Notes for Charles S. Morehead
!information from Web site at:
Charles Morehead (1762-1828) served as sergeant in Lee's famous legion of
Virginia troops, and was at the surrender of Yorktown. He was born in Fauquier
Co., Va.; died in Logan Co., Ky.
!Will of Charles Morehead, Will Book D, Page 175, Logan County Clerk's office, Russellville, Kentucky:
In the name of God Amen: I, Charles Morehead, of the County of Logan and State of KY, being of a sound mind do make this my last Will and testament, that is to say I give my Soul to God who gave it, hoping at the Resurrection to be raised again through the merits and atonement of the Lord Jesus Christ. As to my body I desire to be interred at the discretaion of my Executors hereinafter named and I do hereby revoke and annull all former Wills heretofore made. As to my worldly goods which it has pleased God to give me, I dispose of them as follows: to-wit:
Item First: It is my will that all my just debts be paid in manner hereafter to be named.
Item Second: My will and desire is that my Son, Charles, should lay off one hundred and fifty acres on the South end of my connection of land and sell the same in conjunction with fifty one acres and a half purchased by me of Rankin, being part of the Fairbushed tract, for the best price he can get and apply the proceeds to the payment of whatever sum I may owe for said liberty to purchase the same himself, provided he will give more than anyone else or he may at his discretion not sell said land before mentioned, provided he takes upon himself the payment of what may be due for said fifty one and one half acres. In case the same land is sold for more than will bring the debt aforementioned, the surplus is to belong to said Charles, and in case it does not bring as much as will pay said debt, then my Executor is directed to pay up any deficiency from the rest of my estate in his hands as the said Charles is hereby fully impowered to convey said land, the legal title to be invested in him for that purpose. All the balance of my land I give and bequeath to my son Charles to him and his heirs forever.
I also give to my said son, Charles, my riding horse which I purchased of James T. Morehead. A sorrell.
Item Third: I give and bequeath to my daughter Elvira Piper, my negro man Edenborough, his wife Fannie and her children, Daniel, Spencer, and Sarah, with their future increase, also my young sorrel mare, to her and her heirs forever.
Item Four: I give my granddaughter, Elvira Piper, my negro boy, Crittenden, but it is my will and desire that should my granddaughter Elvira Piper die before she arrives to the age of twenty-one years and leaves no heirs, then in that case it is my will that the said negro boy shall return and become a part of my estate.
Item Five: To my granddaughter, Mary Murel, I give and bequeath my negro boy Pardon and my negro girl Lucky and her future increase, also one bed and the necessary clothing thereunto belonging, but it is my will and desire that should my said granddaughter Mary Murel die before she arrives to the age of twenty-one years and leaves no heir, then and in that case it is my will and desire that the property now left to my said granddaughter shall return and become part of my estate. I also give my said granddaughter fifty dollars which her father owes me.
Item Sixth: I give and bequeath to my grandchildren Margaret Wintersmith, Richard Wintersmith and Elvira Wintersmith, one hundred and fifty dollars at the death of my wife over and above what may be their equal portion as hereinafter mentioned.
Item Seventh: I give and bequeath to my daughter, Margaret Ward, my negro boy John, which boy she has now in possession on loan; also my negro boy Tilford, to her and her heirs forever.
Item Eighth: To my daughter, Harriet Briggs, I give and bequeath my negro woman Dian, my negro boy Henry, which negroes she has now in possession, and my negro girl Lemima, with their future increase, to her and hers forever.
Item Nine: I give and bequeath to my daughter, Elvira Curd, Two Hundred dollars to be paid by my Executor out of the proceeds of my estate in annual installments.
Item Tenth: I give to my beloved wife Margaret, during her natural life, the use of my negro men Harry, Cypus and Jim, my negro boy Robbin, my negro women Eve, Sicily, and Leanner, and my girl Minena. Also, the farm which I have devised to my son Charles provided she shall choose to live on it, with all such of my household and kitchen furniture, carriage horses, cattle, sheep and hogs, wagon & gear, and farming utensils of every description which she may want and at her death, it is my will and desire that all property of whatever kind whatsoever found except such as is already given off, may be equally divided between my children, except my son Charles and the legal representatives of such as may be dead or have heretofore died. But it is my will and desire that the portion which may be coming to my daughter Elvira may be vested in my son Charles, as Trustee who is to hold the same for her use and benefit during her life and at her death to belong to her children and representatives.
Item Eleventh: It is my desire and wish that all the property I may own, not hereby disposed and also such of the household furniture, cattle, etc. which my wife may not want, may be sold by my Executor at his discretion. It is further my will and desire that my daughter Margaret, shall have my negro girl America and I desire that my negro woman Sicily devised to my wife and her youngest child may be sold by my Executor, if necessary, he giving William Warder the preference of purchasing and in case it is not necessary for her to be sold and my wife is unwilling to part with her, I desire that the negro girl America before mentioned, remain also with my wife until her death and then to go to my daughter Margaret, as before directed.
Item Twelve: It is my will and desire that all the money that may be in my house at my death together with all debts due me, bond , note or open accounts, may be applied and appropriated by my Executor to be named, to the payment of my just debts and whatever there may be remaining it is my will and desire may be equally divided between my children and their legal representatives or the legal representatives of those that ar Dec'd, except my son Charles.
Lastly: I hereby appoint my son Charles Morehead Executor of this my last will and testament. In testimony whreof I have set my hand and affixed my seal this 2nd day of Oct. 1828.
In the presence of Gab Lewis. William Northern
Note that on the fourth page part of the fifteenth line, sixteenth, seventeenth, eighteenth, nineteenth and part of the twentieth line erased before signing.
Attest: Gab Lewis. William Northern
Logan County. At the County Court begun and held for Logan County at the Court house in Russellville on the 2nd day with the note of memorandum threto attached of Chas. Morehead, Dec'd. was exhibited in open Court and proven by the oaths of Gab Lewis and William Northern subscribing witnesses thereto approved and confirmed by the Court and ordered to be recorded which is done accordingly. Given under my hand the date above.
Note: the will lists two Elviras, Elvira Piper, and Elvira Curd. I don't know which is correct or if Elvira's middle name was Piper or Curd.
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