3rd: I desire that my negro servants or their equivalents in money and the proceeds of my land and also the proceeds of my personal property be all divided or distributed among my daughter Sally Wasson, out of the said proceeds, fifty dollars in money and then I desire that the balance of the sd proceeds of my negroes, land, and personal property may be divided into six lots or portions, for the benefit of the balance of my children and grand-children; but having heretofore given to my daughter Mariah Ward a negro, Etc., worth two hundred and twenty-five dollars I desire therefore the said portion may be made in such manner that one of the sd six lots or portions shall be worth two hundred and twenty five dollars less than each of the other five lots or portions and the said lesser portion I give and bequeath to the children of my daughter Maria Ward, to be equally divided between all of them and then I give and bequeath the other of sd five lots or portions, or all the balance of my estate, both personal and real, to my other children and grand-children as follows, viz. To my son, Wm. Hearne, one fifth part. To my son Burton Hearne, one fifth part. To my son Joseph Hearne, one fifth part.

And to the children of my son Cannon Hearne deceased, one fifth part and the remaining fifth part to be divided among the children of my son Minos Hearne deed, as follows, Viz.- That whereas Seytha D. Hearne is without patrimony, I give and bequeath to the said Seytha one half of said legacy or sd fifth part and the balance of sd legacy or of sd fifth part. I give and bequeath to the balance of my son Minos Hearne's children, i.e. John C. Hearne, Eliza Hearne, Lavinia Hearne and Sarah Hearne to be equally divided between them.

All that foregoing legacies to my grandchildren I desire to be placed in the hands of my executors and paid over by them to the children as they become of age.

And lastly I do hereby constitute and appoint my sons William Hearne, Burton Hearne and Joseph Hearne, executors to this my last will and testament.

In witness whereof I have hereunto set my hand seal this 10th day of January in the year of our Lord, 1844.

[Continued on page 290]

Thanks to Candy Hearn for transcribing this page.