The Last Wills and Testaments of:
Daniel Owsley, 1831
Ebsworth Owsley, 1849
Samuel Owsley, 1851
Henry Hawkins Owsley, 1864
Mary Owsley, 1882
The Last Will and Testament of Daniel Owsley, of
transcribed by Ronny O. Bodine and published in the March 1991 OFHS Newsletter
I Daniel Owsley of the county of Lincoln in the state of Kentucky being sound of mind and realizing the time of my departure not far distant and uncertain do make and constitute this my last will and testament disannulling all others waiving formality and unnecessary ceremonies do give and bequeath the remains if my small estate in manner and form as follows & to wit,
Whereas William Pearl has given and bequeathed to his Daughter Nancy (who is my wife) a sufficient and good support out of his estate I do also give and bequeath to her during natural life one negro woman named Milly and one horse and saddle which woman and increase (if any) at the death of my wife Nancy is to return to my heirs Viz, Hanse and Holland also the horse and saddle. I also give and bequeath to my son Hanse Ousley all my lands Town lots etc that I own in this state except a Tract I own lying on Texas Creek in Rockcastle County (which excepted Tract I give and bequeath to the children of my Daughter Holland Stephenson). I also give and bequeath to my son Hanse P. Owsley one negro boy named John one boy named Peter and one negro woman named [no name] with their increase forever also my Clock one Sauce Spoon and Three Table Spoons being part of a sett he now has in possession. Also all my mills and Stills with all their appurtenances also my Black Smith Carpenters and Copers Tools part of which he now has in possession also my "Rifle Gun" also my shaving instruments. It is my will that my son Hans take charge of and afford to my unfortunate son Levy a necessary and comfortable support during his natural life.
I also also give and bequeath to my Daughter Elizabeth Burnett The Money and property she has already received also one Negro girl named Mary during her natural life but if she should die without issue then the girl Mary with increase is to be given to my grandson (Daniel) son of H. P. Owsley also one horse. I do also give and bequeath to my Daughter Holland Stephenson The property and money she has received and at my death all the balance of my property is to be sold (subject to the direction of my son Hans) and the proceeds to be equally divided between himself and Holland Stephenson Hance reserving out of the proceeds of the sale what may necessary for the support of two old negros named Jane and Ruth. Also I do give and bequeath to Hanse my family carriage. I also give and bequeath to John Williams Esqr. Theological Dictionary and to James Burnet Brooks' Dictionary of the Bible. Lastly I appoint my son Hans P. Ousley my Executor and wish him not to be _____ to security. Given under my hand this day and date above.
Attest Daniel Ousley (Seal)
Thomas Hansford Jr.
The foregoing will was admitted to probate on
NOTE: Daniel Owsley (1765-1835) was the son of Thomas Owsley and Mary (Middleton) Owsley.
filed for probate
transcribed by Ronny O. Bodine and published in the September 1995 OFHS Newsletter
I Ebsworth Ousley of the County of Lewis and State of Missouri being about to Emigrate to California and knowing the uncertainty of life do constitute and make this my last will and testament.
1st. I will and bequeath that all my just debts shall be paid.
2ndly. I will and bequeath to Dear wife Frances Ousley The one third part of all I possess.
3dly. I will and bequeath to my sons Isaac B. Ously Walter W. Ously John H. Ously William P. Ously the sum of five dollars Each separately they having been provided for.
4th. To my Daughters Elizabeth Sutton and Mary Ellen Bryant I will and bequeath the sum of five dollars Each.
5th. I will and bequeath to my son Asher B. Ously the one half of all that I had before any Deduction for the fulfillment of the above bequests to my Daughters Martha Susan Gregory & Harrit B. Ously I will and bequeath all that remain of my Estate.
6th. I will and bequeath that my son Asher B. Ously be Executor of this my last will and testament and that I will that no security be required of him or bond believing he will do right in the promises. In testimony whereof I have hereunto set my hand Seal this
Witness Ebsworth Ously (Seal)
W. B. Martin
Atho G. McClain
I Ebsworth Ously of the County of Lewis do make this Codicile to my last will and testament as follows: Shall I die in California before returning to the State of Missouri I will and bequeath that what I may make in the Gold Mining business be Equally divided between John H. Ously and Asher B. Ously my sons who I have confidence to believe will act ______ with their sisters if any thing of importance is made.
Witness Ebsworth Ously (Seal)
W. B. Martin
Atho. G. McClain
Note: Ebsworth Owsley (1782-1850) died
transcribed by Ronny O. Bodine and published in the June 1996 OFHS Newsletter
In the name of God Amen. I Samuel Owsley of
I devise at my death to be buried in a Christian manner & the expenses paid out of my estate. My will is that my just debts be paid by my Executors & all proper charges against my estate as soon as convenient after my death.
My further will is that all the ___ & residue of my estate real personal and mined be divided between my wife Eliza Owsley and my son John Samuel Owsley but this gift to my wife depends upon her continuing to live a widow untill her death if she Marries she is then to have dower in my Estate with half the profits of my estate from my death to the time of her marriage. I wish my property kept together as in my lifetime & not sold or divided except at the discrition of my Executors or the marriage of my wife as before provided for and my Executors in the event of their selling & disposing of any of my estate may vest the proceeds thereof in any other property either real or personal or may put the money at interest or use it otherwise as their Judgement may be but for the interest of my estate and its proper management I wish my son to be well educated & my Executors hereafter named are made Guardians for him until he is twenty one years old & they are requested to see to his education Putting him to proper institutions of learning for that purpose. My executors hereafter named will make proper titles to such of my estate as they may sell and as soon after my death as may be convenient they will make out and file in the proper court an Inventory of all my estate both real & personal.
I do hereby constitute & appoint Samuel O. Middleton & my wife Eliza Owsley Executor & executrix of this my last will & testament. In testimony whereof I have hereunto set my hand and seal this 24th day of July 1851.
Witness Samuel Owsley (seal)
Kentucky Lincoln County Court
At a county court held for
Whereupon it is ordered that the said writing be established as the last will & Testament of said Samuel Owsley & that the same be recorded in the clerk's office of the Lincoln County Court. An[d] on the motion of Samuel O. Middleton, who is named as Executor in the last will & testament of Samuel Owsley decd.
Ordered that Letters Testamentary be granted him upon the estate of the said Samuel Owsley decd upon his executing bond in the penalty of Twenty thousand dollars conditioned as the case directs who tendered as his security Harrison Porter & James B. Vaughan which were approved by the Court who thereupon made oath and executed bond in the Penalty aforesaid.
Thereupon ordered that a certificate be granted him for obtaining probate of said will & Letters testamentary in due form of law. In testimony whereof and that the said will hath been duly recorded in my office I have hereunto subscribed my name as clerk of said court this 3rd of November 1851.
Champs Carter Clerk
Lincoln County Court
Note: Samuel Owsley (1778-1851) was the son of William Owsley (1749-1819) and grandson of Thomas and Mary (Middleton) Owsley.
Transcribed by Ronny O. Bodine and published in the March 1998 OFHS Newsletter
I Henry Owsley of the Town of Lincoln County of Logan and State of Illinois being of sound mind and disposing memory do make publish and declare this my last will & testament hereby revoking all other and former wills made or published by me that is to say,
First, I will the payment of all my just debts and funeral expenses.
Second, It is my will and desire to make ample provisions for my beloved wife Mary and my two daughters Catharine F. Owsley and Elvira Davison: and to this end I devise to my Son John E. Owsley his heirs and assigns the homestead and mansion house which I now own and occupy in the Town of Lincoln with all its appurtenances: To have and to hold the same to him and his heirs and assigns upon the following trusts to wit: In trust for the use and occupation of my said wife Mary during her natural life: and at her decease for the use and occupation of my said two daughters Catharine and Elvira jointly as long as they may remain unmarried: or in case of the death or marriage of either of them to the sole use and occupation of the other so long as she may remain unmarried: and at the decease of my said wife and of my said two daughters or the decease of either of them the other being married to sell the same and to divide the proceeds among my surviving daughters, it being my will also that in case any of the others of my daughters should become widows or should become in such circumstances that they may desire to make their home with my wife and my two daughters above mentioned while my wife or my said daughters or either of them shall continue to occupy said Homestead under this will: that they have the privilege of so doing & it is still further provided that if after the decease of my wife my said two daughters or either of them (the other being married) or the survivor of them shall not wish to occupy said homestead any longer she or they may thereupon if she or they choose execute to the said trustee his heirs or assigns a deed of Relinguishment of the estate so held in trust for her or them as aforesaid: whereupon the said trustee shall sell the said Homestead and divide the proceeds equally among all my daughters and in _____ to such sale of said Homestead as may be made under this clause of my will and the conveyance thereof I hereby intrust the said Trustee with full power and authority to sell the same at private or public sale for cash or upon credit at his option.
Third: I give and bequeath to my wife Mary as her absolute property all the Household and Kitchen furniture & every kind & description belonging to me.
Fourth, I devise to my said son John E. Owsley Nine Thousand Dollars ($9000.00) in value of the stock now owned by me in the institution known as the Springfield Marine and Fire Insurance Company the number of shares making that amount to be determined by the current value if said stock at the time of said my decease, in trust. However, to hold the same for the sole use benefit & enjoyment of my said wife Mary during her natural life; paying over the interest to her semi annually as it accruse thereon for her support and maintenance the same to revert to and be distributed equally among all my daughters (subject However to the provisions hereinafter contained) upon the decease of my said wife.
Fifth, In case that at my Decease I shall not own stock in said institution of the value of Nine Thousand Dollars by reason of having sold the same or any part thereof or by reason of depreciation in its value or from any other cause it is my will that the said Trustee shall without delay sell the said stock for cash at private of Public sale as he may deem most advantegous: and that my executors shall thereupon pay over to the said Trustee such a sum of money as being added to the proceeds of said sale of said stock will make an amount equal to Ten Thousand Dollars ($10000.00): and that said Trustee shall thereupon reinvest the same in other stocks or securities yielding not less than six percent per annum or loan it out on good security at not less than said rates: and shall pay over the interest accruing on said investment semi annually to my said wife Mary for her sole use and benefit during her natural life the said sum of money upon her decease to pay and revert in the same manner as specified in the fourth clause of the will.
Sixth, I devise to my said son John E. Owsley, Five Thousand Dollars in value of the stock now or hereafter owned by me in the said Springfield Marine & Fire Insurance Company the number of shares making that amount to be determined by the current value of said stock at my decease in Trust However, To hold the same for the sole use benefit & enjoyment of my daughter Catharine F. Owsley during her natural life, paying over the interest to her semiannually as it accrues for the support and maintenance: and upon her decease the said stock to pass to & become the absolute property of her issue is any she have: but in case she shall die without issue living then it is my will that the same shall revert to and be distributed among all my surviving children equally (subject However to the condition hereinafter contained).
Seventh, In case that at my decease, I shall not from any cause own stock in the above mentioned institution of the value of Five Thousand Dollars after making the provision hereinbefore in the fourth clause of my will specified for the benefit of my wife it is my will that my said daughter Catharine shall have her election whether she will take the residue of said stock (after deducting the amount hereinbefore devised in trust for my wife) and such a sum of monies as added to the value of the same will make an amount equal in value to Five Thousand Dollars or whether she will have said stock sold by the said Trustee and in addition to the proceeds of such sale will take such a sum of money as added thereto will make an amount equal in value to Six Thousand Dollars ($6000.00) (said election to be made within six months after my decease or in case of her failure to elect her said Trustee to elect for her): and that upon such election pay over to the said Trustee such a sum of money as will make up the amount of Five Thousand Dollars in case she should elect to retain the stock aforesaid: or as will make up the amount of six Thousand Dollars in case she should elect to have said stock sold: and that the Trustee invest the money so paid over to him by my said executors together with the proceeds issuing from the sale of said stock (in case the same shall be sold) in other stocks or securities yielding not less than six per cent per annum or to loan it out on good security at not less than said rates and pay over the interest accruing on said investment semi annually to my said daughter Catharine for her sole use and benefit, the said sum of money at her decease to pass and revert in the same manner as is provided in the Sixth clause of my will.
Eighth, It is provided that in reference to the sale or sales of any of said Stock to be made under the foregoing provisions of my will that the said trustee shall have full power and authority to sell the same at public or private sale as he may deem most advantageous and to pass the title thereto in a full and ample manner as I myself could do if living, and further it is provided that in case at any time said Marine & Fire Insurance Company should fail or become in such embarrassed condition as to create a strong probability of failure or the interest accruing on the same should become reduced to such a rate as to satisfy the said Trustee that the proceed of the stock so held in trust by him for my said wife and daughter could be invested to a better advantage in other safe and permanent stocks or securities the said Trustee may sell the same with the like discretion as hereinbefore granted & reinvest the proceeds in such other stocks and securities and trusts hereinbefore declared.
Ninth, I give and bequeath to my said daughter Catharine F. Owsley One Thousand Dollars to be at her entire and absolute control and disposal.
Tenth, It is my will that the several bequests & devises hereinbefore contained to my wife and my said daughter Catharine shall be taken and continue to mean & be in lieu of Dower to my said wife and in lieu of any other provision herein to my said daughter Catharine anything hereinafter contained to the contrary notwithstanding.
Eleventh, I give and desire the lands which upon the division of my real estate among my children I set apart and convey to my son John F. Owsley and which he has since or may have before my decease reconveyed to me to his eldest daughter Carrie Owsley her heirs and assigns forever.
Twelfth, I will that the residue of my estate shall be converted into money by my said Executors as soon as the same can conveniently be done and the proceeds thereof divided between my children Harriet B. Jordan, Agnes J. Howell, Martha S. Cook, Amanda C. Wilson, Ann M. Sims, Elvira Davison and Ella W. Brainard (subject to the conditions and provisions hereinafter contained) in the manner following to wit: I desire that my said daughters shall all first be made equal with each other in respect of the advancement heretofore made by me to them respectively (and of which I have made charges against them on my books reference to which shall be had in ascertaining the respective amounts): then allowing to my said daughter Harriet B. Jordan out of the residue the sum of Fifteen Hundred Dollars $1500.00: and after that is deducted dividing the remainder equally among my said daughters Harriett, Agnes, Martha, Amanda, Ann, Elvira & Ella.
Thirteenth, I will that in the event of the death of any one of my children bearing a child or children living that such child or children shall take, subject to the provisions of this will, the part of the deceased parent.
Fourteenth, I further will that if any of my daughters should die without child or children living or descendants of a child: [following deleted: or should die bearing a child or children living who shall die before arriving at the age of Twenty-one without a child or children living] that then the estate hereby bequeathed to such shall in that event pass to and be distributed among all of my surviving children (except my daughter Catharine) with the same rights to the children of such of them as may be deceased as is provided in the 13th clause of this will.
Fifteenth, I further direct that the portions which I have in this will bequeathed to my daughter (except the portion bequeathed to my said daughter Catharine in the 9th clause of this will) shall be held in trust for them my said daughters for life respectively and at their death shall pass and become the absolute property of their children respectively or if any of them shall die leaving no children or descendants of children the portion of such shall descend to and become the property of her or their surviving brother and sisters and the child or children of such as may then be deceased and to this end I direct that the said Trustee of my wife and daughter Catharine upon the decease of my wife continue to hold the Trust Estate which she may take under this will for the use and benefit of my said daughters as mentioned in the fourth and fifth clauses of my will during their natural lives free and independent of their several husbands: paying over the profits and benefits as it accruse on the same of them and further that he make the same disposition of the Estate which may revert to my said daughters in case of the death of my said daughter Catharine without issue as provided in the sixth & seventh clause of my will and also of the distributive shares of the procees of any sale or sales of the homestead which may be made under & by virtue of the second clause of my will and also of the distributive shares accruing to my daughters under & by virtue of the Twenfth clause of my will: it being my direction that when my executors shall have ascertained the amount respectively falling due to my said daughters under and by virtue of said section Twelve, That she pay the said several amounts over to said Trustee for that purpose.
Sixteenth, I further direct that the said Trustee may by Will or deed convey any or all of the Trusts hereby vested in him to any one or more persons he shall select subject to all the provisions of this will and upon such appointments by Will or deed such delegate or substitute Trustee or Trustees shall possess and be clothed with all the powers hereby conferred upon the Trustee herein named over his or their respective Trust or Trusts.
Seventeenth, It is my will that my Executrix shall have full power [deleted: and authority] to sell and assign or to collect or compound and to settle at discretion any one or all of the debts due me and execute proper instruments acquittance releases and receipts in the premises the said Executrix to be held responsible only for such sum or sums of money as she may actually receive, and should any controversy arise touching the title to property: or in reference to any debt or any matter in which my estate may be interested my said Executrix without going to law is authorized to compromise compound or settle it according to her discretion in as full and ample manner as I if living could do in proper person & further it is my will that in reference to the sale or sales of any of the property real or personal of which I may die seized necessary or proper to be made by my said Executrix in order to carry out the provisions of this will that my said Executrix shall be vested with full power authority & discretion and shall make such sale or sales either publis or private for cash or credit at her option, and she in reference to such sale or sales and the conveyance of the said property is vested with all the rights and powers which I myself possess. The powers hereby granted shall extend to property to which I may have the equitable title and as to such property if my executrix shall deem it proper - it is my will & desire that the legal title be made to her and that she hold the same interest to be sold as aforesaid.
Eighteenth, It is my will in the event of the death of my executrix before my estate shall be fully settled that the person who may be appointed to administer upon my estate with this will annexed shall have only the powers & authority conferred by law upon other Administration touching the sale of any of my estate for any of the purposes or objects named in my will, or touching any other matter or thing, and that he be required to give satisfactory bonds with good security for the faithful Administration of my Estate hereunder.
Lastly, I hereby appoint and constitute my wife Mary Owsley sole Executrix of this my last will and testament, and I will and direct that she shall not be _____ to give and security as security of this my will,
In witness of all of which I have hereunto set my hand and seal at Lincoln this Sixteenth (16) day of February in the year of our Lord One Thousand Eight Hundred & Sixty-four having first caused to stricken _____ herefrom all the words accruing after the word "child" in the fourteenth clause of this will down to the word that in the seventh line of the fourteenth clause of this will.
Henry Owsley (SEAL)
The above instrument was on the Sixteenth day of February in the year of our Lord One Thousand Eighteen Hundred and Sixty-four signed sealed published and declared by the said Henry Owsley as and for his last will and testament in his presence and in the presence of each other have subscribed our names as witnessed hereto on this 16th day of February AD 1864.
Joseph C. Webster residing at
John J. Jenkins residing at
William McGalliard residing at
I do solemley swear that this writing contains the true last will and testament of the within named Henry Owsley deceased so fas as I know or believe and that I will well and truly execute the same by paying first the debts and then the legacies mentioned therein as far as his goods and chattels thereunto extend and the law charge me and that I will make a perfect Inventory of all such goods and chattels rights & credits as may come to my hands or knowledge, belonging to the estate of the estate of the said deceased and render a fair & just account of my Executrixship when thereunto required by Law to the best of my knowledge & ability so help me God.
Subscribed & sworn to before
Mary Owsley me this 20th day of September
A.D. 1867, John J. Jenkins, Clerk.
[Hereinafter follows the bond posted by Mary Owsley in the sum of $80,000.00, on
State of Illinois
The People of the State of Illinois
To all to Whom these Presents Shall come Greeting, Know ye that Whereas Henry Owsley late of the County of Logan and State of Illinois died on or about the 11th day of September 1867 and having as it is said published his last will and testament a copy whereof is hereunder annexed leaving at the time of his death property in this State that may be lost or destroyed or deminished in value if speedy care by not taken of the same and in a manner as it appears that Mary Owsley has been appointed Executrix in and by the said last will and Testament, to execute the same and to the end that the said property may be preserved for those who appear to have a legal right or interest in them and that said will may be executed according to the request of the said testator we do thereby authorize her the said Mary Owsley as such Executrix to collect and secure all and singular the goods and chattels rights and credits which were of the said Henry Owsley at the time of his decease in whosesoever hands or possession the same may be found in this State; and well and truly to perform all such duties as may be enjoined upon her by the said Will so far as these shall be property and in general do and perform all other acts which are now or may hereafter be required of her by law.
Witness John J. Jenkins, Clerk of the County Court in and for the County of Logan at his office in Lincoln this 20th day of September A.D. 1867
John J. Jenkins, Clerk
Note: Henry Hawkins Owsley (1786-1867) was the son of Henry Owsley (1755-1811) and grandson of Thomas and Mary (Middleton) Owsley.
transcribed by Ronny O. Bodine and published in the June 1998 OFHS Newsletter
I Mary Owsley of the City of Lincoln, County of Logan and State of Illinois do make this my last will and testament in manner and form following to wit:
First: It is my will that my funeral expenses and all my just debts be fully paid.
Second: After the payment of such funeral expenses and debts I give and bequeath to my beloved daughter Catharine F. Owsley all the personal property which I may own at the time of my death and which now consists of Four Thousand Dollars due from the Estate of my son John E. Owsley, household and kitchen furniture Horse and buggy and other articles now on the premises upon which I reside Provided that the said Catharine F. Owsley relinquish all her right title and interest in and to the homestead in which I now live and which was left to her use and occupation by the will of her father Henry Owsley to the daughters of the Henry Owsley who may be living at the time of my death. I hereby constitute and appoint said Catharine F. Owsley Executrix of this my last will and testament revoking and annulling all former wills by me made and ratifying & confirming this and no other to be my last will and testament. It is also my will that my said Executrix be not required to give bond as such Executrix. In witness whereof I the said Mary Owsley have hereunto set my hand and seal this 2nd day of Feby A.D. 1882.
Mary Owsley (Seal)
Signed Sealed published and declared by the said Mary Owsley as and for her last will and testament in presence of us, who in her presence and in the presence of each other and at her request, have subscribed our names as witnesses thereto.
Christopher C. Brown
Benjamin H. Brainard
Note: Mary (Finley) Owsley (1800-1886) was the widow of Henry Hawkins Owsley (1786-1867).