David L. Cross of Sullivan County was the son of my fourth great grandfather William Cross the Revolutionary War drummer boy. As such, David was the brother of my third great grandfather Alfred Carter Cross.
William Cross moved from Sullivan County, Tennessee to Knox County, Tennessee in 1817, and he moved again about a year later, the second time to Anderson County, Tennessee. Alfred Carter Cross moved to Knox and Anderson counties with his father, but David L. Cross never left Sullivan County.
The will of David L. Cross is very important to research on William Cross because the will mentions land in Anderson County which was inherited by David from his father. David's will in turn grants his share of the land to his son Elijah J. Cross, who was stated to have been living on the land at the time.
In 1888, the was a lawsuit between Cross family members over the land. I suspect that the death of David L. Cross may in some way have helped to precipitate the lawsuit.
David L. Cross will Signed 24 Jan 1879 ... Proven 03 Feb 1879 The Last Will ordered to be recorded February of this term 1879 D. L Cross dec'd
(This will needs to be read and interpreted in conjunction with the will of his wife Mary (Polly) Himes (see below). Polly's will was really a joint will between David and Polly. Polly died in 1878. David then died in 1879. So this will (David's will) really came second. Named in David's will: son Elijah, daughters Polly & Amanda. Not named that were in Polly's will: E.D (Elkanah), (David) Marshall, Samuel, Margaret & Freola Williams)
Knowing the uncertainty of life and the certainty of death being feeble in body, yet of sound and disposing mind propose to arrange my worldly affairs and therefore make this Instrument as my last Will & Testament.
The land on which I know live being desired already I propose to give to my daughter Polly and Amanda my personal property as follows - jointly and equally I desire to them my farm wagon, plows, gearing, cutting box, cook stove and all cooking vessels & fixtures also all wash vessels - I desire to them also the house-hold furniture and fixtures that I have an interest in part of which I consider already belongs to them. The hogs on hand I consider belongs to them also the cattle on hand I consider their own property. But whatever interest I may have if any I sit over to them.
All the farming tools of every description including the windmill I desire to them. I have at the shop of Mr James Watkins a wagon to iron which I want ironed & sold or retained on the farm and the one now in use sold and applied to the payment of my just debts. This I leave at the option of the two girls named above.
The land interest I owned in Anderson county I desire my son Elijah, who now resides in on said county should I yet retain the legal interest in said lands. But should the statute of limitation pays such interest out of my hands then I hereby confirm his interest thereto should my title still be adjudged legal to said land interests: then I desire all my right title, interests, etc forever to the said Elijah.
Witness Jany 24, 1879 James H Watkins G.M. Loudy R.P. Fickle
David L ( his mark X ) Cross {seal}
Proven in open Court by the oaths of James H Watkins and G.M. Loudy and ordered recorded
Feby 3rd 1879 Test A.J. Cross Clerk
Mary (Polly) Himes Cross will Signed 11 Feb 1876 .. Proven Dec 1878
(Named in Polly's will: sons E.D (Elkanah), (David) Marshall, Samuel & Elijah, daughters (Mary) Polly, Amanda & Margaret, granddaughter Freola Williams)
In The County Court of Sullivan County The Last Will ordered to be recorded December of this term 1878 Polly Cross dec'dWe David L Cross & Mary (Himes) Cross his wife being advanced in years and knowing the uncertainty of life and the certainty of death, and being of sound minds and competent to dispose do now make our last Will and Testament.
1st The land on which we live and known as the share land off to the Testators as the portion of the George Himes tract, and lying on the waters of Linville Creek, Sullivan County, Tennessee we desire as follows:
2nd said tract contains by survey 212 acres but subject to small deduction or loss on the side line next to Deck land of some seven acres which we propose to divide into seven shares or parcels.
E.D. Cross is to inherit the share next to the Preston land or adjoining it including the houses and spacing where Minick now lives & which is to certain ??? with a proportional amount of woodland to support it. Should he wish to improve it, said improvement shall not be taken into consideration.
3rd There shall be two shares laid off including the home dwelling & building around it including the stable for the use and benefit of Polly and Amanda
4th Two shares shall be laid off from the East end of the tract so as to give the house in which Samuel R Cross now lives to one share and the house in which E.D. Cross lives to the other share.
The remaining two shares to be laid off out of the remaining portion of land as near equitable as possible. It is understood that E.D. Cross, Marshall, Samuel, Polly, Amanda, Margaret our children and Freola Williams our grand daughter one of seven heirs which are to in here it said seven parcels or shares of land ?? and it further understood that should any of the children be permitted to build or improve a share such improvement shall not be taken into consideration nor shall the houses and stable be valued to Polly & Amanda.
5th The personal property that may be left on hand by the Testators at their deaths shall discard to Polly and Amanda.
6th Our son Elijah Cross who now lives in Anderson County, Tennessee has at several times done jobs of work upon the place which we expect to make him ample compensation and we herein include a just and equitable account of said work done and compensation rendered him at several times as follows. Our house was built the year 1856 and we were aided in the work by Elijah, also Frank Cross, E.D. Cross, Saml & Marshall Cross - all working at the same time until the logs were hewn & raised and covered. Elijah laid the lower floor aided by Frank & Saml.
7th Elijah was paid during the time said work was done tho following value to wit -
nine yards of five James cloth to shill 9.00
making one James Coat $ 200 to 2 pounds 50 cts each 3.00
making five shirt 73 c to 2 pence ilss (sic) wt each 1.23
making 1 pr socks 50 cts 1 pair suspenders 23 c .75
making 2 common shirts 33 1/3 cts each .66 2/3
14.66 2/3
Work done by Elijah Cross in the year 1873 aided by Samuel - E.D. & Marshall Cross covering barn most of the boards made by other parties
At the time said work was done Elijah Cross and wife cared to the homestead about March 1872 and remained 13 months boarding with us making 102 weeks at $2.00 pounds week $208.00 subject to a credit for
5 bushels wheat at 6 c per bushel 5.00
by coffee $3.00 by bacon $2.30 7.00
12.00
$ 196.00 credit by and above 14.66 2/3
181.33 1/3
washing & 7.00
$188.33 1/3
The foregoing account is as near the true statement of facts as can be recollected and the credits due him for work done on house in 1837 (1873) is given as it would be difficult to make an estimate owing to so many others engaged with him, but the Testators are willing to do him ample justice and to more than compensated him for any services done. We therefore will and bequeath to Elijah Cross the share of land belonging to David L Cross as an inheritance from his fathers estate, also one other interest in land purchased with the said David L Cross mentioned - It is intended by the testators to convey by this will all lands that they are sized of or have a right to in Anderson County Tennessee. From surveyors report there are included in said tract two hundred and twelve acres of land, said lands shall be divided as follows. Said Polly & Amanda our daughters and Freola Williams our grand daughter shall have also a like share each of them shall contain twenty acres. That is twenty acres to Polly, twenty acres to Amanda as before stated so laid off as to include the dwelling house and stable also a spring and water privileges to the Simon Deck line. After deducting 8 acres for loss, the Simon Deck run will be 204 acres. Of this amount E.D. Cross is to have 41 aces as a reimbursement for his services & etc and other liabilities which he may become responsible for. This leaves a balance of 103 acres which is to be equally divided according to quality and quantity Samuel, Marshall and Margaret Slaughter our daughter which makes each have 34 1/3 acres each. Now it understood that of costs upon old land suits and etc also back taxes and etc amounting to some $100 is soon to be paid and should said 4 last named heirs pay the same equally they shall have said land as stated. Otherwise said parties paying land shall be entitled to same at say $10 pence acre to come from these last shares. To prevent any misunderstanding among those to whom these desires are made is further understood that David L Cross is to have a lifetime support upon said land.
In testimony whereof we sign this instrument in the presence of witnesses on the eleventh day of Feby 1876 (11 Feb 1876)
R.P Fickle
Jno D Massingill
Subscribing witnesses
Polly ( her mark X ) Cross {seal}
Proven in open Court by oaths of R.P. Fickle and J.D. Massengill & ordered to be recorded
Test - A.J. Cross Clerk