The Will of Tilghman Offutt
Logan Co., Ky. Will Book 1, p. 222
I Tilghman Offutt of Logan County Kentucky, being of sound mind and memory do make and publish and declare the following to be my last will and testament.
I desire the payment of all my just debts.
I will and devise to my wife, Susanah Offutt, all of my house hold and kitchen furniture of all kinds and, descriptions whatever, Also her choice of Waggons except my big Waggon. Also her choice of six cows and calves four head of stock cattle also my Bull. Also six of her choice of work horses and Geer for the same six horse ploughs of two different Sighes also all of my shovel ploughs. Six one horse bar Share ploughs and two Jumpers. Six asses and two pair of Wedges my Carriage and harness. Four sows twenty five Shoats a waggon sheat jack screw fifth chain for meaning all things appertaining to said Waggon. Also thirty head of her choice of Sheep. I also will and desire to her during her natural life seven hundred acres of land including my residence to be in a solid connection and to be laid off in a suitable and convenient form. I also will and desire to her during her natural life time ten negros to be selected by herself with the request that women and children shall not be separated. I also will and desire to her one Third of the dividends arising from my Bank stock and also one Third of the interest of the moneys I have and may have loaned out.
I have heretofore given to my Sons Othias Offutt and Theadore Offutt each their full share of my estate and neither of them is to have any further portion of my estate at my death or at any future time. To my son Theadore I have given a good deal more than his portion of my estate. I will and desire to my son Felix G. Offutt during his natural life the lands on which he lives and the negros I have heretofore put in his possession and at his death said lands and negros are to go and pass to his children and The Survivors of them and the increase of the slaves to go and pass in the same way said land did. Slaves are not to be sold or conveyed by said Felix G. Offutt nor are they to be Subjected to his debts or contracts in any way whatever. The foregoing is all of the estate I intend to give to said Felix G. Offutt having heretofore advanced large sums for him. I will and desire to my daughter Ann McCarty Three Hundred and Eleven acres of land being a part of the connection of land in which I live the boundaries of said 311 acres is given in a Survey made by C.A. Wilson dated the Ist of March 1854 which survey is in my possession. I also will and desire to her a small parcel of ground adjoining the above to straighten and square out her lines. Beginning at a black oak standing in the comer of the field of Wm. McCarty known as the Hughes plantation thence to run a Southeast direction to two black oaks in said McCartys land marked it being the Beginning corner of said 311 acres Tract. I also will and desire to her Eighty acres of land in addition to the above on this side of the linb run my Wilsons as above stated running from line to line parelel with said Wilson's line I will and desire to my son Joseph Offutt one hundred and fifteen acres of my land lying on Tarapin Creek adjoining the lands of said Joseph Offutt to run down the division fence between Beard and myself and so on as to include the 115 acres and John McCartys children bre to be allowed to remove a tobacco house built by Haden if embrased on the lands hereby devised to said Joseph Offutt. (Following two lines unreadable.)
I will and desire to the children of my deceased daughter Eleanor McCarly Three hundred and fifteen acres of Said land on Tarapin Creek adjoining the lands of Thomas Beard and others and adjoining the 115 acres devised to Joseph Offutt.
The Cedar noft is not to be sold and that I wish held and used by my children Jointly for timber that is by all children except Othias, Felix G. and Theodore Offutt.
It is my will and desire that no sale or transfer of my Bank Stock is to be made until the youngist son of my daughter Elizabeth Haden arrives at the age of twenty one years.
All the remainder of my lands in Logan County including the 700 acres devised to my wife I wish sold at the Death of my wife on a credit of one two and three years by my executors. I will and desire to my grandsons the sons of Elizabeth Haden the proceeds of the sale of said 700 acres of land and if William the youngest son of said Haden should prove to be a cripple permanently he is to have one half of the estate devised to the three jointly and the other two are to have the other half.
I will and desire to my daughter Ann McCarty one equal portion of my Bank Stock cash Cash notes and personal property of all Kinds (Slaves excepted). I will and desire to my son Joseph Offutt one equal portion of the same.
To the children of my daughter Eleanor McCarley Jointly one equal portion. To my daughter Amanda Townsend one equal portion. To my three Haden grandsons Jointly one-portion and if said William should prove to be a cripple as aforesaid he is to have one half of said portion and the other two boys the other half of said portion. The Bank Stock of the said Hadens to be undivided until the youngest of them arrives at the age of twenty one years. The personal property to said Hadens I wish sold publickly or privately by my executors as they may deem best and that no division of the property of said children take place until the youngest of them arrives at the age of twenty one years.
I have heretofore placed in the possession of my son Jos Offutt one boy Elijah and in the possession of my daughter Ellen McCarley one boy Alfred and in the possession of my daughter Amanda Townsend a woman Lydia and her two children. It is my will that at the valuation of my Slaves the above named negros be valued and kept by those in whose possession they are at their respective valuations the share of Ellen McCarley goes to her children. Before the general division of my slaves I will and desire to the children of My daughter E. Haden two negros such as the one above given to the children of Ellen McCarley. I will and desire to my daughter Ann McCarty one share of my slaves with their future increases including the slaves deemed to my wife after her death. I will and desire to the children of my daughter Ellen McCarley one share of the same Jointly. To my daughter Amanda Townsend one share of the same. To my son Joseph Offutt one share of the same. To the children of my daughter Elizabeth Haden (rest of line unreadable).
The property given to my Haden grand children is not to go into the hands of or be controlled by their father Thomas Haden in any way or manner whatever, and if either of said children shall die without child or children his share of my estate is to go in to his brothers or brother who may survive and if they all die without child or - children their portion of my estate is to return to my estate and be divided among my other children as my slaves are directed to be divided.
I hereby appoint my son Joseph Offutt and my son in law William McCarley Executors of this my last will and testament as also as guardians for my grandchildren the said children of E. Haden, dec. I request that no security shall be required of said Executors and guardians aforesaid by the Logan County Court or either of them who may act.
I hereby revoke all former wills b me made.
Intestimony of the foregoing I hereto set my name and affix my seal this lst day of November 1856.
Witnesses Tilm Offutt
M.B. Morton
Annie M. Bowden
J.H.Bowden
Codicil to the last will and testament of Tilghman Offutt said Will bears date the lst day of November 1856.
It is my will and desire that the Three Hundred and fifteen acres of my land deceased in my will to the children of my deceased daughter Eleanor McCarley on Tarapin Creek adjoining Thos Baird and others go and pass to my son Joseph Offutt save the portion that lies on the South side of the road leading from Russellville to Franklin near the mill pond and adjoining the lot of title Spring meeting house which is hereby given to school Trustees that may be appointed for the purpose of a School as long as it may be used and needed for that purpose but whenever it is done with for a school to revert back to and the title thereof revert in said Joseph Offutt. I will and desire to the children of my deceased daughter Eleanor McCarley Three Hundred and fifteen acres of land to begin on a stone corner between Harding Evans and myself to take off 18 rods of the land devised to my daughter Amanda Townsend on the Creek including the spring.
I will and devise to my daughter Amanda Townsend the same quantity of land lying near to the Scottsville road that I have taken off of the tract for the children of my daughter Ellen McCarley. I will and desire to my wife Susan Offutt one horse in addition to the Six Horses heretofore willed to her. I have heretofore stated that I have given to my sons Othias Offutt, Felix G. Offutt, and Theadore Offutt each their full share and portion of my estate and more than their shares. I now repeat the same and shall not give to them any further.
Witness my hand and seal this 13th day of February 1858.
Witnesses Tilm Offutt
MB Morton
Nannie M. Bowden
J. H. Bowden
Codicil 2nd. I will and desire to my daughter Ann McCarley all of the Myers tract of land that I own and devise to her of Eighty acres of land in my original will is hereby revoked and set a side.
Witnesses Tilm Offutt
Witnesses
M.B. Morton
J.H. Bowden
Nannie M. Bowden
Codicil 3rd to the will of T. Offutt I wish Woman Jinsey and children devised to the Haden children to remain with my wife so long as she continues to keep the said Haden children with her the division of Said Negro is not to take place till the youngest child becomes of age which is William 0. Haden
Witness my hand this 5 day of March 1859.
Witnesses Tilm Offutt
M.B. Morton (X is marked)
R. W. Beauchamp
Codicil 4th to the will and testament of Tilm Offutt. All the timber land I own in the grove not heretofore disposed of I will and devise to the children of my daughter E. Haden, Dec. Jackson Williams who married a daughter of John MCCearly my granddaughter is to have no interest or control over the negros which may go and pass to the children of my deceased daughter Eleanor MCCearly. As a part of the share of my estate going to my grand son Tilman McCearly son of John McCearly I hereby will to him a negro boy named Alfred to be taken at Valuation. Witness my hand seal this 24th day of August 1861.
Witnesses Tilm Offutt
MB. Morton
Nannie Bowden
At a called court held for Logan County at the court house in Russellville, Ky. on the 3rd day of April, 1862, the written last will and testament of Tilghman Offutt deceased was produced in court and proven by M.B. Morton, Nannie M. Bowden and J.H. Bowden subscribing witnesses thereto to be the act and deed and last will and a codicil to the paper above described bearing the date 15 day of February, 1858 was proven as before stated by the oath of M.B. Morton, Nannie M. Bowden. And a paper purporting to be a codicil to the paper above described bearing date the 5th day of March 1859 was proven as before stated by the oath of MB. Morton and R. A. Beauchamp and a paper bearing date the 27th day of December 1861 purporting to be a codicil to the paper above described was proven as before stated by the oaths of M.B. Morton and Nannie M. Bowden. Wherefore it is ordered by the court that the paper bearing date the lst day of November 1856 is the act and deed and last will and testament of said Tilghman Offutt deceased.
And that the papers dated as follows 13th of February 1858 March 5 1859 and 27th day of December 1861 are codicils to said last will and testament of said Tilghman Offutt deceased and said will and Codicils are ordered to be recorded Thereinfrom said will and codicils togeather with this certificate hath this day been duly admitted to record in my office.
Given under my hand this 10th day of
April 1862
James E. Wright Clerk of the Logan County
Court
The above information was transcribed from the hand written will and testament of Tilghman Offutt. Some of the names of the daughters were spelled differently each time which may have added some confusion to the reader.
Also the Will was transcribed as it was written. Apparently they did not use periods or commas in their writing. Some of the words were misspelled and were left as they were originally written.
This information was provided by Mrs. Floyd Williams who is an employee in the County Clerks Office, Russellville, Logan Co., KY.
Following the will was a list of slaves sold as instructed by the will. The list is much too lengthy to transcribe here but approximately 74 slaves were sold for around 25,000 dollars.
Transcribed 3 June 1978 by Gerald Roger Snow, gr-gr-gr-grandson of Tilghman Offutt.