Old Wills

1793 Will of Thomas Pearce – Washington County, Kentucky

Good morning! I am diligently working on the second volume of Washington County, Kentucky, deeds, Book C 1803-1811. Book D, 1811-1815 will also be included – possibly Book E – will depend on how large the book becomes.

Today I share with you the will of Thomas Pearce. His will was written and signed April 10, 1793, and was entered in court June 6, 1793 – he died less than two months from the signing. Thomas gives everything to his wife, Lydia, as his children appear to be under the age of eighteen years. There are bequests to the children as they attain that age. Children listed are sons John, Isaac, Adam, Jacob, William and Thomas., as well as daughters Mary, Betsy and perhaps Fanny – that part of the will is difficult to read. Josiah Wilson and Jeremiah Briscoe are Executors – two names very visible in the deed books I’ve written. Witnesses are John Sandusky, John Burnet and John Springer.

Thomas Pearce received 196 1/2 acres of land in Jefferson County, Kentucky, July 19, 1783. At this time Washington County was still part of Jefferson, Treasury Warrant No. 549. The land was on the waters of Pleasant Run adjoining preemptions of Jacob Newland and John King, and Aaron Lewis’ 200 acre survey. ‘Beginning at Lewis’s corner in King’s line, a mulberry and two sassafras and running with Lewis’ line and passing his corner West 266 poles to a white oak hickory and mulberry standing by a small branch, then North 48 poles to a white oak and red oak, southwest corner to Newland’s preemption, then with his line East 266 poles to a white oak in King’s line, then with his line south 118 poles to the beginning.’

Washington County Will Book A, Page 11-15

Will of Thomas Pearce 

In the name of God, amen.  I, Thomas Pearce, of the County of Washington and State of Kentucky, being in a low state of health, though in my perfect reason, do make this my last Will and Testament, and hereby revoke all others.  In the first place I recommend my soul to God who gave it and my body to its parent Earth to be entered at the direction of my friends.

2nd.  I will that my debts be justly paid and all due attention paid to the force and meaning of this my last Will and Testament, and what has been pleasing to God to bestow on his unworthy servant be disposed of in manner as follows (to wit).

In the first place I bequeath to my beloved wife Lydia Pearce the plantation whereon she lives, that is so much as shall be included in the whole of the improvement and fifty acres joining thereto, to be laid off as she shall think best and all

appurtenances thereunto belonging during her natural life and no longer.  Also, I will that she have ten cows and calves, also four horse creatures – Big Bay, Little Bay, Davis Gray and a cream colored mare, 20 sheep, also the whole of the farming utensils with the wagon, also the whole of the household furniture, also the Negro girl until she arrives to the age of 30 years, with her increase, but my will is that she, the Negro by the name of Hannah, be set free at the age of 30 years, and that her increase be set free at the age of twenty-five years, and that my legatees be jointly bound to comply with the requisition of the law concerning the freed of Negroes.

I also will that my minor children be raised by my wife and that she school each boy until he can read the Bible well and likewise each girl and that she is not bound to maintain the children only to the age of fifteen unless they should after do the duty of children to a parent and desire to stay until they arrive to full age.  I also will to my wife the whole of my stock of hogs.

The second place I will to my beloved children (to wit) John, Isaac, Adam,

Jacob, William and Thomas Pearce that they possess then equal part of that parcel of land adjoining to the lands given to my wife, to be laid off by my Executors, also receive as they come of age, the equal part of all money arising from the sale of any part of my estate after a sufficiency is left in the hands of my Executors to pay debts and the hereafter mentioned legatees and that the plantation or parcel of land left to my wife with its appurtenances be sold at her death for the best price and the money arising there form be equally divided amongst my male children that shall arrive to the age of 21 years and that if they or any of them shall die before they arrive to that age and having lawfully begotten and legates left to either of them as above mentioned, shall descend to such heir, then they will receive of my Lydia’s part as they arrive to the age of 21 years, as well as horse creatures, work 18 years (hard to read),

and that her successors are not bound to pay such creatures if she shall die before they arrive to that age.  I likewise will that John and Isaac have the two rifle guns to dispose of as they shall think proper.  Also, that Isaac have a suit of clothes as good as the suit I bought for my son John.  In the 3rd place I will and bequeath to my beloved children Mary, Betsy and Fanny(?) fifty pounds this currency to be paid to each as may shall arrive to the age of 18 if married and not else until they arrive to the age of 22 years, except that if they marry between the age of 18 and 22 and in such case when they marry.  I likewise will that all money arising from the sale of any part of my estate be left in the hands of my Executors until the legatees arrive to the age to receive it, unless likelihood of there proving (blank) and that they are not to be accountable for (blank) for any money left in their Hands.  I constitute and appoint my trusty friend Josiah Wilson and Jeremiah Briscoe my

whole and sole Executors.  In witness I have hereunto set my hand and seal this 10th day of April 1793.

Thomas Pearce

The horse creatures in the fourteenth line underlined in presence of the witnesses and by request of Thomas Pearce because omitted through mistake.

Witnesses – John Sandusky, John Burnet, John Springer

At a County Court held for Washington County the sixth day of June 1793

This will was proved by the oaths of John Sandusky, John Burnet and John Springer, subscribing witnesses thereto and ordered to be recorded and on the motion of Josiah Wilson and Jeremiah Briscoe, the Executors therein named who made oath and executed and acknowledged bond as the law directs, a certificate is granted them for obtaining a probate thereof in due form.

It wasn’t until 33 years later that Thomas Pearce’s land was divided and distributed among his sons. According to the chart at the top of the above insert, land was divided into seven parts. Thomas Pearce received Lot 1 containing 101 3/4 acres; William received Lot 2 containing 100 acres; I do not see that Lot 3 was awarded to anyone – perhaps a mistake in the deed; Adam received Lot 4 containing 62 3/5 acres; Jacob Lot 6 containing 116 3/4 acres; and John received Lot 7 containing 153 acres.

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