Item: I give and bequeth to my son Hillary Capps the land and plantation whereon I now live with this exception, that my wife Mary Capps is to have the use of the house to live in her life and to be supported on but not liberty to take in anyone to cut down and make willful waste of said land and plantation and for my son Hillary Capps to take charge that she may not suffer this to him and his heirs.

Item: I give to my wife Mary Capps one cow and two heifers and three head of hogs, one feather bed and furniture, one horse with bridle and saddle, one pewter dish, one basin, and four plates, one chest, one safe, two wheels, one cotton wheel, one linen wheel, two tables, three cots, and one skillet. All this she is to dispose to whom she pleases at her death.

Item: I give to my son Francis Capps ten silver dollars out of the residue of my estate.

Item: My will and desire is the remaining part of my estate to be sold and equally divided amongst my three children to wit, Hillary, Sarah and Larany.

I constitute my son Hillary Capps the executor of my estate.
Signed Joshua Capps by his mark
Witnesses: Jesse Person and John Brewer.

I Hillary Capps of state and county aforesaid do of sound mind and in the fear of God make the following for my last will and testament.

First, to my four children Matilda, Makinny, Macon, and Whitmell, I give at my death all the tract of land on which I at present reside to be equally divided between them.

Two, to my daughter Nancy Haithcocke, I give the sum of forty dollars.

Three, to my daughter Jincy Thompson, I give the sum of twenty dollars.

Four, to my four children Matilda, Makinny, Macon and Whitmell, I give all the household and kitchen furniture, plantation tools and utensils of every sort, livestock of all kinds and all the corn fodder, oats, tobacco and other productions of my farm of which I may be possessed at my death to be equally divided between them by sale or a portion as they may choose.

Five, I hereby appoint David Dowten to be my executor and if he should refuse to become such, I request that Thos. J. Pitchford will act instead.

Signed and sealed - Hillary Capps

Witness Thomas Pitchford (Jurat)

I this day make the following alterations in my will and testament:

First, I give to my daughter Jincy Thompson and my daughter Nancy Haithcocke twenty acres of land each to be laid off so as not to include the dwelling house. Second, to my three sons Makinny, Macon and Whitmel, I give 45 acres of land each and to my daughter Matilda, I bequeth the balance of my land. To my son Whitmel, I leave the dwelling house to be included in his 45 acres.

Three: to my daughter Matilda, I give one bed and furniture.

Four: All the articles mentioned in Section Four of the first part of my will, I wish to have sold at public sale and the money taken to pay my debt and legacies in money and the balance if any be left, I give to my daughter Matilda.

Hillary Capps, his mark and seal
Witnesses: Thos J. Pitchford and Lunsford Baker (Jurat) his mark.

Warren County Feb. court 1841, this will and testament of Hillary Capps, deceased, was exhibited in open court for probate and the execution thereof being duly proven by the oaths of Thomas J. Pitchford and Lunsford Baker.

John Capps (his mark) seal

Test Joshua Capps Jurat
Hillary Capps Jurat

Warren County May Court of 1804, this last will and testament of John Capps, deceased, was proved by the oath of Joshua Capps and Hillary Capps and ordered to be recorded.

Test M. Duke Johnson