COTTON-KY-1820-Will

Will of WILLIAM COTTON, Fayette Co, KY, VA, MO
SPURR, BARNES, RILEY, WINN, STEVENS, CURRY, GRIMES, CLARK, MORE


WILL of WILLIAM COTTON, probated April 1820, Fayette Co, KY
Mentions Slaves:
 DICK, BAXTER, POLLY, BEN, CHARITY, BET,  (To EMMA RILEY who went to Clay Co, MO - BIDDY, SOPHA, YOUNG HANNAH, SPENCER,) OLD HANNAH and her child MARTHA, BILL, HARNATT, and LET's oldest child, (To CATTHA COTTON who went to Clay Co, MO,- REBECCA, ELIZA, HAGAR, and FRANK), SAM, AMERICA, TILDA, and LET'S SECOND CHILD,


p. 167  Will of WILLIAM COTTON of FAYETTE COUNTY desires that all his debts, of which there are but few and none of magnitude, be paid punctually, and legacies herein bequeathed are to be paid as soon as circumstances will permit.
... To DEARLY BELOVED WIFE JENNY COTTON, the use and benefit of the cleared land and buildings until the testator's ONLY SON, WILLIAM RICHARD BARNES COTTON, which he calls BILLY DICK, shall come of age which will on May 6, 1823, with the privilege of making use of the timber from the uncleared land for the use of said place to keep it in repair, and for firewood, having due regard to not wasting it, nor clearing one foot of it; provided wife remains a widow until son come of age.  But if she should marry before BILLY DICK comes of age, the land shall be divided beginning at a white oak, the southwest corner of the 100 acres purchased of WILLIAM WINN, thence east with THOMAS WINN, dec'd, line to a white oak standing by the side of EDWARD STEVENS fence marked as a side line between the testator and said STEVENS, thence through the middle of the line TOWARDS LEXINGTON TO JUST BELOW THE PIGPEN, and from there to the beginning, and the part with the mansion house and all the other buildings, orchard, etc is bequeathed to wife during her natural life but not to be sold or transferred to any other person excepting BILLY DICK in whom the legal title of this tract of land is left, and at her death the said part bequeathed to her shall revert back to BILLY DICK, as it is intended her shall inherit the land the testator now lives on, 125 acres.  Should WIFE remarry, the other part of the cleared land should be rented to some of the near neighbors to cultivate and keep in repair until BILLY DICK comes of age.  It is against the testator's wishes that there should be any other settlement made on the land or " ONE STICK OF GREEN TIMBER CUT" until BILLY DICK comes of age, and the profits arising from the said rented land shall be thrown into common stock.  If WIFE remarries, there shall be no account against children " AS IT OFTEN LEADS TO EXTORTION AND FRAUD ON THE ONE PART AND PREJUDICICE AND DISSATISFACTION ON THE OTHER."  Testator therefore makes her allotment sufficient that such charges may be dispensed with, and if she shall not remarry and requests it, BILLY DICK shall see that her part of the land shall be laid off to her as above described, and BILLY DICK shall take possession of the remainder; if she shall not remarry, BILLY DICK should live with her and aid and assist her and treat her with every respect of a child to a parent and "IN SO DOING HE WILL ALWAYS FIND IN HER A FAITHFUL FRIEND AND LOVING AND AFFECTIONATE MOTHER."

As to the negroes,  DICK  shall remain on the place and under the control of his mistress until BILLY DICK comes of age (provided wife remains a widow), at which time, CONSIDERING HIS MANY YEARS OF FAITHFUL SERVICE AND FOR OTHER CAUSES,  DICK SHALL THEN BE EMANCIPATED, with BILLY DICK'S PROPERTY BEING BOUND FOR HIS MAINTENANCE IN ORDER DICK IS UNABLE TO SUPPORT HIMSELF.  If WIFE remarries before BILLY DICK comes of age, then the negro DICK shall have his FREEDOM at the time of her marriage.  The Negro BAXTER shall remain on the place and under the control likewise of his mistress under the same conditions; if WIFE remarries the executors shall hire out BAXTER annually from the time of her marriage until BILLY DICK comes of age, TO SOME PLACE OF HIS OWN CHOICE, and the money arising to be thrown into common stock, and when BILLY DICK comes of age, BAXTER shall be given up to him, and SERVE HIM TEN YEARS AND THEN BE EMANCIPATED.  To WIFE is given the remainder of the Negroes, POLLY, BEN , CHARITY and BET, which negroes shall be kept by her or hired out, but are not to be sold or transferred under any pretense whatever or she shall forfeit her claim to such negroes and it shall be lawful for any of the testator's children to make immediate seizure of the negro or negroes so transferred and placed in the hands of whichever of the children or their heirs having the legal title on them at the mother's death. Neither shall any of the negroes be removed out of the county unless with the consent of the children.

To WIFE, after excepting three featherbeds and furniture complete, all the household and kitchen furniture, and the old sorrell horse, brown mare, and sorrel mare called Cate; also all the farming utensils after excepting the wagon and hind gears, and her choice of three of the milk cows, and her choice of ten sheep, and her choice of 20 hogs.  The remainder of the cattle, sheep and hogs are to be left in her care and she is to give them out as nearly equal to the children when they may stand in need of them as she can.

To OLDEST daughter EMMA RILEY and her lawful issue, if any, the negroes BIDDY,  SOPHA, YOUNG HANNAH, and SPENCER until he shall come of age at which time he is to be set free; if EMMA dies without lawful issue, the negroes are to revert back to the estate and be divided among the surviving heirs equally.  Upon the death of testator's WIFE,  EMMA shall have 1/3 of POLLY and her increase, and also a young mare called FLINT, also one featherbed and furniture which she already has.

To BILLY DICK, as before mentioned, the tract of 125 acres whereon the testator now lives, the negroes OLD HANNAH and her child MARTHA,  BILL, HARNATT, and LET'S oldest child until it comes of age ( at which time it is to be freed.)  If BILLY DICK shall die without lawful issue, the land and negroes are to revert back to estate and be divided equally among surviving heirs. Also, at the death of testator's wife, BILLY DICK to have BEN and CHARITY, subject to the same provisions, also a sorrel horse which as always been called his, also the wagon and hind gears, and all the surveying instruments, all the books, the testator's watch, one rifle, two shotguns, and one featherbed and furniture complete.

To second daughter CATTHA COTTON, the negroes REBECCA, ELIZA, HAGAR, and FRANK (until he comes of age at which time he is to be set free),  with the same provisions as above. Upon testator's WIFES death, CATTHA to have 1/3 of POLLY also, and one featherbed and furniture complete, one riding mare called Betty Saddler.

To third daughter WILLEY JANE COTTON and her lawful issue if any, the negroes SAM, AMERICA, TILDA and LET'S SECOND CHILD until it comes of age at which time it is to be free.  Also one featherbed and furniture complete, and one LOT OF LAND AT THE CROSS PLAINS.

Also, the negroes left to EMMA shall be given up to her at testator's death.  The negroes left to BILLY DICK shall remain on the place and under the control of their mistress until BILLY DICK comes of age, provided his mother remains a widow until that time, and if she does not, the negroes are to be hired out by the executors until BILLY DICK comes of age and BILLY DICK to receive the hire, applying it for his own use.  The negroes left CATTLA shall remain on the place until she is 18 years of age or marries, at which time she shall have her own choice to let them still remain or hire them out for her benefit.  The negroes left WILLEY JANE likewise.

The common stock to be composed of all profits arising from the estate not specifically bequeathed herein, and all the ready money ( somewhere at this time between $1400.00 and $1600.00), and also the tobacco on hand, and the 63 ACRES AT UNCLE JACK'S PLACE, shall be as follows, to-wit, BILLY DICK to draw at testator's death $50.00 in order to furnish him with a saddle and bridle and some clothing which he now stands in need of. CATTHA shall draw in the same manner $130.00 in order to furnish her with a saddle and bridle and making her allotment of negroes equal with the rest of the children, the $30.00 to be paid  her at testator's death and the $100.00 to be put out to interest in good hands until called for. WILLEY JANE shall draw $150.00 which shall be put out to interest in some safe hands until called for, the interest for paying her schooling and furnishing her with a horse, bridle and saddle at 14 years of age, the balance of the value of the common stock to be divided into 1/5th's and given equally to wife and four children, wife and EMMA as soon as the business can be arranged, and the other three children to have their parts put to interest in good hands until they marry or come of age.  If disputes should arise among the heirs, which the testator hopes will not occur, such disputes are to be decided by three impartial and intelligent men, two to be chosen by the disputes each having the choice of one, and the third by these two, and their decision shall be binding.  Appoints WIFE JANE COTTON, WILLIAM SPURR, WILLIAM CURRY and BENJAMIN W. RILEY as executrix and executors.  February 4, 1820. DAVID MORTON, CHARLES CLARK, JEFFERSON CLARK, and JAMES GRIMES, witnesses.
PROBATED APRIL COURT 1820.

pg 190  Inventory of the slaves and personal estate of WILLIAM COTTON, dec'd total of $9,157.37 1/2 , April 18, 1820 by WILLIAM B. SUMMERS, THOMAS FERGUSON and RICHARD EVANS. Recorded May Court 1820.

NOTES:  The Will is on microfilm through the Family History Library, film # ?....I made a very clear copy of it.
also KENTUCKY RECORDS SERIES  FAYETTE CO, KY RECORDS VOL 5  by Michael Cook and Bettie Cummings....1986 Cook Publications.......their extracts are excellent and a quick help to guide you to the originals.
There is additional information in the microfilm of the originals

I believe "UNCLE JACK" is JOHN COTTON will probated April 1818 Fayette Co, KY
He freed the woman LETTY (who most likely be age 21 or over)


Notes:
Many of the slaves directed to be freed in WILLIAM COTTONs will , were from the estate of JOHN COTTON who had directed them to be freed at the age of 21.

Benjamin W. RILEY was the husband of Emma COTTON. Hezekiah M. RILEY is the husband of "Catha" COTTON.  They were cousins....Benj RILEY being the son of Ninion RILEY who d in CLAY
CO, MO.  Hezekiah was the son of James T. RILEY who d in Clay Co, MO.
The RILEY men with their COTTON wives went to MO about 1826.

The WINN were also from LOUDOUN CO, VA,  ....then to FAYETTE CO, KY....and some went to Clay Co, MO.

The name WILLY JANE comes up in my RILEY and SMITH research, it is a common name for their children.

Hezekiah and Catha COTTON RILEY, were grandparents in my line. There daug MARY ANN RILEY md William W. SMITH .  William W. SMITH d 1863 in Clay Co, MO and is buried in Mt. Gilead Cemetery....land that Benj W. RILEY a Baptist minister donated for a church and school.  His wife Mary Ann RILEY SMITH was in Linn Co, OR by 1870.

Catha COTTON RILEY is buried in Mt. Gilead Cem as is her husband Hezekiah M. RILEY....although no tombstone exists for Hezekiah RILEY.

Contributed by: "Diane Y. Smith Royer" dysmithroyer@dtgnet.com