Will of Henry Leigh
Submitted by Janet K. Hawkins © 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.
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