Andrew Ralston's Will– Oct. 9, 1863

I Andrew Ralston of the Co of Rutherford, State of TN, do make and publish, this my last will and Testament, hereby revoking and making null and void all former wills by me made at any time. 

First, I direct that my funeral expenses and all my debts be paid as soon after my death as practicable out of any monies I may die pos­sessed of, or may first come into the hands of my Executor.

Second, I will and bequeath to my beloved wife Mary Ann Ralston,  during her life time or widowhood, the tract of land I now reside on, bounded on the East by Nathan Jackson, North by the tract called the I. Reams land and L.S. Manire, West by the tract purchased of J .W. Carson Sr. as per deeds, containing about one hundred and fifty acres more or less. Also my Negro man John, with all of my stock of horses, cattle, hogs, sheep, crop provisions, farming tools, cart and oxen. House hold and kitchen furniture for the special use and benefit of my wife, to raise, support, clothe and educate my three youngest children, James, Mary Elizabeth and Nancy Lavina Ralston, and at the death or marriage of my wife Mary Ann, all the above named land and personal property not consumed shall descend equally to my children James, Mary Elizabeth and Nancy L. Ralston.

Second items continued– But the within named real and personal property is to be entirely free from the control, debts or liability of any husband she may have.

Third, I will and give to my five grandchildren, William, Josephus, David, Susannah and Mary Ralston, heirs of my son Robert Ralston, deceased, one hundred dollars each in TN funds, to be placed in the hands of a guardian, as their share of my estate.

Fourth, I will and bequeath to my son David Ralston the tract of land purchased of James W. Carson as per deed, bounded on the East by the tract I reside on: North by C.P. and W.L. Russell, West by R. Ralston's heirs and R.G. Owen,  and South by the Eagleville and Salem Pike,  containing  one hundred and six acres more or less.

Fifth, I will and bequeath to my daughter  Catherine Read, wife of Jo­siah G. Read for her special use And benefit free from the debts or liability of her husband, and after her death to descend equally to the heirs of her body, the tract of land purchased of Williams and Jordan called the Reams land, as per deed, bounded on the East by S.J. Manire, North by Hendrix heirs, West by C.B and W.L. Russell, and the land I willed David Ralston, and south by the tract I willed to my wife, con­taining seventy acres more or less. I also will and give her any monies or notes that may remain on hand after my Executor pays my funeral ex­penses, debts and the five hundred dollars willed to the heirs of Robert Ralston, which fund I wish placed in the hands of my son David Ralston and given to her in small sums as she may have use for it, free from the control of her husband.

Lastly, It is my will and desire and I do here by nominate and ap­point my son David Ralston to Execute this into effect this my last will and Testament and having full confidence in the integrity and honesty of my son, I do not wish the Court to require security of him Executor

In witness where of I do this my will set my hand and seal, on the 9th day of October AD 1863   Andrew Ralston

Signed sealed, and published in our presence, and we have subscribed our names in the presence of the Testator on the 9^th day of October 1863

 Jonas Sutton   M.H. Scales   Chesley Williams      D.D. Russell

An Inventory of the personal property of Andrew Ralston, deceased, as received by the Executor. 1864

An Inventory of the estate of Andrew Ralston, as exhibited to David Ralston Executor of said deceased.

3 Bedsteads and furniture; one Bedstead and furniture not finished; one small Bedstead and furniture, one Beauro, one Table, one chest, one clock, one Cupboard, one set common cooking vessels, one small lot tableware, one shot gun, two horses and colt, three yearlins, four cows and calves, one yoke oxen and cart, five head sheep, about twenty head of hogs, about five hundred pounds bacon, about 75 lb lard, two double plows, three small plows, two axes, three hoes, 1 pair strechers  one log chain, two set gear and chains, one sythe and cradle, one mans saddle, one side saddle, twelve chairs, about 25 bushels corn, about fifteen bushels infero wheat, one barrel salt $25.00 worth sugar and coffee. One crosscut saw, one hand saw, four augers, one chisel, one loom and gearing, one reel, about 50 lb seed cotton, one side sole leather, one side upper leather, one Slave–Boy John, three government claims amounting in all to (doubtfully) 317.50

David Ralston, Executor of Andrew Ralston deceased

Sworn and Subscribed before me, August 1^st, 1864 John Jones– Clerk

No. 485   Mary A. Ralston and } Partition Deed  Geo. W. Scott, James A. Ralston and others.

Whereas, Andrew Ralston, late of The Co of Rutherford, State of TN, departed this life on the 24^th day of October, 1863, leaving as his survivors, David Ralston & Josiah G. Read and his wife Catherine Read, children by his first wife, and before his death he executed his last will dated 9^th October 1863, and leaving as his survivors his widow, Mary A. Ralston and three children by his present widow, towit: James A. Ralston, Nancy L. Ralston who has m one Edward A. Giles & Mary E. Ralston, who has m one George W. Scott, in the last will of said Andrew Ralston, he gives and bequeaths to his wife, Mary A. Ralston during her life–time a certain tract of land where he last resided, containing about one hundred and fifty acres, bounded on the east by L.Manire & J.W.Jackson, North by J.G.Read & wife, on the West by W.R.Dyer’s estate, and south by M.A.Hayes and S Bennett, which tract of land was devised to her during her life, and then to her three children named as above, and after her demise, to descend to her three younger children James A. Ralston, Nancy L. Ralston, now Nancy Giles, and Mary E. Ralston, now Mary E. Scott, to be equally divided.

And whereas, I have agree to rent the said tract of land to my children, and they have had the same surveyed and divided into three lots as designated on the plot of Survey made by J.S.Downing, and have agreed to the said division which is as follows:

Lot No. 1 (description)

side joining L.Manire and J.W. Jackson containing 48 acres allotted to Nancy L. Giles & Edward Giles.

No. 2 (description)

joins I.G. Read’s line …containing 53 acres allotted to J.A. Ralston as his lot.

No. 3 (description)

joins W.R.Dyer containing 48 acres allotted to Mary A. Scott and George W. Scott.

In consideration of this agreement, and for the rent of the land, we each of us mutually agree and bind ourselves to pay the said Mary A. Ralston for the year 1880, thirty five dollars, making the sum of one hundred & five dollars, which is due & payable on the 15^th day of Nov. 1880, for which payments to be promptly made, we bind ourselves and each of us  to pay said Mary A. Ralston thirty three and 33/100 dollars, making one hundred dollars for each year, due and payable on the 15^th of Nov in year 1881, and each note to be paid on the 15^th of Nov in each succeeding year, and lien on crop retained, each to be only responsible for the one third of the rent.

And the said Mary A. Ralston retains the privilege of living in the West end of her dwelling house, but to have no other person, and have garden plot, with privilege of keeping her stock and that each heir shall pasture her stock one third of the time, and to have the privilege to have her firewood cut one third part off of each share in this division.

And it is mutually agreed by the parties James A. Ralston & wife Mary C. Ralston, Nancy Giles & Edward A. Giles, Mary E. Scott & George W. Scott that at the demise of our mother, Mary A. Ralston, that the division made and stated in this written agreement shall be binding both in law and equity, that each heir shall keep and retain the number and tract of land in the division allotted to our respective names agreeable to the calls & boundaries as therein specified and set out in the plot, and this agreement as follows: James A. Ralston & wife Mary C. Ralston will be entitled as designated to lot No. 2 containing fifty three (53) acres & 41 poles as described and bounded in the first part of this agreement.  Nancy L. Giles and Edward Giles is entitled to lot No. 1 containing forty eight (48) acres 2 roods & 14 poles as designated and bounded in previous agreement, & Mary E. Scott and George W. Scott will be entitled to lot no 3 containing about 48 acres and 50 poles, as described and bounded in the first part of this agreement, the division as made and stated, we believe to be as near equitable and equal as can possibly be made, and each heir shall have the right to make any improvement they may wish, on their respective lots & shares.  In witness of this agreement we have each of us set our hands on the 1^st day of October 1879

Witness:  Chesly Williams    John T. Wilson, Mary A. (her mark) Ralston, Nancy L. Giles, Edward A. Giles, Mary E. Scott, George W. Scott, James A. Ralston, Mary C. Ralston