a grant the State of 150 acres and all of which said lands lay adjoining each other in said County of Jefferson on both sides of Muddy Creek adjoining the lands of Jacob Aily and others. 

Item 16th, I will and bequeath to my son, George A Fain, my Jacob Miller farm, lying in said County of Jefferson on the north side of Muddy Creek and adjoining the lands I purchased of Abraham Slover, the land of Jacob Ailey & others, containing about two hundred and ninety-five acres, to have and to hold the same to himself and his heirs forever. 

Item 17th, In addition to the bequests hereinbefore made to my daughters, Margaret J Fain and Mary E Fain, I will and bequeath unto each of my said daughters, Margaret J Fain and Mary E Fain, the sum of Five Hundred Dollars. 

Item 18th, Whereas David A Deadrick now owes me the sum of Fifteen Hundred Dollars, evidenced by bill single and the payment of which is secured by deed of trust conveying for the purpose of securing the same, a lot in the town of Knoxville and in consideration of the kindness shown me by the father and mother of said Deadrick, it is my will that if the said David A Deadrick wishes to keep said sum of money by paying the interest annually, that he do so for the span of six years after my death and should he choose to keep the said sum, then I hereby will that my said son, William D Fain, collect the interest annually from said Deadrick and pay the same to my said daughter, Martha G Ross in such manner as may be most convient to her benefit and at the expiration of six years after my death, I will and bequeath that said sum may be by my Executors collected and that the same be equally divided between my four daughters, Martha G Ross, Elizabeth J King, Margaret J Fain and Mary E Fain and my granddaughter, Elizabeth J Fain. But should said Deadrick not choose to keep said sum of money for the space of six years after my death by paying the interest thereon annually, then as soon as the same may be paid to my Executors, I will that said sum be divided equally amongst my said four daughters and granddaughter as aforesaid. 

Item 19th, I will and bequeath unto my said wife, my sons, William D Fain and Samuel N Fain, my John, the Blacksmith, for and during the term of the natural life of my said wife, if he is kept at the blacksmith trade and it is my will that during that time if said boy is kept at the Black smith trade, that he work for all of my family in common in Black Smith work or for so many as may live and reside near enough to have work done by him, but at the death of my wife or during her life should said boy not be kept at the Black smith trade, then I hereby will my said boy, John to my son George A Fain, his heirs and assigns forever.

Item 20th, I will and direct that I should have unfinished at my death any improvements previously commenced that my Executors hereinafter named shall finish the same and also that they make all necessary repairs to any of my property not specifically bequeathed. 

Item 21st, I will and bequeath unto my four sons, William D Fain, Samuel N Fain, John N Fain and George A Fain, after the death of my said wife all of my lands hereinbefore willed to my said wife during her natural life, except so much of the same as I have herein willed to my son George A Fain, on condition as hereinbefore expressed, supposed to be Eight Hundred acres to have and to hold to them and their heirs forever.

Item 22nd, I will and bequeath unto my said son, Samuel N Fain and his heirs forever after the death of my wife, my Negro man, Anderson and his wife Dinah and I hereby also will to him & his heirs forever all of the stock of every kind and all the provisions of every kind and all of the utensils and implements used on the farm where on my Negro man, Martin, now lives. 

Item 23rd, I will and bequeath after the death of my wife, my Negro man Solomon and his wife, Ann and Lewis and his wife Becca, to my said son, George A Fain & his heirs forever and my boy George Duke to my son, William D Fain, his heirs forever and George Anderson, a small boy and a son of Eliza, to my son Samuel N Fain & his heirs forever. 

Item 24th, After the death of my said wife, I will every species and all kinds of my personal property which may be on hands except such as I have hereinbefore bequeathed and also except the Negroes hereinbefore willed to my said wife during her natural life and except the farming tools and implements of every kind and description, used on the farm, which may then remain of my estate, which I hereby will to my said son, George A Fain, shall be sold by my Executors on twelve months time and the proceeds thereof equally divided among my four daughters, Martha G Ross, Elizabeth J King, Margaret J Fain and Mary E Fain and their heirs forever. And that all of my Negroes hereinbefore willed to my said wife during her lifetime, except such as are hereinbefore disposed of, I will should be divided amongst all of my children, except my said son, Thomas G Fain, by William Brazelton, William H Moffett and George L Gillespie at the death of my said wife. And it is my will that they divide said Negroes at the death of my wife and also the increase of said Negroes amongst my said children, except said Thomas G Fain in an equitable manner taking into consideration the wants and deserts of my said children and it is not my will that said Brazelton, Moffett and George L Gillespie merely make an equal divide of said Negroes at that time, but that they make the division amongst my said children with the exception aforesaid according to the wants and deserts, the misfortunes and needs of my said children as they may deem equitable and just, taking into view all the surrounding circumstances. And I abhor selling my Negroes at public sale, I hereby direct that none of the Negroes willed to my said wife during her life shall be sold out of my family. 

Item 25th, As Dr. George M Crookshanks is the only surviving maker of a note executed to me by Isaac A Rodgers, Thomas Rodgers, Peter Harrison and said Crookshanks, it is my will that my Executor release said Crookshanks from the one half of the balance due on said note as he had acted faithfully and honestly in and about that transaction. 

Item 26th, I give and bequeath to my Negro man, Solomon and his wife, Ann, in consideration of their faithful services and strict adherence to truth, jointly the sum of Twenty-Five Dollars to be paid to them by my Executors in such articles as they may need, I also give in like manner to my woman, Becca, the sum of Fifteen Dollars to be paid in like manner. 

Item 27th, I hereby nominated and appoint my two sons, William D Fain and Samuel N Fain, Executors of this my last Will and Testament. I hereby authorize and empower them to act as such without giving bond and security and in case that either of my said Executors should die or refuse to qualify or act, I hereby empower the other to execute this my last Will and Testament as fully and completely as if the other was living and had qualified and was acting. It is my will that my said Executors have full and ample time to wind up and make settlements of my estate and I hereby empower them to take any kind of good trad for bad or doubtful debts due me and to compromise any and all difficulties about my estate with as little costs and trouble as possible. 

Item 28th, I hereby will and bequeath unto my said son, George A Fain and his heirs forever, a bill single which I hold on Josiah Fain, for the payment of the sum of Nine Hundred and Sixteen Dollars and Twenty-four cents, dated 26th of August, 1846, which said bill single was given for the carding machine tract of land for which I have bound myself to make said Josiah Fain a deed when he pays the money in said bill single specified, I also give my said son, all of my right to have payment of said bill single, out of said tract of land. But hereby direct that my said son, George A Fain, not to force collection of said bill single until three years after my death. 

Item 29th, After the payment of all they legacies herein specified in this my last Will and Testament, then I will and bequeath unto my four sons, William D Fain, Samuel N Fain, John N Fain and George A Fain, each the sum of Twenty Five Hundred Dollars, but as I have paid John N Fain, the sum of Fifteen Hundred Dollars in part of this bequest, there is only due him the sum of One Thousand Dollars, which when paid shall be in full of the Twenty Five Hundred Dollars in this bequest to him. 

Item 30th,  I will and bequeath unto my said son, John N Fain, a receipt on John Fain & Son, for the payment of the sum of Eight Hundred and Seventy One Dollars and twenty-nine cents, which I placed in the said firms hands for the purpose of paying for the lands of which John H Edgar died seized and possessed, lying in said County of Jefferson, adjoining the lands of Robert Birchfield, V Brimer & others, in case said lands should be brought sale and should said lands be purchased by me or my by Executors or by one for me, or for my benefit or for the benefit of my estate, then I hereby will said lands to my said son, John N Fain & his heirs forever. I also will him and his heirs all my interest in and to said lands and should it not require the whole of the money specified in said receipt to pay for said lands in case of a purchase thereof by me or for me, then the remainder of said sum on said receipt, I hereby will to my said son, John N Fain.

Item 31st, In the 24th Item of this my last Will and Testament, willing that every species and all kinds of my personal property which may be on hands with the exception therein named, I mean in said Item by the terms, “every species and kind of my personal property” the personal property which may be on hands at the death of my said wife of the personal property hereinbefore willed to her during her life and what personal property may grow out of the same and be unexpended at her death and not herein specifically bequeathed. 

Item 32nd,  If there should remain any property of effects of any kind of my estate after the payment of all of the bequeaths, herein mentioned, or should any debt or demand accrue to me or to my estate hereafter, if the same should be undisposed of by me then I hereby will that all such property real or personal of effects or debts or demands which May accrue as aforesaid, shall go to and be the absolute property of all of my said children, except my said son, Thomas G Fain and it is my will as I have provided for him to the full extent I have intended in this my said will, that if any of my property, either real or personal, shall be un-disposed of by me or should any debt or demand hereafter accrue to me or to my estate or should any property either real or personal come to me or my estate hereafter and un-disposed of, that my said son, Thomas G Fain, take none of the same. 

Item 33rd,  I will and hereby empower my said Executors to buy in lands when it may be necessary for the purpose of collecting or securing debts due me and when purchased shall be property of my estate, subject to the payment of the legacies herein mentioned or for division or distribution amongst all of my children, except my said son, Thomas G Fain and I hereby empower my said Executors to make sale of any lands which may be bought or by them for my estate of the sale of such may be necessary for the purpose of paying any bequests herein mentioned or for the purpose of distribution of the proceeds thereof. In testimony whereof I have hereunto set my hand and seal this the 6th day of October, 1852.

John Fain     SEAL

Signed, sealed and executed in the presence of us:

James P Swann, H J Dick, A K Meek

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