Will of Benjamin Kilgore
 

This Livingston County material is provided by Happy Greer, braimer@kiwi.dep.anl.gov who transcribed and abstracted it from microfilmed copies of the original Will Books.



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Will of Benjamin Kilgore
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(Will of Benjamin Kilgore,dated March 22, 1802;
Proved September 1802, Livingston County, Kentucky)

"[page]45        BENJAMIN KILGORE        Will

I BENJAMIN KILGORE of the state of Kentucky & county of
Livingston being weak in body but of sound and perfect
mind memory reason and understanding now calling to mind
the mortality of my body and Knowing that its appointed
of god for all flesh once to die do make ordain and declare
this my last will and Testament and desire it to be recieved
by all as such
first my body to the Earth from whence it was taken  my
soul to god who gave it. touching my worldly estate wherewith
it hath pleased god to bless me with in this life I will and
positively order that it be dealt with and disposed in the
manner following and herein after mentioned by those to
whom I shall commit its future management  I order that all
my worldly debts be Justly paid out of my estate. then I
leave to my son JAMES KILGORE two dollars as his full share
of my estate and I also give to my daughter JANE ADAIR the
like sum of two dollars as her full share of my estate to be
their entire share and Legacy forever of my estate  then I
order that my son JONATHAN KILGORE be schooled so long as will
enable him to read write and cypher well as far as the rule of
three at the expence of my estate  then I will and positively
order that all and singularly every part and parcel of the re-
maining part of my estate together with my Lands Tenements
and hereditaments be and remain in and for the proper possession
use and support of my wife JANE KILGORE for and during her
natural lifetime without any other distribution except such as
may be necessary for then from and after the time of her death
I will and positively order that the remaining part thereof be
conducted in the manner following.  I give to my son JONATHAN
KILGORE one negro girl named JUDE aged about nine years old
as also the plantation and tract of land whereon I now live
containing two hundred acres which I also order to be cleared
through the office at the expence of my estate and if he the
said Jonathan should die before he marries or comes of lawful
age then the Legacy left him to be equally divided between
ELIZABETH WOOD,ISABEL GREER,JOHN,WILLIAM,DAVID,HUGH,SAMUEL
and POLLY KILGORE.  then I also give to my son
BENJAMIN KILGORE fifty dollars as his full share and
Legacy out of my estate forever
I also give to my son JOHN KILGORE one negro boy named GEORGE
aged about two years old.  I also give to my son DAVID one
other negro boy named DANIEL aged about five years old. I
also give to my son HUGH one negro woman named SYLVI aged
about Twentysix years old.  I also give to my son SAMUEL
one negro man named DANIEL aged about twentynine years old.
I also give to my daughter POLLY KILGORE one negro boy named
PETER aged about two months old, the five last mentioned ne-
groes if alive at the death of my wife are to be valued by
two or more fit persons and the Legatees to whoom I have
left them are to recieve them at their valuation   then all
my other estate that may be yet remaining together with the
increase of the negro woman left HUGH KILGORE if any there
should be before the death of my wife I order to be sold in
due form of law and the money arising therefrom to be equally
divided between ELIZABETH WOOD, ISABEL GREER and WILLIAM
KILGORE.  then the five Legatees to whoom I have left the
five last mentioned negroes shall pay back or recieve as the
case may be so as to make the Legatees all even and equal
between ELIZABETH WOOD, ISABEL GREER,JOHN,DAVID,WILLIAM,
HUGH,SAMUEL & POLLY KILGORE but if either of the last five
mentioned negroes should die before the Legatee recieves it
they shall yet command their equal share as before mentioned
so as to have the same advantage as was before mentioned. I
also make ordain depute constitute and appoint my wife JANE
KILGORE executrix and JOHN MERCER execut[or] of this my
last will and Testament in Testimony of this being my last
will and Testament I do hereto set my hand and affix my seal
this 22nd day of March in the year of our Lord one thousand
eight hundred and two & directed? to be recieved by all such--
Two half lines on second side was erased out before signed
sealed Delivered in presence of
WILLIAM GILKEY      Z B HOBERT
JONATHAN GREER                       BENJ.N  KILGORE (seal)
                 Livingston county

                  September county court 1802

              this will was exhibited in court and Proved
by the Oathes of WILLIAM GILKEY  Z.B. HOBERT and JONATHAN
GREER subscribing witnesses thereto and ordered to be
recorded    Test  ENOCH PRINCE C.H.L."
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Names in will:
KILGORE,Benjamin
KILGORE,Jane (Wife/Extx.)
Children:
KILGORE,James,Jonathan,John,William,David,Hugh,Samuel,Benjamin
KILGORE,Polly
ADAIR,  Jane
WOOD,   Elizabeth
GREER,  Isabel

Slaves: Male--
GEORGE (abt. 2 yrs./to John Kilgore)
DANIEL (abt. 5 yrs./to David Kilgore)
DANIEL (abt. 29 yrs./to Samuel Kilgore)
PETER  (abt. 2 months/ to Polly Kilgore)
Slaves: Female--
JUDE (abt. 9 yrs./to Jonathan Kilgore)
SYLVI (abt. 26 yrs./to Hugh Kilgore)

Exr.:   MERCER, John
Witnesses:
GILKEY,William
GREER, Jonathan
HOBERT,Z B

Will of Lilburne Lewis,1812,Livingston Co.,KY  Will of LILBURNE LEWIS,4-10-1812,Livingston Co.,KY. proved and recorded May 1812. (Livingston County, Kentucky, Will Book A, p.34): "In the name of God Amen This my last Will &c 1st Its my desire that all my Just debts be paid and then my property both real & personal be equally divided between my children JANE W. LEWIS, LUCY J. LEWIS, LILBURNE L. LEWIS, ELIZABETH LEWIS, ROBERT LEWIS & JAMES R. LEWIS reserving to my beloved but cruel wife LETITIA G. LEWIS her Lawful part of said property during her natural life 2nd It's my desire that my beloved father CHARLES L. LEWIS be possessed of the riding horse which I purchased of HURLY, my rifle & shot bag during his natural life also my walking cane and that my be- loved sisters MARTHA C. LEWIS, LUCY B. LEWIS & NANCY M. LEWIS may be comforted from the perquisites of sd estate by my executor as prudence may require or in other words so as to do my children and themselves entire Justice. 3rd I do hereby constitute my be- loved father CHARLES L. LEWIS the revd. WM. WOODS near Salem, SAML. C. HARKINS, JAMES McCAWLEY & RICHD FERGUSON my executors whoom I must remind that HENRY F. DELANY has receved a fee from me for the prosecu- tion in a Trespass against JAMES RUTTER senr., JAMES RUTTER Jnr., JAMES YOUNG & THOMAS TERRY given under my hand this & revoking all and every other will heretofore made/ ninth day of Apl. Eighteen hundred and Twelve. LILBURNE LEWIS --? NB. my dog nero I do hereby bequeath to my beloved father. L.L. Rocky Hill Apl. 9th 1812 Mr. JAMES McCAWLEY I have fallen a victim to my beloved but cruel LETITIA. I die in the hope of being united to my other wife in heaven. take care of this will & come here that we may be decently buried. Adieu. L LEWIS NB. within this enclosure myself and brother requests be entered (sic) in the same coffin and in the same grave. Rocky Hill Apl. 10th 1812 my beloved but cruel LETITIA receive this as a pledge of my forgiveness to your connections the day of Judgement is to come. I owe you no malice but die on account of your absence and my dear little son JAMES Adieu my love LILBURNE LEWIS Livingston county Sct. May county court 1812 The within will was proved to be the hand writing of LILBURNE LEWIS by WILLIAM RICE, JAMES McCAWLEY and LILBURNE LEWIS senr. and ordered to be recorded. Test. Enoch Prince CLC" I copied the above will in my notes--even though I am aware of no connection to my lines--simply because it is intriguing. I made other notes on the Lewis children in court records following the death of their father and will try to submit them at a later time.

 

Will of Dickson Given,1816, Livingston Co, KY Will Book A, pp.130-132) DICKSON GIVEN'S Will Frankfort 12th July 1816 In the name of God Amen I DICKSON GIVEN of the County of Livingston and State of Kentucky now on a lengthy journey and sound in mind memory & best knowing the uncertainty of human life. If I never should return from sd journey to Philadelphia make this my last will and testament. 1st. I wish all my just debts to be paid and the partner- ship I am now in with my ever beloved Brother I wish to be closd. as soon as would be convenient 2nd. I wish my ever beloved wife NANCY GIVEN after all the Just debts are paid to have the one third part of my estate during her natural life both personal and real and at her decease to go equally to my children except the sum of five hundred dollars which I allow my wife to dispose of as she may please 3rd. I wish the remaining two thirds of my estate to be equally divided Between FAYETTE HENRY GIVEN, MARY LUCINDA GIVEN and AUGUSTUS NEY? GIVEN and if DOCTOR JAMES A. WHITE who now has my other child EASTHER ARAMINTA GIVEN in his possession should not immediately on my decease settle on her as much or more than I have to give my other children agreeable to his promise--In case of his failure a thing I think there is no doubt to be entertained but what he will comply as I always had and doe view him as a man of the strict- est honour and integrity I say in case of his failure as above I wish my daughter as above mentioned EASTHER ARAMINTA GIVEN to have an equal part with the balance of my children and I wish if he should comply as promised I wish to give my daughter in remembrance that she may not think after I am dead and cold in the grave that because she did not live with me I had forgot her--I say I wish her to have a present out of any part of my property to the amt. of two Hundred dollars or to that amt. in anything she may fancy. I wish my execu- tor which will be hereafter mentioned to get and purchase any thing she may want to that amt. above stated because she is absent? perhaps she may see those lines I wish to here observe to her that my affection is as strong as ever is (sic) was for any of my children for her 4th. wish my ever beloved Brother JOSEPH R. GIVEN my present partner and only brother to be my executor to take charge of all my earthly efects and I wish him not to be bound in any security I further wish him in case my beloved wife should ever marry again a thing I think likely as she is yet young to take charge of my children and put them out to school and not suffer them to live with a step father as step fathers are so apt to abuse children I wish here to observe for fear my ever dear wife may think this hard as she has suffered many pains and fatigues in raising those children that I have the utmost confidence in her and if I should never see her more I will here observe that I believe I have been blessed with one of the most affectionate and beloved companions that ever man was blessed with but if her 2nd Husband was to go to abuse my children what could a woman's arm do to hinder such abuse and my blood runs cold now in my Veighens to think of my little darling Babes receiving the stripes from a step father, - I should be glad if my wife could reconcile it to herself to never marry and raise our little darlings and her and my dear Brother conduct their education both male & female but this from the common corse of things I could hardly expect as she is young. She may now think she will never marry but I fear will get out of that notion. 5th. I wish my child- ren to have a complete education if it should take the chief part of their patrimony to doe it - I doe not wish them to la- bour under the same disadvantages that I doe my mind being as good as many others that is calld men of tallent, yet language is denyd. me to convey my Eides for the lack of education. both male & female I wish completely educated - this I will leave particularly with my brother for him to conduct their education with the advice &c. of my dear wife so long as she remains a widow -- I wish my dear wife to have and keep my portrait remembering at same time that is the resemblance of a man who was dearly attached to her and if the other world we should ever meet and be known to each other it would be gratifying to me in the extreme to see the partner of all my pleasures and griefs and know at same time she had well done her part below with our dear babes which lies heaviest on my mind, that and parting with my friends here below. And at her decease for my portrait to be given to some one of my children that appears the most anxious for to keep my resemblance. this will be judged off by my executor 6th. I wish here to observe that one principle reason for making my will at this time is that if I never should return I do not wish the County Court of Livingston to have any management of my children as I have always thought it was universely done by them. I do not wish to hurt their feelings of said Court many and indeed the most of them I venerate as men of a great deal of goodness of heart not surpassed by any but merely? the difference of opinion be- tween them and me 7- I wish my negros and real estate to be divided and indeed all of my estate that can be done without selling I wish the whole management to be in my executor to sell or keep the pers- onal estate as he may think would be best And I wish my negro boy NERO to live with my wife during her widowhood to manage and take care for her and when she marry I wish him to be sett free or I will leave it with my executor to sett him free or treat him as well as if he was free he has been a faithful servant to me and I would note he should not be abused but will leave this entirely with my executor to do as he pleases - In testamony whereof I have hereunto set my hand date above - I certify to the world this is my hand writing for above purpose - Dickson Given Commonwealth of Kentucky Livingston County Towit I JESSE PATTERSON Clerk of the County Court for the County aforesaid do hereby certify that this the last will and testament of Dickson Given decd. was this day produced in open court and proven by the oaths of JOSEPH WATTS, ROBERT A. PATTERSON & JESSE PATTERSON who testafied that the whole of said will and the name thereto subscribed is in the hand writing of said Dickson Given and the said will was thereupon ordered to be recorded In testamoney whereof and that I have recorded the same and this certificate I hereunto set my hand this 1st day of April 1833. Jesse Patterson c.l.c.c.


The Will of JAMES T. GREER,Senr. written 1806 in Livingston County, proved 1810 in newly formed Caldwell County,Kentucky. "In the name of God amen. I JAMES GREER SENR. of the state of Kentucky and County of Livingston being of sound and Perfect memory and understanding now calling to mind the mortality of my body and knowing that it is appointed of god for all flesh once to die, do make ordain and constitute this my last will and Testament,and desire to be recd by all such, First I give my body to the earth from whence it was taken,my soul to god,who gave it, desiring and beseeching his most gracious acceptance of it, Also directing that my burial may be decent without pomp or state and as touching my wordly (sic) estate wherewith it has pleased god to bless me in this life I will and possitively (sic) order as follows. First,that all my wordly debt be justly paid,then I give to my beloved wife ELIZABETH GREER all my household furni- ture together with my whole Stocks of Cattle hoggs and sheep to- gether with four head of Horse forever,to be disposed of at her own will and pleasure after the time of my death,I give to my son JONATHAN GREER the Sum of ten dollars, To my son ISAAC GREER one bay mare,To my son WILLIAM GREER ten dollars. To my daughter RUTH GREER one hundred acres of land to be laid out to her ad- joining to the most Southwardly corner to my additional claim of one hundred and Seventy Six acres. I also give to my son JAMES GREER JUN. all the remaining part of my land be it more or less. I Also make ordain and appoint my beloved wife my sole executrix of this my last will and Testament. In witness wherof I do hereunto Set my hand and Seal this 23d day of August 1806. Signed sealed and delivered in Presence of us J MERCER JAMES T GREER Senr. (Seal) ISAAC GREER Caldwell County Sct August Term 1810 I JOHN H PHELPS Clerk of said Court do testify that the within last will and..." Personal notes: 1.) The above from page 18, Caldwell County,Kentucky Will Book A. I do not have page 19 in my files. 2.) JONATHAN GREER, son of James T. and Elizabeth Greer died appx. 1808, according to Court Records. 3.) JAMES T. GREER,Senior's widow ELIZABETH d. just a few months afterward in about November 1810. 4.) Son WILLIAM GREER moved to Marengo County, Alabama and died there. I will submit his will in later posting. 5.) Daughter RUTH GREER married JOHN PENNINGTON 1817 in Caldwell County. Ruth Pennington's will was made and filed in Marengo County, Alabama, Dec. 1844 pending a proposed journey to Louisiana. To be submitted at a later time with other Marengo Co,Alabama, info. 6.) Son, ISAAC GREER may also have gone to Marengo Co, Alabama, but not convinced yet. There were several Isaac Greer's who were in Marengo Co,AL, (and Sumter Co,AL) records, however. 7.) Son, JAMES T. GREER, Jr.-- haven't pursued this yet. I hope these notes may be of some help to others. JAMES T. GREER,Senr. was my GGGG Grandfather.
 
 
 
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