Old Wills

1862 Will of Erastus Tousey – Boone County

Tousey House Tavern, home of Erastus and Catherine Tousey 1822-1863+, Burlington, Boone County, Kentucky.

Erastus Tousey was born in New York October 6, 1798, the son of Zerah and Anna Tousey.  At some point he moved to Boone County, Kentucky, where he married Catherine McHenry.  Erastus was an attorney and merchant and his dealings took him throughout the country.  He owned land in Kansas and Iowa, as well as Kentucky.  When Ritchey and I visited the city of Burlington, county seat, we stopped at a restaurant called the Tousey House Tavern.  What a wonderful meal in an old building – their crème brulee was exceptional.

Not until we left did we see a sign that this was Erastus Tousey’s house, built about 1822!

The huge mirror that adorned the wall opposite our table.

The inside of the restaurant featured furnishings of the time period when the Tousey’s lived there.

Erastus Tousey died January 22, 1863, in Cincinnati – was he on a buying trip for his business, or was he arguing a case?  I’m not sure if we will ever know the particulars.  Of his four children, only three are listed in his will.  Daughter Mary died in 1856.  Erastus and Catherine are buried in Old Burlington Cemetery.

Will of Erastus Tousey

Boone County Will Book H, Pages 156-158

Know all men by these presents, that I, Erastus Tousey, of the County of Boone, and State of Kentucky, make, publish and declare this my last will and testament in manner following.

Firstly.  I desire all my just debts to be paid by my executors, (hereinafter named) as soon after my decease as practicable, amounting at this time to about sixteen hundred dollars.

Secondly.  I will and bequeath to my son Charles E. Tousey, all the land I possess in Brown County, Kansas, containing five hundred and sixty acres, as follows –

  • NW Quadrant, Section 8, Town 2, Range 15, Acres 160

  • NW Quadrant, Section 8, Town 2, Range 15, Acres 160
  • E. Quadrant, Section 10, town 2, Range 15, Acres 160
  • SW Quadrant, Section 10, Town 2, Range 15, Acres 80

Also, fifteen hundred dollars at such times as my executor and executrix may think it can be spared from the support of the family.  Also, my gold watch bequeathed me by my nephew, Gerald T. Craig.

Thirdly.  I will and bequeath to my daughter Juliett S. Tousey, fifteen hundred dollars, and to my daughter Ann E. Stephenson, five hundred dollars, all of which is to be paid when it suits my executor and executrix.

Fourthly.  I will and bequeath to my dear and beloved wife, Catherine S. Tousey, the residue of my land, house and lots in Kansas, Iowa and Kentucky as follows:

Jackson County, Kansas

  • NE Quadrant, Section 23, Town 6, Range 14, Acres 160
  • NC Quadrant, Section 23, Town 6, Range 14, Acres 160
  • NW Quadrant, Section 23, Town 6, Range 14, Acres 160
  • Lot 1, NW Quadrant, Section 18, Town 6, Range 15, Acres 120
  • Lot 2, SW Quadrant, Section 19, Town 6, Range 15, Acres 120

Namaha County, Kansas

  • NW Quadrant, Section1, Town 3, Range 14, Acres 160

Taylor County, Iowa

  • SW Quadrant, Section 22, Town 69, Range 34, Acres 160

Also, fourteen acres of land on DeCoursey Creek, six miles from Covington, in Kentucky County, and one house and six lots in Burlington, Boone County, Kentucky.

Also, the residue of my estate, real, personal and mixed, of whatsoever named, nature and kind I now own or may own at my decease, including bonds, notes, cash, etc., subject to the following conditions:  that she support Charles and Juliett out of the estate until each receive the bequests mentioned in second and third clause.

Fifthly.  My executors and wife to pay any interest on the foregoing bequests so long as each receive a sufficient account of the estate, but when any one of the heirs receive a support from any other source than the estate, then, he or she, shall be allowed interest on the bequest.

Sixthly.  My wife Catherine S. Tousey has full power to set free any of my slaves, four in number, Lydia, Martha, Jefferson and Tommy, at such time as she may think proper or advisable or may make any other disposition of them that she may think will contribute more to their happiness and welfare.

Seventhly.  I do hereby authorize my executors to sell or exchange any property I own or may own at my death, except what is herein devised to others, and to reinvest, if they think advisable, and to manage the estate in all respect as they would their own.

Eighthly.  I desire and request that at the decease of my wife Catherine, all the estate bequeathed her and left at that time, after paying the bequests mentioned in second and third clause, shall be equally divided among my children then living, or their descendants, each child’s descendants to be allowed the father’s or mother’s share.

Ninthly.  I will and it is understood that no party that is at present interested or that may hereafter be interested, shall have it in their power to take from my wife, Catherine S. Tousey, by law, or otherwise, any part of the estate devised to her, without her consent and that of my executor.

Tenthly.  I do hereby nominate and appoint my wife Catherine

S. Tousey and Omer Tousey of Lawrenceburgh, Indiana, my Executor and Executrix, of this my last will and testament and it is my will and request that they shall not e required by the Country Court to give security as executrix and executor of my estate, and do hereby revoke and annul all former wills by me heretofore made or attempted to be made.

In witness whereof, I do hereunto set my hand and seal at my house in Burlington, Kentucky, this 15th day of July 1862.

Erastus Tousey

R. F. Coleman, M. S. Rice, attest.

Boone County Court Special

February Term 1863

This writing purporting to be the last will and testament of Erastus Tousey, deceased, was this day produced to Court and proved by the oaths of R. F. Coleman and M. S. Rice, subscribing witnesses thereto.  Whereupon the same was ordered to be recorded as the true last will and testament of Erastus Tousey, deceased, which is done.

Lewis W. Webb, Clerk

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