Adam Duke's Will, 1860
Transcribed and submitted by Jane McAshan
Last Will & Testament of Adam Duke
Panola County, Texas, Vol. D, 615-19
I Adam Duke of said county and state being of sound mind and being desirous of disposing of my worldly goods to take affect at my death do make and publish this my last will and testament hereby revoking all former wills by me heretofore made.
First I give and bequeath to my son George L. Duke my negro boy slave named Edward of light complextion and now about twenty one years also my negro girl slave named Margaret of light complextion aged about two years.
Second I give and bequeath to my daughter Amanda Ross my negro girl slave named Julia of light complextion aged about thirteen years also my negro girl slave named Harriett of light complextion aged about four years.
Third I give and bequeath to my son William H. Duke my negro boy named Bob a slave of light complexion aged about fifteen years also my negro boy slave named Isaac of light complextion aged about eight years.
Fourth I give and bequeath to my daughter Elizabeth Duke my negro girl slave named Caroline of black complextion aged about sixteen years also my negro woman slave named Aga of copper complextion aged now about forty five years.
Fifth I give and bequeath to my daughter Nancy Kendrick my negro boy named Sam a slave of light complexion aged now about ten years also my negro girl slave named Sarah of light complextion aged about six years.
Sixth I give and bequeath to my daughter Matilda Duke my negro woman slave named Jinny of black complexion aged now about twenty one years also my negro boy slave named Vant of black complexion aged about three years.
Seventh I give and bequeath to my two grandchildren Catharine Ross and Amanda H. E. Ross jointly my negro girl slave named Patsey of light complexion aged about twelve years.
It is further my will that my son William H. Duke pay to said grandchildren jointly the sum of one hundred dollars in cash, that my son George L. Duke pay to said grandchildren jointly the sum of fifty dollars in cash, that my daughters Amanda Ross, Elizabeth Duke, Nancy Kendricks and Matilda Duke each pay to said grandchildren jointly the sum of twenty five dollars in cash.
It is further my will that my sons George L. Duke, William H. Duke and my daughters Amanda Ross, Elizabeth Duke, Nancy Kendricks, and Matilda Duke each pay one seventh of my just and legal debts that I may be owing at my death also each shall pay one seventh of the expenses of my burial and of executing this will and that my said grandchildren shall jointly pay the other sevent of said debts and expenses.
It is further my will that my wife shall have all my property both real and personal not hearin other wise disposed of to have and to hold during her natural life and further that at the death of my said wife shall be divided as follows to wit my sons George L. Duke and William H. Duke and my daughters Amanda Ross, Elizabeth Duke, Nancy Kendricks, and Matilda Duke shall each take one seventh of said remainder of said property so bequeathed to my said wife that my said grandchildren shall take the other seventh of said remainder at the .... my said wife. It is also my will that neither .... wife Catharine Duke nor the property herein bequeathed to her shall be in any manner bound for the expenses of executing this will or my burial or any of my debts but that the same shall be paid by the persons above named in the proportion above named out of their own means.
And I hereby further direct my executors at any time after my death and the probate of this will to deliver even to each of the devisees and legatees here in named the property to them herein bequeathed respectively upon the said legatee or devisee paying to said executor his or her share of said debts and expenses as above stated after the whole amount of said debts and expenses shall have been fully and fairly asertained and also after the said legatee and devisee shall have paid to said grandchildren the amt said legatees or deviseee is respectively herein directed to pay to them and I further direct that should any of said legatees or devisees fail to pay to said executor his or her rightful share of said debts and expenses or should fail to pay to said grandchildren the said amt of money which they are herein respectively directed to pay within one month after the said amount of debts and expenses shall have been fully ascertained it shall be the duty of said executor to line out the property of said devisee herein given and bequeathed for such length of time and on such credit as he may see fit and proper the credit not exceeded one year until he shall by said means raise a different amt of money to pay said devisee or legatee share of said debts and expenses and also the amt of money which said devisee or legatee is directed to pay said grandchildren and after the same are paid off then to deliver to said devisee or legatee his or her respective property herein bequeathed and it is further my will that should any of the negro slave named at any time hereafter have any natural increase said natural increase shall be the property of him or her to whom the mother of said increase was ? and given and further it is my will that should any of the devisees or legatee herein named die before I die that in that event the lawful heirs of him or her so dieing shall take and be entitled to his or her property as fully and in the same manner as if said devisee had survived me and then died. It is further my will that the probate court shall have nothing more to do with this will and with my estate than the probate of this will and the approval of the necessary bonds.
I hereby nominate and appoint my son George L. Duke my Executor of my will. In testimony of which I here unto sign my name and affix my scroll for seal this the seventeenth day of October AD one thousand eight hundred and fifty nine.
Adam Duke
Signed sealed & published
in the presence of
Sandford Snider
W. T. Mills
Entered - The last will and testament of Adam Duke filed Jany 20, 1860, J. M. Ramsey Clerk February 27, 1860 - Sandford Snider appeared in court.
"I knew Adam Duke in his life time he is now dead. He died in Panola County, Texas at his residence about the middle of January 1860. I saw Adam Duke sign the writing here produced in court in Panola County Texas as his last will and testament and I and W. T. Mills signed said will as witnesses in the presence of said Adam Duke and at his request."
[Catharine Ross and Amanda H. E. Ross were the children of Catharine Jane Duke and Daniel Butler Ross. D. B. Ross died in 1855, and Catharine Jane apparently also died before her father's will was written.]