Bullitt Co., KY
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Last Will and Testament of John Collier
JOHN
COLLIER’S WILL
Written May
10, 1819
Probated 1820
Nicholas County, Kentucky
In the name of God
amen. I John Collier of the County
of Nicholas and State of Kentucky taking into consideration the uncertainty of
life, and during it to dispose of my property in as equitable a manner amongst
my children as possible do make and declare this to be my last will and
testament in manner following to-with first unto my wife Hannah Collier I give
and bequeath the plantation whereas I now live with the necessary quantity of
woodland to support the same for and during her natural life together with such
part of the stock, household furniture, kitchen furniture and 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 cease the
same as to be divided and distributed as herein after mentioned, I also give and
bequeath unto my said wife Hannah the following slaves which I received by her,
to wit: Betty, Harvey, Amy, Judy, Tiny, Malinda, Lucy, Sally, Bill, Milly and
Joe, together with all the increase that may arise therefrom.
To have and possess the same during her natural life and at her cease
that the slaves and their increase shall be divided and descend unto my children
and grandchildren who have lost their mother in the following manner to-wit to
John G. Bacens wife Elizabeth and Charley Hutcheson a daughter and son of Sarah
G. Hutcheson deceased, one slave to John C. Bagley and James H. Bagley sons of
Lucy Babley decease one slave. To
Polly M. Allen, James and Obediance W. Allen daughter of Obediance Allen
decease. On slave to my sons
William, Hablett, Clariborne and Franklin, one slave each, and my daughters,
Patsy, Polly, Cynthia, and Pamelia one slave each with the increase arising
therfrom, I give and bequeath unto my sons William, Hamblett, Clairborne and
Coleman the places where they respectively live; for and during the life of my
wife Hannah, and after 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
manner lass shall be sold by executors herein after mentioned and the proceeds
thereof equally divided between my sons, William, Hamblett, 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 already had to pay various sums of
money for him, I do therefore give and bequeath one other slave, of the slaves
given to my wife, Hannah, after her decease unto Armstead 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 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
shereas 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 and such
terms as they may deem most desirable and the proceeds thereof to be equally
divided between all my children now living.
I give, and bequeath unto my grandsons, John C. Bagby and James H. Bagley
the sum of fifty pounds each to be raised out of my present estate and that the
executors let out the same all legal interest yearly until they shall
respectively arrive at legal age. It
is to be understood that the same is not to be let for a longer period than one
year at a time and that the interest is to annually added to the principal and
so continue until the period of their arriving age, and if either of them should
not arrive at age then the whole to the survivor, I give and bequeath unto
Harrison G. Minday the sum of sixty dollars, it being a debt due him by my son
Coleman. Having heretofore given my
daughter Pamelia a Negro who unfortunately died I do now give and bequeath unto
my said daughter Pamelia Hardy one Negro girl named Clara.
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 Negores
or loss of land that she have a sufficient support out of my estate during her
life time I will and bequeath all my slaves except those before named to be
equally divided between my children, William Hamblett, Claiborne, Franklin,
Patsy, Polly, Cynthia and Pamelia, provided however that distribution of them
shall 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 brother and
sister inherit said 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 preceding part of this
will that the property therein bequeathed was to go to the person 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, Hablett 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.
John Collier
Signed and sealed and
acknowledged in presence of
Thomas Collier
Joseph Morgan
John Collier
CODICIL
I, John Collier
do annex 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 slave of the slaves devised to my wife Hannah during her
natural life and after her death to go to my daughters Polly and Cynthia be and
the same is hereby revoked, and I do bequeath the one slave 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 slave of the said slaves to Lucy Green Finch and John C. Finch,
children of my daughter Cynthia Finch. In
testimony of the above Codicil to my last will and testament I have hereunto set
my had and seal this 11th day of May, 1819.
N. B. the words “which she has or may have by her husband Nicholas Amos”
intended before signing.
John
Collier
Signed
and sealed and acknowledged in the presence of
Thomas Collier
John Collier
Joseph Morgan
Nicholas
County Seat February Court – 1820
An
instrument of writing purporting to be the last will and testament of John
Collier, deceased, was produced in open court together with the Codicil thereon
endorsed, and was proven by John
Collier, Thomas Collier, and Joseph Morgan, witnesses thereto which will and
codicil is ordered to be recorded and on motion of Hamblett Collier and William
Collier the executors therein named (the other refusing to quality) who made
oath thereto, and together with Joseph Morgan, Armstead Hardy, Jesse Baskett and
Franklin Collier, their securities entered into and acknowledged their bond in
the penalty of five thousand dollars conditioned according to law and thereupon
a certificate is granted them for obtaining a probate with the will annexed in
due form.
Attest:
Andrew S. Hugh, CNCC
Note:
John Collier was a Captain in the Revolutionary War.
