Since the book on Pleasant Grove Presbyterian Church is finished, I thought I would choose one of the older members for a post. Randal Litsey has a very lengthy will! In it he names his wife, Mary, and his three sons Leroy, John and Uriah, and daughters Nancy, Susan, Elizabeth, Mary Ann and Louisa.
But before we start this portion of the story we must travel to Augusta County, Virginia. Randolph Litsey, generally called Randal, was the son of Anthony Litching (Litsey) and Susanna Slack. Anthony and Susanna Litching sold land to Andrew Jaeger in 1780 in preparation of their move to Kentucky. In 1786 Anthony and Susanna purchased two hundred and one acres from Matthew Walton and wife Frances in Washington County. The land was located on the waters of Road Run, a branch of Cartwrights Creek. Years later, after the death of their parents, the land was deeded to the children of Anthony and Susanna – May 29, 1818 – which enabled the children to sell the land to Basil Mullican.
Let’s discuss the discrepancy in their surname. In Virginia the surname was Litching – as per the deed to Andrew Jeager. When Randolph applied for a bond to marry Mary ‘Polly’ Gregory in Washington County, December 30, 1797, his surname was Litching – note the marriage bond and consent below.
Know all men by these presents that we Randal Litching and Abel Gregory are held and firmly bound unto his Excellency, the Governor of Kentucky, in the sum of fifty pounds current money, to the payment of which well and truly to be made to the said Governor and his successors. We bind ourselves, our heirs, jointly and severally, firmly by these presents, sealed with our seals and dated this 30th day of December 1797. The condition of this obligation is such that whereas there is a marriage shortly intended between the above bound Randal Litching and Polly Gregory, for which a license has issued. Now if there be no lawful cause to obstruct the said marriage then this obligation to be void, else to remain in full force and virtue.
Randal Litching, Abel Gregory
December 30, 1797
This is to certify that I am willing for a marriage intended between Randal Litching and Polly Gregory, given from under my hand and seal, Abel Gregory, Richard Gregory, Smith Gregory
In Anthony’s will, 1797, in Nelson County, dated the clerk writes his name as Anthony Litsen. So, after 1797 most of the family used Litsey rather than Litching. Why? Who can say? I found nothing in writing that declared that spelling to be correct, or that the name was changed.
The children of Randolph and Mary Gregory Litsey:
- Nancy Litsey, 1798 – 1851, married James Thompson, October 19, 1815.
- Leroy Smith Litsey, 1801 – 1853, married Margaret Shipley Head, June 4, 1824.
- Susan Wallace Litsey, 1805 – 1875, married Samuel Ray, buried Hickman County.
- Elizabeth Litsey, 1808 – 1880, married Charles H. Parrott, May 12, 1827.
- John Litsey, 1810 – 1885, married Emily Bird, buried Spring Hill Cemetery, Mercer County.
- Uriah Litsey, 1813 – 1886, married Eleanor P. Lewis, October 7, 1841.
- Mary Ann Litsey, 1817 – 1869, married John Withrow, January 17, 1832.
- Louisa Litsey, 1819 – 1852, married Thomas Reed, December 4, 1833.
An interesting tidbit from an article in The Springfield Sun, April 6, 1934, by Orval W. Baylor
‘The earliest member of the family in Kentucky was Anthony Litsey, whose house stood about midway between the Lincoln cabin on the South and the Richard Berry, Sr., house on the North. It is but a few minutes’ walk from the Anthony Litsey house-site to the spot where the pioneer Lincoln is said to have met his death [Abraham Lincoln’s grandfather].
‘Randal Litsey, son of Anthony, married Mary Gregory, daughter of Richard Greogry. Randal and Mary Gregory Litsey were contemporaneous with Thomas Lincoln and Nancy Hanks, the Litseys being but a few years older than Thomas and Nancy, Mary Litsey was one of Nancy’s intimate associates. She assisted with the making of Nancy’s wedding dress and she attended the wedding of Thomas and Nancy at Francis Berry’s house in 1806.’
Will of Randal Litsey
Washington County Will Book H, Pages 493 – 497
In the name of God Amen. I, Randal Litsey of the County of Washington and State of Kentucky, being sick and weak in body, but of sound and disposing memory, do make and publish this instrument of writing as my last Will and Testament in manner and form following, that is to say, after the payment of my debts and funeral expenses I make the following devises, to wit –
First. I will and bequeath to my beloved wife, Mary Litsey, during her lifetime the tract of land on which I now live, containing about 200 acres and known and called the home place. Also, I give and bequeath to my said wife during her lifetime four Negroes, she to take her choice of all my Negroes, also five hundred dollars in money and such of my farming utensils, stock of every kind, household and kitchen furniture as she may want.
Second. I will and bequeath to my son, John Litsey, after the death of my wife, the land above described and devised to her, also the tract of land on the Beech Fork above and adjoining my son Uriah Litsey’s land that he purchased of Edward Berry, containing about 206 acres, also a tract of about 66 acres on the north side of the Beech Fork on his paying to my estate out of his portion, the sum of ten dollars per acre for the two first mentioned tracts and two dollars and fifty cents per acre for the last mentioned tract of land, also that portion of the tract of land hereinafter described to my son Uriah Litsey and excepted out thereof around the still house to him and his heirs forever.
Third. I will and bequeath to my son Uriah Litsey the land I purchased of Thomas Hayden, deceased, and his mother, and the land I purchased of James Lee Hayden, excepting thereout so much land as a straight line running from the old corner between Edward Berry and Henry Hayden standing on the side of the Beech Fork hill (a poplar and beech standing) to a point on the still house branch 3 roods above the still house, thence running round said still house leaving the same on John Litsey’s side, a straight line to a point on said branch five roods below the still house, thence down said branch to the Beech Fork, all above said line is the land intended to be willed to Uriah Litsey, reserving to John Litsey the privilege of putting down pipes or lead troughs so as to convey the water out of the spring or branch into the still house when he is stilling. The said Uriah Litsey is to pay ten dollars per acre for said land out of his proportion of my estate, to him and his heirs forever.
Fourth. I will and bequeath to my daughter Mary Ann Withrow, during her life time, and to her husband, John Withrow, during his life time, the tract of land I own adjoining the lands of John Walkers heirs, Peter Goatley’s and (excepting these from the part
Of said tract of land hereinafter devised to my daughter Louisa Reed) and after their death to the child or children of my said daughter Mary Ann Withrow, should she have any that arrives to the age of 21 years, or that dies leaving issue, to them and their heirs forever. But should my said daughter Mary AnnWithrow die leaving no child or children that arrives to the age of 21 years or dying leaves issue, then the above described and devised land, after the death of my son-in-law John Withrow, is to revert back to my estate and I will and bequeath the same to the balance of my children, share and share alike, to them and their heirs forever. My said daughter Mary Ann Withrow is to pay out of her portion of my estate ten dollars per acre for the above described land devised to them as above, except the John Curtsinger part of said tract, for that part she is to pay out of her portion of my estate six dollars per acre.
Fifth. I will and bequeath to my daughter Louisa Reed and her heirs that part of the tract of land I own adjoining the land of John Walker’s heirs and Thomas Reed, that is bounded as follows, to wit, beginning at a Beech tree standing in the lane between John Walker and Randal Litsey, thence South 38 West 25 poles to an elm, thence South 59 West 6 poles to a stob thence North 34 West 7 poles to a stob, thence South 61 West 61 poles to a large white oak, then South 50 North 42 poles to a small white oak, finally South 61 West 32 poles to the line beginning on her, paying out of her part of my estate the sum of ten dollars per acre for said land to her and her heirs forever.
Sixth. It is my will and desire that the land I own in Marion County, Indiana, near Indianapolis, be sold by my Executors hereinafter named, to the highest bidder after due notice is given of the day and place of sale, on a credit of two and three years, the last two payments to bear interest after the expiration of the first year, taking bond and personal security for the purchase money and also taking a lien on the said land until all the purchase money is paid. Therefore, they are then requested to authorize and to make a deed to the same to the purchaser or his assigns. But should a majority of my adult heirs think it best and the most advisable not to sell said land until the railroad that is now making through the same is completed and in operation and notify my Executors thereof. It is then my wish and desire that the sale of the said tract of land be postponed until the said railroad is finished.
Seventh. It is my will and desire that my Executors hereinafter named, sell to the highest bidder as soon as convenient after my death, the 640 acres of land I own in Hickman in this state, on a credit of one, two and three years. The two
Last payments to bear interest after the expiration of the first year, taking bond and security and a lien on the land for the purchase money. The deed of conveyance to be made to the purchaser when all the purchase money is paid, the deed to be made by my Executors hereinafter named.
Eighth. As I do not wish the division of my other estate delayed until the above described two tracts of land can be sold and the money collected, it is my will and desire that the money arising from the sale of the said two tracts of land shall be divided between my heirs from time to time as the same or any part thereof may be collected.
Ninth. As I so not wish my slaves sold and scattered out of my family it is my will and desire that my children should divide them between themselves (dividing out in families as near as they can) if they can agree on a division, if they cannot agree on a division and any one of them request it, it is then my will that a division of said slaves be made equally between them by Stephen C. Brown, Milton Rogers and James B. Mitchell, which division so made shall be binding on them which slaves I give to them and their heirs, the four Negro girls I have loaned out one to James Thompson, one to Leroy S. Litsey, one to John Withrow and one to Uriah Litsey, are to be returned and taken in the division made as above between my heirs.
Tenth. I will and bequeath to my son John Litsey, who is hereby appoint a Trustee for that purpose, the Negro slaves and their increase that may be allotted and set apart in the division of my slaves to my daughter Susan Ray, in trust for her use and benefit during her lifetime and after her death the said slaves and their increase I will and bequeath to her children, share and share alike to them and their heirs forever. It is my will and desire that my said daughter Susan Ray should have the privilege of keeping all or any of said slaves in her possession without lien for her own use and comfort, but should they or any of them be taken out of her possession by sale, delivery, by process of law or in any manner whatever at any time during her lifetime, there and on the happening of either of those events, the possession of said slaves is to be taken by the Trustee aforesaid and the proceeds of the hire of them to be applied by him for the use and support of my said daughter Susan Ray during her lifetime as she may want it from time to time and the remainder of any after her death to her heirs.
Eleventh. I will and bequeath to my daughter Mary Ann Withrow during her lifetime the Negro slaves and their increase that may be allotted to her share belonging to my estate and after her death to her child or children should leave any that arrives to the age of twenty one years or that dies before that time, leaving issue, to them and their heirs forever. But should my said daughter die leaving no child that arrived to that age, or dies leaving no issue, then the said Negro slaves and their increase are to revert back to my estate and be equally divided between all my children, share and share alike, the children of those that may be dead to draw their father or mother’s share.
Twelfth. I will and bequeath to my son John Litsey, Trustee, as aforesaid, in trust for the use and benefit of my daughter Susan Ray, the legacy or legacies coming to her from the sale of the two tracts of land, one in Indiana and the other in Hickman County, Kentucky, devised to be sold in a previous clause of this will, and also the legacy or legacies she may be entitled to as one of my children by the hereinafter general devise to all of my children, by or after the clause in this will, the interest and profits of said legacies to be paid to my said daughter as she may require it during his lifetime and after her death the said legacies and the interest or profits should any remain in his hand I will and bequeath to my said daughters children and their heirs forever, share and share alike.
Thirteen. It is my will and desire that my son John Litsey shall not be held legally or equitably responsible for any mistake, miscarriage or loss of any of the trust estate devised to him as trustee of my daughter Susan Ray and he is hereby authorized to appoint agents or attorneys when he thinks proper to carry the trusteeship herein vested in him into effect when it is inconvenient for him personally to attend to the same.
Fourteen. I will and bequeath to my son-in-law James Thompson (who I hereby appoint trustee) in trust for the use and benefit of my daughter Mary Ann Withrow during her lifetime the legacy or legacies coming to her from the sale of the land before directed to be sold in the State of Indiana and County of Hickman in this state by previous clause of this will, and also the legacy or legacies that may be coming to her by the general devise hereinafter made to all my children, except the portion thereof taken out to pay for the land willed to her, the entire profit and interest arising from said legacies, the said Trustee is to pay over when collected to the said Mary Ann Withrow or her husband, John Withrow, and after her death I will and bequeath the principal of the said legacies to her child or children, should she have any that survives to the age of twenty-one years or dies leaving issue. But should my said daughter Mary Ann Withrow die leaving no children that arrive to that age or die leaving issue then the said estate and legacies is to be equally divided between all my children, share and share alike, to them and their heirs forever. It is my wish that the said James Thompson, Trustee, as before appointed should loan out the Trust Estate devised above and have the same well secured by good personal or landed security and pay the proceeds and interest thereof as above directed and he is hereby released from all responsibility from any mistake or loss of any of the Trust Estate devised to him as Trustee of my daughter Mary Ann Withrow.
Fifteen. I will and bequeath to my daughters Nancy
Thompson, Susan Ray, Elizabeth Parrott, Mary Ann Withrow and Louisa Reed and to my sons Leroy S. Litsey, John Litsey and Uriah Litsey, all the balance of my estate of every kind, including the money arising from the sale of the two tracts of land directed to be sold by my Executors and all other estate, both real, mixed and personal to be equally divided between them, share and share alike, to them and their heirs forever, the part of this devise coming to my two daughters, Susan Ray and Mary Ann Withrow, is to be held as Trust Estate and secured as before directed in the clauses concerning the same, except so much thereof as it may be necessary to pay for the land willed to the said Mary Ann Withrow and her husband during their lives to be taken out of her legacy.
I hereby nominate and appoint my son-in-law James Thompson, my son John Litsey and my friend Stephen C. Brown Executors to this my last Will and Testament, hereby revoking all other wills and codicils by me heretofore made.
In testimony whereof I have hereunto set my hand and seal this 6th day of September 1845.
Randal Litsey, his mark
Interlined and erased before signing.
Signed, sealed and acknowledged by the Testator in our presence and we in the presence of each other and in the presence of the testator, subscribed our names as witnesses thereto at his request – Stephen C. Brown, Henry C. Williams
I, Randal Litsey, of the said County and State, do make this Codicil and claim to the foregoing will. It is my will and desire that the survey coming to George Hayden’s son and the grandson of Henry Haydon, deceased, for which a part of the land I willed to Uriah Litsey is bound for, should be paid out of my estate, that portion of said money coming from me and my Executor is directed to pay the same which arrives of age.
As witness my hand this 6th day of September 1845.
Randal Litsey, his mark
Witness, Stephen C. Brown, Henry C. Williams
At a County Court began and held for Washington County at the Court House in Springfield on Monday the 15th day of October 1849, the last Will and Testament of Randal Litsey, deceased, was exhibited in Court and proven by the oaths of Stephen C. Brown and Henry H. Williams (as was also the Codicil thereto annexed) the subscribing witnesses thereto, and thereupon ordered to be recorded, which is accordingly done in Will Book H, Page 493.
Given under my hand this 15th day of October 1859.
W. B. Booker, Clerk Washington County
And one final comment! The word stob is a regional word meaning stake, stump or post! Your word of the day!!
Categories: Family Stories
