Source
1834-1837 Robert Gilchrist Will. Kentucky, Union County, Will Book A, pp. 533-539, County Court. Digital images 356-359 of 363, FamilySearch ([1]: accessed 29 April 2021)
Transcription
In the name of God Amen
I Robert Gilchrist of Union County and State of Ky. do make this my last will and Testament.
I resign my soul to its creator of all humble hope of its future happiness. as in the disposal of a being infinitely good of whom I ??? no more, but that which we have been told by our Lord & savior Jesus Christ, than the vilest reptile that crawls on the face of the earth. As to my body I care little about it, but wish that the burning of corpses as practiced by the ancients the best. As to the little property that the willing of the Virginians and Kentuckians has left me, I dispose of it as follows viz.
I give and bequeath to my son Robert my girl Winnifred untill she shall arrive at the age of thirty five years which will be on the 5th day of February 1853.
Item I give to my son Robert my favorite lad or boy Reuben till he arrives at the age of thirty five, which will be on the 19th day of April 1859.
Item I also give my son Robert my favorite man Charles and my very excellent woman Priscilla and it is my wish that should Charles and Priscilla not be willing to serve young masters as they like and he (Robert) shall let them go at a moderate price to be appraised of by the other executors who will take the advice of their most ???cious acquaintences that justice may be done to both parties.
Item I give and bequeath to my Anne Elizabeth my woman Dorcas and her son, my lad Moses till he shall attain the age of thirty five years, which will be on the 10th of June Eighteen hundred and fifty five.
Item I give to my daughter Ann Elizabeth my little child Parthenia till she shall attain the age of twenty five years which will be on the first day of November eighteen hundred and fifty five.
Item I give and bequeath to my son Robert my young and finest lad William for the term of five years after my death after which I give him to his mother Clarissa for life should she not marry but should she marry he (William) is as free as any man living – from the moment of her marriage.
Item I further give unto my son Robert the undivided half of the horses and mares, cows, oxen and calves & sheep and hogs and to my daughter Anne Elizabeth the other undivided half. Robert to have the first choice taking a horse or mare and his sister the second choice the second choice [sic] and so on, through the whole of the above quadruped, but before the above division is made Clarissa is to have a horse or mare as she chooses to be valued by one or more of my Executors as she may make choice of to be with sixty dollars at least to reimburse her for forty six Dollars borrowed of her many years ago. The little furniture I have I wish to be justly divided between Robert and his sister, the cherry desk to be Roberts, the walnut bureau and all the bed quilts are now and forever the property of Anne Elizabeth. Three of the bed frames have sail duck bottoms. Robert is to have one of the sail duck bed frames and bed and the bed and bed and bed frames I sleep on. Betsey his sister the other sail duck frames, bottoms & beds Robert is now in possession of a bed, the bed frame his own. Betsey his sister is to have something of the value of half the other bed. The bolsters, pillows and sheets and blankets to be equally divided. The division to be made by Clarissa should any dispute take place as to the division aforesaid, then my Executors of those survivors or surviving of them shall call on Samuel Casey Esq, John and James Finneys ??uires in whom I place the most implicit confidence to settle the dispute which shall be final as it is my will that the party refusing to settle any difference or dispute that may arise in the division aforesaid shall be divested of the party hereby meant and intended to be given and bequeathed as aforesaid and vested in the consenting and non-disputing party. My daughter has a bible of her own and of her religious works and she is to have the life of the pious William Copoper and Shakespeares plays in six vols. Given to my by highly Esteemed friend and son-in-law Leonard White Esq. My son Robert has all the other books.
The cider casks and pickling tubs to be divided equally and if any dispute arise in the division to be setted by the aforesaid arbitraters, and the disputeant to be divested and his or her share to go and be vested in the contented and satisfied party.
Item I give and devise unto my daughter Betsey, whose Christian name is Ann Elizabeth & to my woman Clarissa who was baptized by the Rev’d John Thomas Claggell Bishop of Maryland at the instance of my beloved wife Elizabeth jointly the plantation I now live on so long as Betsey is single but should she marry, then Clarissa is to be the sole proprietress which is not sufficient compensation for that which is due to her, her husband having paid four hundred dollars of the purchase money having bought the plantation of Thomas Vance upon this condition nevertheless, that my son Robert shall hold the house he built in April 1833 and now occupies in my yard for five or ten years at his option with free permission to pass to and from through my mansion f??a and enjoy the use of said yard with as little annoyance as may be and upon this further consideration that he may have and enjoy the undivided half of said farm having half the fr?? for five or ten years at his option after my decease, The farming implements to be equally divided between my son Robert and daughter Betsey and Clarissa in the manner and under the restrictions and forfeitures above mentioned. As to the division of other personal property, The tools in my shop to remain as they are William makes use of them for the benefit of Robert and Betsey and his mother as long as Betsey and his mother live on the Plantation afterwards to be the property of Robert.
My grindstone is to remain where it is for joint use of Robert, Betsey and Clarissa so long as Betsey , Clarissa or either of them remains on the plantation then it is Roberts.
I intend my girl Hannah for my son Robert, but the purchase of her by my son Pinkney has put it out of my power to bequeath her at this time but I shall make an attempt to regain her and if I get her my will is that Robert shall have her untill the age of thirty five which will be on the 24th of September eighteen hundred and sixty five, but if I do not get her I give and bequeath to my son Robert the amount for which she sold, to be recovered from Pinkney and his surety, upon the bond given on the day of the Sheriff’s Sale.
Item- Whereas I have judgments in the Union County Circuit Court and against my sons Robert & Pinkney a part of which are still unpaid it is my intention that the said shall be settled as hereafter directed.
Item- I give and bequeath my large looking glass to my daughter-in-law Julianna, now the wife of Leonard White esquire of Illinois. This glass some years past the lower part broke but which I will have repaired if it is the will of Heaven to spare my life, but if not my son Robert must have it done as soon as possible at the expense of the Estate. Julianna Julianna [sic] has been dear to me from infancy and I shall part from her with deep reluctance. As the regards the balance of an Execution that issued from the Clerk’s office of the Union Circuit Court in my favor and against my two sons Charles C. P., Robert J. B. Gilchrist it being one of the five that remains unsatisfied that issued from ?? office and against the ??? parties, the procedes thereof when collected after it is collected under the restrictions hereafter declared, I will and desire the same to be paid over to my son Robert or to much thereof as the price that Hannah sold for at Sherriff sale and my son Charles C. P. Gilchrist purchased and the residue thereof to be assets in the hand of my Executors for the purpose of the payment of debts and it is further my will and desire that if the same shall not be collected in my life time that no property of my son Roberts shall be sold by the Sheriff to satisfy the same.
And as regards the bond that was taken by Joseph Hay Sheriff of Union County in my favor and against Charles C. P. Gilchrist and John Blue security now lodged in the Clerks office of the Union Circuit Court, when the same shall be collected in case Robt. J. B. Gilchrist does not get the price of Hannah out of the before mentioned fund then he is to have the said amount out of said Bond when collected and the residue to remain in the hands of my Executors for the purpose of the payment of debts, and after they are all paid, the procedes of both the abov demands to be equally divided between my son Robert and my daughter Elizabeth.
And whereas James W. Ewing & Phillip Triplett hold notes for fees for attending the suits for me in the Union Circuit Court – wherein my son Robert is ??sible therein – It is my will and desire that my Executors pay the same out of my Estate and for the purpose of carrying into Execution this my last will and Testament. I appoint John V. Waring, Samuel Casey, Robert J. B. Gilchrist & Anne Elizabeth or the survivor or survivors thereof my Executors, hereby declaring and and [sic] revoking all will and testaments heretofore made or codicils thereto.
In testimony whereof I have hereunto set my hand and affixed my seal this 17th day of March AD. 1834.
Witness
Fearing that injustice may be done the within named children Winniford, Moses, Reuben, Hannah, Parthenia and James, my wish is that after the term of thirty five and twenty years Parthenia shall be as free as heaven made man.
My infant child James born on Sunday night the eighth of December 1834 who is the son of Dorcas, devised to Ann Elizabeth my daughter will serve thirty five years but not one moment longer, and he will be thirty five years of age on the 8th day of December 1868.
Robert Gilchrist
Witness
Jacob Seigler
Hiram Walker
I Robert Gilchrist having made published my last will and Testament on the 17th day of March 1834 in presence of Jacob Seigler and Hiram Walker the subscribing witnesses thereto, and having carefully examined the contents thereof and upon mature deliberation wish to make and do now make the following explanations and attordtions?
First – I do not wish my Executors to be put to the trouble of entering the bond and security previous to or after obtaining letters testamentary.
Second – I wish Clary to be free from my decease
Third – I wish Betsey to have the boy Reuben instead of 'Moses and Robert to have 'Moses instead of Reuben.
Fourth – I wish William to reside with and belong to my daughter Betsey in the place bequeathed to her and Clary until he arrives at the age of Forty years if Betsey should remain single, but in case her marrying or of her death he is to be free from the time of either event happening. At the age of Forty, the aforesaid William to be free on condition of He was born on the eighth day of June 1805 – In explanation I will observe that my expectation and wish is that Betsey and Clary reside on the place where we now live and the service of William is intended for the mutual support of the said Betsey Betsey [sic] and Clary. ??? not be di??ed from that object.
Fifth – I impose on my son Robert as a condition precede at that he permit his sister Betsey and the woman Clary to clear fifteen or twenty acres of his land and enjoy the same during their lives, or the life of either or for any length of time – They may wish to actually cultivate or have it cultivated but not to have power to sell their priviledge, but only to use it – Robert to lay off the land adjoining the place where we now live, and to be on the part where it now crosses the run going to Brasshores field on his, Roberts hundred acre survey.
Sixt – Should it so happen that the negro man Murdoch now in the service of the infamous scoundrel John Blue should become my property either by purchase, reversion or in any way whatever during my life – I will him to Robert. If I should not become possessed of him (said negro) I give to Robert in place of him four hundred and fifty pounds, being a part of what he was sold, twelve months ago, provided the same should not be collected off Blue & Pinckney at my deceased.
Seventh – That whereas my daughter-in-law, my beloved Julianna, the wife of my highly esteemed friend Leonard White has departed this life since the making of my said will refered to, I give my looking glass therein mentioned to her daughter Lucy Ann Swearinga White, as a remindance to her of her ever dear mother and myself in all humble hopes that kind heaven will bring us together hearafter.
Eigth – I correct the date of the birth of the child James from thirty four to thirty three the latter being correct.
Ninth – Having made and published my last will and Testament on the 17th day of March last past wherein I have given my woman Dorcases children to my son and daughter, Robert and Elizabeth till they arrive at a certain age and not knowing how well they may be inclined to comply with my will, should they attempt to sell them before they arrive at the age when the are to be free from the moment that the attempt is made to sell them, I hereby declare them free.
In Testimony of the above I have hereunto set my hand and seal at my own house in Union County and State of Kentucky this second day of September in the year of our Lord 1834 in the presence of the following witnesses.
Robert Gilchrist
Geo. W. Riddle
W. F. Holeman
At a County Court holden for Union County at the Courthouse in Morganfield on the 18th day of July 1837. This last will and Testament of Robert Gilchrist deceased (together with the codicil thereto attached) was proven in court by the oath of Jacob Sigler as the law directs who also swore that Hiram Walker the other subscribing witness thereto signed his name as a witness thereto in his presence.
The codicil was also proven by the oaths of George W. Riddle and William F. Holeman the subscribing witnesses thereto, to the recording of which last will and testament and codicil thereto attached of said Robert Gilchrist deceased, Charles C. P. Gilchrist son of said Robert objected and the court after hearing and weighing well the evidence and arguments of counsel arising thereon ordered the said will and codicil to be recorded.