In a comment on one of my posts someone suggested I check out old wills included with early Kentucky land grants on the Kentucky Secretary of State’s website.  I used the website for land grant information but had not utilized the wills section.  Use this link to see if your ancestor’s will is listed.   https://web.sos.ky.gov/land/wills.aspx.  When you reach the site click on the arrow beside the scanned wills and it will give an alphabetical listing of wills available to view.

For our example I chose Thomas Barbee of Mercer County.  Thomas Barbee served in the American Revolution as well as his brothers.  After the war he and his father and brothers moved to Mercer County, as they had received land for their military services.

Kentucky became a state June 1, 1792, and there was a flurry of activity afterwards.  A few instances of Thomas Barbee in these early developments:

In the June 30, 1792, Kentucky Gazette, Lexington, Kentucky, the Governor has made militia appointments, including Thomas Barbee as leader of the 5^th regiment, in addition to other leaders.   

In the November 11, 1792, Kentucky Gazette – Notice is hereby given that a Post Office is now opened in Danville under the general Government, and that the mail will arrive on Saturday the 3d of November, and from that period that day two weeks; the rider will remain in Danville until the Monday morning following his arrival, at which time the returning mail will be deposited.  Thomas Barbee, Deputy Post Master, Danville, October 24, 1792.

February 27, 1796, Kentucky Gazette –  a ‘waggon road’ was to be built ‘through the wilderness, commencing in the neighborhood of Crab Orchard and terminating on the top of the Cumberland Mountains where the present road passes to Virginia.’  Thomas Barbee was one of the commissioners for this enterprise

Thomas was born November 29, 1752, Culpeper County, Virginia, and died within a month or two after his will was written February 7, 1797.  In the Court Records of Mercer County for May 23, 1797, his brother Joshua Barbee, his executor, received probate.  Between those two dates Thomas’ death occurred.

No wife or children are named in the will.  Lucy Barbee, Thomas’ wife, died in April 1791. She is buried in Bellevue Cemetery in Danville, Boyle County, Kentucky, as is Thomas. At that time the area now known as Boyle County was still part of Mercer County.

Thomas’ first act in his will is to free his Negro woman Lydia, and frees her children at the ages of 31 years for her sons and 26 years for her daughters.  They are all to be taught to read and write, and the men are to learn arithmetic.

Brothers Elias, John, Daniel, William and Joshua Barbee are given bequests, as well as Benjamin Fields – possibly a brother-in-law?  In addition Benjamin Fields’ wife Mildred, and Thomas’ sister-in-law Elizabeth, wife to his brother Elias, also receive land.

The will from the website is the original will written and signed by Thomas Barbee.  If you look at the signatures of the witnesses a couple of them are difficult to read.  The first, RoCraddock is not too difficult to decipher.  The second looks like Ja.  Fourth is JaHunter and the last is Rankin.  When you look at the will from Mercer County Will Book 2, see above image, written by Thomas Allin, we see that the four names are Robert Craddock, Ephraim McDowell, James G. Hunter and Adam Rankin.  Evidently Mr. Allin was familiar with the signatures of these four men.  Thankfully he gave us the information! 

Will of Thomas Barbee

Mercer County Kentucky Wills

Book 2, Pages 31-34

In the name of God, Amen.  I, Thomas Barbee, of the county of Mercer and State of Kentucky, do make this my last Will and Testament in manner and form following.

Imprimis.  My will and desire is that my Negro woman Lydia, at my decease, shall become free and be discharged from all further service of any person whatever and that she be thereof entitled to and enjoy all the privileges which other free Negroes within this state shall enjoy. 

I also give the services of Tom, Alin, Eve, Jenny, Daniel and Dennis, six children of the said Lydia, to my brother Joshua Barbee, to serve until the said Tom, Daniel and Dennis, respectively, attain the age of thirty one years, and the said Alin, Eve and Jenny respectively obtain the age of twenty six years, at which period the said Tom, Alin, Eve, Jenny, Daniel and Dennis shall become free and may have all rights and privileges of free Negroes within this and shall and it is my will, that of the said Alin, Eve or Jenny shall have any increase during their servitude, such increase shall not be deemed slaves, and I do further direct that the owner or possessors of the said Tom, Alin, Eve, Jenny, Daniel and Dennis shall cause them to be taught to read and write and the said Tom, Daniel and Dennis

to be taught as much of arithmetic as shall enable them to understand accounts. 

I give and devise to Benjamin Fields and his heirs forever one thousand acres of land, being one half of a tract I claim on the waters of Panther Creek, granted to me by patent, bearing date the twenty-eights day of July one thousand seven hundred and ninety.

I give and devise to Elizabeth Barbee, the wife of my brother Elias, and to Mildred Fields, the wife of Benjamin Fields, one thousand acres of land, being the residue of the tract I claim on Panther Creek, to them, their heirs and assigns forever.

I give and devise to my brothers John Barbee, Daniel Barbee, William Barbee and Elias Barbee two thousand four hundred and ninety four acres of land lying in the County of Logan, two thousand two hundred and nineteen acres of which was deeded to me by Philip Yizer and Caty, his wife, the eleventh day of July one thousand seven hundred and ninety six and two hundred and twenty five acres being the residue of a tract of thousand acres granted to me by patent bearing date the eighth day of August

one thousand seven hundred and eighty seven to them, their heirs and assigns forever, to be equally divided.

All the residue of my estate, both real and personal I give and bequeath to my said brother Joshua Barbee, to hold to him, his heirs and assigns forever, and in case of the death of my said brother Joshua without issue, that then all the estate left him shall be equally divided between my said brothers John, Daniel, William and Elias in equal proportion, except so much as may be necessary to pay my just debts, which it is my will shall be paid by my brother Joshua out of the estate left him.

Lastly, I appoint my said brother Joshua Barbee, Executor, to this will, hereby revoking all others. 

In testimony whereof I have hereunto set my hand and seal this seventh day of February one thousand seven hundred and ninety seven.  Signed, sealed, published by the Testator in the presence of Robert Craddock, E. McDowell, James G. Hunter, A. Rankin

Thomas Barbee, his seal

Mercer Court – May county Court 1797

This last Will and Testament of Thomas Barbee, deceased, was exhibited into Court and proved to be his act and deed by the oath of Adam Rankin, a subscribing witness thereto and ordered to be certified fully proved to be his act and deed by the oaths of James G. Hunter and Ephraim McDowell. Ordered to be recorded.

Teste. Thomas Allin, County Clerk