Montgomery County KyArchives Wills.....Green, Thaddeus October 11, 1861 ************************************************ 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: Ann Mefford turtle111@windstream.net November 26, 2009, 8:54 am Source: Montgomery Co., Ky Will Book F, Pages 109-112 Written: October 11, 1861 Recorded: March 4, 1861 In the name of God Amen! I Thaddeus Green of the county of Montomery and state of Kentucky, being weak of body, but of sound mind and disposing memory, (for which I thank God), and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with, I give and bequeath the same in manner following: 1st. I will and desire that all my just debts and funeral expenses be paid as soon after my decease is possible. 2nd. After the payment of my just debts and funeral expenses, I give to my beloved wife Ellen Green one third part of my real and personal estate, to wit, one third part of my land according to quality, having __ regard to the value of my improvements; also one third part of my negroes, including my negro man Ellick and my negro woman Susan, and if they should not be equal to one third of my negroes in value the balance is to be made up to her in other negro or negroes, as near as may be convenient, and the balance to be made up to her in personal property or money, and to take of my personal property at its appraisement value to make her one third part thereof. 3rd. I will and desire that my hereinafter named Executor sell the balance of my personal estate on a six month credit, and the net proceeds thereof including the money on hand, to be disposed of as follows, Five hundred dollars to be paid to my sons Beal Greene and Newton Green each, and if my son Newton Greene should die without heirs then five hundred dollars, together with the balance of my estate that he may get or be entitled to , be equally divided between his brothers and sisters and their heirs. 4th. I give and bequeath to my grandchildren-the children of John B. Drake, the sum of Four hundred dollars each, which include the money I have placed in the hands of my son James Greene for them, and should one, or any of the children of said John B. Drake-my grandchildren-die without heirs the sum herein bequeathed to such deceased heir is to be equally divided among the remaining children of said John B. Drake-my grandchildren-. 5th. I give and bequeath to my grandson Franklin Masterson, the sum of fifty dollars. 6th. It is my will and desire that the balance of my real estate out side of my wifes dower, be equally divided between my children, Beal Greene, Newton Greene, James Greene and my grandson James H. Hazelrigg, and if my hereinafter named Executor and Commissioners think it best to sell the land, then it is my will and desire that the land outside of my wifes dower and exclusivive of my Grandson James H. Hazelriggs share, be sold and the proceed thereof be equally divided between my sons Beal Green, Newton Greene and James Greene. 7th. It is my will and desire that my Grand son James H. Hazelrigg's portion of the land be laid off by my hereinafter named commissioner adjoining my wifes dower; and if my wife and Grand son James H. Hazelrigg think it best to keep house at the old homestead, then her dower and his share of the land is to be worked for the support of both their families, but if they think it best not to keep home on above mentioned; then both my wife's dower and my Grandson's (James H. Hazelrigg's), share of the land is to be sold as my hereinafter named Executor and commissioner may think best. After my wifes death her dower estate land negroes and personal estate, as herein devised to her, is to be divided between my children, Beal Greene, Newton Green, James Green and my Grandson James H. Hazelrigg as my other land herein divised. 8th. I give and bequeath to my grandson James H. Hazelrigg, my two negroes Mahaly and Marshall to have and hold forever provided he the said James H. Hazelrigg lives to the age of twenty one years and if he should die before arriving at the age of twenty one years-the said negroes together with all his portion of my estate shall be equally divided between my sons, Beal Greene, Newton Greene and James Greene. I give and bequeath the negroes Mahalah and Marshall to my grandson James H. Hazelrigg, exclusive of my estate as a special legacy, and it is not my wish that the said slaves Mahaly and Marshall be valued to him, as I have heretofore given my children two negroes each; and this is done to my grandson James H. Hazelrigg equal (as heir to my daughter Elizabeth Hazelrigg) with my other children. The said Negroes Mahaly and Marshall are to be in the care of my hereinafter named Executor, until my grandson James H. Hazelrigg shall have reached the age of twenty one years, to manage as my Executor may judge best for my grandson James H. Hazelrigg. 9th. It is my will and desire that the balance of my negroes that may be on hand after my decease, shall be equally divided between my children Beal Greene, Newton Greene and James Greene, and my Grandson James H. Hazelrigg or sold, providing my hereinafter named Executor and commissioners may think it best and the proceeds divided equally between my sons Beal Greene, Newton Greene and James Greene and my Grandson James H. Hazelrigg, and if my hereinafter named Executor and commissioners deem it best to sell said negroes, it is my express will and desire that said negroes be not parted inconveniently from their wives or husbands. I will and desire that all the money inherited by my grandson James H. Hazelrigg from my estate remain in my hereinafter named Executors hands until he my said Grandson becomes twenty years of age; and he my said Executor is to account to the court as Guardian of said James H. Hazelrigg and settle with the court annually and is to be accountable as is usual for Guardians to be and receive allowancess as the court may make and according to law, and he is to give security for said Guardianship. 10th. I do hereby nominate and appoint my friends, James Thomson, Micah E. Gaul, and Daniel Priest my Commissioners to appraise property, lay off dower and to advise with the executor; and I wish the court to appoint the same as commissioners where it is necessary for the court to appoint commissioners in such cases; if they are not convenient and neither two of them can serve the court to appoint others. 11th. And lastly, I do hereby constitute and appoint my son James Greene, my sole executor of this my last will and testament, hereby revoking all other or former wills or testaments by me heretofore made. In Witness whereof I hereunto set my hand and affix my seal this 11th day of October, 1861 Thaddeus Green Signed, sealed, and published and delivered, as and for the last will and testament of the above named Thaddeus Green in the presence of us Samuel T. Dobys Michal E. Gaul Saml T. Greene, Sen ----- State of Kentucky Montgomery County Court March Special Term 1862 I, Ezekial E. Garritt clerk of the county court aforesaid, do certify that the foregoing writing, pertaining to be the last will and Testament of Thaddeus Greene dec'd was this day produced in open court and proved by the testimony of Samuel T. Dobyns, Micah E. Gaul and Samuel T. Greene, Senr, subscribing witnesses thereto to be the act and deed and true last will and Testament of the said Thaddeus Greene. Whereupon said will was examined and approved by the court and ordered to be recorded which is accordingly done. Given under my hand this 4th day of March 1862 att. E. E. Garrett clerk Additional Comments: Will is for Thaddeus Green/Greene and lists Children: Beal Greene, Newton Greene, James Greene and deceased daughter Elizabeth Hazelrigg (maiden name Greene)and unnamed daughter married to John B. Drake and an unnamed daughter who married a Masterson It also lists grandchildren: Franklin Masterson and James H. Hazelrigg In the Green/Greene Cemetery on Donaldson Road (Archie Harper farm), Montgomery Co., KY there is a small, rock wall enclosed cemetery with the following people in it: Thaddeus Green born Dec 3, 1792 died Feb 24, 1862; Mariah H. Green born June 17, 1800 died Aug 20, 1856; Elizabeth J. Hazelrigg born March 26, 1830 died Jan 1, 1850 (her husband George Hazelrigg remarried to a Nancy Oldham and is buried in the Hazelrigg Cemetery, Mt.Sterling, Montgomery Co., KY) and Richard T. Green born April 19, 1855 died June 29, 1858. The Grandson James Hervey Hazelrigg was born Dec 6, 1848 and died Nov 28, 1924 and is buried in Frankfort Cem., Frankfort, Franklin Co., KY, he married Mattie Laudeman. There is a biography of James H. Hazelrigg in Perrin's "Kentucky, A History of the State" In Thaddeus Green will you will note he mentions "if my grandson lives to the age of twenty one years" the biography by Perrin states that James H. Hazelrigg joined the Confederate Army at the age of 15 as a private in the Third KY Mounted Infantry under Col Giltner and served until the close of the war. I, too, would use the words, if my grandson lives", although I have not researched James Hervey Hazelriggs record to make sure he actually did join at such a young age, though this is not unheard of. File at: http://files.usgwarchives.net/ky/montgomery/wills/green438gwl.txt This file has been created by a form at http://www.genrecords.org/kyfiles/