Collier.John.1819.Bourbon-Nicholas.WILL This is the will of John Collier, my g-g-g-g-grandfather. He came to Bouron-Nicholas Co. ca. 1797 from Charlotte Co., Va., where he had lived almost 30 years. He was prob. born in Hanover Co., Va. - ------------ 41). Nicholas Co., Ky. Will Book B, pp. 70-72. Will of John Collier. Dated 10 May 1819. Codicil dated 11 May, 1819. Recorded Feb. Court, 1820. William and Hamlett Collier executors. These two and Joseph Morgan, Armistead Hardy, Jesse Baskett, and Franklin Collier entered security of $5.000 to obtain a certifi- cate of probate. Mentions in will "...and whereas I have a claim to a tract of land in Pendleton County, containing Eight hundred acres, my will is that the same tract be sold by my executors on such terms as they may deem most advis- able and the proceeds thereof to be equally divided between all my children now living." [Copy obtained from Nicholas County Courthouse, Carlisle, Ky. 40311]. Text of Will: "In the presence of God amen; I John Collier of the County of Nicholas & State of Kentucky. Taking into consideration the uncertainty of life, and during it to dispose in as equitable a manneramongst my children as possible, do make and declare this to be my last will and testament im manner following towit; First unto my wife Hannah CollierI give and bequeath the plantation wherein I now live, with the necessary quantity of wood[?] land to support the same for and during her natural life together with such part of the stock, household furniture, kitchen furniture, farming utensils as she may select, including her choice of three horse creatures, which said property she is to hold and enjoy during her natural life, and at her decease the same is to be divided and distributed as herein after mentioned. I also give and bequeath unto my said wife Hannah the following slaves which I recieved by her, to wit Betty, Ha[?], Lucy, Sally, Bill, Mitty & Joe, together with all the increase that may arise therefrom, to have and possess the same during her natural life and at her decease that the said slaves and their increase shall be divided and descend unto my children and grandchildren (who have lost their mothers) in the following manner to wit: to John G. Bacon's wife Elizabeth and Charles Hutcheson, Senr., a daughter and son of Sarah G. Hutcheson, deceased, one slave; to John C. Bagby and James H. Bagby, sons of Lucy Bagby, deceased, one slave; to Polly M. Allen, James M. Allen and Obedience W. Allen (daughter and sons of Obedience Allen, deceased) one slave; to my sons William, Hamlett, Claiborne and Franklin, one slave each; and my daughters Patsy, Polly, Cynthia and Permelia, one slave each with the increase arising therefrom; I give and bequeath unto my sons William, Hamlett, Claiborne, and Coleman the places where they respectivley live; for and during the life of my wife Hannah, and at her decease it is my will that the whole tract on which they and I live, containing three hundred and ninety one acres be the same more or less, shall be sold by Executors herein after mentioned and the proceeds thereof equally divided between my sons William, Hamlett, Claiborne and Franklin, and whereas my son Coleman does not attend to the interest of his family in the manner I could wish and having had to pay diverse sums of money for him, I do therefore give and bequeath, one other share of the slaves given to my wife Hannah, after her decease unto Armistead Hardy and John G. Bacon, in trust for the use and benefit of the said Coleman and Kitty, his wife, for and during their natural lives and at their deaths to revert to my other children, unless the said Coleman shall have legal issue, in that case the said child or children are to inherit the aforesaid share of property; and whereas I have a claim to a tract of land in Pendleton County, containing Eight hundred acres, my will is that the same tract be sold by my executors on such terms as they may deem most adviseable and the proceeds thereof to be equally divided between all mychildren now living. I give and bequeath unto my grandsons John C. Bagby and James H. Bagby the sum of fifty pounds each to be raised out of my personal estate and that my executors let out the same at legal interest, yearly until they shall respectively arrive at legal aage; it is to be [?] that the same is not to be let for a longer period than one year at a time and that the interest is to be added to the principal and so continue until the period of their arriving of age, and if either of them should not arrive at age the the whole to revert to the survivor. I give and bequeath unto Harrison G. Monday the sum of sixty dollars, it being a debt due him by my son Coleman; having heretofore given my daughter Permelia a negro girl who unfortunately died, I do give and bequeath unto my daughter Permelia Hardy one Negro girl named [?spelling]. It being just and right to provide a certain competence for my wife Hannah, it is my will and desire that in case of the death of any of her negroes or loss of land that she have a sufficient support, out of my estate during her lifetime. I will and bequeath all my slaves except those before named, to be equally divided between my children, William, Hamlett, Claiborne, Franklin, Patsy, Polly, Cynthia and Permelia, provided however that distribuition of their shares not be made, until all my debts are paid until which time they are to be hired out by my executors. Being justly indebted to George Hudspeth, of the State of Georgia in the sum of twenty dollars (the note for which sum being amongst my papers). My executors are required to pay him the same with legal interest as soon as possible, -- In case of the death of my grandchildren before mentioned, my will is that their surviving brothers and sisters inherit such portion of the before mentioned Estate as they would have been entitled, had they survived. I give and bequeath the balance of my Estate equally to be divided between my children before mentioned. Not having mentioned in the preceeding part of this will that the property therein bequeathed was to go to the persons therein mentioned, and their `heirs forever', my will is that they and their heirs do inherit the same, and lastly I do constitute and appoint, William Collier, Franklin Collier, Hamlett Collier and Claiborne Collier Executors of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this 10th day of May 1819. Signed sealed and acknowleged, John Collier in presence of Thomas Collier Joseph Morgan John Collier CODICIL I John Collier do amend this codicil to my before mentioned Will and Testament. Upon more mature reflection I do devise and bequeath, that the property heretofore mentioned, to wit: one share of the slaves devised to my wife Hannah, during her natural life and after her death, to go to my daughters Polly and Cynthia, [?] and the same is hereby revoked; and I do bequeath the one share of said slaves to the legal heirs of my daughter Polly Amos which she has or may have by her husband Nicholas Amos. I also bequeath one share of the said slaves to Lucy Green Finch and John C. Finch, children of my daughter Cynthia Finch. On Testimony of the above codicil to my last will and testament I have hereunto set my hand and seal this 11th day of May 1819. Thomas Collier John Collier John Collier Senr. Jos. Morgan Nicholas County [?] February County Court 1820 An instrument of writing purporting to be the last will and testament of John Collier Senr. Deceased, was produced in open court togrther with the codicil thereon endorsed, and was proved by the oaths of John Collier, Thomas Collier and Joseph Morgan, witnesses thereto which will and codicil is ordered to be recorded, and on motion of Hamlett Collier and William Collier, two of the Executors therein named (the others refusinf to qualify) who made oath thereto, and together with Joseph Morgan, Armistead Hardy, Jesse Baskett and Franklin Collier their securities entered into and acknowleged their bond in the penalty of five thousand dollars conditioned according to law, and thereupon a certificate is granted therein for obtaining a probate with the will annexed in due form ----- Attest Andrew L. Hughes [?] Submitted by: Ed Dolan Date: Fri, 11 Jul 1997