Will of Daniel Cooper and his estate record, Scott County Court, Georgetown, Kentucky, Will Book "L" pp. 252-454 (1850-1851)

Transcription and notes

1. The will — Will Book L pp. 252–253 (img 391)

The Last will and Testament of Daniel Cooper of the county of Scott and Commonwealth of Kentucky.

I Daniel Cooper being of Sound mind and in my usual state of health, considering the uncertainty of life and desirous to Dispose of my property to suit my own views and wishes, Do make this Instrument of writing as and for my last will and Testament. First. I give and Devise my Vandegraff land to my son Reuben H. Cooper, and that part of my farm I at present reside on South of the Ironworks road and being in the Countys of Scott and Fayette. To my Daughter Elizabeth Cooper, Rachel Ann Downing and my two Grand sons William Q Emison and Stephen C. Emison — the two Grand sons having one share, to be Divided into three equal shares. And I further Devise to my Grand son William Sutton my tract of land lying on the north side of the Ironworks rode known as the Carrel place. And it is my will and Desire that if my said Grand children (William Q Emison Stephen C Emison or William Sutton) should die before they attain to lawfull age or before they have any Issue that their said portion of my estate shall revert, to my estate, and be Divided equally between my other devisees of my estate.

I have given to my Children property and money of which I have Kept an account as follows. To my son Reuben H. Cooper Twenty five hundred and Eleven Dollars, To my Daughter Nancy Sutton dec'd Mother of William Sutton two Thousand Dollars and to my Daughter Mary Ann Emison dec'd Mother of William Q and Stephen C. Emison Two Thousand Dollars, and to Rachel Ann Downing One Thousand & sixty five Dol these advans to my children are to be considered as part of their share respectively and what else they or any of them should get before my death and before any Division of my personal Estate takes place they are all to be made equal. And it is my will and Desire and it is further directed and provided that the portions herein before devised to my said Grand sons William Q and Stephen C Emison and William Sutton shall by no means be sold or alienated during their minorities respectively and that no application shall be made under any statute or law of the land to any court for the sale thereof and I make this provision a condition of the devise a violation of which shall opperate as a forfiture of their share. I will devise and direct and bequeath that all my personal Estate be equally divided and distributed amongst my said Children and Grand children, my two grand sons William Q and Stephen C. Emison having one share. But said Advances heretofore made or which may be made by me in my lifetime are to be charged to my legatees respectively in making said Distribution. by the term personal Estate I intend to embrace my slaves.

I direct that my debts and Funeral Expenses be paid out of my personal Estate. It is my wish and Desire that my Household Furniture and Kitchen untensials be divided among my three children Reuben H. Cooper, Elizabeth Cooper and Rachel A. Downing, To be Divided by themselves or by two or three Neibors. It is further my will and desire that my daughter Elizabeth Cooper in Consequence of her long and faithful attention to me and all my Domestic affairs Should have her choice of one Negro man in her share and that she have one Good Horse & Two milch Cows more than her Share.

I hereby nominate and appoint Reuben H. Cooper and George Downing Executors of this my last will and testament and Desire that they may be allowed to Qualify in the Scott County Court without any security being required of them I rely on their integrity.

In testimony whereoff I have hereunto set my hand this 1[3 or 5]th of December 1846. — Signed Daniel Cooper Signed acknowledged and published By Daniel Cooper as his last will and Testament in our presence and attested by us in his presence and at his request October 18th 1847 Atteste John H Cooper · Wm H Long

The within Instrument of writing I have rittin myself And Hope my children will Know and appreciate it as such. — Dan Cooper

Scott County Sct. September Term 1850. The Last will and Testament of Daniel Cooper dec'd was this day produced in open court and proved by the oath of William H. Long a subscribing witness thereto, and it also being proved by the oath of James Gaines and Nicholas Long that the said will was in the hand writing of the decedent. It is ordered to be recorded, which is done. Att John T Johnson [clk] · By James G Kelly Dy

2. Estate book: account of advancements — Will Book L p. 263 (img 397)

The within Contains an account of the money and property that my children have had in order that an Equal Division of my property may be made May 26th 1842 — Danl Cooper

1837 — Memmorandum of such things as Nancy Sutton has had in order that each of my children be made equal

Sep	To Negro boy John	$400.00
	To cash	80.00
Oct	To 2 Beds and furniture
	To 1 Beauro & 1 pair of Tables cat	70.00
Oct	To pork	48.00
	To horse $65. Cash $43. D° 100 D° 7	215.00
18[?]	To Difference in Table 35. To cash 37 Cash 500	572.00
	To Cash 15 D° 250 D° 100	365.00
		$1750.00
	To cash and sundries	250.00
		$2000.00

Memmorandum of such things as Mary Ann Emison has had

1830	To cash	$340.00
	To horse	65.00
	To 2 beds and furniture
1835	To Spoons 6. Beauro &c 36. Chairs 9. Cash 12 D° 20	83.00
	To 18 hoggs $20. 10 sheep 15. 2 Cows & calves 25. to cash 300.	360.00
1839	To cash 10. To mare 50. To cash 110 To cash 200	370.00
	To cash 100 To D° 72 To D° 15 D° 250 D° 100	537.00
		$1755.00
	To cash and some praty	250.00
		$2005

1835 — Memmorandum of such thing as R H Cooper has had

	To sundry Articles of household furniture	56.25
	To 1 Bed and furniture
	To cash for horse	65.00
	To cash 320. 10 hoggs 25. 2 Cows 25 Cash 400	770.00
	To 10 sheep 15. Cash 45 D° 15	75.
1839	To a mare 50 to Cash 300 To spoons 7. D° 25	382.00
1840	To cash 51 D° 250. D° 100	401.00
1843 march 30	To cash	$1749.25
1845	To cash	500.00
1846	To cash D°	260.00
		$2509.25

1847 — Rachel A Downing

	To negro man Jim	700.00
	To Buggy	260
	Beauro & chairs	55
	horse	100
1849 June	To cash for Boy	400
	To D° at another time	50
1849 march	To cash	800

Scott County Sct. October Term 1850. The Estate Book of Daniel Cooper dec'd was this day returned into court by the Exors of decedent and ordered to be recorded. Att John T Johnson clk By James G Kelly Dy

"1843 march 30": the 3 is written above the line over "184". The year beside "To Difference in Table" is overwritten and not read.

3. Inventory and appraisement — Will Book L (imgs 426–427; 11 October 1850)

An Inventory and appraisement of the Estate of Daniel Cooper deceased this 11th day of October 1850.

	due		$
E Muirs Note $1000.00	27th Oct	1849	1000.00
Thomas H. Hunt $878.27	18th Aug	1849	878.27
John H Cooper $1700.00	30th July	1850	1700.00
James K Duke $1000.00	31st Oct	1849	1000.00
Lewis Payne $700.00	7 March	1851	700.00
John Gibson $100.00	24th May	1850	100.00
V W Brookings $400.00	30 March	1848	400.00
Asa Smiths $200.00	20th July	1850	200.00
Cash on hand $140.25			140.25

[desc] The farm goods, crops and livestock that follow on imgs 426–427 are not transcribed, except: "1 Grindstone & ladder" 2.50, "wheel, reel & hackel" 3.00, "About 350 bu of wheat @ 50 cts" 175.00.

Enslaved people appraised:

	$
Lymus	250.00
Frank	300.00
George	450.00
Jonas	700.00
Peter	500.00
Moses	500.00
Joseph	600.00
Andy	500.00
Mary and two Children	725.00
Lucy	500.00
Jane	550.00
Margaret	450.00
John	425.00
Maria	325.00
William	300.00
Jerry	250.00

We the undersigned do hereby certify that the foregoing is a true appraisement of the property of Daniel Cooper dec as shown to us by his Executor. Given under our hands this 11th of October 1850. — James Gaines · N. Long · William C Crenshaw

4. Sale bill — returned January Term 1851 (imgs 427–429)

[desc] The buyers, goods and prices begin at the foot of img 427 and run to img 429. Only the Cooper and Emison rows are copied here, as written:

buyer	goods		$
R. H. Cooper	wheel barrow	pd	4.75
R. H. Cooper	Sheep Shears	pd	2.12
R H Cooper & G W D. 20lbs	Lot tools per lb @ 39	pd	7.80
Jno Cooper	½ bay rake	pd	1.62
Jno H Cooper	24½ remainder @ 52	pd	12.74
R. H. Cooper	25 do do @ 66	pd	16.50
R. H. Cooper	40 bus hemp seed @ 100	pd	40.00
R. H. Cooper	20 do 2 choice @ 2.55	pd	51.00
Do	27 remainder @ 1.66	pd	44.82
R H Cooper	heifer calf	pd	7.50
R. H. Cooper	Large red cow	pd	24.00
R H Cooper	Large Brown mare	pd	51.00
D Emison	Ball face bay mare	paid	70.00
Wm A Emison	Sucking colt	paid	21.00
R. H. Cooper	Brown mare	pd	67.50
N Cooper	46 do corn 52½	pd	23.92
R. H. Cooper	143 do @ 1.65	pd	235.95
Jno Cooper	Stove & pipe	pd	2.25
Reuben H Cooper	1 Barrell Soap	pd	8.50
Betsy Cooper	1 do do		8.50
Reuben H Cooper	45 lb of Bacon at 6	pd	2.70

Scott County Sct. January Term 1851. An Appraisement and sale Bill of the Estate of Daniel Cooper decd returned into Court and ordered to be recorded. Att John T Johnson Clk By James G Kelly Dy

"Jno H Cooper — 24½ remainder @ 52" follows "G. Downing — 30 bu Buck wheat @ 52 — pd — 15.60" in the list. Many rows of G. Downing, G. W. Downing and George W Downing are not copied here.

5. Division of the land and slaves — commissioners' report, Will Book L pp. 307–308 (img 419; reported 29 Oct 1850)

In obediance to an order of the Honourable Scott county Court at its October term 1850 appointing H. C. Graves, Tho' Smarr, Washington Samuel and Levi Prewit Commissioners to divide the Land & Slaves according to the will of Daniel Cooper deceased, we met on the premises of said decedant and after making a survey of the sd Land allotted it in the following manner, To wit. Lot No One containing fifty seven acres to Elizabeth Cooper. Lot No two containing seventy seven acres to George Downing, and Rachael his wife. Lot No 3 containing seventy three acres to Stephen C. Emison & Wm Q Emison. For metes and boundaries of the above named lots we beg leave to refer the court to the surveyors report. it is to be understood, that for the purpose of fencing the division lines, the fencing nearest the sd lines is to be used, except the post and railing on Lot No One, running from the House in the direction of the road. It is further to be understood that the grave yard on Lot No One is to be reserved for the use of the family.

We also alloted the slaves in the following manner. To wit. To Reuben H. Cooper. Mary. Ann. Martha. Frank. Moses, Joe. Valued at seventeen hundred and ten dollars. To Elizabeth Cooper. Jonas. Jane and Cherry valued at fifteen hundred and twenty five dollars and one hundred and eighty five dollars to make it equal in value with R. H. Coopers lot. To Wm. Sutton. Lucy. Andrew. Will. valued at thirteen hundred and seventy five dollars and three hundred and thirty five dollars to make it equal in Value with R H Coopers lot. To George Downing and Rachael his wife, Lymus, George and Margaret, valued at Eleven hundred and seventy five dollars and five hundred and thirty five dollars to make it equal in value with R H Coopers lot. all of which we respectfully report this 29th Oct 1850 H C Graves · W Samuel · Thomas Smarr

The surveyor's report (img 419 right-hand page, continuing onto img 420) is not transcribed. [From the FamilySearch transcript: it records 207 acres divided on 24 October 1850, and a family burying ground of 33 feet square reserved out of Lot No. 1.]

5a. Division order — Will Book L p. 309 (img 420), October Term 1850

Scott County Sct. October Term 1850. On motion of Reuben H Cooper, Geo Downing & Rachel his wife Elizabeth Cooper, heirs at Law and devisees of Daniel Cooper dec'd, also of Stephen C Emison, Wm Q. Emison and William Sutton also devisees of s'd dec'd by their guardians. David Emison, & Wm L. Sutton. Harry Graves, Levi Prewitt, Thomas Smarr, Washington Samuel are app'd to divide the Lands and slaves devised by said Cooper according to the provisions of his will & report to Court. A Copy. Att John T Johnson clk By James G Kelly Dy

[From the FamilySearch transcript: at November Term 1850 the commissioners' report was returned to court and ordered to be recorded.]

6. Settlement with the executors — Will Book L, right-hand page of img 495 and p. 458 (imgs 495–496; returned December Term 1851)

The Executors of Daniel Cooper dec'd with the Estate — Dr

	$
To amount of Sale-Bill	5259.03½
To am't of E. Muirs note	1000.00
Int collected on same	80.00
Tho' H. Hunts note	878.27
Int on same	60.88
John H. Coopers note	1700.00
Int on same	76.50
James K. Dukes note	1000.00
Int on same	85.01
Lewis Payne note	700.00
Int on same	60.66
John Gibsons note	100.00
Int on same	6.65
V. W. Brookings note	400.00
Int on same	85.29
Asa Smiths note	200.00
Int on same	14.65
Cash on hand	140.25
Int on Asa Smiths note previously	16.00
	$11863.18

[desc] "Contra Cr": numbered payments by the executors, not transcribed except: "William H Long acct" 42.00, "Wm L Suttons acct" 54.50, "Jos. Millward coffin" 31.00, "Gable T. Long overseer" 45.33.

	$
Advance made to Nancy Sutton as pr Will & Book	2000.00
Mary A Emison as pr Will	2000.00
R H Cooper by the Will	2511.00
Rachel A Downing	2365.00
	$19594.26
Deduct Elizabeth coopers note and Interest omitted as a credit	78.24
	$19516.02
Divided by 5 heirs leaves to Each	$3903.20

The estate of Daniel Cooper to William Sutton — Dr. To his distributable part $3903.20. Cr. By advancement made by will 2000.00. Due him by Exor $1903.20

Same to William and Stephen Emison — Dr. To amt as above $3903.20. By advance by the will 2000.00. $1903.20 due from Exor

R H Cooper part $3903.20, advance by the will 2511.00, due by Exor $1392.20

Rachel A Downing part $3903.20, By advance by the will 2365.00, $1538.20

Elizabeth Cooper part $3903.20

The undersigned met the Exors of Daniel Cooper decd at his office in Geo Town on Friday October 24th 1851 and proceeded to state and settle the Estate of Daniel Cooper decd and from the foregoing acct which is made as a part hereof I find in the hands of said Exor the sum of $19594.26 which divided amongst 5 legatees leaves to each the sum of $3903.20 cts from which is to be deducted the amount above annexed to the names of the distributees as charged in the Will & Book of the decedent. Given under my hand this day & date above — B. W. Finnell P. J. S. C. C.

Scott County Sct. December Term 1851. A settlement with the Exors of Daniel Cooper decd returned to the last court and laid over according to law no exceptions being filed the court having now examined the same it is approved it is approved and ordered to be recorded. Att L B Dickerson clk By Jno W Stevens Dy

Page numbers: img 496's left-hand page is 458; img 495's right-hand page number is not read (it begins "45").