Last Will and Testament of Thomas Haynes, 1801-1864
Thomas Haynes’ will, handwritten by him on pale blue lined paper, is in the Jackson County, Texas, County Clerk’s estate file. The following transcription leaves his original spelling and punctuation. – Carolyn Haynes
Transcribed Version of the Will
I Thomas Haynes, of Jackson County, State of Texas, do make and publish this as my last will and testament.
1st I direct all my just debts to be paid.
2nd Whereas I rec’d by my first wife property to the amount of about thirty six hundred dollars (but for the precise amount I must refer to the records of County Court of Christian County, in the state of Ky.) This estate, without interest, I intended always to go to my two eldest children. To Daniel I have given a tract of land of the value of twenty three hundred dollars, and two hundred dollars besides, which is an overplus of say seven hundred dollars, which I desire shall be so much paid to Sally’s portion, as it seems (sums?) so to be considered by themselves.
3rd The whole balance of my estate, after paying the above debts & portions, I direct to remain to ofer the use of my present family as long as my wife and son Kit may deem it necessary for the comfort of the family. After which (and this I leave to their discretion) what remains, I will, shall go in equal portions to all my children.
4th I appoint my son Kit (Christopher) my executor of this my will, and I direct that he be allowed to execute the same, without giving bond security as in common cases; and that the court shall not even require an Inventory of the estate, nor any appraisement thereof. Having full confidence in my said Son, I commit the whole administration to him without even a restraint upon his discretion.
In testimony whereof I do hereunto set my hand, the 30th October 1861.
Tho. Haynes
Presented in court 29 Feb 1864 and sworn to by Wm. C. Edwards and Henry D. Starr
Attested to by C. A. Haynes on 3 March 1864.
1st I direct all my just debts to be paid.
2nd Whereas I rec’d by my first wife property to the amount of about thirty six hundred dollars (but for the precise amount I must refer to the records of County Court of Christian County, in the state of Ky.) This estate, without interest, I intended always to go to my two eldest children. To Daniel I have given a tract of land of the value of twenty three hundred dollars, and two hundred dollars besides, which is an overplus of say seven hundred dollars, which I desire shall be so much paid to Sally’s portion, as it seems (sums?) so to be considered by themselves.
3rd The whole balance of my estate, after paying the above debts & portions, I direct to remain to ofer the use of my present family as long as my wife and son Kit may deem it necessary for the comfort of the family. After which (and this I leave to their discretion) what remains, I will, shall go in equal portions to all my children.
4th I appoint my son Kit (Christopher) my executor of this my will, and I direct that he be allowed to execute the same, without giving bond security as in common cases; and that the court shall not even require an Inventory of the estate, nor any appraisement thereof. Having full confidence in my said Son, I commit the whole administration to him without even a restraint upon his discretion.
In testimony whereof I do hereunto set my hand, the 30th October 1861.
Tho. Haynes
Presented in court 29 Feb 1864 and sworn to by Wm. C. Edwards and Henry D. Starr
Attested to by C. A. Haynes on 3 March 1864.
An Intriguing Note About The Will
An interesting aspect of Thomas's 1861 will is that he made no mention of any slaves. All of the wills of slave owners that we have seen made detailed provisions for the futures of their slaves, often listing them by name. This initially suggested to us that perhaps Thomas himself did not own any slaves in 1861. Other documents show that Celia inherited some slaves from her father's estate in Louisiana.
The 1830 census for Caldwell County, Kentucky, associates one "free colored man" and seven slaves with Thomas. Based on the ages shown in the census, this probably was one family. In the 1830s,Thomas and Celia were members of the Colonization Society of Caldwell County, whose objective was to repatriate freed slaves to Liberia and assist them in establishing a new life there. Consequently, Thomas may have freed all of his slaves before he wrote his will in 1861. But the 1850 census shows 9 slaves on the Haynes place, and the 1860 census shows "5 slave houses" and 18 slaves on the Haynes place under Thomas's name, and 4 more under Daniel's name.
The 1830 census for Caldwell County, Kentucky, associates one "free colored man" and seven slaves with Thomas. Based on the ages shown in the census, this probably was one family. In the 1830s,Thomas and Celia were members of the Colonization Society of Caldwell County, whose objective was to repatriate freed slaves to Liberia and assist them in establishing a new life there. Consequently, Thomas may have freed all of his slaves before he wrote his will in 1861. But the 1850 census shows 9 slaves on the Haynes place, and the 1860 census shows "5 slave houses" and 18 slaves on the Haynes place under Thomas's name, and 4 more under Daniel's name.