Attribution for the finding of this will as recorded in Logan County, KY Will Book G, page 231 & 232, is given to Jim Clayton of Burlington, NC, a great Clayton researcher who provided the photocopy of Daniel Claytons will to Norma Preston, another Clayton family researcher and the wife of a 3rd great grandson of Daniel Clayton. Norma sent a copy to Mae Tanner, who transcribed this will from its difficult to read handwritten form. My wife, Barb, typed it into the computer. It is provided here to clarify the parents of Cynthia and Rebecca Clayton both of whom married members of the Caudle family. I made a few editorial changes based on my reading of the handwritten will, and am responsible for any errors found.
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LAST WILL AND TESTAMENT OF DANIEL CLAYTON
by Thomas A. Frazer-D.C.
In the name of God, Amen. I, Daniel Clayton of the County of Logan and the State of Kentucky, weak in body but sound in mind and memory do make and ordain this my last Will and Testimony.
Item 1, I give and bequeath unto my beloved wife, Lucy. her dower containing the houses, orchard and spring with woodlands sufficient to support her and slaves during her single or natural life, the understanding is that the right of said dower is vested in her forever, if she marries she is to let Harrison Clayton have her interest in said dower at a fair price and if she dies without a bodily heir, her interest held is to be the property of said Harrison Clayton. I also leave it for a home for Phebe and child Nicey and Harrison as long as they live single.
Item 2, I also give and bequeath unto my son Harrison Clayton the balance of said land to him and his heirs forever with one feather bed and furniture.
Item 3, I give and bequeath unto my daughter Patsy Madole, fifty dollars, to her and her heirs forever.
Item 4, I give and bequeath unto my daughter Polly Simmonds, fifty dollars to her and her heirs forever.
Item 5, I give and bequeath unto my daughter Rebecca Caudle, forty dollars to her and her heirs forever.
Item 6, I give and bequeath unto my daughter Nancy Bell ten dollars to her and her heirs forever.
Item 7, I give and bequeath unto my daughter Susanna Rinley, seventy five dollars to her and her heirs forever.
Item 8, I give and bequeath unto my daughter Cynthia Caudle, fifty dollars to her and her heirs forever.
Item 9, I give and bequeath unto my granddaughter, Sally Clayton, ten dollars to her and her heirs forever.
Item 10, I give and bequeath unto my son Thornton Clayton one hundred dollars to him and his heirs forever.
Item 11, I give and bequeath unto my son John Clayton, one hundred dollars to him and his heirs forever.
Item 12, After paying all my just debts, I give all my perishable property to be equally divided between my wife Lucy and my two daughters Phebe Clayton and Nicey Clayton with the one half of Phebe's part to her sons William unable to read. I also appoint my two sons Thornton Clayton and Harrison Clayton. In witness wherewith I have set my hand and affixed my seal this 1st day of November 1838.
Signed Daniel Clayton (Seal)
Signed and sealed in presence of
Josiah P. Williams & M.J. Williams
Logan County, KY. October Term 1841
At a County Court held for said County at the Court House in Russellville on the 25th day of August, 1841. The written Last Will and Testament of Daniel Clayton, Dc'd was produced in open court and proven by the oath of M.J. Williams one of the subscribing witnesses thereto to be the Last Will and Testament of said deceased. And at a county court location for Logan County at the Court House in Russellville on the 25th day of October 1841. The written [or within?] Last Will and Testament of Daniel Clayton Dc'd was produced in open court and proven by the oath of Josiah P. Williams the other subscribing witness. Thereto to be the last Will & Testament of said Daniel Clayton Dec'd. And ordered to be recorded. Whereupon the same together with this Certificate have been duly admitted to record in my office. Given under my hand as clerk of said court the date above.
M.P. Morton, CLCC
By Thomas A. Frazer-D.C.
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