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John Tyree

Will of John Tyree

Taken from “The Tyree Tree” by Dorothy Chambers Watts

Will written April 1839, recorded Franklin County, Virginia Courthouse, Rocky Mount Virginia


In the name of God Amen.  I, John Tyree of the County of Franklin and State of Virginia, Considering the uncertainty of this mortal life and being of sound Disposing mind, do make and publish this my last Will and Testament in manner and form following.  Vizt.


First, I Give and Bequeath unto my Beloved Wife Hannah Tyre during her natural life all my lands lying on the north side of doe Creek Including the dwelling house where I now live;  also Two negro boys, one by the name of Jeffrey and Other by the name of Cuff, one feather Bead (sic) and furniture of her own choosing, one good horse, such She may choose, one Cow and Calf such as she may choose, one sow and Pigs, meat, Grain and fodder sufficient for her Support one year, two Ewes and labs and such portion of my household and Kitchen furniture as she may choose to Take, Feather beds Excepted only one Bed and furniture is given her as above stated.


Secondly, I Give and Bequeath to my three daughters Lucy Tyre, Salley Tyre, and Judith Tyre after the death of my Wife during their lifetime or until they get married and no longer than they may Remain in an unmarried State all that portion or Tract of Land devised to my wife.


Thirdly, It is my will and desire that after the death of my wife and the marriage of  herein named three daughters that Portion of my land that I have devised to them is to be Sold and the proceeds of Such sale to be disposed of by my Executor and he is directed by me hereing (sic) after with Regard to my other Property not her Devised to my Wife and daughters but it’s my will that in case all or any one of my Three daughters should not get married then and in that Case the land devised to them and their mother is to Remain unsold for a home for those that does not get married and after the death of those Single daughters then the land is to be sold and the Proceeds to be Distributed as herein directed.


Fourthly, It is my will and desire that all my lands lying on the north Side of doe Creek together with all other property I may die seized with that is not devised to my wife be sold by my Executor and the money arising form such sale to be Divided between my ten Children namely Hiram Tyre, Lucy Tyre, Salley Tyree, Milly Clay, wife of Lemuel Clay Sr., John Tyre, Judith Tyre, Beddy Dillion, wife of Thomas Dillion, William B. Tyre, Meredith C. Tyre and Hannah Willard, wife of William Willard.


Fifthly, It is my will and Desire that such Portion of y Estate that I have devised to my daughters Beddy Dillion, Milly Clay and Hannah Willard, Be Retained by my Executor and put out to Interest and for him the said Executor to pay to each one such portion as he may think proper from time to time and Required of them and after the Death of those my three Daughters my Executor is to pay all monies that may be in his hands Coming to them under this Clause of my will to their lawful Children in equal proportions.


Sixthly, It is my will that all Advances made to any of my Children is to be accounted for by them without Interest except where I hold Bonds for money paid for them, then and in that case Interest is to be calculated on the Bond from the time it became due and is to be a Charge against such Child if it is against the husband of a daughter to be a Charge against such daughter in Settlement with such Child.


Seventhly, It is my will that in Settlement for advances to my Children, my Executor is to be governed by an account here set forth by me with my Signature at the Bottom of said account, Charging each one with what I have given in advance.


Eighth, I appoint my Son Hiram Tyre Executor to this my Last will and Testament.  In witness whereof I have hereunto Set my hand and affixed my Seal this 13th day of April 1839.


Acknowledged in the Presence of                                                                        his

  Joseph Rives                                                                                               John X Tyre (Seal)

  Martin Tyree                                                                                                         mark

  H.F. Terry

  H. Turnbull



An account of advances made some of my children are as follows,




                To Hiram Tyre                                                                      $125.00

                To John Tyre                                                                          125.00

                To Thomas Dillion and Beddy his Wife                             115.00

                To William B. Tyre                                                                   63.00

                To Meredith C. Tyre                                                              123.00

                To Lemuel Clay and Milley his wife                    101.00

                To William Willard and Hannah his wife                             91.00



The above is a True Statement of what I have given to each on of my Children by way for advancement which they are to account for agreeable to the Seventh Clause of my will.


Given under my hand this 13th day April 1839


Witness                                                                                                                    his

  Joseph Rives                                                                                               John X Tyre (Seal)

  Martin Tyree                                                                                                         mark

  H.F. Terry

  H. Turnbull



At a Court held for Franklin County the 2nd day of September 1839.  This last Will and Testament of John Tyree, dec’d was produced in Court and proved by the oath of Joseph Rives, Hezekiah  F. Terry and Martin Tyree, three of the subscribing witness thereto, and was ordered to be recorded.  And on the motion of Hiram Tyree, the Executor therein named, who made Oath and gave bond and security, conditioned according to law, certificate is granted him for obtaining a probate thereof in due form.


                                                                                                                Teste, Moses G. Carper, CfC