Sarah R. Higgins Will Transcription

Date: 8 Nov 1851 to May 1853
Location: Union, Kentucky, United States
Surnames/tags: Higgins Colvart Mobley

I Sarah Higgins of Union County being of sound mind and disposing memory do make this my last will and testament revoking all others heretofore made.
1st I will my soul to God and my body to its mother earth.
2nd I will that all my just debts which are few be first paid
3rd I desire and bequeath to my daughter Lavinia Mobley wife of Thornton Mobly my negro woman Venia and her three children Caroline, Agnes and Sidney my ??? ??? & appendages my dining table and my beauro.
4th To my son George F. Higgins I will and devise Two hundred dollars provided he pays Aaron Hughes the amount he is entitled to out of a negro man which belonged to the estate of Aaron Higgins which negro was sold by George F. Higgins If my son George does not pay Aaron Hughes said amount then the above $200 is to be set apart to pay the same.
5th I will and devise to my son Theodore L. Higgins my negro girl Henny Jane and negro boy Jacob Johnson and one hundred dollars in money.
6th I will and devise to my son E. C. Colvard my negro boy Jim my negro girl Winney and the negro man Tom bought by him at Louisville and the bill of sale taken in my name $400 of the money paid for Tom was paid by my said Son E. C. Colvard and he is not to have any claim on me for that amount. I also will & devise to him one bed, bedstead & bedding and 2 white center pieces 10 sheets 2 blankets, 10 pillow cases, my breakfast table, and my horse Ross.
7 I will that the residue of my household and Kitchen furniture be divided between my son E. C. Colvard and my daughter Lavinia Mobley, and my son E. C. Colvard is to have my Cart and my young yoke of steers and is also to have my old and faithful servant Jacob and is to take good care of Jacob. Jacob has been a faithful servant & Correlsman has been a dutiful and an affectionate son and has paid great attention to me in sickness hence I think him entitled to a little more than my other children. If he should die without marrying and without having a child, then the negroes devised to him are to go to Lavinia Moblys children.
8 I had a son named Thomas from ??? I have not heard for about 14 years, if he should ever return it is my will that he shall be made equal to my son Theodore out of my estate, this must be made up by Thomas by all my children in proportion that they each get. I have a bed bedstead and bedding to Lavinia Mobly for Thomas in case he ever returns and if not it is to be Lavinias.
9 To my grand son Aaron Hughes I will two hundred dollars if he should die without having children this $200 is to go to Theodores children.
10 I will that all the rest of my property be, and the residue of my estate of after paying off the devisees in this will be equally divided among Lavinia Mobley, George F. Higgins, Theodore L. Higgins & E. C. Colvard. I do appoint Thornton Mobley Executor of this my last will and testament and request that he attend to it faithfully. In testimony whereof I have beneath set my hand and affixed my seal this 8 day of November in the year of Our Lord 1851. Sarah R. Higgins.
In presen of Willis G. Hughes, J. C. Riddle.

Codicil
My son Theodore L. Higgins having departed this life since making and publishing the foregoing will, I Sarah R. Higgins do now by way of Codicil to my last will & testament devise to the two children of my said son Theodore L. Higgins or the survivor of them the sum of Four hundred Dollars with interest from this date in Lieu of the negroes Henny Jane and Jacob Johnson devised to their father Theodore L. Higgins by the foregoing will to be paid to them or the survivor Of them when or they shall arrive at the age of twenty one years. If both of Theodore L. Higgins children should die before they arrive at 21 years of age then the money devised to them above is to be equally divided between my son E. C. Colvard & his heirs & the children of my daughter Lavinia Mobly. This 23rd day of April 1852. Sarah R. Higgins.
Witness Gibson B. Taylor, P. H. Hodge, William McKenny, W. G. Hughes

An additional Codicil made to this my last will and testament this 24 of April 1853. I devise to my son E. C. Colvard the young child of Venia born about two weeks ago and called Gabriel. I also devise to my said son E. C. Colvard seven hundred and fifty dollars with interest from the date of the bill of sale from Didlake to me for the negro man Tom to be paid to my son E. C. Colvard in the event that he does not get Tom but if he should get Tom then he is not to have the $750, but if he does not to get Tom after my death then he is to have that sum with interest. Sarah R. Higgins.
Witness Willis G. Hughes, Maria Feeny.

Union County Court
May Term 1853
The foregoing last will and testament of Sarah R. Higgins deceased was this day produced in open Court and found to be the last will and testament of said Higgins by the oaths of Willis G. Hughes and J. C. Riddle subscribing witnesses thereof, also the first codicil was proved the oath of Willis G. Hughes a subscribing witness thereto to be last will and testament of said Sarah R. Higgins dec’d who also proved the signatures and attestation as witnesses to said Codicil Gibson B. Taylor P H Hodge, and William McKenny, also the 2nd or additional Codicil was proved to be last will and testament of said Sarah R. Higgins dec’d by the oaths of Willis G Hughes, and Maria Feeny two subscribing witnesses thereunto and ordered to be recorded which is done accordingly. Attest Jeff Brown clk Union County Court.

Sources

• 1851 Sarah Higgins Will. Kentucky, Union County, County Clerk, Will, Vol. C, p. 177-179, 8 November 1851, digital image 92-93 of 285, FamilySearch.org ([1]: accessed 20 May 2023)