Old Wills

1844 Will of Thomas McCall – Anderson County

Thomas McCall’s will was written February 10, 1844 and proved in court one month later, March 11, 1844.  Evidently, he was ill, he was only 52 years of age.  Born in Pennsylvania he moved with his parents, John McCall and Martha Orr, to Washington County, Virginia, as a young man.  There he married Jane Hutton.  Jane was the daughter of James Hutton and Isabella Orr.  They moved their family to Anderson County, Kentucky, in 1828.  Three children were born in Kentucky, William, who died at the young age of 18 in 1850 (after the census), Almira Jane who died in 1848 at the age of 10, and Mary Catherine, who also died in 1848 at the age of 7.  Five children lived to adulthood – Martha, John, Isabella, James and Sarah Elizabeth.  More information on the children will be in a later post.

Will of Thomas McCall

Anderson County Will Book A, Pages 89-91

Anderson County, Kentucky, February 10, 1844

I, Thomas McCall, of sound mind and memory, do make this my last will and testament, revoking all others heretofore made.

First.  I will and bequeath unto my wife Jane McCall, during her life, the following portion of the plantation upon which I now reside, a line beginning at Mann’s corner on Gilberts Creek and running down the middle of said creek until it strikes the corner tree, a white oak, formerly Thompson’s corner, running thence up the Thompson line, nearly with the division fence as it now stands, and around the large woodland pasture to the Watson line, thence around including all my land upon the north and west to the beginning.  I also leave her all my household and kitchen furniture, and the following slaves, one woman named Nelly and three children, small, all Nelly’s children, one man named Armstead, and one man for six years named Jack, likewise my carriage, also three of the choice horses, one set of blacksmith’s tools, the old wagon and four choice milk cows, also four pair of choice gear,

0ne wheat fan and twenty head of choice sheep, also twenty head of choice hogs, four of the best plows, one harrow and one log chain.

Second.  I will unto my son John McCall the prize mare which he now claims, free from charge, in the division of the balance of my property.

Third.  I will unto my son James McCall the two-year-old sorrel filly from charge, in the division of the remainder of my property.

Fourth.  I will and bequeath unto all my children an equal division of the balance of my property not herein specially devised, and they to receive the sums according to the manner and at the time herein expressed.

Fifth.  It is my will that Sally Hutton has the privilege of making this. my residence. her home with my wife, so long as she may live a single life, and should she marry she is not to have further claims to remain.

Sixth.  It is my will that my executor and executrix to be hereafter named shall pay over to each of my children as they become of lawful age, thus respective portions of the personal property, money, which may be in their hands.

Seventh.  It is my will and desire that my land not left to my wife during her life, also my Negroes not left to her, shall each be rented out and hired annually by my executor and executrix, for the time of five years from my death, and money annually divided equally amongst my children and at the expiration of said term of five years, the said land and Negroes to be equally divided amongst all my children.

Eighth.  I do hereby ordain and appoint my son John McCall, Executor, and my wife Jane McCall, Executrix, of this my last will and do authorize them to sell all the personal property not disposed of by will, rent out my lands not left my wife, heir out the slaves also not left her, and pay all just claims and demands against my estate and carry into effect all the provisions of this my will.

Ninth.  It is my desire that the County Court receive a joint bond or obligation from my executor and executrix to faithfully carry into effect execution the several provisions of this my will.

Tenth.  I will and bequeath at the death of my wife Jane McCall an equal division of all the property amongst my children which I devised my wife during her life.  In testimony whereof I hereunto set my hand and seal the date first above written.

Thomas McCall

Teste.  L. J. Witherspoon, Joseph Abbott

State of Anderson County

I, Jordan Walker, Clerk of the County Court for the county aforesaid, do certify that a county court held for the

county aforesaid, at the courthouse in Lawrenceburg, on the 11th day of March 1844, this writing, purporting to be the last will and testament of Thomas McCall, deceased, was produced in court and proven by the oaths of Lewis J. Witherspoon and Joseph Abbott, the two subscribing witnesses thereto, to be the act and deed of the said Thomas McCall, whereupon the same was received, ordered to be recorded and filed.  Given under my hand this 18th day of March 1844.

Jordan Walker, Clerk

Thomas and Jane McCall are buried at Mount Hebron Cemetery in Anderson County (near the Mercer County line on US127).

Our father and mother – Thomas McCall, born December 31, 1791, died February 19, 1844.  Jane, wife of Thomas McCall, born November 19, 1801, died June 4, 1888.  ‘Servant of God, well done.  Rest from they loved employ.  The battle fought, the victory won.  Enter they master’s joy.  Soldier of Christ, well done, praise be thy new employ.  And while eternal ages run, rest in they Saviour’s joy.’

Our brother and sisters – Mary C., born September 21, 1841, died October 16, 1848.  Almira J., born June 21, 1838, died October 25, 1848.  William A., born November 24, 1832, died August 24, 1850.

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