Will of Henry Leigh, contributed by Janet K. Hawkins, firstname.lastname@example.org
Transcribed by Janet K. Hawkins, email@example.com from
Crittenden County Will Book 1, Microfilm roll #558426, Kentucky
Department for Libraries and Archives, Frankfort, Kentucky.
Surnames mentioned: Brown, Leigh, Maxwell, White, Felker, Holmes, Read,
Slaves mentioned: John, Glasco, Atteway, Dick, Deany, Lucy
Places mentioned: Caldwell, Todd, Crittenden, and Graves counties; 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.
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 Lee 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