The will is being posted both in response to emails I've received concerning this will and lineage and to offer help to those who may come here searching in the future who have descended from this lineage. Abraham Cross lived in Lincoln County, North Carolina 20 years or more, him having married in Lincoln County in 1799 and receiving a land grant in 1825 for a quarter section in Calloway County, Kentucky, the portion that was later to become Marshall County, where he died in 1857. Some modern printed census list have Abraham's birthplace as being MA but recent closer examinations of original census pages comparing the handwriting of the scribe of the 1850 census indicate to this author that it was Virginia.
Surnames mentioned in the will include: HEAFNER, HANN, PENDLE, ENGLISH, VANHOY, COX, WALKER, and witness' surnames of DOWNING and DUNN with the surname of the clerk being GILBERT.
Last Will and Testament of Abraham Cross
In the name of God Amen. I, Abraham Cross of the County of Marshall and State of Kentucky being sick and weak in body but of sound mind and disposing memory for which I thank God and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it hath pleasured God to bless me with, I give and bequeath the same in manner following, that is to say.
Item 1st. I give to my daughter-in-law Barbara Cross one bed and furniture all the remaining clothes of all kind that I now have that did belong to my wife Hannah Cross.
Item 2nd. I give to my son Emanuel Cross one dollar in addition to what he has heretofore had of my estate.
Item 3rd. I give to my son-in-law Martin Heafner one dollar in addition to what he has heretofore had of my estate.
Item 4th. I give to my daughter Katharine Hann one dollar in addition to what she has heretofore had of my estate.
Item 5th. I give to my daughter Susanah Pendle one dollar in addition to what she has heretofore had of my estate.
Item 6th. I give to my daughter Elizabeth English one dollar in addition to what she has heretofor had of my estate.
Item 7th. I give to my daughter Martha Vanhoy one dollar in addition to what she has heretofore had of my estate.
Item 8th. I give to my daughter Sarah Cox one dollar in addition to what she has heretofore had of my estate.
Item 9th. I give to my daughter Anna Walker one dollar in addition to what she has heretofore had of my estate.
Item 10th. I give to my son Daniel Cross my rifle gun and my horse known by the name of Tom and my brass clock.
Item 11th. I give to my grandson Abraham Cross my shotgun.
Item 12th. I give to my grandson James Cross my small gun.
Item 13 I give to my son Daniel Cross the remainder of my estate both real and personal what nature or kind so ever it may be, not his as in before particular (*to) dispose of.
And last I do hereby constitute and appoint my son Daniel Cross executor of this my last will and testament by me hereby severing all other or forms of will or testaments by me heretofore sworn. In wittness whereof I have hereunto set my hand and affirm my seal this 14th day of August 1852. Signed, sealed, published and declared as serving for the last will and testament of the above person.
Abraham Cross in personance of
State of Kentucky
Marshall County Sct.
I, J. C. Gilbert clerk of the county court of said county do certify that at a county court began and held at the courthouse in Benton within and for said county on Monday the 5th in start, this last will of Abraham Cross was providenced in open court and duly proved to be the last will and testament of said Cross by the oath of Cullen Downing one of the subscribing witnesses thereto who also stated under oath that Madison Dunn the other subscriber said will in his and said Cross' presence and that all thing(viz) said Downing Dunn & Cross (*sub.)
Subscribed to me in presence of each other. And said will was thereupon ordered to be recorded hereupon said will and this certificate have been duly recorded in my office given under my hand this 12th day of October 1857. J. C. Gilbert.
The entire will and probate appears to be written in the hand of J. C. Gilbert, clerk. No signature of Abraham Cross appears on the copy of the will. A mark, funnel-shaped, like that of a tornado, appears beside Abraham's name as well as at the bottom of the will between the words Marshall County and Sct. recorded there. Whether that is Abraham's mark or whether it is that of the clerk, Gilbert, is unknown.
The son-in-law mentioned in the will, Martin Heafner, was husband of Edy Cross who was deceased at the time of the writing of the will, her having died between 1837-40.
Hannah Cross, mentioned as Abraham's wife, was the widow of William Manley and also the mother of Abraham's daughter-in-law, Barbara, mentioned first in the will, and the wife of his son, Daniel. Hannah was at least Abraham's second wife, him having married Barbara Killian in 1799 in Lincoln County, North Carolia.
There is a possibility Hannah was Abraham's third wife due to there being a span of 8 years between the birth of his third 1803) and fourth (1811) child. Some researchrs list "Catharine" as Barbara Killian's first name. Abraham's third child is noted as "Katharine" and Abraham's oldest child Emanuel named his first daughter, born 1822, "Catharine."
Only Abraham's son Daniel lived in close proximity to Abraham. The rest scattered to Missouri, Illinois, Indiana, and some, to parts unknown, at present.
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