Old Wills

David Woods 1786 Will – Mercer County, Colony of Virginia

In looking through early Mercer County wills I found David Wood’s will written in 1786. At that date Kentucky was still part of Virginia. We didn’t become a state until 1792. The Revolutionary War was still going strong, patriots desperate to win their independence from Great Britain. Soon to be Americans had been in this area for some time, Harrodsburg becoming a settlement in 1774.

On page 3 of Mercer County Will Book 1 we find the last Will and Testament of David Woods. After the usual payment of debts and burial charges, David gives household and kitchen furniture and tools to wife Mary. Ann Jennings, wife of Jonathan Jennings, is given 50 acres of land, part of land where David Woods lived. His mother, Ann Woods, is mentioned and he asks she be ‘genteelly maintained’ during the rest of her life. Four children are listed – John, Nancy, Billy and Betsey. Capt. Samuel McAfee and Capt. John Gilmore are listed as executors. A Guardian’s Account gives an idea of what children of that time period needed, especially clothing.

Will of David Woods

Mercer County Kentucky Will Book 1

Page 3

In the name of God, amen.  I, David Woods, of the County of Mercer and Colony of Virginia, being now in perfect sense and memory, do make this my last Will and Testament, and for what Estate it hath pleased God to bestow on me, I give and bequeath as followeth.

First, I desire that the debts that I justly owe should be paid, and likewise my burial charges.

Item.  I give all my household and kitchen and furniture with all my working tools to my beloved wife Mary Woods, to her and her heirs forever.

Item.  My will is that a Deed of Conveyance be made to Ann Jennings, wife of Jonathan Jennings, for 50 acres of land, being part of the tract I now live on and including the springs called the Three Springs where Jonathan Jennings late improvement is.

Item.  My will is that my mother, Ann Woods, be genteelly maintained out of my estate during her life.

Item.  I give all the rest of my estate, consisting of lands, Negros, stock, etc., to be equally divided between my beloved wife Mary Woods, and all my children – John Woods, Nancy Woods, Billy Woods and Betsey Woods, to them and their heirs forever, except my present crop or corn and wheat.  I desire, and my will is that that be kept together for the support of my family.

Lastly, I appoint Capt. Samuel McAfee and Capt. John Gilmore my whole and sole Executors to this my last Will and Testament.  In witness hereof I have hereunto set my hand and seal this thirtieth day of September one thousand seven hundred

Page 4

and eighty six.

David Woods, his seal

Teste.  Bernard Noel, John Smith, Samuel Woods

At a Court held for Mercer County at the Courthouse on the 5th day of December 1786

This last Will and Testament of David Woods, deceased, was produced in Court and proved by the oaths of John Smith and Samuel Woods, two of the subscribing witnesses thereto and ordered to be recorded.

Teste.  Thomas Allin, County Clerk, Mercer County

James McAfee was guardian to David Woods orphans – perhaps he took the task over from his father, Capt. Samuel McAfee?  Page 43 of Will Book 1 lists the following expenses:

Schooling for Nancy

Schooling for Nancy and Billy

Surveying 500 acres of land to a copy of an entry

To hunting a warrant to register fee for the same land

Children’s clothes – a cotton frock for Nancy

A chintz and two linen frocks

2 petticoats and 2 handkerchiefs

3 pair of stockings and 2 pair of shoes and 2 shifts

1 bonnet, one fine shift one pair of gloves

1 hat

Clothes for Billy for one year

3 shirts, 2 pair of  trousers, 1 coat, waistcoat and britches

1 pair of shoes and stockings

Clothes for Betsey for 1 year, 2 frocks

1 frock, 2 petticoats, 1 pair of shoes

1 pair of stockings, 3 shifts

Clothes for Negro Bill for 1 year – 4 shirts

Coat and overalls, 1 jacket and shoes

Clothes for Negro Lewis,  shirts and frock

To boarding the five children for 1 year and five months

A journey to North Elkhorn to look at land due from Col. John Smith to the heirs, 4 days

To a journey to Mays Lick in Washington County to lay off 300 acres of land due from the estate of Samuel McKee, nine days

62 pounds 5 shillings 11 pence

Money received:

Rent of 20 acres of land from the 28 of April 1789 to September 1790 – 8 pounds 17 shillings 6 pence

To the hire of Negro Windsor 1 year and 5 months – 13 pounds 13 shillings 4 pence

To the hire of Negro Grace 1 year and 5 months – 6 pounds 16 shillings 0 pence

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