Old Wills

Restrictive Will of Nicholas Hadden, Sr. – Montgomery County

In memory of our father and mother, Nicholas and Nancy Hadden. Nicholas Hadden, born April 27, 1799, died March 22, 1875. Nancy, his wife, born December 25, 1805, died April 19, 1875. Machpelah Cemetery, Mt. Sterling, Montgomery County, Kentucky.

This is surely the longest will I’ve read.  The will itself is eight pages, with many limitations on what can be done with what is given to wife and children.  As we always love to see, Nicholas Hadden listed his children, the two girls with their married names.

Nicholas Hadden was the son of Samuel Hadden and Annis “Annie” Anderson.  Samuel Hadden’s will was written in Montgomery County and recorded in Lincoln.  Nicholas married Nancy Noland January 16, 1823, in Montgomery County.  Nancy was the daughter of Jesse Noland.  He served in 1781 as a private in Captain John Johnston’s company, Col. Francis Lock’s North Carolina regiment.  He was born in Maryland, died in Estill County, Kentucky, where Nancy was born.

Children of Nicholas and Nancy Noland Hadden:

  1. Samuel Turner Hadden, December 28, 1823 – October 19, 1888, married Sarah Ann Beall.
  2. Jesse Anderson Hadden, about 1825 – April 11, 1859.
  3. Perry Montgomery Hadden, April 10, 1827 – June 17, 1897.
  4. Annis Ann Hadden, March 20, 1829 – ?, married James M. Wilkerson.
  5. Marion Boone Hadden, January 25, 1830 – June 22, 1915.
  6. Dillard Flavius Hadden, January 11, 1833 – January 6, 1857.
  7. Sarah Berry Hadden, December 1834 – November 30, 1905, married Mr. Kidd.
  8. Christopher Columbus Hadden, December 15, 1836 – September 23, 1879.
  9. Nicholas Burns Hadden, March 6, 1838 – March 13, 1923.
  10. Mary Margaret Noland Hadden – March 11, 1843 – December 12, 1906, married Robert Elkin Edmonson.
  11. Rufus Hadden, August 17, 1846 – April 19, 1921, married Louisa Elizabeth Kidd.

Nicholas Hadden died March 22, 1875, wife Nancy died in less than a month, April 19, 1875.  Their names are listed one after the other in the 1875 death records for Montgomery County.

Nicholas Hadden, Sr., 76, male, married, farmer, died March 22, 1875, of paraplegia, Montgomery County, parents Samuel and Annis Hadden.

Nancy Hadden, 71, female, widow, housekeeper, died April 19, 1875, of pneumonia, born Estill County, died Montgomery County, father Jesse Noland.

Will of Nicholas Hadden, Senior

Montgomery County Will Book F, Pages 471-479

I, Nicholas Hadden, of the County of Montgomery and State of Kentucky, do hereby make, execute and publish the following instrument as my last will and testament.

Section 1.  After my death I desire that all my just debts, funeral expenses and costs of administration be paid.

Section 2.  Of my personal estate I will and bequeath to my beloved wife, Nancy Hadden, if she survives me, the sum of four thousand dollars ($4,000) during her natural life, said sum to be held by my executor hereinafter named, and loaned out by them from year to year, they taking ample security and the proceeds arising from said $4,000 to be paid to her annually, and which proceeds I give to her absolutely.  I think

said proceeds will be sufficient to support her comfortably, but if from any infirmity or other good reason it will not, then I desire so much of the principal as may be necessary to be used from time to time for that purpose.  And should it become absolutely necessary for her comfort and support I desire that my executors shall furnish her still further means out of my estate, as I desire that she be made comfortable, but I do not intend the means devised by me for her support shall be used by her for any other purpose.  I also give to her all my beds, bedding and bed clothes, saving and excepting the bedsteads and furniture belonging to the bedding to have and to hold absolutely and forever.  The foregoing provisions made by me for my said wife and in lieu and instead of her dower in my estate.

Section 3.  As soon after my death as practicable I desire that all of my personal property, save that given to my said wife, be sold

on a reasonable credit, and that my executor proceed with reasonable diligence to collect such debts and dues as may be owing me.

Section 4.  I have heretofore given and advanced to each and all of my children the sum of fifteen hundred dollars ($1,500) in money and other property, and with which I charge them and which sum of fifteen hundred dollars given by me to each of them equalizes them in my estate, save the two children, Clifton and Cordelia Hadden, son and daughter of my deceased son, Jesse Hadden, who are to have the five hundred dollars ($500) of Farmers Bank Stock I hold as guardian, which stock they are to have and hold jointly and equally, and this stock, with what I have given their father, makes them equal with my other children.  They and their father together then having received of my estate said sum of fifteen hundred dollars and with which I charge them.

Section 5.  I own about five hundred acres of land, and which land, together with my personal

estate, after the payment of my debts and making provision for my wife, as set forth in section 2, and the transfer of said bank stock to the said children of Jesse Hadden, deceased, I give and bequeath to my children and heirs of my body and to the descendants of any of those that are or may hereafter die, the child or children of those dead to have one share, or the same their father or mother would if living, and which land and personality are willed and bequeathed to my said children and the descendants of those that may be dead at the time of the distribution of my property, jointly and equally, but under the following restrictions and limitations, to wit:  My land is to be divided into ten equal parts or lots according to its quality, quantity and value, and the net amount of my personality is also to be divided into ten equal parts, and each one of my children and the descendants of those that be dead, is to have one of said lots of land and also one tenth part of said

personality, but neither is said personality or lands or the rents and profits thereof, in any event, to be liable for the debts of any of my children whether said debts were created prior to the execution of this instrument or those that may be hereafter created by them, or either of them, and my children are to have a life estate only in said land, and at the time of their deaths respectively, the share of each is to be the absolute property of his or her children and descendants.  My said children are to have no more nor greater interest in said land than the annual use and profits thereof, but if any one or more of them shall desire to sell their said lot of land, he or they may do so, provided they sell the same to some other one or more of my children, and provided further that in the event of such sale the proceeds thereof must be reinvested in other land and the title thereto taken and held in the same manner and under the same limitations and restrictions that the land sold was held under the provisions herein.

And I hereby appoint my executors hereinafter named, as trustees for each and all of my said children, and said trustees, in the event of the sale of any of my lands must see that the proceeds are properly reinvested in other land in the manner aforesaid.  And until such reinvestment is made, the purchaser is to have no title to the land sold him by any of my children and the personal estate bequeathed by me to my children is also willed to said trustees in trust for said children, and which may be used for the use, benefit and support of my said children and my said children may draw and use of said fund as they desire or it may be invested in land for them or either of them, whichever said child or children may respectively desire, but if in land, the title thereto must be taken and held in the same manner that the title to the land I have given them is to be held, and neither is the land, if so purchased, to be liable for the

debts and contracts of my said child or children, whether incurred before or after such re-investment, and whatever of the property I have given my said wife that may be left at her death, except that I have given her absolutely, I will and bequeath to my said children and the descendants of such as be dead, to be held by them in like manner as they hold the other property I have herein given them, and if she should not survive me, then all the property I have given her is to be held by my children in the same manner and under the same restrictions and limitations, that they are to hold the other property herein given them.  The names of my children now living are Samuel T. Hadden, P. M. Hadden, Annis Wilkerson, Marion Hadden, Sarah Kidd, Columbus Hadden, Nicholas Hadden, Jr., Mary Edmondson, and Rufus Hadden, and the one dead, leaving children, is the said Jesse Hadden.

Section 6.  I hereby appoint my son, Samuel T. Hadden, and my son-in-law, James M. Wilkerson, my Executors, and the property I have given my said son Samuel and my daughter Annis Wilkerson, I give to them to have and to hold in the same manner and under the same restrictions and limitations precisely that my other children hold the property I have bequeathed to them.

Given under my hand this 24th day of April 1872.

              Nicholas Hadden

Attest O. S. Tenny, C. Brock

State of Kentucky, Montgomery County Court                May Term, May 17th 1875

An instrument of writing purporting to be the last will and testament of Nicholas Hadden, deceased, was on this day produced in court and proved by the testimony of O. S. Tenny and C. Brock, the two attesting witnesses hereto, to be the last will and testament of said decedent

Whereupon it is ordered that said instrument of writing be, and the same is allowed and established as the last will and testament of Nicholas Hadden, Senior, deceased, and as such is duly admitted to record, which I certify is done.

Given under my hand this 17th day of May 1875

B. F. Wyatt, Clerk by G. W. Beckley, D. C.

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