Old Wills

Will of William Sutherland – Marshall County

When Ritchey and I visited the Marshall County Courthouse in March of this year, we were told that the will books began with number two, the first one having been destroyed.  However, they didn’t explain how that happened.  According to the last part of the accompanying documents to this will a fire occurred at the courthouse on February 29, 1848, which destroyed said book.  Citizens were encouraged to bring in copies of original documents, to give to the county clerk, to make a true record of what happened before the fire.  In the margin of this section it says delivered to Elizabeth Sutherland, William’s wife – she was still living at this time.

At the time the will was written William Sutherland named his children then living – sons Rolly or Raleigh, Enos and John; daughters Anna Rosanna, Polly Margaret and Elizabeth.

Will of William Sutherland

Marshall County, Will Book 2, Pages 2-3

State of Kentucky and County of Marshall, in the year of our Lord eighteen hundred and forty-two, on the 14th day of September.  In the name of God amen.  I, William Sutherland, being of sound mind and disposing memory do this day make and ordain this, my last will and testament.

First.  I commend my soul to God who gave it, as to my worldly effects, I will that all my just debts be first paid.

Secondly.  That my beloved wife, Elizabeth Sutherland, have during her natural life of widowhood, the half of the proceeds of my grist mills, and the eighty-six acres of land on which I now reside, called the Mill tract, all my horses, hogs and cattle and all my household and kitchen furniture, farming utensils, etc.  But if she should not remain a widow, then to be liberally and legally provided for, having a just proportion of my effects.

Thirdly.  I will and bequeath that the tract of land called the Copeland place, be equally divided between my sons Rolly and Enos Sutherland, upon their both paying equal portions of the original purchase money, Rolly making up his deficit of what has been paid, and then both paying equally the balance.  But if either should fail to pay his proportion of the purchase money, and the other should pay it, then each to have of the land in proportion to what he pays.  Also, my son Rolly to have the sawmill upon his paying William Davis for the six acres and some poles bought of him, also the balance that is owing on the tract on which I now live known as the mill tract.  I further will that the tract of eighty acres of the lower quarter joining the mill tract be attached to the mill tract for the benefit of my other children.  Also, as I borrowed of Rhody Sutherland, wife of Enos Sutherland, one hundred dollars, about eight years ago, that she be paid out of my property as soon as can be conveniently done.  Also, I bequeath to my son John Sutherland the north half of the John Copeland quarter or tract upon his paying my estate fifty-one dollars.  I further bequeath my daughters Anna Rosanna, Polly Margaret and Elizabeth that has not each got a bed and furniture, a cow and calf, a sow and pigs, a set of cups and saucers and knives, forks, plates.  Also, at the death of my wife Elizabeth, the property to be equally divided between all my children; Rolly having the mill and the land as fair as high-water mark.

Witness my hand and seal this day and date first above written.

William Sutherland

Witnessed:  Richard Nuckolls, Sylvester Wyatt, George W. Reeves

State of Kentucky, Marshall County

I, Henry Hand, clerk of the county court for the county aforesaid, do certify that the within last will and testament of William Sutherland, deceased, was on the third day of October, produced in open court and proven by the oaths of Sylvester Wyatt and George W. Reeves, two of the three subscribing witnesses thereto and was thereupon ordered to be recorded.  Whereupon the said will, together with this certificate, stands truly recorded in my office.  Given under my hand this 6th day of October 1842.

Henry Hand, C.M.C.C.

State of Kentucky, Marshall County

I, Henry Hand, clerk of the county court, within and for said county, do certify that on the 3rd day of July this copy of the last will and testament of William Sutherland, deceased, with the foregoing certificates of Henry Hand, clerk of the said court, thereon endorsed, was handed me and lodged in my office for record, to supply the place of the originals which were destroyed by fire in and with the office of the clerk of said court on the night of 29th of February last.  In testimony of which and that said copy and certificate, together with this certificate have been and now stand truly recorded in my office, I hereto set my hand the 10th day of July 1848.

Henry Hand, C.M.C.C.

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