The Last Will and Testament of Benjamin Pemberton Decd
Ordered to be recorded July term 1877
I Benjamin Pemberton of the county of Sullivan and State of Tennessee being of sound mind and memory and wishing to dispose of my temporal affairs knowing tho the certainty of death and the uncertainty of life do make and publish this my last will and testament in the following form and manner.
First I resign my body to the dust from where it came and my soul to God who gave it hoping for a happy unmortality through the atoning minds of our Lord Jesus Christ the Savior of the world.
I order and direct that I be decently buried and that my funeral expenses and all my just debts be paid out of any money I may die possessed of or may final come unto my Executor’s hands.
I give and bequeath to my wife Barbara B.
Pemberton a home and living where she now lives during her natural life or as long as she remains my widow, with all the necessaries of life such as she has been accustom to with use of the household and kitchen furniture. (There is a notation on the side of the will that states the strike through was on the original will,)
I give and bequeath to my son Thomas D. Pemberton the plantation on which I now live together with all cuttings of know land adjoining the same belonging to me, also fifty acres of land near the mountain on the shady road called the Linn Lick survey, I also give to my son T. D. Pemberton both of my wagons, together with all my farming tools of every description, also my black smith tools also all my stock of every kind all the grain and hay and everything raised on the farm that may be on hand at the time of death also two beds and bedding my desk and book case, all of my household and kitchen furniture subject however to the use of it hereinbefore mentioned I find that after my decease my Executor sell at private sale after being valued by disintervested men two feather beds and bedding, one walnut bureau one chest and my interest in the mountain land left to me by brother Thomas and the proceeds there of together with any money that may be on hand or due to me be equally divided between my four sons, Henry H. Pemberton, John S. Pemberton , Elkanna D. Pemberton and B. F. Pemberton. [There was a notation on the side of the will that the strike through was on the original will,]
To my son T. D. Pemberton I give my interest in the mountain land left to me by brother Thomas Pemberton decd’. and lastly I nominate and appoint my son Thomas D. Pemberton and A. G. Lowry my Executors of this my last will and testament hereby revoking all other wills heretofore made by me. In testimony whereof I have hereunto subscribed my name and affixed my seal this 27th day of September 1871.
Signed sealed and acknowledged in the presence of
John S. Cowan
Benjamin Pemberton (seal)
Robert H. Cowan
Proven in open court by the oaths of John S. Cowan and Robert H. Cowan in due form of law and ordered to be recorded July 2,1877
Test- A. J. Levx Clerk