Will of Capt. WILLIAM ELLIS (wife - Elizabeth Shipp)
I William Ellis of the County of Fayette and State of Kentucky being weak in body, but sound in mind knowing the uncertainty of life and the certainty of death do make and ordain this my last will and testament in manner and form following viz:
First: I give and bequeath to my daughter Salley Ellis a part of my tract of land which I purchased of Benj. Proctor to contain fifty acres to be laid off as near a square as the nature of the situation will admit of. To begin at my corner with James True running with George Proctor's line until it strikes Benjamin Welche's line so as to include the quantity; also one horse an saddle valued at thirty pounds; sixty pounds cash, one good feather bed and furniture, two cows and calves, four ewes and six pounds cash to be laid out for necessaries for housekeeping. The whole amount estimated at two hundred and sixty-four pounds to her and her heir's lawfully begotten of her body forever.
Second: I give and bequeath unto my son Johnston Ellis one hundred acres of land due me from John Payne of Scott County also one negro boy named Daniel, one horse and saddle worth thirty pounds, one feather bed and furniture, two cows, four ewes, and six pounds, to be laid out as above mentioned. The whole estimated at two hundred and fifty eight pounds to him and his heirs forever, my wish and desire is that if said land given to my son Johnston Ellis should not be gotten or if gotten and should not be worth one hundred and twenty pounds then my executors hereafter mentioned shall make it up one hundred and twenty pounds in money that may be raised by the sale of part of my stock.
Third: I give and bequeath unto my daughter Mildred Ellis one negro lad named Harry, also one negro boy named Ben, one horse and saddle worth thirty pounds, one good feather bed and furniture, two cows and calves, four ewes, six pounds cash to be laid out as above mentioned. The whole estimated to two hundred pounds to her and her heirs lawfully begotten of her body forever.
Fourth: I give and bequeath to my daughter Polley Ellis one negro boy named Winston, one horse and saddle valued at or worth thirty pounds, sixty pounds cash, one feather bed and furniture, two cows and calves, four ewes and six pounds cash to be laid out as above mentioned to her and her heirs lawfully begotten of her body forever.
Fifth: I give and bequeath to my son Lewis Ellis one tract of land which I purchased of James Ellis, being part of Capt. John Ellis's tract of land lying on Strods road adjoining Neal McCann, Thomas Graves and Herndons heirs, containing seventy eight and a half acres, also one horse and saddle worth thirty pounds one good feather bed and furniture, two cows and calves, four ewes and six pounds cash to be laid out as above mentioned. The whole estimated at two hundred and ninety three pounds, ten shillings to him and his heirs forever.
Sixty: I give and bequeath to my daughter Nancy Ellis one negro boy named Jack, also sixty pounds cash, one horse an saddle worth thirty pounds, one bed and furniture, two good cows and calves, four ewes and six pounds cash to be laid out as above mentioned. The whole estimated at two hundred pounds, to her and her heirs lawfully begotten of her body forever.
Seventh: It is my will and desire that three lots in the town of Port William should be sold by my executors and my house, mill and distillery sold or occupied in any manner which should be deemed most profitable to the estate.
Eighth: I lend unto my beloved wife, Elizabeth Ellis,
during her life the land and plantation whereon I now live, also
the following negroes viz: Ishmeal, David, Andrew, Rachel, Wenney,
Mary and Charlotte together with all my household and kitchen
furniture, all the plantation tools also as much of the provisions
as will serve the family till the crop comes in and as much of
the stock as my beloved wife and executors may think proper for
her support. it is also my will and desire that my wife have all
the rents of the land, heir of the negroes till my children marry
or come of age, in order to help to raise and educate my children
out of the profits arising from my estate lent her. My will and
desire is that the beds and furniture and all the stock given
in said legacies above mentioned shall be given out of what I
now have and what my beloved wife may hereafter raise; My will
and desire is that after the death of my beloved wife all the
estate left her should be sold at twelve months credit and after
my children legacies are made equal with my daughter Salley Ellis
then the balance of the money arising from the sale of my estate
to be equally divided between my children viz: Salley Ellis, Johnston
Ellis, Mildred Ellis, Lewis Ellis, Polley Ellis and Nancy Ellis.
Lastly I constitute and appoint my beloved wife, Elizabeth Ellis,
Hezekiah Ellis and Edward Darnaby, executors of this my last will
and testament, revoking all other will or wills whatsoever.
Witness my hand and seal this 28th of August 1802.
Signed & Sealed ) (No signatures on copy)
in presents of )
From Fayette County Ky Records - Vol 4 by Michael L. Cook
Page 63
April 28, 1804
EDWARD DARNABY, HEZEKIAH ELLIS and ELIZABETH ELLIS, executors
named in
the last will of William Ellis, dec'd, took the oaths and entered
into bond with JAMES
PARISH and JAMES EUBANK as their securities in the penal sum of
3,000 pounds. Ordered again recorded, as the former record was
destroyed by fire.
(Note by Paul E. Shipp, Lexington, KY., made this 9th
day of July 1932.
"I personally copied the above from a very old copy of the
WILL of Capt. Wm.
Ellis which was sent to me by Cousin Sallie Ellis, Rfd. 2, Hannibal,
Mo.)
NOTE by MARGARET SHIPP HENLEY - I typed the foregoing
document as it was
spelled and punctuated on the copy that I had from Paul E. Shipp.
Miscellaneous NotesFrom Fayette County, Ky Records - Vol 2 by Michael
L. Cook,
Page 364
P. 441, Indenture, July 14, 1804, WILLIAM SMITH and SALLY
SMITH, his wife of Scott County, to ELIZABETH ELLIS, wife of WILLIAM
ELLIS, dec'd. and all the heirs of said William Ellis, dec'd of
Fayette County, for 125 pounds, 50 acres in Fayette County on
the waters of Boones Creek, being part of the said William Ellis'
tract on which he lived, and the same which was devised by the
said William Ellis, dec'd. to his daughter SALLY ELLIS. SALLY
JOHNSON, MILDRED, POLLEY, LEWIS ELLIS and NANCY ELLIS are named
as heirs of William Ellis to whom this is made, in addition to
Elizabeth Ellis, widow of William Ellis. It is understood that
the tract of land devised to Salley Ellis, now Sally Smith, is
in consideration of the above sum to be returned to the estate
of William Ellis, dec'd, to be divided amongst the said heirs,
with the right of all the advantages accruing from the rents,
etc. to be reserved to said Elizabeth Ellis during her life. JAMES
BLISS, witness. Sally Smith relinquished dower rights. Recorder
July 16, 1804.
NOTE by Margaret SHIPP Henley:
In order to understand the Settlement of the Estate of William
ELLIS as found below, consider the marriage dates of his widow
and children:
The above Sally Smith was the eldest daughter of William Ellis and Elizabeth Shipp. Sally and William Smith were married 15 December 1802.
Elizabeth SHIPP Ellis, widow of William Ellis, married as her second husband Jesse BRYANT on 22 December 1804.
Johnson ELLIS married Obedience Cushenberry 29 November
1807.
Mildred ELLIS married Paul Allen PREWITT 8 December 1806.
William ELLIS died 8 May 1796 at age 3 years.
Polly ELLIS married Dudley SHIPP, her 1st cousin, 14 February
1815.
Lewis Craig ELLIS married Mary Dickerson PARRISH - date not found.
Ann "Nancy" ELLIS married John Thomson 14 February 1817.
Married 2nd Horace COLEMAN 13 January 1825.
Names Abstracted from the Will of JOHN JESSE THOMSON as found in WILL BOOK "T" page 558-559 Fayette Co., KY {John Jesse was the son of Rev. Robert Y. Thomson & Elizabeth Bryant}
This document is very hard to read so I have only copied the first two items and then the names that were in the remainder of the will. If I know the relationship, I have included that in brackets.
I John J. Thomson of the County of Fayettee and state of Kentucky do make and constitute this my last Will and Testament hereby revoking all other Wills heretofore made by me.
First I desire that all my just debts be paid.
Secondly I bequeath One thousand Dollars to my Aunt Mrs. Nancy
Garth in consideration of the Kindness she has always manifested
to me. {Nancy Thomson Garth dau.of Asa Thomson & Dianna Quarles}
The other bequeaths are to:
Cousin Granville Smith {son of Sally Ellis Smith, eldest dau.
of Wm. & Elizabeth Shipp Ellis}
Cousin James K. Thomson (who?)
Cousin Martha Lewis Fishback {dau. of Lewis Craig Ellis, son of
Wm & Elizabeth Shipp Ellis}
Brother Asa T. Thomson for his kindness in coming with me from
Missouri.
Friend Genl. George W. Darnaby {probably an Ellis cousin}
Cousin Richard M. Ellis of New Orleans {son of Johnson Ellis,
grandson of Wm & Elizabeth Shipp Ellis}
Cousin James K. Thomson {is this the same James K. as listed above?}
Father
Books to brothers - not named
Bed clothes to sisters - not named
Appointed George W. Darnaby Executor
Remainder of Estate to Father Robert Y. Thomson
Joel Bryant of Jessamine Co. KY. the portrait of my Grand Father
J. _____ Bryant {Jesse Bryant 2nd husband of Elizabeth Shipp Ellis
and father of their dau. Elizabeth Bryant Thomson} he being the
nephew of said J. _____ Bryant.
Dated 24 August 1852 - a Codicil was dated 26 August 1852 -
Will was proved and recorded 8 November 1852.
I copied this 5 November 1997 at the LDS FHC. This give me an approximate date for John Jesse's death between 26 August and 8 November 1852.
The following are some interesting facts taken from the
Will of Horace COLEMAN, died 18 December 1846, as found in Fayette
County, Kentucky Will Book "R" pages 202-203 as found
at the LDS FHC in Moore, OK.
Will dated 23 June 1846 - Recorded 11 January 1843.
From will:
Item 2. It is my will and desire that so soon after my decease
as the law requires, and the interest of my Estate there shall
be a sale of all my perrishable property except the gold watch
that was my daughters my son Marquis shall have the priveledge
to take it by paying my son Cicero fifty dollars for his half
of said watch, & should he not think proper to take it, Cicero
shall have it by pay Marquis fifty dollars & his Guardian
is to retain it untill he may be a proper age to take it; the
half dozen tea spoons that was given my daughter by her cousin
M.J. Grimes, Marquis is to have, and I give Cicero one half dozen
that I bought to be equal to them that Marquis gets, furthermore
should my books and maps be not likely to sell for their value,
there Guardian will also keep them for my two sons and they can
divide them thereselves or get some friend to do it for them at
a suitiable age.
The last part of Item 7 concerns the ELLIS-SHIPP Graveyard
{located on the Ellis farm which Dudley Shipp bought in 1817 from
the estate of his father-in-law William Ellis}
I hereby don't require my Executor & Guardian to give security,
and as I do not know what amount to pay for his service, I leave
it with the Court. I want him liberally paid, furthermore if there
is objections to myself and family being intered at Mr. Shipp's,
he must provide me at least a place at his family burying ground,
and also the balance of my family if necessary the burying ground
at Mr. Shipp's should it be objected paying by Mr. Bryants Estate,
I will and do subscribe the brick and laying the rock. Having
wrote all this my last will and Testament, with my own pen, I
shall subscribe my name this 23d day of June 1846.
Horace Coleman
14 September 1997 note by Margaret SHIPP Henley:
My main interest in copying this is the part about the Ellis-Shipp
Graveyard. I have visited this farm and at that time there was
no fence and the only readable stone was that of Dudley Shipp.
I have tried to use the same spelling, punctuation and capitalization
as best that I can read it.
The Estate of Captain William Ellis
Fayette County Kentucky - Wills Mixed
Records - Vol "A" -1793-1807
This also includes Vol "B" and the following is from
pages 8, 9, 10 from Vol "B"
Settlement of Account of William ELLIS, deceased, so far as Executors have acted
Dr.Edward Darnaby and Hezekiah Ellis Exors of the
Estate of William Ellis deceased in a/c with sd Estate
|
Aug 1 1803 By two hundred & sixty four pounds
March By two hundred & fifty eight pounds paid By Benjamin Haleys bond By C. Carrs receipt for tax By Samuel Taylors fee bill By G. R. Tompkins receipt By Joseph Boswells receipt By Sherffs receipt By John Hunts receipt By Joseph Allens receipt By John Arthurs receipt By Fielding L. Turners receipt By Neal McCanns bond By balance of three pounds seventeen }
Edward Darnaby & Hezekiah Ellis Exors of William Ellis dec'd for twenty days service each in attending to the above business at 7/6 per day ........at |
£.............264.
6. 12. 3. 5. 5. 6. 3. 1. 2. 6 1. 3. 3 6. 6. 3. 15. 11. 6. 10 1/2 15. 5.
762.12. 3 1/2
.£15. 0. |
Fayette County Sct
In obedience to and order from the worshipful the the County Court
of Fayette to us directed we have proceeded to examine, state
and settle the a/c of Edward Darnaby and Hezekiah Ellis Exors
of William Ellis deceased so far as they have acted in the business
and we believe the account as stated to be just and true Given
under our hands this 17th Febry 1809.
W. Dudley
B. Graves
Robert Prewitt
Fayette County April Court 1809
This settlement of the accounts of Edward Darnaby and
Hezekiah Ellis Executors of the este of William Ellis Deceased
was returned to Court approved of and ordered to be recorded.
Teste John D. Young Clk
Fayette County Kentucky - Wills Mixed Records - Vol "C- D" - 1813-1819
The following is from Vol "D" pages 349-350 and 425-426
Settlement of Account of William Ellis, deceased as continued from account in Vol "B"
D(?) Estate of William Ellis Deceased..................................................................£ ....S D
1811 March 19 To paid Johnson Ellis for his Legacy
per Recpt...........................................................................No.
1.........................258.
1815 March 11 " do Dudley Ship............................................2.........................200.
1817 Feby ..17 ." do Lewis Ellis.............................................
3.........................293.10.
1817 Sept 13 ..." do John Thompson......................................
4.........................200.
1817 N ............." do Fayette
County Clk fee...........................5..................................2. 6 1/2
....." ..Nov 5 ......" do
William C. Prewitt per Recpt..................6..................................6.
...." Dec 27 ......" do James
Darnaby per Recpt........................7............................1. 16.
...." Nov 5 ........" do
William Bash per Do..............................8............................1. 10.
...." Oct 31 ......." do
John Novell etc per Do...........................9................................15.
" ............" ........"
do Worsley & Smith Do............................10...............................15.
...............? ......." do Thomas
T. Skillman Do.........................11...........................1. 16.
1818 Nov 18 ..." do A. Thomson
p rect..................................12...........................4. 11.
1/2
Page 350
To paid for Quire paper for Use of Settlement.............................................................2. 3
" our Services rendered the
Estate from 1808
up to this Date..........................................................................................................45.
To balance from former Settlement
}
reported by us by the Executors }............................................................................15.
To balance due Est by Executors....................................................................4304. 9. 8
....................................................................................................................£ 5327.13. 6
In account with Edward Darnaby and Hezekiah Exors Cr
By Legacy left Johnson Ellis p Will..............................................................£ 258.
By Legacy left Polly (now Polly Ship) per Do................................................ 200.
By Legacy Lewis Ellis per Do..........................................................................293.10.
By Legacy left Nancy (now Nancy Thomson) Do...........................................200.
By Amount Sale of the Estate made
5 Novenber 1817.....@ 12 M·
credit }...........................................................4376. 3.
6
..................................................................................................................£ .5327.13. 6
In compliance with an order of Fayette County Court appointing the undersigned Commissioners to Settle with the Executors of William Ellis Deceased report we proceeded to State and Settle the above a/c and find in the hand of the Executors aforesaid the sum of four thousand three hundred and four £ pounds Nine Shillings and Eight pence in bonds payable on the 5th November 1818. Given under our hands this 17 day of February 1818.
A. Thomson
Robt Prewitt
Wm Ellis
Wm Hays
State of Kentucky }
Fayette County } To wit May Court 1818
This Settlement of acounts of Edward Darnaby & Executors of William Ellis deceased was produced in open Court approved of and ordered to be recorded and the Same is thereupon truly Recorded in my office.
Att J C Rodes Clk
From KENTUCKY GAZETTE - October 11, 1817 - Page 1, Column 2:
On Wednesday, 8th November, will be Sold to the highest bidder, on a credit of 12 months, the remainder of the estate of William Ellis, deceased, consisting of eighteen ____negroes, amongst which are some very likely boys and girls from 6 to 10 years old. ______ Farm containing about 190 acres _____ of which are cleared, well improved and watered, with a first rate Grist Mill, a very large and commodious barn, a good apple orchard, etc together with some stock. The Farm is now occupied by Jesse Bryant, being immediately on Strode's road, leading from Lexington to Winchester, about ten miles from the former and within eight of the latter. The sale will take place on the premises at 10 o'clock. Bond and approved security will be required of the purchasers.
HEZEKIAH ELLIS} Executors
EDWARD DARNABY}
Page 425
Sold by Executors of William Ellis dec'd on the 5th Nov 1817.
On 12 Months credit.....$.......¢
170 1/2 acres land to D. Ship 34$ per acre.....................................................................5797. 00
H. McCann...............................................1 Kettle.............................................................20. 25
D Ship(sic)................................................1 Cart...............................................................21. 00
H. Ellis.....................................................1 Mill Stone........................................................5. 00
Jn Darnaby...............................................1 Negro...........................................................675. 00
Jn Darnaby...............................................Woman & child..............................................433. 00
Jn Thompson (sic)....................................Hannah...........................................................630. 00
Jaª Inskep.................................................Harriet.............................................................602. 00
Joª McCann.............................................Cinders............................................................501. 00
Jn Thompson...........................................Marshall..........................................................545. 00
V A Prewitt...............................................Guin...............................................................441. 00
Amt continued...............................................................................................................9670. 25
Page 426
Amount brought over.................................................................................................$ 9670.
25
John Thompson (sic)...............................Timothy..........................................................380. 00
Edward Carter..........................................Charlotte.........................................................600. 00
Jesse Bryant.............................................Bonepart.........................................................521. 00
Joseph McCann.......................................Horace............................................................442. 00
John Thompson (sic)...............................Mary & child...............................................1025. 00
Joseph Allen............................................Matilda...........................................................548. 00
D Ship.....................................................Reuben...........................................................600. 00
John Thompson (sic)..............................Ron (maybe Rose)..........................................501. 00
John Thompson (sic)..............................Samuel............................................................300. 00
E Darnaby Exor
H Ellis Exor
of Wm Ellis dec'd
State of Kentucky }
Fayette County } To wit Nov Court 1818
This account of sales of the Estate of William Ellis dec'd was produced in Court, approved of and ordered to be recorded and the same is thereupon truly recorded in my office.
Att J. C. Rodes, Clk
