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- Thomas McClanahan (1734-1809) served as private in the Virginia troops. He was born in Prince William County, Va.
Was a member of the Kentucky Legislature 1793
Thomas' Will:
I, Thomas McClanahan of the County of Bourbon, State of Kentucky, being weak and very infirm, but of sound mind & memory, do make & ordain this my last w. & T.
Item: I g. & b. to the heirs of my son, William McClanahan, Dec'd., 1072 acres of land, including the plantation whereon I now live, to be divided in the manner and form following, viz. unto my grandson, Thomas McClanahan, one hundred acres, to include the plantation whereon he now lives, to be laid off in a square figure, and to my grandson William McClanahan, one hundred acres, to begin at Thomas McClanahan's East line at a place that will leave two fifty acre lots on the north, to run south and east to include the plantation whereon I live, fifth acres, of which, including the dwelling house and buildings, I wish peaceably to be enjoyed by Elizabeth McClanahan, widow of my son, William McClanahan, dec'd., during her natural life. I give to William Browning and Lucy his wife fifty acres of land, which is already deeded him by Benjamin Bell; to John Harrison and his wife, Elizabeth, fifth acres already deeded him by myself. To James Pullen and Aggy his wife, fifty acres of land to be laid off in the N.W. corner. To Sally McClanahan fifty acres, and to Polly McClanahan, fifty acres, and to Elizabeth McClanahan, widow of my son, William McClanahan, dec'd., fifty acres to be laid off in the safe part, the residue having a claim upon it. It is my will that what is saved to be equally divided between my afsd. daughters and widow of my son, William McClanahan, deceased.
Item: I g. & B. unto my son, Thomas McClanahan, Jr., seven hundred and two acres of land beginning at a walnut tree and a cedar tree, N.W. corner to Thomas Strother's survey, running east E hundred and thirty poles to William Harrison's survey, ... thence three hundred and forty poles to the south line of Thomas Strother's survey, thence north to the beginning, including the 702 acres which includes the 284 acres deeded to me by Thomas Strother, also 220 acres already deeded my son, Thomas McClanahan, Jr. beginning at a corner made for me on Heath's west line, running west, ... N.W. corner: thence south with my west line to a corner betwixt sd. Hickman and Samuel Hockman and Elgin, to a corner ... heirs on Heath's line, thence north to the beginning, also twenty acres on the east side of Heath's survey, beginning at Heath's so. corner running so as to include the spring where William ... now lives, to a corner on Wait's line, thence west with the sd. ... to Heath's line, thence south to the beginning, making in whole 440 a.
Item: I g. & b. to Robert Johnstone and Peggy his wife, during their natural lives, all that tract or parcel of land, lying on the east of David Hickman, beginning at Heath's W.E. corner running to what's called Brent's Road to Larkin Field's line; thence with that line and Willis Field's line to Wait's line, thence to Waite's ... to Hinkman's corner on sd. line; thence with Hickman's line to the beginning being 400 acres including fifty acres already deeded by me. to my grandson, William Johnston and at their deaths to be equally divided betwixt my grandson, William Johnston and unto Maurice Langhorne, 202 a.
Item: I g. & B. to Samuel Elgin and Aggy his wife, during their natural lives, all that tract of land lying on the west and south of David Hickman's whole tract, beginning on Heath's line, a corner made for sd. Hickman and Elgin, running with a dividing line betwixt them to the corner on the west line; thence south to Giltner's corner, thence east with his line to Thomas Benson's corner, thence with his line to his N.E. corner, thence south to a sugar tree and walnut, Thomas Strother's corner; thence WT. to Heath's S.W. corner thence to the beginning, supposed to be 500 acres, and at their deaths it is my will and desire that the sd. five hundred acres be sold and the money arising there from to be equally divided betwixt the surviving heirs and legal representatives of my daughter, Aggy Elgin.
Item: I g. & b. to Thomas Ashford and Sally his wife and Isaiah Elkins and Ann his wife, all my lands lying in the county of Woodford, known by the name of Clover bottom, supposed to be 1400 acres, to be equally divided between the sd. Thomas Ashford and Isaiah Elkins, agreeable to quantity, each being confined to the place they first settled.
And lastly, I do appoint my son, Thomas McClanahan, my lawful executor to carry out this my last W. & T. into effect, and to dispose of all my estate, both real and personal,not heretofore disposed of and the money arising therefrom to remain in his hands for the purpose of making good any land that may be lost out of any that I have bequeathed my children, and after defraying such expense, if any, the balance to be equally divided amongst my legal heirs and representatives, viz: giving to the heirs and representatives of my son, William, deceased, one seventh part of such residue.
In Witness whereof I have hereunto set my hand and affixed my seal this fourth day of May in the year of our Lord Eighteen hundred and seven. Thomas McClanahan, L.S.
In the presence of us:
Edmond Basye
William Love
Alfred Basye
BOURBON COUNTY COURT, February term, 1809
This last W. & T. of Thomas McClanahan, dec'd. was produced in open court and proved by the oaths of Elizamond Basye, William Love, and Alfred Basye, and ordered to be recorded. Attest: Will Gerrard, Jr. C.B.C.
CODICIL TO THOMAS McCLANAHAN's WILL:
I, Thomas McClanahan of the County of Bourbon and State of Kentucky, do this 12th day of September in the year of our Lord one thousand eight hundred and eight, make & publish this codicil to my last W. & T. bearing date the 4th of May. in the year of our Lord one thousand eighteen hundred and seven & incorporate this codicil with all the alterations, explanations, and amendments herein contained as part thereof. WHEREAS in & by the sd. last W. & T. I gave and devised to James Pullen and Elizabeth McClanahan, widow of my son, William McClanahan, dec'd, each fifty a. of land as described in the sd. last W. & T. Now I do hereby revoke and annull said devisees and bequests & do hereby declare that my will is and I hereby devise the sd. fifty acres of land as described in the sd. last will & testament (and therein devised to James Pullen) to Elizabeth McClanahan, widow and relict of my son, William, dec'd., and to her sons, Thomas and William McClanahan, as trustees for the benefit and trust for Agatha Pullen, wife of James Pullen and her sons, free from the control of the sd. James Pullen, hereby vested in the sd. trustees the legal title thereof, and I do hereby further devise & bequeath to Elizabeth McClanahan, widow of my son, William McClanahan, deceased and her sons Thomas and William as trustees for the benefit and exclusive use of the sd. Peggy Dudley, my granddaughter as afsd., and her heirs, free from control or disposal of her husband, Robert W. Dudley, and whereas also in my last W. & T. to the heirs of my son, William McClanahan, dec'd., or to the husbands of the females of sd. . . .'s therein set forth the manner of the sd. devisees and described as to different parts, quantities to be given until I had disposed to 500 a. and the balance to-witt: two hundred acres whereof the title of which I then thought and still think doubtful devised to Elizabeth McClanahan, widow of my son, William, dec'd., and her six daughters, to be equally divided among them, provided the sd. 202 acres of land should be saved. Now I do hereby declare it to be my last W. & T. & do give this explanation thereto, that the sd. doubtful balance of 202 acres of land is to be, and that the same is hereby vested in the sd. widow and six daughters, equally, so as to pass to them all the title thereto of which I am now possessed, except the shares the two daughters of the sd. Elizabeth McClanahan, namely Agatha Pullen the wife of James Pullen and Peggy Dudley, wife of Robert W. Dudley, the legal title to which two shares of the sd. balance of 202 acres of land is not to pass to the sd. Agatha Pullen and Peggy Dudley but is hereby vested in their mother, Elizabeth McClanahan, widow & relict of William McClanahan, dec'd., & in Thomas and William McClanahan, sons of the sd Elizabeth McClanahan, as trustees for the benefit and use of the sd. Agatha Pullen and Peggy Dudley & their heirs, respectively, to be by the sd. trustees held, possessed and enjoyed for the use afsd. free from the control of their husbands, James Pullen and Robert W. Dudley, in the same manner as the afsd. 50 acres of land to the sd. devisees, each are herein devised to sd. trustees to be enjoyed. But it is further declared to be my last W. & T. that if any part of the sd. doubtful balance of 202 acres of land should at any time hereafter be lost, the sd. devisees thereof, to-wit, the sd. widow McClanahan and her six daughters are not to be remunerated out of my estate for such loss by my ext'r. out of the provision I have hereunto made for the devisees of my last W. & T. out of whose shares, respectively losses may happen, or in any other manner whatsoever, and whereas by my last W. & T. I willed & requested that my son, Thomas McClanahan, Jr., my sole ext'r. should dispose of or sell all the balance of my estate not specifically devised by my sd. last W. & T. Now I do hereby will and appoint the proceeds of sd. sale residue of my estate as a fund to satisfy the devisees of my last W. & T. & to be in lieu of any of the lands by my sd. will devised, & in my last W. & T. mentioned, out of these shares respectively, a loss of land has already happened, since the making of my sd. last W. & T. in a suit which has already been decided in the Court of Appeals between me and Thomas Respess &etc. and that the residue of the sd. fund arising from the sale of my estate as afsd., if any, after repairing and making good the sd. losses of land which may have already taken place, shall be appropriated for the purpose of making good any losses which any of the devisees in my last W. & T. mentioned may hereafter sustain, it is also my will & desire that if the fund hereby provided in the hands of my executor for the purpose of making good to my sd. devisees any losses in land which already have or hereafter may happen, should at any time prove deficient for that purpose, the balance of losses unsatisfied and for the satisfaction of which sd. fund shall be insufficient shall be made up by the devisee so losing by a contribution of all the devisees to my sd. last W. & T., sd. contributions to be made in proportion to the value of the several shares of land to them devised in my sd. last W. & T., and to prevent disputes and difficulty in ascertaining the value of any shares of land in my sd. will devised to any of my devisees which shall have already or may hereafter happen to be lost, I hereby constitute the following mode of ascertaining sd. value by my sd. extr. and any of my sd. devisees who now have or may hereafter lose any part of the land to them devised, shall select and choose an umpire, and they, or a majority of them with their umpire, shall ascertain the value of the land so lost & certify the same under their hands and seals after being duly sworn, agreeable to law, which value so ascertained shall be paid by my executor accordingly when the fund herein provided for that purpose shall come into his hands, and it is further provided that the value of any share so lost for which contribution is requisite and the value of each devisee's share who has had to contribute in order to ascertain the amount of the contribution from each shall be ascertained in the same manner and by the same number of disinterested men and their umpire chosen by the party who has lost and the party contributing as has already been herein provided, in disposing of or applying for fund for losses heretofore provided in the hands of my executor, and lastly it is my desire that this my present codicil be annexed to and made a part of my last W. & T. to all intents and purposes. In testimony whereof I have hereunto set my hand & affixed my seal the date above written.
Signed, sealed, published and declared by the above named Thomas McClanahan as a codicil to the will annexed to be his will and on the presence of:
Elijah Webb
George Ellis
Cornelius Calvert
Thomas Mazing
John L. Hickman
William Johnston
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1730 - 1809 (79 years)
