Muhlenberg County Kentucky
Wills: W
Britton Willis, 1845
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Transcription
In the name of God, Amen. I, Britton Willis, of the county of Muhlenberg and Commonwealth of Kentucky, being in good health and of sound mind and disposing memory, but knowing that it is appointed for all men to die, do make and ordain this my last will and testament.
In the first place I will that all my just debts be paid.
2nd, I give and bequeath unto my daughter Jane Wright the sum of five hundred dollars, and it is my will and desire that this sum, as well as such further part of my estate as I may hereinafter bequeath to her, be paid by my executors into her own hands, or if they shall see reason to believe that it will best promote the interest of her children, it is my will and desire that my said executors load out the same at interest, and pay the same over to the children of said Jane as they respectively become of age.
3rd, I give and bequeath unto my daughter Ann Wright the sum of three hundred and twenty dollars.
4th, I give and bequeath unto my son James Willis three hundred & fifty dollars.
5th, I give and bequeath unto my son Matthew Willis one hundred dollars.
6th, I consider that my daughter Winifred Garret and my son David G. Willis have heretofore been sufficiently provided for, and I do not give and bequeath anything to them except my blessing.
7th, It is my will and desire that my slaves Philip, Chaney and Peter be free and have an enjoy all the rights of free persons of color in this Commonwealth, and I desire that my executors take all necessary and proper measures for their emancipation.
8th, It is my will and desire that my executors pay one hundred dollars to said Philip, and one hundred dollars to said Chaney, and one hundred dollars to said Peter, and I hereby give and bequeath three hundred dollars for this purpose. It is further my will and desire that if at the time of my death said Chaney should have a child under one year of age, that such child shall be free and go with its mother.
9th, I give and bequeath the sum of three thousand dollars to Hannah's five children whose names are as follows, towit, Rose, John Brank, Hendley Russell, Polly Ann & Ned. I have heretofore emancipated the mother Hannah and her two children, Rose and John Brank, and the other children have been born since Hannah's liberation. I will and desire that my executors, whom I do hereby appoint trustees to carry into effect this provision of my will, retain the said sum of three thousand dollars in their hands, paying over the accruing interest thereon from time to time for the benefit and support of said five children in such way as they shall believe most likely to avail and be of service to them, and as said children Rose, John Brank, Hendley Russell, Polly Ann & Ned become of age, I desire that my said executors pay each of them their respective portions of said three thousand dollars. But if from their conduct and habits my executors should believe that they or any of them should be likely to waste or misuse it, then I wish them to pay them or such of them as they shall judge likely to misuse it, in such proportions and in such times and manner, as they, my said executors, shall think best. I hereby give my said executors a full & broad discretion to control the aforesaid fund and dispose of the same for the benefit of said children in such way as they may think and judge most prudent & beneficent to said children.
I wish the said children bound out to good & careful persons, as each of them attains the age of eleven years, or sooner if my executors shall judge it best. If John Brank continues with his mother and does well, I do not wish him bound out, and I give to said John a sorrel filly named Sall, hereby authorizing my said executors to sell said filly and give said John another horse, if the filly would not in their judgment suit him. I have heretofore conveyed to said John Brank & Hendley Russell the land on which I live and if the same produces any rents, they are to go and enure to the benefit of said John Brank and Hendley Russell under the direction of my executors.
10th, I will and desire that all the residue of my slaves and all my stock of horses, cattles, hogs, and furniture, excepting such cattle, 8 or 9 head, and such furniture &c. as are in the negro houses and which belong to them, be sold by my executors on twelve months credit, and after setting apart a sufficient amount for the discharge of all the aforesaid sums bequeathed to my children, and the said five children of Hannah, and the said Philip, Chaney & Peter, then I bequeath and will all the residue of my estate to my said children, Matthew Willis, Jane Wright, Ann Wright, James Willis and the children of my son Thomas Willis deceased, giving to the latter the part their father would have received if alive, and I desire my executors to pay the said residue over in five equal parts to them.
I desire my executors to exempt from sale and leave on the place for the use of the negroes provisions for one year.
11th, I have hereto fore made provision for my wife Ann by giving up for her benefit three negroes, and suppose if she survives me she will claim no dower in my estate, but if she does and succeeds in obtaining it, my estate may be unable to meet and discharge all the aforesaid specific legacies, and if any of them should go unpaid I wish them to be those in favor of my children, and I will and desire that the three thousand dollars given to Hannah's five children and three hundred to Philip, Chaney and Peter be first provided for by my executors even though nothing should be left for the other legacies.
12th, I hereby appoint Charles F. Wing and Edward Rumsey executors of this my last will and testament, and as I have full confidence in their faithful performance of the duties of executors, I desire that they shall not be required to give any security further than their own bond.
I hereby revoke all former wills made by me and declare this my last will and testament. Witness my hand and seal this 8th day of September in the year one thousand eight hundred and thirty eight.
Britton his x mark Willis
Test
Alney McLean
James Weir
I, Britton Willis, being of sound mind & disposing memory, do make the following additions and alterations to my aforesaid will, by way of codicil and amendment ordaining the same as part of my said will. In my will aforesaid, I have given under certain regulations three thousand dollars to five of Hannah's children towit Rose, John Brank, Hendley Russell, Polly Ann & Ned, and I hereby alter & change said bequest in this particular towit I give and bequeath said three thousand dollars to said named Rose, John Brank, Hendley Russell, Polly Ann & Ned and to John Kinney, another child of said Hannah, which John Kinney was omitted to be named in my aforesaid will. Said sum of three thousand dollars is to be applied equally to the benefit of said six children of said Hannah under the regulations & subject to the discretion as set forth in my will aforesaid.
I hereby will and bequeath unto Jesse H. Reno in consideration of services rendered me and trouble incurred in my behalf, a negro boy named John Henry about seven years of age. I give and bequeath said John Henry (who is the child of the aforesaid Chaney) to said Jesse H. Reno and his heirs forever. I also will & desire that Eliza Ann, the youngest child of said Chaney, be free & emancipated at the time of my death, and I hereby declare her so, and as stated in my will aforesaid, if said Chaney has another child under one year old at the time of my death, it is my will that such child be free & go with its mother.
I further will and desire that my slaves Bob, Susan & Will, all three of whom are children of said Chaney, shall be free & emancipated at the periods following towit said Bob shall be free at the expiration of fifteen years from this date, and said Susan shall be free at the expiration of sixteen years from this date, and the said Will at the expiration of twenty years from this date, and the said three negroes are not to be removed from this county without the consent of my executors who are desired to see that their emancipation be duly attended to.
The whole of the provisions of my aforesaid will executed as aforesaid on the 8th day of September 1838 I declare in full force as my last will and testament except so far as the alterations and additions of this codicil change the same. I hereby reaffirm and declare the aforesaid instrument dated as afsd. the 8th Septr. 1838 and this codicil and addition my last will and testament.
Given under my hand and seal this 25th day of May 1842.
Britton his x mark Willis
Witness
S.M. Wing
Edward R. Weir
J. Edmonds Reno - old will read & codicil, both acknowledge and explained &c.
I, Briton Willis, being anxious to make an alteration in my last will and testament by codicil thereby making this following addition. I will at my death that my six slaves of the following names towit Stewart, Henry, Bob, Will, Susan and Jackson be free and to enjoy all the freedom of persons of color either in this state or in the United States. I give and bequeath to John Brank, a boy heretofore liberated by me, a good feather bed & furniture.
Witness my hand and seal this 6th day of April 1844
Britton his x mark Willis
Teste
John Campbell
Wm. H.C. Wing
My first will was witnessed by Alney McLean and James Weir. An amendment thereto (say 25th May 1842) was witnessed by E.R. Weir, S.M. Wing & J.E. Reno. They are both enclosed in this codicil altogether. They compose my will. Said Brank is to have the bed and furniture in addition to former provision. April 6th 1844.
Briton his x mark Willis
Teste
John Campbell
Wm. H.C. Wing
Commonwealth of Kentucky
Muhlenberg County
April County Court 1845
The foregoing last will and testament of Britton Willis deceased was exhibited into court and proved to be the act and deed of the said Willis by the oath of John E. Reno, a subscribing witness thereto, & ordered to be certified, and thereupon the codicil to which John Campbell & William H.C. Wing are witnesses was fully proved by the oaths of said Campbell & Wing, the subscribing witnesses, and at the May County Court 1845 said will was fully proved to be the act and deed of said Britton Willis by the oath of Edward R. Weir another subscribing witness thereto and ordered to be recorded.
Att. Ch. F. Wing Clk.
Source: Muhlenberg County Kentucky Will Book 3, pp. 66-70.
Updated August 22, 2022