"I John Gunter Sen. of the Cherokee Nation and residing in the said nation do
make and ordain this my Last Will and Testament
1 I Design that all my just Debts shall be paid as soon as conveinant after
my Decease
2 It is my will that my son Samuel Gunter have my Mill and Plantation
situated & being on and near Brawns Creek being the same which I purchased
of James Thompson and also that he have one Negro Woman named Peggy
now in his possession I also give to my son Samuel Gunter all the Debts which
he may be owing me at the time of my Decease
3 It is my will that my Daughter Martha Henry have the five following
Negroes Viz Peter Winney Sucky and her children Viney and Lucy and all the
Increase of the said negroes
4 Should my Daughter Martha Die without children it is my wish the said
negroes above mentioned be considered as part of my estate and be divided as
follows viz on to each of my children Samual Edmond Elizabeth and Catharine
and one to my grand daughter Nancy Gunter a daughter of Edmond Gunter
5 Should the above Negroes have any more increase after this time then it
is my will that my Grandson George Gunter a son of Samuel Gunter have one and
any other increase which they may have to be divided between my Daughters
Elizabeth & Catharine
6 It is my will that my Daughter Elizabeth Gunter have the six following
Negroes viz Olivar Neor Isaac Judah Amy and old Lucy and all their increase
7 It is my will that my Daughter Catharine Gunter have the following
negroes viz Bill Andrew Calvin Polly and Peggy and all their increase
8 It is my will that my son John Gunter Junior have the six following
Negroes viz Tom Bobb Mary Augustis Daniel and China and all their increases
9 It is my will that all warrants which I may have on the Cherokee nation
at the time of my Decease shall belong to my son John Gunter Junr
10 As I have sold my crop of cotton of the year 1832 to my son John Gunter
Junr for five hundred dollars it is my will that if I should die before he
can return from his contemplated voyage to New Orleans then the said John
shall not be called upon to make payment for the said cotton provided that he
shall on his return supply the family at my present home with three hundred
pounds of Coffee and three Barrels of Sugar but if I should live till he can
return then this tenth Article to be void and of no effect
11 It is my will that my reservation of a tract of Land lying in Jackson
County Alabama and known by the name of Gunters Old place about eight miles
from Gunters Landing shall belong to John Gunter Junr
12 It is my will that my Granddaguther Lucy McCoy whom I have raised have
the four following Negroes viz Aaron Jacob Cloe and Mary and all their
increase
13 It is my will that my wife Catharine Gunter have the seven following
Negroes viz Will Sophy Jack Abram Bolivar Rachel and Bonipart and all their
increase
14 It is my will that on the Decease of my wife Catharine Gunter five of the
last mentioned negroes viz Will Sophy Jack Abram & Bolivar with all their
increase shall belong to and become the property of my youngest Daughter
Catharine Gunter.
15 It is my will that on the Decease of my wife Catharine Gunter two of the
Negores mentioned article Thirteenth viz Rachel & Conaparte with all their
increase shall belong to and become the property of my son Edmond Gunter
16 It is my will that my wife Catharine Gunter have the use of all my house
hold and Kitchen funeture during his [sic] life and at his decease that it be
devided equally between my three daughters Martha Elizabeth and Catharine and
my grand daughter Lucy Micoy provided however that if either of my Daughters
or my Drand Daughter should marry before the Decease of my wife then my wife
is requested to give to such an one her part of the furniture
17 It is my will tha tmy Stock of Cattle and Hogs be equally Divided between
my wife Catharine and my daughters Martha Elizabeth Catharine and my Grand
daughter Lucy Micoy
18 It is my will that my wife Catharine Gunter have my hose and plantation
where I now live with all its appertainances including the plantation on the
Island at his own disposal during his life Provided that she shall not rent
sell or in any way put it out of his own cultavation so long as the land
belongs to the Cherokee Nation
19 It is my will that at the Decease of my wife Catharing the House and
platation of land mentioned in the last article shall be by the Executors of
this my last will and Testament offered for sale to the leggatee alone who
are mentioned in this will and no one else shall have a right to become a
purchaser and the property shall be sold and become the rightful possessions
of the individual among my Legatees who will give the highest price for it
and at the same time enter into such penal Bond as the Executors shall deem
prudent that he or she that said purchaser will not dispose of the said house
and plantation of land to any one except on the my Lineal descendents
20 And it is furthermore my will that no person except on of my own
decendents shall ever become the owner of the property mentioned in 18th
article I do therefore ordaine that if any of my heirs shall dispose of it
to such an individual the title to said individual shall be and it is hereby
declared to be null and void and the property shall in such case return to
and be vested in my Legatees to be disposed of as directed in Article 19
21 It is my will that my wife Catharine Gunter have six hundred dolloars in
ready money My Daughter Martha Henry two hundred and fifty dollars My
Daughter Elizabeth Gunter two hundred and fifty dollars My Daughter
Catharine Gunter two hundred and fifty Dollars my Grand Daughter Lucy Micoy
two hundred and fifty dollars all which sums are to be paid in ready money by
my Executors as soon as they shall enter upon the duties of the their office
22 It is my will that all my ready money after the above sums shall have been
paid shall be equally divided between my sons Samuel and Edmond
23 Althought I have left several Legacies to my daughter Martha Henry yet it
is my will that none of them shall be paid to her so long as she shall remain
the wife of Hugh Henry But it is my will that all Legacies which I have
designated for the said Martha shall be placed in the hands of Samuel and
Edmond Gunter in trust for the use and Benefit of the said Martha and they
shall be required to give Bond for good mannagement of said Legacies and the
faithful application of all the proceeds to the Benefit of the said Martha
And if the said Martha shall die without Issue then all the Legacies which I
have designated for hir [sic] shall be regarded as part of my estate and
shall all except the Negroes mentioned in article 3, 4 & 5 be equally Divided
between my Daughters Elizabeth & Catharine.
24 It is my will that if in any way my Daughter Martha shall during her life
cease to be the wife of Hugh Henry or should have issue then all Legacies
which I have Designated for hir shall pass in to her hands and be at hir own
disposial
25 And for the purpose of Carring into execution this my last will and
Testament I name as my Executors John Ross, Goerge Lowery Senr. The Spirit
Boat and Bark as citizens of the Cherokee Nation
"In witness where of I Have hereunto set my name making my mark and affixed
my seal the Sixth day of March in the year of our Lord one thousand eight
hundred and thirty three
his
John X Gunter Senr.
mark
Signed sealed publised and declared by the said Testator as and for his last
will and Testament in our presents who at this request in his presents have
subscribed our names a witnesses thereto
Wm. Patton |
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William Turner |
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[Lachlan Beavert] |
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seal |
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seal |
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seal |
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State of Alabam Jackson County
"I Moses Jones, Cleark of the County court of said County do hereby certify
that the fore going six pages contains a full and perfect transcript of the
Last Will & Testament of John Gunter Sen. as filed in my office
"In testimony where of I Here unto subscribed my name and affixed my privated
seal having no seal of office at office in Bellefont the 4th day of October A
D 1835 and of American Independence the 61st year"