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Samuel Weeks

Franklin Co. TN.

Samuel Weeks was born about 1760 in North Carolina and died 1845 in Franklin Co. TN. He moved from GA. about 1815 and settled on Duck River, in Franklin Co. Tennessee.

Samuel came South when his father moved to GA., and settled in Green Co. It appears that William the Father sold land to Samuel in March, 1891 in that County. He purchased a slave from his father in December of 1792. Sometime after this date he moved to Putnam Co. Georgia for he is listed on the 1813 Tax Roll.

Shortly after this time the family moved to TN., and settled on Duck River in Franklin Co. From land records in Franklin Co. it is known that he was a large land owner and acquired many acres of land by purchase.

Samuel was married at least three times. His first wife was Anne Jackson who was born about 1770. She died after 1830 in Franklin Co. Samuel and Anne married 5 September, 1788 in Green Co. GA.

After the death of Ann, Samuel married Patsy Noah in April, 1842. She either died during childbirth or shortly after. Here Samuel was an aged man and left with an infant. He needed someone to care for the infant, so Samuel married again 21 November, 1843 to Louvina Chastain.

Louvina was born 31 August 1803 in Pendleton District in South Carolina, and died 1847 in Franklin Co. She was the daughter of Rev. John Chastain and his second wife Mary Robinson.

The will of Samuel was left in Franklin Co. TN., and he named his wife, Louvenia and his youngest two daughters, Lucinda and Louisa in his will. Lucinda was Lavenia's step daughter and was known as an idiot.

Several of the children contested the will, but it was settled in Court April, 1849. Since Samuel had two young daughters he did the rightful thing and tried to make sure they were cared for and left the bulk of his estate to them.

Lavenia did not live long enough to care for the daughters, she died shortly after the will was made.

The will of Samuel Weeks was proven in the County of Bedford and that Court perceding will be given before the will

Proving the Will of Samuel Weeks

State of Tennessee

Pleas at the court House in the Town of Shellbyville at a court began and held for the county of Bedford on the first Monday in April in the year of our Lord One Thousand Eight hundred and forty Nine and in the 73rd year of American Independence Present the Hon Samuel Anderson one of the Judges of the Circuit Court of the State of Tennessee. Be it remembered that on the 13th day of April 1849 during said April Term 1849 the following proceedings were had in said Court in the case of David Arnett Executor of Samuel Weeks deceased against Peter Weeks Jeptha Week and Samuel Weeks towit.

David Arnett Executor of the last will and Testament of Samuel Weeks deceased
Peter Weeks Jeptha Weeks & Samuel Weeks

Issue Dives Aret on This day came the parties by their attorneys and filed here in court a written compromise which compromise is in the words and figures following towit Whereas a law suit has been pending in the Circuit Court of Franklin County Tennessee for several years which by charge of venu is now in the Circuit Court of Bedford County between David Arnett Executor of the Last Will and Testament of Samuel Weeks dec'd and Peter Weeks Jeptha Weeks and Samuel Weeks and which is an issue of Dives Aret Non and whereas said suit has already envalued said estate & said parties in heavy costs and whereas from the length of time said suit has been pending and the many ineffectual efforts have been made to settle said (p-227) controversy about said Will by a verdict of a Jury it is altogether uncertain where and whether said suit can be settled by a legal tribunal without wasting the whole of the estate.

Therefore to avoid endless litigation's and expense which would most probable swallow up the whole of the estate... It is agreed between the said Executor and the said Peter Weeks Jeptha Weeks and Samuel Weeks that the following compromise and agreement be made to wit.

That the paper writing purporting to be the Last Will of Samuel Weeks dec'd Witnessed by James F. Green and Joseph Nuckles be established as his Will and that the same be certified as such to county court of Franklin County.. That the Executor pay his own costs and that the defendants pay their own costs and that the Executor pay to the defendants One Thousand dollars to be paid so soon as the Executor can have a legal sale of some of the slaves and other property if necessary and the said David Arnett as executor of said Samuel Weeks and as administrator Lucinda Weeks deceased and the said Peter Weeks Jeptha Weeks and Samuel Weeks together with Simson Horton and Wife Martha George Sisk and wife Margaret David Catchins and wife Mary Rany Chasten Zachariah Chastine and Benjamin Chastine by their Guardian James Chastain and Louisa Weeks by her Guardian James F. Green all agree to their compromise and bind themselves to perform and abide by it. It is further agreed that this agreement and compromise be made the Judgement of the Court where said suit is still pending

Peter Weeks, Jeptha Weeks, Samuel Weeks by his Agent Peter Weeks Solomon G. Sisk M. Sisk Simon W. Horton M. Horton James Chastine Guardian of Ramy Chastin Zachariah Chastain and Benjamin Chastine David Arnet David Catchins by A.S. Cogratheer atts Mary Catchins by A.S. Cogarther Attorney, whereupon came a jury of Good and lawful men. Towit:

John Wood, William Walker, G M Ray, Anderson Latiner, John Tune, Thomas Knott, George F Sanders, Aaron Gamble Jr., John F. Thompson Peter Grammar, John S Brown, and Samuel T Nix who being elected tried and sworn the truth to speak upon the issue joined upon their oaths to day that the paper writing purporting to the last will and testament of Samuel Weeks deceased dated the 6the of March 1845 in the last Will and Testament of said Samuel Weeks deceased.

It is therefore considered by the court that the paper writing purporting to be the last Will and Testament of Samuel Weeks deceased dated 6th of March 1845 be established as the last Will and Testament of said Samuel Weeks deceased and that the verdict of the Jury and the Copy of the Judgment together with said original paper writing dated the 6th day of March 1845 be certified to the County Court of Franklin County State of Tennessee: I John Neil Clark of the Circuit Court of Bedford County page 268 in the State aforesaid hereby certify that the above and foregoing is a full True and a perfect copy of the articles of agreement made and entered into by and between the parties and the verdict of the Jury and the Judgment of the Court in the case of David Arnett Executor of the Last Will and Testament of Samuel Weeks against Peter Weeks Jeptha Weeks and Samuel Weeks appears of record in my office and I further Certify that the paper writing annexed in the original paper writing established to be the last Will and Testament of Samuel Weeks Deceased. In testamony whereof I have hereunto set my hand and affixed my private seal there being no seal of said Court done at office in Shelbyville this 21st day of May and in the 73rd year of American Independence
John T. Neil Clerk
by his Deputy James H. Neil

Will of Samuel Weeks

Franklin County Tennessee

I Samuel Weeks of the County of Franklin and State of Tennessee being of unfirm health but of sound and disposing mind and considering the uncertainty of human life and wishing to dispose of the worldly substance it has been pleased almighty God to bless me with do made and ordain this my last Will and Testament hereby revoking all other Wills by me heretofore made

1st My Will and desire it that my two servants Caleb and his wife Matilda labor for the benefit of my two youngest children for three years at the end of which time I wish them to have twenty acres of land laid off to them at one of end of my tract for their own benefit while they may live but they are to devote a part of their time to taking care of their own children hereafter disposed of

2nd MY Will and desire is that all the balance of my slaves my tract of land on which I now live my stock of every description my household and Kitchen furniture be divided into three equal parts by three judicious and disinterested persons to be appointed by the County Court of Franklin County. One third part of which I give to my beloved wife, One third part my daughter Lucinda Weeks and the remaining third to my daughter Louisa Weeks my tract of land to be divided according to quantity and quality my wife to have that part which may include my buildings

3rd Should my two daughters before mentioned arrive at the age of maturity and marry My Will and desire is that the property given to them shall not in any instance be liable for the debts of their husbands but shall descend from my daughters aforesaid to their children.

4th should either of my children before mentioned die without a child then the property given to it shall descend to that which may be living in the manner above specified.

5th that part of my stock of every description, household and Kitchen furniture given to my daughters before mentioned I wish to be sold at my decease and the proceeds put to interest for their benefits respectively my farming utensils to be divided so that my wife may get one their part the value to see sold for the benefit of my children aforesaid

6th it is my will and desire that my wife Lovina Weeks take care and raise my daughter Lucinda Weeks until she arrive at age of Maturity. I hereby constitute and appoint my friend David Arnett sole Executor of this my last Will and Testament

Samuel X Weeks (his mark)
Joseph Nuckles (his mark)
James F. Green

State of Tennessee Franklin County
County Court June Term 1849 Then the last Will and Testament of Samuel Weeks dec'd which was heretofore contested and it having been proved in the Circuit Court of Bedford County to have been the last Will and Testament of Samuel Weeks dec'd by the subscribing witnesses thereto it has therefore ordered by the county that said Will be recorded as the Law directs.

Children of Samuel and Anne Jackson Weeks

1. John Weeks born about 1789 GA.
2. Jeptha Weeks born 1790 GA.
3. Margaret Elizabeth Weeks born about 1792 GA.
4. Peter H. Weeks born 1794 GA.
5. Sarah "Sally" Weeks born 1796 GA.
6. Wiley S. Weeks born 1798 GA.(Rev)
7. Mary Weeks born 1800 GA.
8. James Weeks born 1802GA.
9. Samuel Weeks born 1804 GA.
10 Benjamin Weeks born about 1805/06

Child of Samuel and Patsy Noah

11 Lucinda H. Weeks born 1843 Franklin Co. TN

Lucinda H. Weeks was born 1843 Franklin Co. TN. She was known as an idot and had to have someone care for her long as she lived. In her younger years she had a Mr. Farris as guardian; he died and Clem Arledge was appointed her guardian.

Lucinda had a cousin Emeline Hutchinson who cared for her along with Emeline's grandmother. They lived on one third of her father's farm.Emeline's grandmother died and she married James Noah. They had five children and lived on Lucinda's land and cared for her for almost twenty years. In 1877 Lucinda's brother-in-law brought a law suit against James and Emeline Noah to try and get possession of Lucinda and her land.

Child of Samuel and Lavina Weeks

12 Louisa "Eliza" Jane Weeks, born 15 September, 1848 and died 14 April, 1900 in Franklin Co. She married Barbee Warren Collins, born 10 August, 1836 AL.

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