Family Stories

James McAfee Will

James McAfee, an Irish immigrant, was an early settler in Mercer County, Kentucky (at that time Lincoln County, Virginia!) arriving from Botetourt County, Virginia, in 1784, along with two of his brothers and his mother.  Agnes Clark, his wife, was also born in Ireland.  She died in Mercer County, Kentucky, May 2, 1814.  Notice Thomas Allin is Court Clerk, the same Thomas Allin who was also an early settler and died in the 1833 cholera epidemic.

Mercer Co. Will Book 4, p.198

I, James McAfee, of Mercer County and State of Kentucky, calling to mind the mortality of all living, being weak in body but of perfect mind and memory do ordain and establish these present to be my last will and testament. In the first place I commend my soul into the hands of Almighty God who gave it and my body to be decently buried by my Executors to be hereafter named. Secondly I leave to my wife Agnes the little room and fireplace in my house it being her present bedroom and her stand of drawers and her bed and all its furniture to be under her absolute control during her life to live in and enjoy free from the power of any person. Thirdly It is my will and desire that all my household & kitchen furniture of every kind as well as all my negroes and their increase be under the power and control of my son Clarke during the life of my wife, subject to the following conditions. My son Clarke is to support my wife in all the necessaries of life, and my two grandchildren, Sally Woods & Woodford Woods, shall have liberty to live in my house and receive a reasonable support, they working as one of the family, and a common English Education. The said Sally until she is twenty one or married, but if she chooses to move away, my son Clarke is to be free from any charge & the said Woodford until he arrives at an age sufficient to be put to a trade or some other employment and at the death of my wife all the household and kitchen furniture as well as the property I leave my wife by this will shall be my said son Clarke’s & his heirs forever. And at my said wife’s death Clarke is to have his choice of any two of my negroes he pleases to him and his heirs and then the remainder of them to be sold and the money to be equally divided between my son John, Betsy Davenport & Nancy Buchanan my daughters. Fourthly it is my will that my son Clarke shall have all my stock of horses, cattle and hogs & sheep as well as all my farming utensils and crop, to him and his heirs and to pay all my just debts and if ever the money Lyndsey owes me is got Clarke is to have it. Fifthly my wife is to have her choice of one of my horses during her life and then at her death Clarke is to have it. Sixthly my son John is to have the part of my Land of my home tract which lies on the west side of Salt River containing three hundred acres more or less to him and his heirs forever. Seventhly my farm and about five hundred acres more or less bounded on the East by the stone quarry branch already surveyed and cornering on John Armstrong’s line shall be son Clarke’s & his heirs forever. Eighthly, about five hundred acres more or less which lies on the East of the above part left to Clarke, it being the balance of my home tract is to be sold or divided equally between my Daughter Betsy & Nancy and the four children of my Daughter Peggy, one share to them and their heirs forever except Nancy’s share which Shall go to her and her present children only. Ninthly it is my will that my son John & Clarke be the Executors of this will. Witness my hand & seal this 24th day of January 1809.

James McAfee Seal

Signed in presents of Robert B. McAfee, Samuel Bunton, Hannah McAfee

Mercer County, Kentucky

July County Court 1811

The foregoing last will and testament of James McAfee, deceased, was produced into Court and proved by the oaths of Robert B. McAfee and Samuel Bunton two subscribing witnesses thereto & ordered to be recorded. Tho. Allin Clerk

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