William CALDWELL Will - 1823 Bath Co. Transcribed by Judith A. McClung Date: 25 Feb 2004 ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. Date: Mon, 01 March 2004 From: Judith A. McClung jmcclung1940@cland.net ********************************************************************* IN THE NAME OF GOD, AMEN, I, William Caldwell of the County of Bath & State of Kentucky, being very weak and sick in body but perfectly sound in mind and memory, but calling to mind the mortality of my body, & knowing that it is once appointed for all men to die, do constitute this my Last Will and Testament, that is to say, First, and principally, I recommend my soul to God that gave it & my body to the dust to be buried in a decent Christian-like burial. Secondly, I do give and bequeath to my beloved wife Elizabeth Caldwell one Negro woman named Dorkey during her natural lifetime, & also a complete support off the plantation whereon I now live during her lifetime. Thirdly, I have given to my daughter Ann P. Kincead, one Negro woman named Fanny, which I intend to be her full share of my real and personal estate. Fourthly, I have given to my oldest son John K. Caldwell one Negro boy named Charles which I intend to be his full share of any real & personal estate. Fifthly, I have given to my second son Joseph Caldwell one Negro boy named Stephen, also one hundred acres of land including the plantation where he now lives sixty acres lying east of the great Road out of Charles Smith's claim & forty lying west of the road out of Charles Roger's claim & the title is to be made to said land on the said Joseph Caldwell paying to my executors the full sum of one hundred and fifth dollars and not before which money will be due in five days after the date of this article which Negro and land I intend to be his full share of all my real and personal Estate. Sixthly, I have given my third son Ephraim Caldwell one tract of land containing fifty-nine acres whereon said Ephraim now lives together with all the benefit of the land that John Pinix (sp?) and myself is at Law for in case I should gain said land. Also, whereas there is a lawsuit depending (pending?) between myself and the heirs of Meather (sp?) & George Smith for two hundred and five acres and at the decision of said suit I should be successful & gain the said land then and in that case I wish said land together with all my personal property that may be on hand at that time to be valued with the exception of two Negros, namely Aanthony and Sally & in case said land and property should by valuation amount to the sum of three thousand dollars to my third son, Ephraim Cadwell and the same amount is to be to my two daughters Elizabeth Livaney (? Swany?) and Jane Reed. Also one hundred dollars to be paid to my oldest son John K. Caldwell & in case I should lose said land I still wish it to be valued with my personal property as above named and each one of the last mentioned four to draw in proportion to their several sums as the valuation may be. Further I have fourteen acres of land lying where Thomas Reed now lives out of Charles A. Smith claim. Also ten or twelve acres adjoining said fourteen acres out of John Fleming Cabin Tract (or grant) which lands I wish to be sold and the money arising from the sale of the fourteen acres tract I wish to go to the payment of my debts and the money arising from the said sale of the ten or twelve acres of land as spoken of before is to assist in paying a debt of two hundred and fifty dollars which I am indebted to Thomas Kennady of Garrard County. I further wish all the personal property that can be spared of the plantation to be sold and the money arising from the sale of said property to go to the payment of the debt of two hundred dollars that my son Ephraim Caldwell is bound with his endorsers in the Commonwealth Branch Bank of Mountsterling and my said son Ephraim is to pay a debt of one hundred dollars which I am bound with my endorsers for the same in the above said Bank. Lastly of all when the beforegoing Requisitions of this my Will is all complied with and fulfilled I give and bequeath to my sons James Caldwell and Andrew Caldwell equally all my real and personal estate with my two Negroes Anthony & Sally, & after the death of my wife the Negro woman named Dorkey which I give to my wife during her natural lifetime is to be inherited by my two last-named and youngest sons and for the complete fulfillment of this my last will and testament I constitute Andrew Kincaid and Ephraim Caldwell as my executors for that purpose and at the same time revoking and renouncing all other wills or bequeaths, whatever made by me prior to this my last will and testament. Signed, sealed and acknowledged before us this sixteenth day of August 1823. Wm Caldwell (seal) Walter Caldwell ) Andrew Trumbo ) William H. Fleming ) Bath County September Court 1823: This last will and testament of William Caldwell, Dec'd, was produced and proven in open court by the attorney of Andrew Trumbo and William H. Fleming. Witness thereto subscribed and ordered to be recorded & established whereupon the same is truly recorded in my office as the law directs on the motion of Ephraim Caldwell & Andrew Kincaid, the executors in said will named who made oath thereto as the law directs. It is ordered that probate be granted them in due form giving security whereupon they together with Andrew Trumbo, Secrt. & Duncan P. Richy entered onto & acknowledged bond in the penalty of $2400 conditioned for the due and faithful administration of said decedent's estate & performance of his will. Examined. Atteste: William J. Ludduth, C.B.O. ************************************************************ The James Caldwell mentioned in this will is my 3 gt grandfather. The father of the William who made this will is a Samuel Caldwell who came into Kentucky in the 1780s. Seeking records on any of the above.