INTRODUCTION

This covenant is more that a deed. This document takes the place of a will. Here Thomas M. Smoot transfers all his property to his two sons, Daniel and William. Thomas receives $250, and a guarantee of life time support. Thomas’ second wife, Sarah ____, died 1841, Thomas died intestate, 1846.

State of Tennessee. Warren County, April 24th 1839

This indenture made this day and date between Thomas M. Smoot of the one part and William Smoot of the other part all of the county and state aforesaid. Witnesseth that the said Thomas M. Smoot being of ill health is [no] longer able to labor hath this day entered into a covenant with the said William Smoot and in consideration of two hundred and fifty dollars in money paid to the said T. M. Smoot and for the future maintenance of myself and my wife during our natural life time. I the said T. M. Smoot do this day make and convey unto the said William Smoot all my right, title and claim to the following described property being all the I hold by contract or otherwise of land & personal property first two hundred and twenty acres of land that I hold on the waters of the Barren Fork of Collins River purchased from Adam West for which land I hold his obligation for title and do this day do convey or transfer title of bond to said William Smoot, second all my personal property of stock of all description ___ ___ and kitchen furniture farming Tools &c. and whereas Daniel Smoot has paid a large amount of money for me, and not being present, the said William Smoot has agreed with this covenant to give to the said Daniel Smoot the privilege of being an equal partner in said covenant and entering into joint obligations in well and truly providing for the said T. M. Smoot and wife all the necessary comforts of life during their natural life time and then to make an equal part of the lands and the property and the emplements[?] & income thereof and ___ for me ___ of the said covenant the said William and T. M. Smoot ___ from their own choice ___ this day set their hands and affixed their seals ___ delivery of all property included in this __ing of the said Covenant Delivery and sealing ___ presence of us

Witnesses

T. A. Cantrell Thomas M. Smoot (Seal)

A. C. Thornhill William Smoot (Seal)

[Entry of Wm Armstrong, Clk. dated 26 April 1839 followed this covenant.]

Source: Warren County Deed Book “L” Page 205-6