The First Will in Daviess County, KY

Transcribed from "History of Daviess County, Kentucky: together with sketches of its cities, villages and townships, educational, religion, civil, military, and political history, portraits of prominent persons, biographies of representative citizens, and an outline history of Kentucky". Author: John Quincy Adams, 1883
[Transcribed by: Christina Anthony 2008]

The First Will

"In the name of God, amen!
"This 26th day of August, one thousand eight hundred and fifteen, I, John McFarland, of the County of Daviess, and State of Kentucky, being sick and weak in body, but of sound mind and memory, do make, constitute, ordain and appoint this my last will and testament, in the following manner and form; and --
"First, I order that all my just debts shall be punctually paid by my executors hereafter named.
"Item, I order and devise that my well-beloved wife, Frances McFarland, shall have my negro man Sam, now in possessioin of Abner Lea, and my negro girl by the name of Tilly, one feather-bed and furniture, one horse and saddle, and my riding-chair, and two hundred and fifty dollars in cash, to her and her heirs forever; and I further order that my negro woman, Tabb, and my negro boy Johnston be the property of my said wife during her life, and at her death be equally divided amongst her children.
"Item, I order and devise that my negroes, Toby, Lucy, and child, now in possession of Lewis Odom, shall remain in his possesson until his daughter, Rachel Odom, is eighteen years old; and then I order and devise that my said negro Toby shall be equally divided between Eldred Odom, Patsey Odom and Demcy Odom, to them and their heirs forever.
"Item, I order and devise, when my granddaughter, Rachel Odom, comes to be eighteen years old, she shall then have my negro woman Lucy and child (now in possession of Lewis Odom) to her and her heirs forever.
"Item, I order and devise that my well-beloved daughter, Margaret Odom, have twenty dollars of my estate to her and her heirs forever.
"Item, I order and devise that the County Court of Daviess shall appoint five disinterested persons, any three of them to act, to divide all the residue of my negroes into five equal shares, giving one share to each of my five children, to wit: William McFarland, Leah Glenn, Rachel McFarland, James McFarland and John S. McFarland, putting the negroes that are now in possession of my son William McFarland and son-in-law William Glenn, upon lots by themselves, and add or diminish from the rest to make them equal; and it is my will that my son William and William Glenn have their choice to keep the lot that has the negroes on it that is now in their possession; and if they refuse to take it they shall draw in some equitable way with my other three children as above named.
"And I further order and devise that all the residue of my estate that I have not already given away, both real and personal, be equally divided between my sons and daughters as hereinafter named-William McFarland, James McFarland, John S. McFarland, Leah Glenn and Rachel McFarland, to them and their heirs forever.
"And lastly, I constitute, order and appoint my well-beloved son, William McFarland, and my well-beloved son-in-law, William Glenn, executors to this my last will and testament, and I do hereby revoke and disannul all other wills by me made, ratifying and confirming this only to be my last will and testament.
"In witness whereof I hereunto set my hand and affix my seal the day and year first above written.

"John McFarland, [SEAL.]

"In presence of
Joseph D. McFarland,
T. D. Orsborn."

There is among the archives of the Circuit Court Clerk's office of this county a patent for a grant of 6,000 acres of land, made by and bearing the signature of Patrick Henry, while Governor of Virginia. This patent bears date of 1745. The writing is legible and the paper on which it is written is in a remarkable state of preservation.

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