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Will of
Henry Leigh
Submitted by
Janet K. Hawkins (janetiguana@cox.net)
© 2004. Transcribed from Crittenden County Will Book B. Microfilm roll 7002066,
Kentucky Department for Libraries and Archives, Frankfort, Kentucky.
Surnames
mentioned: Brown, Leigh, Maxwell, White, Felker, Holmes, Read, Byrd
Slaves mentioned:
John, Glasco, Atteway, Dick, Deany, Lucy
Places mentioned:
Caldwell, Todd, Crittenden, and Graves counties, KY; Fredonia
Note: Henry Leigh’s
slave Glasco did not go to Liberia. Glasco joined the 8th U.S.
Colored Heavy Artillery during the Civil War and later returned in Crittenden
County.
Will of Henry Leigh
In the name of God
Amen I Henry Leigh of the county of Caldwell and State of Kentucky being in
usual good health and sound mind and memory and knowing men are born to die do
make, ordain and declare this testament written with my own hand and subscribed
at the bottom of each page in my own name to be my last will and testament
setting aside and revoking and making void and of no effect all and every other
will or parts of a will directed, written or signed by me or any person for me
at any time heretofore.
Item first it is my
will and desire that all my just debts shall be paid if any should remain after
my funeral expenses are paid at my death. Whereas Mrs. Jane Brown my present
wife proposed a marriage contract before she got married by which she secured to
herself all of her own property and in consideration of my agreeing to it
relinquished all the right the law might give her in my property after my death
a copy of afsd naming contract is filed in my papers from the original recorded
in the Todd County court Ky before we were married.
Item 2nd
I give and bequeath to my wife Jane Leigh including of her dower which her
marriage contract her from getting out of my estate my lot on which stands my
dwelling house in Fredonia up to the road lead [sic] north to Boyds Mill and all
the grain and meat and provision that may be housed at my decease for her and my
black servants and one six part of all my growing and crop and live stock and
household and kitchen furniture except desk, bureau & bookcases & two tables to
have and to hold during her unmarried and natural lifetime and then the lot afsd
to revert to my legal heirs hereafter to be mentioned.
Item 3rd
it is my will and desire that my blk servants or slaves may be free at my death
(to wit) John, Glasco and Atteway’s two daughters Deany & Lucy and I do hereby
emancipate set my aforesaid black servants free and I desire and that Glasco and
John if they are willing go to Liberia and Dick and Deany & Lucy be sent to
Liberia and going to school here for one year clothing and schooling at my
expense of schooling and sending them to Liberia. I give Glasco all my land
that may be left on the tracts I bought of Maxwell and White after Scymus White
&[?] Felker have taken 300 acres which I sold them is taken off and the ballance
[sic] of my live stock and growing grain to aid him to Liberia or live here.
All my farming utensils also for the purpose of educating the afsd slaves, Dick
Deany & Lucy.
Item 4th
It is my will and wish that my niece and nephew Matilda R. Leigh and Henry Leigh
shall board, cloth [sic] and educate from & out of my estate their nephew Henry
Holmes the son of Juliet Holmes formerly Juliet Lee provided that the father or
other of the said Henry Holmes will permit the afsd Henry L. Leigh or Matilda R.
Leigh to have the profession of the sd Henry Holmes until it can be done at
least a good English education and I also will and bequeath to the said Henry
Holmes two thousand dollars to be paid him in the following manner to wit from
and out of my estate by the afsd Henry Leigh & Matilda R. Leigh: two hundred
dollars if he shall live to be twenty one years old and two hundred dollars at
twenty two[?] years old and [one inch of text missing] twenty five years old and
in case of the death of the said Henry Holmes without issue all the money or
property given and the balance unpaid out of my estate is to revert in remainder
to the afsd Henry L. Leigh & Matilda R. Leigh. It is my wish that the said Henry
Holmes may be fairly dealt with if he is inclined to take an education. I wish
him to be sent to school from six to twenty one years and to good teachers as is
in the value he may live.
Item 5th
I give and bequeath to my nephew Henry L. Leigh and my niece Matilda R. Leigh
and to their heirs now living in Marion and county of Crittenden and State of
Kentucky all my real and personal property the estate in fee simple except so
much as is in life estate. To my wife, to my slaves and to Henry Holmes in this
will and out contracted away I give and bequeath that all my desks, bureaus,
bookcase books printed or written all my patent deeds, bonds, notes and papers,
receipts and certificates bank stock, money on hand and money loaned and
interest in land I have sold which remains unpaid for in part or whole either in
Crittenden, Graves or Caldwell Counties Ky which land I bought of Alex Maxwell
Lawyer white and Samuel Brown’s heirs. The deed & patents are in my desk and
book case. I give also to nephew and niece afsd my house and lot on south side
of the road running through Fredonia Ky also my lots of land on the north side
of the afsd road adjoining N.C. Byrd’s lot on each side the land I bought of
John Read. All my merchandise store goods, all the lot and house and other
things given my wife in remainder. After death it is my will and wish that if
the afsd Henry L. Leigh or Matilda R. Leigh or Henry Holmes or anyone or two of
them should die without issue or children of their bodies that the surviving
devise or devises of the above mentioned person or persons shall leave all the
property real and personal of the deceased devise or devisees herein willed in
revision and remainder and I do hereby ordain and appoint the above mentioned
Henry Leigh and Matilda R. Leigh my executor and executrix to this my last will
and testament and do hereby authorize them or either of them to act without
given [sic] security or if they choose others to act for them who can give
security they can do so but wish that my executor and executrix become guardians
for Henry Holmes.
Henry Leigh
State of Kentucky
Crittenden County
Court
October 10th
1864
I Berry S. Young,
Clerk of the County Court for said county, hereby certify that on the 10th
day of October 1864 this writing purporting to be the last will and testament of
Henry Leigh decd was produced into court and proven to be his true last will by
the autho[?] of H.L. Leigh and S. Hodge and ordered to be recorded whereupon I
have duly recorded same and this certificate in my office.
Given under my hand
this 12th day of October 1864
Berry S. Young
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