James Haydon Will
Henry County Will Book A, Pages 25-29
In the name of God, amen. I, James Haydon, of Henry County and State of Kentucky, being weak in body but of sound mind and memory, blessed be almighty God for the same, do make, publish and declare this my last will and testament in manner and form following.
Item 1st. I give and bequeath unto my beloved wife, Elizabeth Haydon, during her natural life, the houses and plantation on which I now live, including all the lands and appurtainances, that’s appertaining only those hereafter excepted which said lands, tenements and appurtainances together with the household and kitchen furniture, farming utensils, stock of horses, cows, sheep, hogs, poultry, etc. I grant, give and bequeath to the said Elizabeth Haydon, to her only use and behalf during her natural life, and upon her deceased to descend as follows:
The plantation to descend (upon the decease of the said Elizabeth Haydon) to my son, John Haydon, and his heirs or representatives, in fee simple, forever. The stock, household and kitchen furniture, farming utensils, etc., as above described, to be divided among my legal representatives, in such a manner as to the said Elizabeth Haydon, upon her decease may deem proper and expedient.
Item 2nd. I give and bequeath unto my beloved wife, Elizabeth Haydon, during her natural life one Negro man called Moses.
One Negro woman called Rachel and one Negro woman called Judah and her child, Harriett. It is to be distinctly understood, and it is my will and pleasure, that the last-mentioned Negro woman and child (Judah and Harriett) shall descend to and belong to my said son, John Haydon, with their increase forever, to him and his legal representatives. The other Negroes, Moses and Rachel, I leave and direct to be disposed of as my wife, Elizabeth Haydon, may appear expedient upon her decease, among my legal representatives, together with all and singular the stock, household, kitchen furniture as before described and disposed of.
Item 3rd. I give and bequeath unto my son Francis Haydon forty shillings, to be raised out of any remaining property not otherwise appropriated.
Item 4th. I give and bequeath unto my daughter Nancy Bryant and her children forever, to them and their only proper use and behoof, one Negro woman named and called Lucy, with her increase forever, and I further declare all sales or transfers of every nature utterly void which may tend to disinherit the said Nancy Bryant or her heirs of the said slave Lucy or her increase, which property is in addition to that already delivered I consider her equivalent of my estate.
Item 5th. I give and bequeath unto my daughter Sally Forbes, one Negro girl called Lydia at the value of one hundred dollars paid to my daughter Elizabeth Edson, one Negro man called Charles (supposed at the value of five hundred dollars) which Negro Charles is designed for my said daughter Elizabeth
upon her husband’s (John Edson) paying over to Isaac Forbes, husband of my said daughter Sally and such a deduction of his value as will make the said Lydia equal in value to that of Charles, within three months after actual possession of said slave. It is directed. and I do declare it my pleasure, that in addition to the value of Lydia, no more money is to be paid by said Edson that will make the said slaves of equal value, which property in addition to what I have already advanced I think equivalent of my estate.
Item 6th. I give and bequeath unto my daughter Martha Slaugher Roberts, one Negro girl called and known by the name of Priscilla, and her increase, to the said Martha and her lawful heirs forever, to the only proper use and behoof, and I do further declare all sales or transfers of the property aforesaid out of her possession to the said Martha and her children utterly void which property, in addition to what already bequeathed I think an equivalent of my estate.
Item 7th. I give and bequeath unto my son, James Haydon, one certain tract or parcel of land, lying and being in Henry County, situated and bounded as follows, beginning at a beech and sugar tree, in a line of Boone’s 2000 acre survey, thence south 45, east 184 poles to two sugar trees and a beech. Thence north 45, east 74 poles to a hickory, walnut and elm. Thence up a small branch north 22 west 34 poles. Thence north 15, west 64 poles, to an ash and dogwood. On the south side of the road leading from New Castle, thence north 78, west 40 poles to three beeches on the north side of the road. Thence north 88 west 90 poles to a hickory in Boone’s line, thence with said line south 45, west 26 poles to the beginning, continuing by survey one hundred and nine acres which said tract or parcel of land I bequest to him and his assigns forever. Also, in addition, to the aforementioned property I give and bequest him one Negro boy, Bert, to have and to hold forever. Also, one feather bed and furniture and two cows and calves, which property in addition to that received I think an
equivalent of my estate.
Item 8th. I give and bequeath unto my son, Cary Allen Haydon (infant) one certain tract of land lying and being in Henry County, situated and bounded as following, beginning at three beech trees on the north side of the road leading to New Castle, thence north 88, 30 west poles to a hickory in the line of Boone’s 2000 acre survey, thence with said Boone’s line north 45, east 200 poles to a dogwood, black oak and sassafras, thence south 45, east 64 poles to a stake thence south 45, west 140 poles to the beginning, containing by survey seventy acres, which said tract or parcel of land I bequeath to him and his assigns forever. Also, in addition to the aforementioned property, I give and bequest him one negro boy, called Scipyear, to have and to hold forever, also one feather bed and furniture and two cows and calves, also one horse, bridle and saddle, which property, so soon as he arrives to the age of twenty-one years. I request and direct the executors of my estate afterward to be named and appointed to deliver over the land at the age aforesaid, the property aforesaid and will all profits and emoluments therefore in any way arising at which time the said property with all and singular its appurtainances, profits and emoluments to him and his assigns forever. I give and bequest, I direct that the boy Scipyear mentioned in the foregoing item remain without charge in any way, with my wife, Elizabeth, until the legatee, Cary Allen Haydon, arrives to the age of twenty-one years.
Item 9th. I bequest to my grandchildren, James Hancock, Mariah Hancock and John Bartlett Hancock, one hundred dollars each, to be severally paid them upon their arrival at lawful age in good and property at a fair valuation.
Lastly, I constitute and appoint to the end that my devises may be carried into full execution, my beloved wife, Elizabeth Haydon, Executrix, and my son, James Haydon, Isaac Forbes and John Edson, Executors of my whole estate, and they are hereby charged and invested with full and complete power to act, distribute and divide all and singular the goods, personal and real, mentioned in the preceding items. To the legatee’s therein mentioned and particularized, in conformity to the tenor of each devisee. In testimony whereof, I have hereunto set my hand and affixed my seal this thirtieth day of October in the year of our Lord one thousand eight hundred and twelve.
Signed and sealed in presence of Thomas Stringate, Elijah Vandigrith, Will Neale and Hannah Bryant
Henry County, March Term 1813
This last will and testament of James Haydon, deceased, was produced in court, proved by the oaths of William Neale and Thomas Swingate, subscribing witnesses thereto and ordered to be recorded.
Att. Rowland Thomas