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Wednesday, January 14, 2015

Timothy Demonbreun, Last Will and Testmant, 1827

When Timothy Demonbreun, Sr. wrote his will in 1823 he named his surviving children in this order; daughter Agnes Doza; daughter Julia Johnson; son Timothy Demumbrun, Jr.; illegitimate son John Batteaste/Baptiste Demumbrun; illegitimate daughter Polly Demumbrun; illegitimate son William  Demumbrun. At the time Timothy Demonbreun, Sr. wrote his will, his youngest child John Batteaste Demonbreun born in 1792 or 1793 according to his War of 1812 Pension file was about 30 years old. An interesting find from the John Batteaste pension file is that he did not know until he was an adult that Timothy was his father. He stated that he thought his step-father Joseph Durat/Duraque was his father. It is also stated in the pension file that he was born few months before the March 1793 marriage of his mother Elizabeth Bennett and Joseph Durat. 

Davidson Co., Will book 9, pp. 94-96.

Timothy Demonbrun Decd.Will Recorded March 19, 1827

The many days of my existance and my bodily infirmities warn me that I have not long to live. In anticipation of my departure I leave the following as my Last will and Testament. In the first place I appoint my friend Joseph T. Elliston Esqr of Davidson County my executor...

...to my daughter Agnes Doza and such child or children that she may have living at the time of my death by Mr. Doza in equal shares, the mother and the children the sum of five hundred dollars hereby directing my executor to pay this legacy into the hands of the mother Mrs. Doza, which shall forever acquit him against any claim of the children who may have an interest in this devise.

...to my daughter Julia Johnson one thousand dollars in cash and hereby declare that the receipt of Mrs. Johnson single or married shall acquit my executor forever against the demand of every other person whatever. I also give and bequeath to my said daughter Julia Johnson two hundred and ninety acres of land part of the tract on which my son Timothy Demonbrun now lives in Davidson County to be laid off and allotted to her by my executor having due regard to Quality but in such a ways as not to interfere with the plantation of my son Timothy in any way...I give and bequeath to the three oldest sons of my daughter Julia Johnson now living to each of them the sum of one hundred dollars to be paid by my executor into the hands of their mother or any guardian properly appointed unless they be of age for their use...

...to my son Timothy Demumbrun the sum of one thousand dollars in cash....to my said son Timothy two hundred and ninety three acres of land in Davidson County including the farm and plantation on which he now lives.

...to my illegitimate son John Batteaste Demumbrun the sum of five hundred dollars...to his the said John b. one third part of a trract of 440 land for which I have a deed from Capt. Joshua Hadley...

...unto my illegitimate daughter Polly Demumbrun now married to (left blank) the sum of five hundred dollars and also the one third part of said 440 acre tract...

...to my illegitimate son William Demumbrun five hundred dollars and the remaining third part of said 440 acre tract...

...to my two sisters Catherine Demumbrun and Polly Demumbrun five hundred dollars each these two sisters if alive reside in the city or neighborhood of Montreal in Canada...

...I have hereto set my hand and seal Sept. 24th 1823.
Thimote demonBreun

Witnesses; M. Fly, Nelson Thornton, E. H. Foster

Probated Davidson county Court January Session 1827, proven by Nelson Thornton and Ephraim H. Foster and Micajah Fly.

Joseph T. Elliston, the executor named in said will,...qualified.

I tried posting the will scan from the will book but it is too small to read on the blog. 

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