Have you made a will?
In today’s world it seems a lot more complicated to make a
will than it did “back in the old days.”
Not only that, but today’s wills are so full of legalese and sound so sterile
that it’s not even possible to get the sense of the real person behind the will
anymore.
Wills are legal documents, and as such they have always been
recorded in some book or file in the county where writer of the will died. Aside from usually being fun to read, they
can be helpful in many ways to show us what kind of times and situations our
families lived in. Even a few lines in a
will may have a story – one that we may or may not be able to track down.
-WILL 1-
I think my favorite will of all I have found comes from my
Great-great-grandpa Uberto Wright, who died in 1889 in Barren County,
Kentucky. He was a gentleman farmer, a
surveyor, a Justice of the Peace and a minister in the Christian (Campbellite)
church. His will has an aura of kindness
about it, and I am touched by the message he left at the end.
I have a photocopy of his old will, but the ink has faded to
the point that it is impossible to reproduce it here for you to read. So I’ll transcribe it below:
…And that my wife,
Susan J. Wright, shall have power and
authority at my demise to make such sales
of land and deed by
general warranty, the same to the purchaser or purchasers
to
have the full force of a deed from myself and her jointly, and
any other
small matter that I might or may owe that my wife
pay the same as in her
judgment may be deemed proper.
Uberto sets his will up in a way that treats his wife as an
equal, empowering her to handle the not-unsubstantial estate. Sometimes wives are barely mentioned and not
often given the job of executrix of the will.
Uberto names her as executrix.
Finally, he ends with this:
Now in the 69th
year of my age and on the 15th day of August, 1887, I set my
signature in declaration of this, my true and last will and testament. May
God Bless my family. [Underlining
mine.]
U Wright
I like that a lot.
-WILL 2-
Now Uberto’s dad was named Jacob and he had a will too. From his will we discover a family problem.
Now in this case, Jacob wants his daughter Frances, who is
married to Fielding T. Wade, to have her share of his estate but he doesn’t
want her husband to be able to touch a cent of it! He says he wants Uberto to act as his sister’s
agent “to give, invest or convey her
portion as she may think proper.” He
wants it to stay with “her and her bodily
heirs separate and apart from her husband, and that he shall have no control of
the property.”
One wonders what Fielding has been up to that would cause
this kind of reaction. However, there is
enough to look for in the lives of one’s direct ancestors, so mostly we don’t
do any further research involving more distant relatives. But wills do often signify that all is not
well.
-WILL 3-
Now sometimes there is just a hint of a problem, and sometimes
that hint includes your direct ancestor.
When that happens, the researcher is always inclined to follow the
story.
Abner Hall, a very wealthy Missouri farmer and lawyer, was
my 3rd great-grandfather. He
was born in 1798 in North Carolina. From
his first wife, who died, he had two sons, William and John. He had a much larger family from his second
wife: Caroline, Thomas, Nancy, James,
R.M and Honore. By the time he was old
enough to think of a will, his two older sons were out on their own.
In his will he starts by making bequests to his younger
children. Once he disposes of that, he
makes a bequest to his son John, and then we sense something is going on:
8th. I give and bequeath to William L. Hall ten
dollars and such a sum to be paid him annually as his necessities require or as
my said executor may think proper….
He named son John as executor.
It obviously doesn’t escape William’s mind that he is being
treated differently.
Since John A. Hall was my great-great grandfather I felt I
needed to do some further research.
To make a long story short, William had previously served
time in prison for killing a man – 2nd degree murder it was
called. When he got out (it appears he
was pardoned by the Governor), he went back home, taught school for a few years
and then….
The facts of the case can be found all throughout the
documents on file in the Franklin County, Missouri, Courthouse and in the
newspapers of the time. When Abner lay
dying, his son William tried to hire a man to wipe out the entire family so he
would be the only heir to get his father’s money. The person declined to participate, so
William set out to do it himself. He
first went to the family home where his half-sister Caroline was sitting “death
watch” at her father’s bedside and William shot and killed her, causing Abner’s
death also. Then he set out for my great-great-grandfather
John’s house where he was prepared to kill everyone there. As luck would have it, a posse caught up with
him before he could fire a shot. Martha
Hall had seen him coming and warned her husband to lock up the house and not answer
the door.
The posse captured him, took him to the county jail, and the
next day in a vigilante-style event “unmasked” men marched into the courthouse,
took William outside and lynched him on the spot.
The article I read ended with
“There is no doubt in the minds of many of the best citizens that the victim of
this lynching was insane.”
So wills can tell us the kinds of things that have gone well
and that gone awry in families through the years. I love reading wills but only those that
pertain to my own people. And times
haven’t changed all that much, have they?
-WILL 4-
And finally, I have a lovely will dating from the early
1800s written by widow Susanna Lucas, who parcels out her possessions to her
two daughters and a single son – and gives the son a horse named Leboo! The horse no longer is merely one among many. I laugh, and think that now Leboo is an
immortal horse. I suspect there are very
few wills that tell us the names of the family horses.
I have collected over the years many more wills, but these
are my favorites. Jer and I have wills,
but frankly, they are not very interesting at all. Certainly not like these four above.