Old Wills

1798 Will of Simeon Walton – Bracken County

Simeon Walton’s will is the first in Bracken County Will Book A.  It is a lengthy will, giving explicit instructions on how his property is to be divided among his eleven children.  Married names of daughters is given.  And there is notation that daughter Barbara Harvey is deceased, but left children in Virginia.  Therefore, four grandchildren are named – John, Betsey, Polly and Isham Harvey.  Another interesting fact is that the portions of land are well described, giving names of neighbors that the land connects with.

Will of Simeon Walton

Bracken County Will Book A, Pages 9-12

I, Simeon Walton, of Bracken County and State of Kentucky, being sick and weak in body, but of sound mind and memory, do hereby make this my last will and testament and dispose of my worldly estate in the following manner.  I will that my estate be kept together, rented or hired, at the discretion of my executors or administrators, for the advancement and promotion of the same and upon the profit of which I desire that my loving wife, Agnes Walton, be comfortably supported during her widowhood, and for schooling and maintaining my younger children in their minority, not intending hereby that they shall be brought up in idleness, and as my sons Robert, Edward and Josiah Walton shall severally become of age or marry, my desire is that they have as much of my personal estate as those of my sons that are married and also a Negro a piece in lieu of thirty pounds or young Negro given the rest.

I give and bequeath to my son Robert Walton one Negro boy named James which I give to him and his heirs and assigns forever.

I give and bequeath to my son Edward Walton one negro boy named Abram, which I give to him, his heirs and assigns forever.

I give and bequeath to my son Josiah Walton one Negro boy named Nathan, which I give to him, his heirs and assigns forever, to be delivered to them as they shall severally become of age or marry and the same methods as has been made use of in dealing out to my elder daughters to be made use of in giving and delivering to my little daughters, and when of lawful age or married.  But if my wife should marry my will is that she have the loan of the land that I purchased of William Teurrents and that part of my plantation adjoining the same, beginning at Power’s northwest corner dogwood, thence northwards along my outside fences as the run to my sugar cane included in my last

years new ground, thence westward along the dividing fence between the old ground and said new ground to the quarter field dividing fence as it now stands, thence southward along said fence to a sugar cane adjoining Humlong’s, thence westward along the fence to Humlong’s line on the road, thence along his line to his cornerstone fence, eastward to ye beginning, willing and requesting that no parts of the living trees of said land lent my wife be destroyed by belting, but that it be cleanly cleared, well fenced.  I also, in case of her marrying, lend her the use of two cows and calves, two ewes and lambs, two sows and pigs, one riding beast at the value of fifteen pounds, one feather bed and furniture, one pot and six pewter plates, one basin and one dish together with my Negro woman Nan and her past and future increase.  All of which to be returned into my estate at my wife’s death.  Except my wife shall be disposed to deliver to my grandchildren living in Virginia, hereafter mentioned and provided for, upon condition that they, my said grandchildren, born of my daughter Barbara Harvey, deceased, as they shall severally come of age, give a clear receipt for any claim or claims they may have or hereafter pretend to have to the said Negro woman Nan, and her increase, then in that case I give to be equally divided among my grandchildren, John Harvey, Betsey Harvey, Polly and Isham Harvey, four Negroes of the increase of the said Nan, namely, Lewis, Peg, Rose and first child that may be born of said Nan’s family or increase, otherwise

I give one silver dollar to be equally divided among them as a full portion of my estate.

I give and bequeath to my son Robert Walton, his heirs and assigns forever, that part of my land lying eastward of my spring branch, beginning at Power’s northeast corner on a stream, thence down the same to the said spring branch and along the same as it meanders to Thompson’s line to be possessed by him or his heirs at the expiration of wife’s widowhood.  I give to be equally divided between my sons Edward and Josiah Walton and their heirs and assigns forever, the residue of my land whereon I now live.  The line of division to begin at Power’s northwest corner dogwood on the side of the road, thence a direct course to Mack McDaniel’s line, to make an equal division paying regard to quantity and quality.  My will and desire is that the sum of one hundred and eighty pounds be raised out of the profits of my estate or out of my goods and chattles at the division of the same and the said sum to be equally divided among all my daughters – Agnes Harvey, Tabitha Wooten, Polly McCoy, Nancy Penick, Betsey Robinson and Susanna Walton.  I desire that my daughter Nancy have three pounds more than I have given her to make portion equal with the rest of my daughters.  I also give to my daughter Betsey Robinson ten pounds to her Negroes equal with the rest, together with household and kitchen furniture which I have not given her and the horse colt that Edward Robinson brought from Virginia and as much more as will make him a horse worth twenty-four pounds to make her portion equal with the

Rest.  I will that at the expiration of my wife’s widowhood or death that the residue of my estate, be it real or personal, wherever it may be found, not as yet bequeathed to be equally divided among all my sons and daughters or the heirs of their body – John Walton, Simeon Walton, Agnes Harvey, Tabitha Wooten, Polly McCoy, Nancy Penick, Betsey Robinson, Robert Walton, Edward Walton, Josiah Walton and Susannah Walton.  I will that nothing herein be misconstrued for want of term or form in law, and lastly, I do hereby constitute and appoint my loving wife Agnes Walton, Executrix and as many of my sons and sons-in-law that will qualify, Executors of this my last will and testament.  In witness whereof I have hereunto set my hand and seal this twentieth day of February one thousand seven hundred and ninety-eight.

Simeon Walton

In presence of Richard Masters, Joab Howell, Edward Thompson, Parke Walton

At a Court held for Bracken County on Monday, the 4th day of June 1798

This last will and testament of Simeon Walton, deceased, was exhibited in to Court and proven by the oaths of Parke Walton and Edward Thompson, two of the subscribing witnesses thereto and ordered to be recorded.

Test.  William Jones, Clerk, Bracken County

2 replies »

  1. Poor Nan. What a miserable existence to have your children divided amongst his offspring, even Nan’s unborn and not yet concieved.
    What a miserable lot enslaved Mothers faced.

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