Thomas Hartley 1789 Will

There are names of two towns in this will that I was not familiar with – Vienna and Rhaodsville.  Never one to leave a stone uncovered I checked and the small town of Calhoun, in McClean County, was first called Rhoadsville after Captain Henry Rhoads laid out the town in 1784-1785.  When the land was acquired by John Hanley in a 1787 lawsuit it was renamed Vienna.  When the post office was established in 1849 it was named Calhoun.  I have been to Calhoun, Kentucky, and it is still a very small town – population less than 1,000 (763 in 2010).  In fact, Ritchey’s sister lives there – right on the Green River!  What a coincidence!  Could she live on part of the land belonging to Thomas Hartley?  I know a family with the last name Rhoads married into the Linton family, unsure if it was descendants from Henry Rhoads.  This Mr. Harley had lands in various places and states, but, unfortunately, no direct family to receive the inheritance.  

Scan012In the name of God, Amen.  I, Thomas Hartley, of Mercer County, being very sick and weak in body but of perfect mind and memory, and calling to mind the mortality of my body, and knowing it is appointed for all men once to die, do make and ordain this my last will and testament.  Principally and first of all I give  and recommend my soul into the hands of God that gave it and as for my body I recommend it to the earth to be buried in a Christian-like and decent manner at the discretion of my executors hereafter mentioned and as touching such worldly goods wherewith it hath pleased God to bless me with in this life I give, demise and dispose of the same in manner and form following.  In the first place my will and desire is that my executors sell as much of my property as will be sufficient to pay Mr. William Binney of Mercer County to the full amount of all he stands security for me for, and likewise, fully empower him to make a return of all my lands entered in the district of Kentucky in his name, after which my desire is that the said William Binney make sufficient deeds for such lands as I shall bequeath in this will.

Item.  I give and bequeath to Thomas Binney, son of the above William Binney, seven hundred acres of land lying on the Big Bone between the Licking and the Ohio Rivers, likewise a bond upon John Coffman for thirty- three pounds and upon Isaac Ventry for the conveyance of a lot of land in the town of Vienna, formerly Rhodesville No. 23.  Likewise a bond on the said Isaac Ventry for an out lot at the same place of five acres of land, likewise a bond on John Handley for an in lot in the said town of Vienna

Scan013formerly Rhoadsville No. 79, and an out lot of five acres, also an in lot No. 142 and an out lot of five acres.  Likewise a bond of one hundred and fifty pounds Virginia currency on John Hightower and an assessment of one hundred and fifty pounds on the said John Hightower, likewise a bond upon John Reel for twenty-five pounds, likewise a still and pot in Powell’s Valley on their value if sold, to be freely possessed and enjoyed by him and his heirs forever.

Item.  I give and bequeath to Isaac Coffman one hundred and fifty acres of land on Green River on condition he will pay for the clearing it out of the office to be freely possessed and enjoyed by him and his heirs forever.

Item.  I give and bequeath to George Miles, eldest son of John Miles, two hundred acres of land on Green River on condition he will pay for the clearing it out of the office to be freely enjoyed by him and his heirs forever.

Item.  I give and bequeath to Jean Binney a horse now in the hands of Robert McKaown and a cow in the hands of William Binney, to be possessed and enjoyed by her and heirs forever.

Scan014Item.  I give and bequeath to Ann Binney five hundred acres of land lying on the Ohio a few miles below the mouth of Limstone to be absolutely at her own disposal.

Item.  I give and bequeath to William Binney, Sr., all the remainder of my lands we entered in my name in the district of Kentucky and likewise all my land and property in Burke County, North Carolina, on French Broad, likewise my sorrel horse, saddle and bridle to be freely possessed by him and his heirs forever.

I constitute and appoint the above William Binney and John Binney sole executors of this my last will and testament, utterly revoking and disannulling all other wills, testaments and executors by me before made, ratifying and confirming this and no other to be my last will and testament.  In witness whereof I have hereunto set my hand and seal this fifteenth day of May, 1789.

Thomas Hartley

Sealed and delivered in presence of us – Vincent Wren, James Harlow, Daniel Thornberry, Thomas Thornberry

At a Court held for Mercer County at Harrodsburg on the 23rd day of June, 1789.

This last will and testament of Thomas Hartley,

Scan015deceased,was produced in court and proved by the Oaths of Vincent Wren and James Harlow, two subscribing witnesses thereto and ordered to be recorded.

Teste. Thomas Allin, County Clerk

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