Logan County KyArchives Wills.....Drane, Thomas O November 5, 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Joe Drane III jbdiii@satx.rr.com October 9, 2009, 12:18 pm Source: Logan County Archives, Russellville, Ky. Photocopy Courtesy Of Linda Holley Written: November 5, 1850 Recorded: January 27, 1851 Last Will And Testament of Thomas Offutt Drane as transcribed from a photocopy of the original from Logan County archives, Russellville, Kentucky Photocopy courtesy of Linda Holley by Dr Joe Bates Drane III, 3rd great grandson of Thomas O Drane August, 2009 I Thomas O. Drane of Logan County Ky, in view of the uncertainty of life and the certainty of death do make, ordain and publish this my last will and testament hereby (on account of deaths that have occurred and a change of circumstances in several particulars) revoking expressly all other and former wills. 1st Item Whereas there has been heretofore made, as marriage contract between myself and my present wife, Sally Ann Drane entered into before our marriage which was proven by the subscribing witnesses thereto and recorded in the Logan County court clerks offices on the 21st day of May 1846, now it is my will and desire that said marriage contract shall be fully, strictly, and in good faith carried out & executed, and I hereby devise and bequeath to Elijah Gorham as trustee for the use and benefit of Sally Ann Drane and her two children Thomas Jefferson and George Washington all the property both real and personal and money which is named and specified in said marriage contract. The same to be held, that is the title thereto exclusively for the use, benefit support and maintenance of the said Sally Ann and her two children above named the property thus given in trust to the sd (3) Gorham for the purposes above stated is as follows towit the tract of land on which the said Sally Ann lived when said marriage contract was made, containing about one hundred and forty acres be the same more or less, our negro man named Big Jim, negro woman Almira her two children Eliza and Francis, our wagon and three pair of geese two bay horses, Ned and Jule, mare Kit and her colt, twenty head of sheep, two cows and calves, thirty head of hogs, one large and two small ploughs, two mattocks, two axes, one bed and furniture and bed stead, four hundred dollars for building a house and repairing upon the land aforesaid. It is my will that if either of the horses, mares, or articles of personal property named in said marriage contract and above set forth should be dead or not on hand at my decease, my executor is directed and authorized out of other stock on hand and otherwise out of my estate to supply such of said articles as may thus be offing. In further execution of said marriage contract I give and bequeath the sum of five hundred dollars for the education of the said two children of said Sally Ann towit Thos Jefferson & George Washington and as I have heard that Mr F Todd has become embarrassed (PAGE BREAK) since said marriage contract was made I direct and authorize my executor to pay the said sum of 500 dollars over to Mr Todd only upon the condition he gives bond and ample security to apply the said sum faithfully for the education of the above named children. In further execution of said contract I give to the said Thomas Jefferson, son of said Sally a negro boy named Bill now about two years old and our brass clock. ~ 2nd Item I give to George Washington Drane son by said Sally a yellow boy named Ben Mantillo 3 Item (sic) I devise to Thomas Jefferson and George Washington Drane sons by said Sally twenty acres of timbered Land conveyed to me by Caleb Willoby said deed dated 9th day of February 1847 ~ The timber thereon will answer to keep the farm above devised to them and their mother in repair. 4th Item In further execution of said Marriage contract it is my will that all such furniture and property as the said Sally Ann had at our marriage and brought unto my family which is remaining at my decease shall be given to her by my executor. I allso give to her my carding and spinning machine, and a bay colt folded, a male colt the mare of whom it was folded being dead allso half a dozen split bottom chairs. I allso give to my wife the said Sally Ann 150 barrels of corn. I allso give to my wife the table or cupboard furniture, except the silver ware of all sorts which is not given to her. 5 Item (1) I give to Andrew Jackson the last born child of Sally Ann Drane two hundred dollars and no more. This together with what I have given to my said wife and her two older children is considered by me sufficient for the support of my said wife and such children as she now has or may have hereafter and It is not my will or instruction to give to her or to her issue born or to be born hereafter any more of my estate. ~ 5th Item (1) I give and devise to my son Thomas H Drane two hundred acres of land out of my connexion of lands on Red River which I purchased from William Kirkland by deed dated the 2 day of Nov 1822 to be laid off as follows that is to say off the eastern side of said connexion, at the discretion of my executor so as to give the said Thomas only 200 acres in our body. I also give to my son said Thomas H Drane my yellow man Jim Lyons allso my stud horse Salomon allso one hundred barrels of corn if there be so much left on hand after my wife is supplied with the 150 barrels given herein to her. I allso give to my said son Thomas H. five hundred dollars in money. ~ 6th Item I give unto my son Walter H Drane my surveyors compass, now in his possession I make no further bequest to my son Walter for two reasons: first he is now very wealthy, far more so than I am, and does not need, perhaps does not, and certainly ought not to devise desire to diminish the portions of the other devisors, who are least in moderate circumstances so to (PAGE BREAK) increase his ample fortune; much I have expended much more upon his education, Sholastic & proffesional than upon that of my other children, except my son Westley and have thus enabled him to succeed better in life than they have. 7th Item I give to my son James Festus Drane my negro woman Priscilla and her increase now in his possession. 8th Item I give to my son John M Drane two hundred acres of land in our body, to be laid off from the north Eastern side of my said connexions of land on the Red River named in the 5th Item above to be laid off in our body at the discretion of my executor But in such manner as to include the farm the said John M Drane now lives on and so as to contain only 200 acres in our body and not to interfere with that to be laid off to my son Thomas I allso give to my said son John M Drane my negro woman Henny and her children Susanna and Ellen and all her other children or further increase if she should have any. Allso I give him my road wagon. 9th Item I give to my son Westley three hundred dollars and no more for the reasons given for Walter Drane. 10th Item I give to my son Philip E Drane two hundred and eighty six acres of land in our body out of my said conexion of lands on Red River as named in the fifth 5th and 8th Items of this will It being the entire resides of said conexion after the quantities herein devised to Thomas H and John M Drane are taken and laid or divided off to them by my executor as heretofore provided in the said 5th and 8th Items of this will, said Phillip E Drane’s part of course is to include the mansion house and the appertenances adjacent trusts, I allso give to said Phillip the negro boy Sano heretofore delivered to him, and whom I understand he has disposed of The intention being merely to to signify that he has done so with my permission and that he is entitled to the proceeds divided by him from the sale of said boy. 11th Item I give to my daughter Rebecca McGruder my negro woman Matilda and her increase now in her possession if disposed of by herself and her husband. 12th Item I give to my daughter Mary Tupper my negro girl Mary now in her possession and all her future increase 13th Item I give to Caroline Grady my daughter during her natural life my negro women Octavia & Mariah together with all their increase to belong to her children at her death said slaves and their increase to belong to her children or such of them as shall survive the sd Caroline 14th Item I do not give anything in this will to my grand children Thomas and Mary Holland because I have advanced as much to their mother in her life time as I thought just and proper considering the amount & value of my estate. ~(PAGE BREAK) 15th Item It is my will that should I depart this life whilst there should be a growing crop on my farm then and in that case my wife and her family and slaves may remain on the farm may remain on the said farm untill the the 4 first of January next after my decease. Then all the slaves herein devised as well as those not specifically devised shall be retained by said executor on the farm and employed by him until such growing crop be fully made, gathered and secured and then and not till then shall the devisees receive their slaves provided however that this provision shall not apply to the slaves devised to my wife and to her children who shall pass together with their use immediately to them. 16th Item I own two small tracts of Lumbered land on the Ky & Ten state line which are the 7th and 8th tracts named and described in said William Kirklands deed to us dated day of November 1822 which tracts of land I will and direct my executor to sell for the best price to be procured in his discretion and he is hereby authorized to sell said land and convey the same to the purchaser or purchasers 17th Item It is my will that the whole residue of my estate real formal and mixed except such as is herein before specifically devided & bequeathed shall be sold by my executor at a credit of twelve months, including my slaves or such of them only as are not herein devised specifically towit Abraham, Little Jim, Wilkerson, Valentine, Smokey, Esther, Martha Jane, Cap, Joe, Juliet and Sophie Juliets child and such other of my slaves if any not remembered except those given by & in the marriage contract with my sd wife and which have been specifically devised herein. These slaves to be sold by my Executor together with all the rest and residue of my estate not otherwise so disposed of herein by my Executor who is authorized fully to sell & convey. And the entire proceeds of such sales of land, personality, slaves, crops, etc etc shall constitute a fund after deducting expenses of such sales which fund shall be applied to the following purposes towit 1st to the payment of funeral expenses 2d to the payment of all the expenses arising from and incidental to the proper execution of this my last will including fees & costs to officers and attorneys and allowance and commissions to my Executor, 3d to the payment of outstanding debts if any 4th to the payment of the money legacies herein given to the various legatees in full, or pro rata if such fund should prove insufficient to pay all. And if after the payments made out of said land for the purposes above named in the order as named, there should be a balance left such balance shall then be equally divided between Thomas H Drane, John M Drane James F Drane, Rebecca McGruder, Mary Tupper and Caroline Grady. 18th Item It is my will that my executor reserve an eighth of an acre of ground, including the present family (PAGE BREAK) Burying ground and he is authorized to enclose the same with a neat cedar railing and the graves with a neat stone wall; this part thereof to be paid out of the last above named before this same shall be divided. 19th (Item) It is my will and I hereby appoint Elijah Hiss as my executor to execute this my last will and testament and should any cause prevent him from accepting and becoming qualified as such, In such case it is my desire that John Farmer Esq should be appointed as such executor. Signed, sealed, acknowledged & Thos. O. Drane (Seal) Published in the presence of Robt. A. Poor R. M Shakelford A. Burr I Thomas O Drane this day make ordain and publish this a codicil to the foregoing last will and Testament, the negro man Jim Lyons bequeath in the said foregoing will is at this time sick and will in all probability be sickly as long as he lives. I therefore give him and bequeath him to said son Thomas H Drane in addition to Jim Lyons my negro man Abraham who is divested to be sold by the 19th item in said will. In testimony of the foregoing I the said Thomas O Drane set my name and affix my seal this 5th day of November AD 1850 Witness Thos. O. Drane (Seal) Wm J Morton R N Beauchamp I Thomas O Drane this day make ordain and publish this a codicil to the foregoing last will and Testament. It is my will and I hereby appoint John Farmer Esq as my executor jointly and equally with Elijah Hise to execute this my last & Testament in Testamony of the foregoing. I the said Thomas O Drane hereto set my name and affix my seal this 22 day of November 1850 Witness Thos. O. Drane (Seal) R N Beauchamp Singleton Conlin Logan County pct: I Marmaduke B Horton clerk of the Logan County court do certify that at a county court held for said county at the courthouse in Russellville on the 27th day of January 1851 the foregoing will of Thomas O. Drane Decd with the codicil thusto was produced in open court & proven the will, by the oaths of Robert A Poor & Aaron Burr souls in living witnesses thereto to be the act & deed and last will & testament of said Drane and the first codicil by the oaths of Wm J Morton and R N Beauchamp souls in living witnesses thereto, and of the second codicil by the oaths or R N Beauchamp & Singleton Conlin souls in living witnesses thereto to be this act & deed & codicils to the last will and testament of said Thomas O. Drane Decd. ~ Whereupon said will and codicils were ordered to be recorded. ~ In testimony whereof & that this same together with this certificate have been duly admitted to record in my office I hereunto set my name this 27th January 1851. M B Morton clec By Daniel Morton D.C. TRANSCRIBER NOTES: 1. The will writer mistakenly listed the 5th item twice. 2. The writer left a space for, but never entered a day of sale. 3. Sd was used in the writing as short for “said” 4. The word “the” is used twice by the will writer General Notes 1. The transcription page breaks are the same as the handwritten will 2. Lineouts in the body of this transcription accurately portray scratched out words in the handwritten will File at: http://files.usgwarchives.net/ky/logan/wills/drane437gwl.txt This file has been created by a form at http://www.genrecords.org/kyfiles/