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Archiver > HOOVER > 1998-07 > 0901942040


From: "Steve and Barbara" <>
Subject: Last Will and Testament of James VAN BEBBER, Sr.
Date: Fri, 31 Jul 1998 23:27:20 -0400


Identity:
Isaac VAN BEBBER and Hester Op Den GRAEFF
Jacob Isaac VAN BEBBER ca 1640-ca1704)and Christena
Isaac Jacob VANBEBBER (1661-1728) and Veronica SCHUMACKER
Peter VAN BEBBER (1695- ca 1769) and Ann
Isaac VAN BIBBER, I., (ca 1728-1774) and Sarah DAVIS
James VAN BEBBER, Sr. (ca1767- ca1834 ) and Hannah HOOVER
Isaac Hoover VAN BIBBER, Jr. (1794-1886) and Hannah
LONG
John VAN BEBBER, Sr. (ca 1765-1818) and Margaret CHRISMAN
Isaac VAN BEBBER, Sr., Esquire (1790-1866) and Mary
MARTIN
(Isaac VAN BEBBER being the ancestor of this
researcher)

Source: Last Will and Testament of James VAN BEBBER
State Archives of Tennessee
Claiborne County, Tennessee, June 16, 1833

-----------------------

I, James VAN BEBBER, of the County of CLAIBORNE, State of
Tennessee, being weak of body but of sound mind and disposing memory, and
believing my resolution is not far distant, do hereby make and ordain this
my Last Will and Testament, offer my decease, to be executed by my friends
John SHARP, Sr., and Major David ROGERS, who are hereby appointed my
executors to execute this my Will after my decease, in the following manner:
And first I bequeath the tract of land on which I now reside to my
beloved wife Hannah VAN BEBBER to be enjoyed by ehr during her natural life,
with liberty to dispose of the same at her death equally amongst all my
children except my son Isaac VAN BEBBER and my duaghter Hannah OWENS, and
should be disposed to remove, she is at liverty to sell this land, and to
make the same disposition of the proceeds as above directed at her decease.
I also give a twenty acre teract of land, which I own at the Rich Gap, to my
said wife Hannah, with full power to dispose of the same at any time. It
is also my will that my said wife shall have all my household furniture and
kitchen ware, farming tools of every discreption. It is my will that my
daughter Elizabeth have my young chestnut sorrell mare and one cow. It is
also my will that my Grandson James Moss VAN BEBBER have my roan mare and
one white cow.
I give to my Grandson John OWENS my red cow, known by the name of
Frosty. It is my will that my said executors shall pay my just debts out of
the balance of my personal property and pay son Isaac VAN BEBBER twenty five
cents and my son-in-law James OWENS twenty five cents. My daughter Hannah
twenty five cents, and that my said wife Hannah ahve the balance of my
personal property of every kind and description and at the death of my said
wife, Hannah, that my estate shall be equally divided between my daughters
Polly SHARP, Peggy ROSS, Sarah WHEALER, Patsy VANBEBBER, Robert VAN BEBBER,
Elizabeth VANB EBBER, adn my Grandson James Moss VAN BEBBER. In conformatin
of this my last will, I hereby revoke all former wills of every description.
In testimony whereon I have hereto set my hand and affixed my seal this 16th
day of June in the year of Our Lord eighteen hundred and thirty three
(signed)
James VAN BEBBER
Test:
R.B. ROGERS
John CARR, Snr.
John ROGERS

------------------

State of Tennessee - CLAIBORNE County

Be it remembered that on the 11th day of March 1835, was filed in the
circuit Court of the County a record from the County Court in the following
words and figures, to wit:

State of Tennessee - Claiborne County

Be it remembered that at a Court of Pleas and Quarter Sessions, began and
held at the County Court House in Tazewell in said County, on the third
Monday of March 1834, it being the 17th day, the Last Will and Testiment of
James VAN BEBBER, deceased, was presented for probate, and contested in the
following words and figures, to wit:
John SHARP, Sr., and David ROGERS, Sr., produced in Open Court a paper
purporting to be the Last Will and Testiment of James VAN BEBBER, Sr.,
Deceased, and offered the same for probate, and thereupon came into open
court Isaac VAN BIBBER, Jr., a son and heir at law of James VAN BEBBER, and
contests the said paper as not being the Last Will and Testiment of said
deceased, and prays that an issue of devisat vel non, may be made up in this
cause, Thereupon it is ordered by the Court that the following issues be
made up, to wit:
Is the paper produced by the said John SHARP and David ROGERS in open
court purporting to be the Last Will and Testiment of James VAN BEBBER, and
thereupon came Isaac VAN BEBBER, Esquire, into open court and assumed and
taken upon himself, with the said Isaac VAN BEBBER, the payment of the costs
if he be cast underassist??? and thereupoon, it is ordered that a jury come
to try said issue will, to wit:

NOTE BY THIS RESEARCHER: The events set into place by this will and the
fact that Isaac VAN BEBBER, Jr., son of James VAN BEBBER, Sr., contested the
Will, brought about a long and complicated court trial that eventually ended
up in Tennessee State Supreme Court. Needless to say, this researcher was
very happy with the amount of family history that was brought about in this
trial.
Steve Smith
Cumberland Gap, TN.

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