1856 Will of William Linton Lewis of Hancock County

William Linton Lewis is my first cousin five times removed.  He was the nephew of my fifth great-grandfather, Captain John Hancock Linton, the son of his sister Catherine Jennings Linton.  Catherine married William Joseph Lewis.

William Linton Lewis married Ann Winter Dunnington November 18, 1806.  Together they had nine children, and all were given the middle name Dunnington!  They were Francis (married his cousin, Hannah Ann Lewis), Hiram (who died before his father), George (married Caroline Harris), Catherine (married James E. Stone, Hancock County Court Clerk), Frederic (married Pauline Chrisler), William (who died before his father), Elizabeth, Joseph (married Mildred Willian) and Ann (married Porterfield Harrison Hodges).

Hancock County Will Book 4, Pages 32-36

Will of William Linton Lewis

In the name of God, amen.  I, William L. Lewis, of the County of Hancock and State of Kentucky, being of sound mind and disposing memory, doth make this my last will and testament, hereby revoking all former wills by me made.

First. I commit my soul to God and my body to the earth, to be buried in a decent Christian manner.

Second.  It is my will and desire and I give and bequeath unto my beloved wife, Ann Lewis, my home farm on which we live, which includes all the trace conveyed to me by William L. Boothe, trustee of N. B. Beall, except those parts thereof conveyed by me to Joseph D. Lewis and Frederick D. Lewis, and except the one hundred acres hereinafter given to my son, George D. Lewis, for and during her natural life, together with such of the necessary farming utensils, plows

wagons, horses, stock of cattle and hogs, necessary to carry the farm on.  Also, such of the house and kitchen furniture as she may select, as well as the produce of the farm that may be on hand at my death.  This desire is for the use and benefit of my said Ann and also for my daughter Elizabeth, who is to live with my wife until she should marry and until the death of my wife.

Third.  It is my will and desire at the death of my wife Ann that my daughter Elizabeth shall have the above named tract of land, given as above to my said wife, and also such of the property, stock and farming utensils, household and kitchen furniture, etc., etc., remaining at the death of my wife as she, the said Elizabeth, may select.  The land to be to her, the said Elizabeth, and the heirs of her body.  If she should die without issue, then the land to be equally divided amongst my other children and their heirs as hereinafter named.

Fourth.  I give and bequeath to George Lewis one hundred acres of land to be laid off of the tract on which I now live, on the northeast end and northeast of the tracts heretofore conveyed to my sons Joseph D Lewis and Frederick D. Lewis, and a line running from the northern corner of Joseph D. Lewis to the east corner of Frederick D. Lewi.  Said 100 acres to be laid off in one body as said George D. Lewis may request, so that it may be by a line running northeast on southeast to him and his heirs forever.

Fifth.  I have given to my son Joseph D. Lewis one hundred acres of land and to my son Frederick D. Lewis one hundred acres of land per deeds executed to them.

Sixth.  I give, desire and bequeath unto my beloved wife Ann Lewis, for use and benefit of my daughter Elizabeth Lewis, to hold, govern, manage and use as she, the said Ann may think best, except that she is not to sell any during her natural life, such of the slaves that I have or may have at hand to assist her and Elizabeth and carry on the said home place and farm given to her above.

Seventh.  As respects the slaves of mine that now are in possession of my children.  It is my will that they

remain in their possession if they see fit to keep them, and my wife Ann may deliver to the other children to keep such of those slaves as she may not wat to keep, as above sixth, division and named, my said children to hold the said slaves and use them for their benefit until the death of my wife.

Eighth.  It is my will and desire that at the death of my wife that all my children then living and the children of these that may be dead to have a general division of my real estate and salves, as well that which hath been heretofore advanced to each respectively, but what may be in this will devised once all be made equal.  The children of those that may be dead taking the share of their parent and to be charged with the advancements their parents have received.

Ninth.  As to the personal property that may not be taken and necessary to be used for the benefit of my wife and daughter Elizabeth in the second devise herein and all other property not herein named, to be sold by my executor and the proceeds applied to the payment of my debts.  If not sufficient then such other property as may best spared.

Tenth.  It is my understanding that those of my children who have had the use of any of my slaves or who may have the use of any under the seventh devise herein and shall not have paid for their services to me during my life are to account in the general settlement for a reasonable value for the services of such and in the equal division contemplated in the either devise above a fair value is to be put on the slaves and land in such way as may be deemed right by my executors, to carry out the intentions therein expected to make all my children equal.

Lastly, I appoint George D. Lewis, Frederick D. Lewis, without security, my executors of this my last will and testament.

In witness whereof, I have set my hand and seal this first day of February A.D. 1856.

William L. Lewis

Done and published as the last will and testament of the testator by him in our presence who subscribe our names

in his presence and in the presence of each other on the date above.

Teste.  Will. S. Bates, T. P. William

Codicil.  In explanation of my intentions respecting the land given to my wife Ann and my daughter Elizabeth, if they choose they may have the lines of the home tract extended back from Joseph D. Lewis’ north corner and Frederick D. Lewis’ east corner as much as twenty poles northeast, and then connected by a line parallel to the northeast line of the tract and then for George D. Lewis to have his 100 acres laid off as in the foregoing will is named, but giving a right of way for my wife and daughter Elizabeth from the home tract to any part that may not be included in said George D. Lewis’ 100 acres, which is devised to them – done and signed this 10th day of February A.D. 1856 by the testator in the presence of us, Will S. Bates, Thomas Morgan

William L. Lewis

State of Kentucky, Hancock County

At a Court held in and for the County of Hancock aforesaid at the Courthouse in Hawesville.  On Monday the 22nd day of October 1860, the instrument of writing purporting to be the last will and testament of William L. Lewis, deceased, and the codicil proved by the oath of William S. Bates, one of the subscribing witnesses to the will and also to the codicil, said Bates testifying on oath that the testator did sign, seal, publish and declare that said instrument to be his last will and testament in presence of said Bates and Thomas P. William, that the said Bates and William subscribed their names as witnesses in presence of the testator and in the presence of each other.  Said Bates also testified that the testator also signed, sealed and published and declared the codicil thereunder written to be a part and parcel of this said last will and testament, in the presence of the said Bates and Thomas Morgan.  That the

said Bates and Thomas Morgan, subscribed their names as witnesses to said codicil in presence of the testator and in presence of each other.

That at the time of the publishing of said will and codicil, the testator, William L. Lewis, was, as he believed, of sound and disposing mind and memory, whereupon the said instrument of writing and codicil thereunder written were established as the last will and testament and codicil of said William L. Lewis, deceased, and ordered to be recorded.

Whereupon the same hath been truly recorded in my office.

Attest.  James E. Stone, Clerk, Hancock County Court

One thought on “1856 Will of William Linton Lewis of Hancock County”

  1. Thank you for this post Phyllis. He is my 3rd great grandfather. i am interested that you identified his father as William Joseph Lewis. I was not aware that he he shared his grandfather William Lewis’ name. I have known him simply as Joseph Lewis Sr. Where did you run across the “William?”

    With the help of the current resident of the Loudon Co., VA farm that belonged to Joseph Lewis, Jr., I was able to locate the overgrown grave of this Lewis man, a former U.S. congressman, as you know. Some of the horses he raised (and raced perhaps) are buried in marked graves as well. I hope to return to the burial spot in the future and take some photos.

    I continue to enjoy you daily posts.

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