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Estate Records
Will & Codicil of Thomas
McClanahan-Will Book C-Part 2-Pages 476-488
Submitted by Mary Hatton 5/28/2006
I Thomas McClanahan of the County of Bourbon and state of Kentucky being weak
and very infirm, but of sound mind and memory, and wishing after my decease that
no disputes may arise concerning my Estate, do therefore constitute and ordain
this my last will and testament.
Item. I give and bequeath to the Heirs and representatives of my son William
McClanahan, dec’d, seventeen hundred and two acres of land, including the
plantation whereon I now live and to be divided in the manner and form following
viz: unto my grandson Thomas McClanahan one hundred acres to include the
plantation where on he now lives to be laid off in a square figure and to my
grandson William McClanahan one hundred acres to begin in Thomas McClanahan’s
East line at a place that will leave two fifty acre lots to the north to run
South and East to include the plantation whereon I now live fifty acres of which
including the dwelling house and spring, I wish peaceably to be enjoyed by
Elizabeth McClanahan widow of my son William McClanahan Dec’d. during her
natural life. I give to William Browning and Lucy his wife fifty acres of land
which is already Deeded to him by Benjamine Bell, to John Harrison and Elizabeth
his wife, fifty acres of land already deeded to him by myself To James Pullen
and Aggy his wife fifty acres of land to be laid off in the north east corner,
to Sally McClanahan fifty acres, and to Polly McClanahan fifty acres, and to
Elizabeth McClanahan widow of my son William McClanahan, Dec’d fifty acres to be
laid off in the safe part, the residue having a claim on it, It is my will that
what is saved be equally divided between the aforesaid Daughters and widow of my
son William McClanahan Dec’d.
Item. I give and bequeath to my son Thomas McClanahan seven hundred and two
acres of lands Beginning at a walnut and sugar tree no west corner to Thos
Strothers survey running East three hundred and thirty poles to Jno Harrisons
corner thence So three hundred and forty poles to the So line of my Military
survey thence west three hundred and thirty poles to the South west corner of
Thos Strothers survey; thence North to the beginning, including the said seven
hundred and two acres which includes two hundred and eighty four acres deeded by
me to Thos Strother also two hundred and twenty acres already deeded to my son
Thomas McClanahan
Item. I give and bequeath to my son-in-law, David Hickman and Clary his wife
four hundred and twenty acres of land Beginning at a corner made for me on
Heath's wt line, running west, to my N west corner-thence S with my west line to
a corner betwixt said Hickman and Sam Elgin thence with a line between Hickman
and Elgin, to a corner of theirs on Heaths line thence N to the Beginning, also
twenty acres on the East side of Heaths survey beginning, at Heaths S East
corner, running so as to include the spring where William Love now lives to a
corner on Wait's line; thence west with S line to Heaths line thence S the
Beginning making in whole four hundred and forty acres.
Item. I give to Robt. Johnstone and Peggy his wife during their natural lives
all that tract or parcel of land, lying on the East of David Hickman. Beginning
at Heaths So East corner running with what's call'd Brents Road to Larkin
Field's line thence with said line and Willis Field's line to Wait's line;
thence with said line to Hickmans corner on sd. Line, thence with Hickmans line
to the Beginning, being four hundred and four acres including fifty acres
already Deeded by me; to my Grandson William Johnston and at their deaths to be
equally divided betwixt my said Grandson William Johnston and Maurice Langhorne,
viz:, That in addition to the fifty acres already deeded, one hundred and fifty
two acres more to my said Grandson William Johnston, and unto Maurice Langhorne
two hundred and two acres.
Item: I give and Bequeath to Sam Elgin and Aggy his wife during their natural
lives, all that tract or parcel of land lying on the west and south of David
Hickman's whole tract. Beginning on Heath's line a corner made for said Elgin
and Hickman, running with a dividing line betwixt them to the corner on the west
line; thence S to Giltner's corner thence East with his line to Thomas Bensons
corner thence with his line to his North east corner thence N to a sugar tree
and walnut, Thos Strothers corner, thence W to Heaths South W corner, thence
north to the Beginning suppos'd to be five hundred acres and at their deaths it
is my will and desire that the said five hundred acres of land be sold and the
money arising there from equally divided betwixt the surviving heirs and legal
representatives of my Daughter Aggy Elgin.
Item. I give and Bequeath To Tho. Ashford and Sally his wife and Isaiah Elkins
and Ann his wife all my lands lying In the County of Woodford known by the name
of the Clover Bottom, supposed to be fourteen hundred acres, to be equally
divided betwixt the said Tho. Ashford and Isaiah Elkin, agreeably to quantity an
quality each being confined to the places they first settled.
And lastly I do hereby appoint my son Thomas McClanahan my lawful Executor to
carry thus my last will and testament into effect, and to dispose of all my
estate, both real and personal, no heretofore disposed of and the money arising
there from to retain in his hands for the purpose of making good any land that
may be lost out of any that I have bequeath'd to my children, and after
defraying such expense, if any, the balance to be equally divided amongst my
legal heirs and representatives viz: giving to the heirs and representatives of
my son William McClanahan, dec. one seventh part of such residue. In witness
whereof I have hereunto set my hand and affixed my seal this fourth day of May
in the year of our lord, Eighteen hundred and seven.
Thomas McClanahan (his mark and Seal)
Done In presence of us,
Elizemon Basey
William Love
Alfred Basye
Bourbon County Feb. Court 1809
This last Will and Testament of Thomas McClanahan dec’d. was produced into open
Court and proved by the oaths of Elizemon Basye William Love & Alfred Basye &
ordered to be recorded.
Attest Will. Garrard C.B.C.
Codicil to Thomas McClanahan's Will, Pages 481-488
I, Thomas McClanahan of the County of Bourbon & state of Kentucky do this
twelvth day of September in the year of our Lord one thousand Eight hundred and
Eight make and publish this codicil to my last will and Testament bearing date
the fourth day of may in the year of our Lord one thousand Eight hundred and
seven, I do incorporate this Codicil with all the alterations, explanations &
amendments herin in contained as part thereof. Whereas in and by my said last
will and Testament I gave & devised to James Pullen and Elizabeth McClanahan
widow of my son Willam McClanahan Deceased, each fifty acres of land in said
will described. Now I do hereby revoke and annul said devises & bequeaths. I do
hereby declare that my will is that?
I do hereby devise the said fifty acres of land as described in said last will
and testament (and therein divised to James Pullin) to Elizabeth McClanahan
widow and relict of my son William McClanahan deceased and her two sons Thomas &
William McClanahan have as trustees for the benefit of & in trust Agatha Pullin,
wife of the said James Pullin their heirs free from the control of the said
James Pullin hereby vesting in said trustees the legal title thereof to be by
them held for the sole use of the said Agatha Pullin wife of the said James
Pullin and I do hereby further devise and bequeath to Elizabeth McClanahan widow
of my son William McClanahan deceased and her two sons Thomas & William
McClanahan as trustees to be by them held in trust & for the use of Peggy Dudley
my grand daughter the wife of Robert W Dudley the aforesaid fifty acreas of land
described in my last will and testament and therein devised to the said
Elizabeth McClanahan widow of my son William McClanahan Deceased, and I do
hereby vest in said trustees the legal title to said land to be by them held for
the exclusive use and benefit of the said Peggy Dudley my grand daughter as
aforesaid and her hieirs free from the control or disposal of her siad husband
Robert W. Dudley and whereas also in my said last will and testament I devised
seven hundred and two acres of my land to the heirs of my son William McClanahan
deceased onto the Husbands of the females of said heirs & therein set forth the
manner of said devises & described the different parts and quantities to be
given until I had disposed of five hundred acres & the balance to wit, two
hundred two acres thereof the title of which I then thought and still think
doubtful, I devised to Elizabeth McClanahan the widow of my deceased son William
McClanahan & her six daughters to be equally divided among them provided the
said two hundred and two acres of land should be saved. Now I do hereby declare
it to be my last will and testament I do give this explanation thereto, that
said doubful balance of two hundred and two acres of land is to be, and the same
is hereby vested in said widow and her six daughters equally, so as to pass to
them all the title thereto, of which I am now possessed except the shares of the
two daughters of said widow McClanahan, namely Agatha Pullin wife of James
Pullin, and Peggy Dudley wife of Robert W. Dudley, the legal title to which two
shares of said balance of two hundred and two acres of land, is not to pass to
the said Agatha Pullin and Peggy Dudley bit is hereby vested in their mother
Elizabeth McClanahan widow & relict of my son William McClanahan deceased, & in
Thomas & William McClanahan, sons of said Elizabeth McClanahan as trustees for
the benefit and use of said Agatha Pullin and Peggy Dudley & their heirs
respectively. To be by said trustees held possessed and enjoyed for the use
aforesaid free from the control of their two husbands James Pullin and Robert W.
Dudley in the same manner as the afresaid fifty acres of land to said devisies
each are herein devised to said trustees to be possessed and enjoyed. But it is
hereby further declared to be my last will and testament that if any part of
said doubtful balance of two hundred two acres of land should at any time here
after be lost, the said devisees thereof to wit, the said widow McClanahan and
her six daughters are not to be renumerated out of my estate for suchloss by my
executor out of the provision I have hereunto made for the devisees of my said
last will and testament out of whose shares respectively losses may happen nor
in any other manner whatsoever. And whereas by my said last will and testament I
willed and requested that my son Thomas McClanahan Junior my sole Executor
should dispose of sell all the balance of my Estate not speciolly devised by my
said last will and testament. Now I do hereby will and appoint the proceeds of
said sale of said residue of my estate, as a fund to satisfy the devisees of my
said last will and testament & to be in lieu of any losses of land which have
already or may hereafter happen in any of the lands by my said will devised. It
is hereby expressly declared to be my will that said proceeds of said sale by my
executor shall be appropriated by him to the purpose of repairing and making
good the loss of ceratin land to certain of the devisees in my last will and
testament mentioned, out of whose shares respectively a loss of land has already
happened. Since the making of my said last will and testament, in a suit which
has been since decided in the Court of appeals between me and Thomas Respalp(?)
& that the residue of the said fund (arising from the sale of my estate as
aforesaid) if any, after __? ring & making good the said losses of __? which
have already taken place, shall be appropriated for the purposes of making good
any losses which any of the devises in my last will and testament mentioned may
hereafter sustain and it is also my will and desire that if the fund here
provided in the hands of my Executor for the purpose of making good to my said
devises any losses in land which have or hereafter may happen, should at any
time prove deficient for that purpose, the balance of losses unsatisfied and for
the satisfaction of which said fund shall be insufficient shall be made up to
the devisee so losing by a contribution of all the devisees to my said last will
and testament said contribution to be made in proportion to the value of the
several shares of land to them devised in my said last will and testament. And
to prevent disputes and difficulty in ascertaining the value of any shares of
land, in my said will devised to any of my devisees which shares have already or
may hereafter happen to be lost, I hereby constitute the following as a mode of
ascertaining said value – My said Executor and any of my said devisees who now
have or may hereafter lose any part of the land to them devised, shall each
select and choose two disinterested honest men with power in said referees to
choose and umpire and they or a majority of them with their umpire shall
ascertain the value of the land so lost & certify the same under their hands and
seals after being duly sworn agreeably to laws which value so ascertained shall
be paid by my executor accordingly when the fund herein provided for that
purpose shall come to his hands. And it is hereby further provided that the
value of any share so lost for which contribution is requisite as it the value
of each devisee's share who has to contribute, in order to ascertain the amount
of contribution from each shall be ascertained in the same manner and by the
same number of disinterested men & their umpire chosen by the party who has lost
and the party contributing as has already been herein provided, in disposing of
or applying the fund for losses, heretofore provided in the hands of my
Executor.
And lastly it is my desire that this my present codicil be annexed to and made a
part of my last will and testament to all intents & purposes. In testimony where
of I have hereunto set my hand and affixed my seal the date first above written.
Thomas McClanahan (his mark and seal)
Elijah Webb
George Ellis
Cuelius Clavert
John L. Hickman
Thomas Mazinge
Wm. Johnston
Bourbon County February Court 1809
The within codicil annexed to the last will and Testament of Thomas McClanahan
deceased was produced in Court and proved by the Oaths of Elijah Webb George
Ellis & Wm. Johnson witnesses thereto & ordered to be recorded.
Attest, Will Garrard for CBC
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