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Black Family WILLS It is further my will and desire that my negro man Peter divided between my children as follows, Charles Back, John shall and hereby given my razor and shaving tools except Back, Thomas W. Back, Patience Cooper, Elender Loyd, my hone that I give to my son Thomas Back. In testimony Elizabeth Higginbotham and it further my will that my two whereof I have subscribed my name and affixed my seal on grand daughters Elizabeth Andrew and Sally Cooper shall the 18th day of December eighteen hundred and thirty jointly have one share of my money equally with my own nine. ?­ children above named the foregoing I mean to include all Samuel Rector Jacob Back SEAL money on hand and all money which may be coming to me William BramJl1er and it is to be divided after my death as soon as it can be Commonwealth of Kentucky Wayne County Court Set. collected provide thaough subject to the following condition, whereas my grand daughter Martha Back claims I, William Simpson, Clerk of the County Court for the a debt against me for her company staying with me for County aforesaid do certify that the foregoing last will and which I don't consider I owe her a cent for. I consider her testament of Jacob Back, deed which appears from the claim unjust and if my said granddaughter Martha Back record of the Wayne County Court to have been proven at should recover anything for her claim that which shy may the January Court 1840 in open court by the oath of recover or any body for lier that which she recovers shall be Samuel Rector and William Brammer subscribing witnesses my son Charles Back portion of the aforesaid money or if thereto has been duly recorded in my office agreeably to an there should be any suit brought against the estate or m~ on order of said county court made pursuant to an act entitled account of the claim, it is my will that my son Charles Back to authorize certain records of the Wayne County Court to shall not have any part of my money but if there is no more be transcribed. Given under my hand this 20 June 1840. said nor done about the Claim forever it is my will that my William Simpson, Clerk son Charles Back shall have a equal share of my money as State of Kentucky before named. County of Wayne 3rd. It is further my will and desire that a mare colt I, Regiel C. Dobbs, Clerk of the County Court for the which I now have and which I raised and all other stock County and State aforesaid do certify that the foregoing which I may die leaving shall go to my da~ghters Sharlotta Will of Jacob Back is a true and correct copy as it appears Ruthy and Polleys children which is my motherly of record in Will Book A Page 69 in my office. (motherless) granddaughters aJ the remains of the property Witness my hand this the 26th day of November 1960. in my husbands will directs. Regiel C. Dobbs, Clerk 4th. It is further my will and desire that my son in law By Zella Anderson D.C. Giles W. Loyd be my executor and that my executor shall have full power to divide the above named money and WILL OF SALLY BACK property as I have directed as near as he can, and it is Wayne County Kentucky, June 29th day 1844 further my will that the County Court do no appoint any appraisers for the property can be divided without, and it Know all men by these presents that I Sally Back of the further my will that the County Court do no require my County and State aforesaid being old and weak in body but said executor to give any security as my executro. of sound mind and disposing memory I do make and Witnesseth that r Sally Back do declare that the declare the following to be my last will and testament, foregoing is my last will and testament by subscribing my hereby revoking all other wills heretofore made by me, name or marke hereto on day and date above named. Given being impowered by my husband Jacob Back in his will to under my hand and seal in the presents of the subscribing dispose of certain things as I pleased, being now of sound witnesses. mind I hereby give and bequeath the things as follows: Thomas Baker her 1st. It is my will and desire that after my death that all Isaac Cooper Sally X Back my close and beds and bed clothing and goods of any kind State of Kentucky mark and all such things which I die leaving shall be equally Wayne County Court Set. divided between my three daughters Patience Cooper Elender Loyd and Elizabeth Higginbotham, and it is further my will that Elizabeth Andrew and Sarah Cooper my two ANDREW EDWARDS, AW Soldier grand daughters shall both of them have one share equal His children - Allied Lines - Charts with my own daughters before named out of my beds and $3.50 Postpaid close and goods before named each of them making one Mrs. M.S. SOMMERFELD share which is to be equally divided between them. 1400 Harberson Ad. 2nd. It is further my will and desire that after my death Baltimore, Maryland 21228 that all my money which I may die leaving may be equally 37 WILLS The following wills were submitted by Mrs. Ruby Markland, 933 South Wolcott, Casper, Wyoming. While we would not usually use two wills in one issue of The Family Tree, these were the wills of Mrs. Mark land's second great grandfather, Jacob Back, and his wife, Sally Back. They seem to belong together. The will of Jacob Back, recorded in June 1840, seems primarily concerned with the parceling out of his slaves (and any children they might have in the future) to his heirs. While we may not agree with Mr. Back, we must bear in mind that such things were common during this time. Today, it seems so cruel as to be inhuman to bequeath to people the lives of other human beings. Mrs. Markland comments that her husband threatened to sever all connections with such a family. Sally Back's will, recorded in 1844, concerns mostly household belongings, along with her desire that an ungrateful granddaughter should not have her reward. WILL OF JACOB BACK I, Jacob Back of the County of Wayne and State of my will and desire and is hereby given to my son Charles Kentucky being old and infirm in body· but of sound mind Back the third child that my negro woman may hereafter and disposing memory and knowing the uncertainty of life have to remain for his use and for the use of his children. and the certainty of death do hereby make and declare the 9th. It is further my will and desire and is hereby given to following to be my last will and testament. 1st I do hereby my two granddaughters Elizabeth Andrews and Sarah appoint, constitute and make my son Charles Back and son Cooper a negro boy named Elisha ab9ut one year old and . in law Giles W. Loyd my executor and desire that they see also the fourth child that my negro woman Dilley may this my last will shall be faithfully and fairly carried into hereafter have to remain for their use and for the use of effect. 2nd. My will and desire is that the whole of my their children. 10th. It is further my will and desire that the estate of which I may die leaving and possessed of both real above named four children that my negro woman may have personal and mixed shall belong and remain for the use and hereafter that the negro woman shall succle the children benefit of beloved wife, Sally dllring her _natural life. It is and keep them til they are six months old and at that age · further my will and desire that my said executor do sell at each of these heirs that is to get them is to take them from publick auction such of my estate except my land and her. 11th. It is further my will and desire that when my negroes as in th~ir opinion might or will be subject to waite negro woman Dilley has these children that whoever of the and loss by keeping and to pay all of my just debts that heirs is to have the child they are to pay the midwife fees may be against me and the rest that may remain to be put and to nurse the negro woman. 12th. It is further my will out on interest and the interest to be applied to the support and desire that after the death of my wife that my daughter of my beloved wife Sally and as much of the principal as Elizabeth Higginbotham is not to hinder the children that may be necessary during her natural life. 3rd. It is my will she may have herafter from going to and belonging to them and desire that my beloved wife Sally shall have the power as heretofore named. 12th. It is further my will and desire to dispose of her clothing and bedding and money as she and is hereby given and bequeathed that if any of the heirs may think proper after my death. 4th. It is further my will that is hereafter named does not get a child of my negro and desire that after the death of my wife that the whole of woman that she is to have hereafter by the negro woman the land estate of which I may die leaving and possessed of not having them or by their desiring that each of the heirs shall be equally divided between my two sons John Back that fail to get one is to have one hundred dollas in money and Thomas W.
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