...Feeling the approach of death in the Spring of 1835, Judge Graham wrote the following will which was probated during the succeeding June term of the Floyd County Court. Although ordered to be recorded, this appears never to have been done. The copy printed below is reproduced from one made by G.H. Davidson, Deputy Clerk of Floyd County for Judge Graham's grandson, James Polk Harris, April 7, 1881. It was secured by the writer from W.C. Gobel, Deputy Clerk of the Floyd Circuit Court on November 8, 1923.
"Will of Judge Graham"
"In the name of God Amen.
"I, John Graham of the County of Floyd and State of Kentucky do make, ordain and publish this as my last will and testament in the manner as follow to wit"
"I will that after my decease my body be decently buried.
"Item First: I will that all my just debts be first paid by my executors hereinafter named.
"Item Second: I will and bequeath to my beloved wife, Rebecca Graham all that part of the tract of land whereon I now live, Beginning at Sandy River and running straight with the upper cross fence of the meadow to the back line of the survey, thence with said back line to David Morgan's line, thence to Sandy River, and thence down the river to the beginning: also one Negro boy named Henry, one Negro girl named Delpha, also one Negro woman named Rachel and one Negro boy named Nelson: also all the geese, fifteen head of sheep, four cows and calves, one brown mare, one black horse Snap and twenty head of hogs, also all the dead victuals, corn oats and hay on the farm at the time of my decease, all of which land, Negroes and other property my said wife Rebecca Graham is to dispose of at her death as she sees proper in full of her part of my estate.
"Item third: I will and bequeath unto my daughter Rebecca Mayo a tract of land lying on Sandy river called the Cains place which I have heretofore conveyed to her husband Jacob Mayo, also one Negro girl named Jemima, two cows and calves, two beds and furniture which I have heretofore given to the said Rebecca Mayo as a part of her estate.
"Item Fourth: I will and bequeath unto my daughter Dorothy Trimble a tract of land and whereon her husband Edwin Trimble now lives which I have heretofore deeded to the said Trimble, also one Negro girl Nancy, also two cows and calves, two beds and furniture which I have heretofore given the said Dorothy Trimble as a part of her estate.
"Item Fifth: I will and bequeath unto my daughter Eleanor Morgan the tract of land whereon her hunband David Morgan now lives which I have heretofore conveyed to the said David Morgan two cows and calves, two beds and furniture which I have heretofore given the said Eleanor Morgan as a part of her estate.
"Item Sixth: I will and bequeath unto my daughter Sophia Layne, one Negro girl named Sally, two cows and calves, two beds and furniture which I have heretofore given her as a part of her estate,, and I have executed to her husband William H. Layne, a title bond for the tract of land whereon he now lives upon,, he and James S. Layne paying me one thousand dollars for which they are bound to my estate which I considered equal to the portions given to my other children over and above the said one thousand dolars as a part of the estate of the said Sophia Layne.
"Item Seventh: I will and bequeath unto my daughter Tabitha Graham all the land which I won on the waters of Cow and Calf Creeks and the Broad hollow supposed to contain Seven Hundred and fifty acres, two cows and calves, two beds and furniture and one Negro girl named Hester Ann as a part of the said Tabitha Graham's estate.
"Item Eighth: I will and bequeath unto my daughter Elizabeth Graham all that part of the farm whereon I now live, Beginning at Sandy river thence on a straight line with the upper cross fence of the meadow to the back line of the survey, then down with said back line to Jacob Mayo's upper line thence to Sandy river, thence up the same to the beginning two cows and calves, two beds and furniture, one roan filly, also one Negro girl Jane, as a part of the estate of the said Elizabeth Graham.
"Item Ninth: I will that at my death my Negro woman named Suckey (the wife of the Negro Jack) go free from me and my heirs forever.
"Item Tenth: I will and bequeath that the following Slaves to wit: John, Stamper, Clay and Caroline and all of my personal estate after the payment of my debts be equally divided among all my children, and it is my wish and desire that none of said Slaves go out of the family.
"Item Eleventh: It is my will and desire if the part of my estate however, bequeathed to my daughter Tabitha Graham, should not be considered equal to the portions given to my other children that it shall be made up to her in money out of my estate.
"Item Twelfth: I will and desire that my executors herinafter named settle and adjust all the debts, dues and demands from and against the estate of my son Thomas W. Graham deceased, of which I was the Administrator and sole heir.
"Item Thirteenth: I hereby nominate constitute and appoint Jacob Mayo and Edwin Trimble sole executors of this my last will and testament. In testimony whereof I have hereunto set my hand and affixed my Seal this 19th day of April in the year 1835.
Signed sealed and published in presence of us his Robert (X) Harrel mark Samuel Isaacks Filed April 7, 1881, H.H. Firzpatrick, C.F.C.C. by G.R. Davidson, D.C.
More About JOHN GRAHAM:
Fact 1: 1799, named deputy surveyor
Fact 2: June 28, 1808, elected 1st judge of Floyd Co., KY
Fact 3: served in the 8th VA Reg't in Rev War
Fact 4: Aft. 1781, lived Tazewell Co., VA
Fact 5: 1800, member of Kentucky House of Representatives
Notes for REBECCA WITTEN:
In her will, the Negro boy Henry is set free and the Negro girl Zerelda given to Ann Morgan. She was a Methodist. In 1837 she was assessed tax for 250 acre of first class land, 5 slaves and 5 horses$4,700.
WILL OF REBECCA WITTEN GRAHAM
In the Name of God Amen.
I, Rebecca Graham of the County of Floyd and State of Kentucky being weak in body but of sound mind and disposing memory do make and ordain this my last will and testament as follows, to-wit:
First:, I desire after my decease to be decently buried and that all my just debts be paid.
Item: I give unto my negro boy Henry his freedom to go free from me and my heirs forever from the time of my deceased.
Item: I give and bequeath to my grand daughter Ann Morgan my negro girl, Zerelda, also the dun mare call the "Milly Filly" also two beds and furniture, also two cows and calves and ten head of sheep.
Item: I give and bequeath unto my grandson Andrew Jackson Harris fifty acre of land lying on the opposite side of the river from where I live being the same conveyed to me by Tabitha Harris.
Item: I give unto my daughters Rebecca Mayo, Dorothy Trimble, Sophia Layne and Elizabeth Johns each one sixth part of the farm on which I live and of the back land adjacent thereto.
Item: I give unto Edmon Trimble one Sixth part of the farm on which I live and of the back lands adjacent thereto to be held by him as trustee for the sole use and benefit of my daughter Eleanor Morgan.
Item: I give unto Edwin Trimble on sixth part of the farm on which I live and of the back lands adjacent thereto to be held by him as trustee for and benefit of my daughter Tabitha Harris.
Item: I give unto my grandson Thomas Graham Morgan one Bureau.
Item: I desire that my executors may discharge any balance due the estate of John Graham deceased for property purchased by me at the sale of the property with its interest deducting the proper credit for payments made by me.
Item: I give unto Thomas Graham Morgan one saddle.
Item: I give unto Rebecca Morgan two cows and calves.
Item: I give unto my grand son Thomas Graham Layne one cow and calf>
Item: It is my desire that the balance of stock not herein specially divided be equally divided among all my grand children.
Item: I want the black boys John and Henry to have each of them one of my colts.
Item: I give unto Rebecca Morgan one bed and furniture.
I also desire that any property not herein specially devised be equally divided among all my grand children.
I desire that Greenville Lackey and Edwin Trimble shall act as executors of this my last will and testament, and I do hereby appoint them as such.
August 19th, 1843
Children of JOHN GRAHAM and REBECCA WITTEN are:
i. LT. THOMAS WITTEN5 GRAHAM (Source: Jillson, Dr. Willard Rouse, John Graham of Virginia, 551.), b. January 19, 1804, Tazewell, Co., VA; d. October 23, 1833, Allen, Floyd Co., KY.
More About LT. THOMAS WITTEN GRAHAM:
Fact 3: died abt age 30 unmarried, buried Emma, KY
Fact 4: August 01, 1825, father, John Graham, deeded him land in Allen KY
52. ii. REBECCA GRAHAM, b. August 12, 1806, Floyd Co. KY; d. December 14, 1898, Floyd Co. KY.
53. iii. DOROTHY GRAHAM, b. Abt. 1807, Floyd Co. KY; d. Floyd Co. KY.
54. iv. ELEANOR 'NELLIE' GRAHAM, b. 1810, Floyd Co. KY; d. 1906, Paoli, Chickasaw Nation, OK.
55. v. TABITHA GRAHAM, b. August 08, 1812, Floyd Co. KY; d. Floyd Co. KY.
56. vi. SOPHIA GRAHAM, b. 1814, Floyd Co. KY.
57. vii. ELIZABETH GRAHAM, b. November 21, 1818, Floyd Co. KY; d. December 08, 1895, Prestonsburg, KY.