from Nelson County Will Book F
In the name of God Amen. I Thomas Higdon, Senior, of Nelson County and commonwealth of Kentucky being in a good state of health of body and of sound memory and disposing mind do ordain that my last will and testament in the form following to wit, committing my soul unto the hands of God who gave it and my body to the earth, to be buried at the discretion of my Executors hereafter mentioned. In the first place I will and direct that all my just debts be paid. I give and bequeath all my property, both real and personal to be equally divided among all my children, viz., Margaret Speak, Thomas Higdon Junior, the heirs of Leonard P. Higdon deceased the share of their father’s portion between them, Mary Hagan and William Higdon, with this exception and reservation. To Thomas Higdon Junior the sum of two thousand dollars to be deducted and raised exclusively from the share which may fall to the above mentioned heirs of Leonard P. Higdon, deceased, whereas Thomas Higdon Junior has brought suit against the heirs of Leonard P. Higdon for four Negroes, viz., Charity, John, Dory and Martin, and whatever he, the said Thomas Higdon Junior may recover of the estate shall be deducted from the above named two thousand dollars, also as my son Thomas Higdon Junior obtained a judgement against William Higdon for the sum of five hundred and sixty dollars and assigned the same to Leonard P. Higdon in his life time and he having failed to make the money out of William Higdon in consequence of which Thomas Higdon Junior was bound to pay and actually did pay unto the aforesaid Leonard P. Higdon the above sum of five hundred and sixty dollars now it is my will and direction that the last mentioned sum to be deducted out of the estate of Leonard P. Higdon’s heirs coming from me and give to William Higdon. Whereas I sold to my son Leonard P. Higdon one hundred and fifty acres of land, at three dollars per acre for which I took his bond bearing interest from the first day of January 1810 and remains still unpaid and also a judgement which I paid as a security to the said Leonard P. Higdon in favor of John Rowan, it is my will and wish that after Thomas Higdon Junior shall be made safe in the above bequest of two thousand dollars that all the residue of my son Leonard’s portion or interest in my estate shall by my executors be paid over to the heirs of Leonard P. Higdon, deceased, to be equally divided between them. But it is understood that as much as I have advanced to Leonard P. Higdon, deceased, by the land and the amount of the judgement which I paid as security for the said Leonard P. Higdon, deceased, that the whole amount paid and advanced shall be considered as so much paid out of my property which I designed and intended for him the said Leonard P. Higdon and his heirs. Lastly I do constitute and appoint Thomas Higdon Junior, James Speak, William Higdon, Joseph Hagan and Charles Warren, Executors of this my last will and testament revoking and annulling all former wills by me made, and confirming this to be my last will and testament, whereof I have hereunto set my hand and affixed my seal this 25th day of September in the year of our Lord 1823.
Witness – Josiah Crawford, James Philips, Abram B. Birkhead
At a County Court held for Nelson County on Monday the 11th day of August 1828. This last will and testament of Thomas Higdon, deceased, being exhibited in court is proved by the oaths of James Philips and Abram B. Birkhead, subscribing witnesses thereto and ordered to be recorded.
Teste. Ben Grayson, C. C.