Person Page - 1663

     Unknown (?) married Capt. Thomas Gardner circa 1614
;
His 1st wife.
Per Anderson [1995:II:733]: "(1) By about 1614      ; she probably died in Salem in 1636, perhaps at the birth of youngest child Seeth."
Images attached.

Ancestry.com - U.S., New England Marriages Prior to 1700
Unknown (?) died circa 1636 at Salem, Essex Co., Massachusetts, USA.
     EDV-9.

Unknown (?) and Capt. Thomas Gardner immigrated in 1624 to Cape Ann Plantation, Nantucket Co., Massachusetts, USA; the Great Migration Begins: Immigrants to New England 1620-1633, Volumes I-III

Robert Charles Anderson
Great Migration Study Project
New England Historic Genealogical Society


THOMAS GARDNER

ORIGIN: Unknown
MIGRATION: 1624
FIRST RESIDENCE: Cape Ann
REMOVES: Salem 1626
OCCUPATION: Innkeeper (Thomas Gardner, Sr., was repeatedly licensed during the 1660s to retail strong drink, but in June 1667 the license was amended to allow him to sell only to "strangers" and not to townsmen [EQC 3:339, 431, 4:36, 37, 161, 269, 397]).
CHURCH MEMBERSHIP: In list of Salem church members compiled in late 1636 [SChR 5].
FREEMAN: 17 May 1637 [MBCR 1:373].
EDUCATION: Signed his name to several petitions and inventories.
OFFICES: Deputy for Salem to the General Court, 26 September 1637 [MBCR 1:204]. Essex grand jury, 25 February 1641, 27 January 1643/4, July 1644 [STR 1:120; EQC 1:33, 57, 62]. Petit jury, failed to appear and fined 29 June 1641 [EQC 1:26]; appeared 27 January 1642/3, 28 January 1646, 28 January 1647/8, 26 January 1648/9, 26 June 1649, 24 June 1651 (foreman), 29 June 1652, 28 June 1653, 6 March 1653/4, 13 June 1655, 27 November 1655, 30 June 1657, 29 June 1658 [STR 1:104, 146, 184, 186, 202, 216; EQC 1:44, 129, 153, 169, 229, 254, 283, 326, 408, 2:42, 71]. Jury, 27 August 1636, 27 June 1637 (foreman), 27 September 1639, 29 January 1640[/1] [EQC 1:3, 6, 12, 24]. Coroner's jury on Ralph Elwood, August 1644 [EQC 1:71].
Salem selectman, 1635, 1637, 1642-6, 1650, 1655-6 [STR 1:13, 50, 113, 121, 128, 136, 143, 164, 182, 190]. Salem constable, 1639 [STR 1:88]. Salem fenceviewer, 1636 [STR 1:41]. Overseer or surveyor for Salem highways 1637/8, 1639, 1642, 1643, 1649, 1655-8 [ STR 1:67, 90, 117, 124, 158, 189, 191, 214]. Salem rater, 1639/40 [STR 1:97].
ESTATE: In the 1636 Salem grants Thomas Gardner had one hundred acres in the freeman's land [STR 1:20]. He was granted one acre of marsh on 25 December 1637, with a household of seven [STR 1:103].
He received a special grant by warrant, of one hundred acres in 1636 [STR 1:37]. When George Ingersoll received a ten acre lot, it was land formerly of Mr. Gardner's and others, which they had resigned to the town in favor of other land in March 1638/9 [STR 1:82]. Thomas Gardner was granted on 15 May 1639 a bank of upland near Strongwater Brook, paying 5s. an acre [STR 1:88]. He was granted half a three-quarter acre lot with Obadiah Homes, on land near the gate leading to the old mill, 20 March 1642/3 [STR 1:117]. He was granted ten acres in Salem for a house near the old mill, 8 February 1643/4 [STR 1:123]. "Mr. Gardner" was granted one acre of meadow on the north side of his farm, 31 August 1649 [STR 1:159]. "Mr. Gardner requested for himself and those that now do or hereafter shall live at those ten acre lots end or side that they may have the common land granted to them that lies at the foot of Mr. Read's hill to lie as common for their joint use; this request is granted," 27 April 1654 [STR 1:176].
On 6 December 1671 Thomas Gardner of Salem, husbandman, sold to "Josiah Sothwick," for a valuable consideration received thirteen years earlier, two acres in the North Field of Salem [ELR 4:85].
The will of "Thomas Gardner of Salem" was written 7 December 1668 and proved 29 March 1675 by witnesses Robert Pease and Samuel Goldthwaite [EQC 6:31]. "Weighing the uncertainty of man's life, I do therefore in the time of my health, make this my last will" giving to "my wife Damaris" all the estate she brought with her "according to our agreement" and £8 a year paid by my six sons provided she give up her dower in my housing and lands; to "my daughter Sara Balch" £15; to "my daughter Seeth Grafton" £15; to "my daughter Mirian [sic] Hills two daughters, Miriam Hill, & Susanna Hill," to each of them £5 at age eight~een or marriage; to "my sons George and John Gardner" salt meadow valued at £20; to "my sons Samuel and Joseph Gardner" the other part of my salt meadow; residue divided in seven equal parts, two parts to my son Thomas, he paying "his mother in law forty six shillings by the year," the other sons to receive one part each and pay their mother-in-law twenty-three shillings a year; sons George and Samuel Gardner executors; "my loving friends Mr. Joseph Grafton and Deacon Horne" overseers [EPR 2:423-24].
The inventory of the estate of "Mr. Thomas Gardner, taken 4:11m:1674" by Hilliard Veren, Sr. and John Pickering totalled £274 16s., including real estate valued at £201: "an old dwelling house with about 10 acres of land adjoining with the orchard, fences &c.," £31; ten acres of ground in the Northfield, £27; about 100 acres of upland and meadow, £100; about 20 acres of land lying in the woods, £3; and about 2 3/4 acres of salt marsh lying above the mill," £40. The inventory also included "2 old barrels of guns" valued at 5s. [EPR 2:424-5].
Following Thomas Gardner's probate, at the November 1677 term of Essex court his sons George ("now of Hartford, Connecticut") and Samuel sued John Pudney of Salem, husbandman, over a farm let to Pudney by lease dated 1 March 1672[/3] and described as Gardner's now dwelling house in Salem, with all his land in Northfield, about 20 acres, also his 10 acres of meadow ... for seven years from Apr. 15, 1672 at £11 per year, and two barrels of cider, said Gardner furnishing the cask, of which £4 were to be paid in wood at 8s. per cord, 40s. in butter and cheese, with one firkin of butter, 40s. in pork, and the remainder in corn. Said Pudney was not to remove any muck, and Gardner reserved the right to take the meadow near Needham's if he so desired [EQC 5:356].
On 2 September 1678 Lt. George Gardner, late of Salem & now of Hartford, merchant, and Samuel Gardner of Salem, mariner, joint executors of the last will of Mr. Thomas Gardner deceased, sold to John Swinnerton of Salem, physician, "all that part of the estate that said Gardner died possessed of and which the said executors have power to sell," including a dwelling house and ten acres in the North Field, another ten acres in the North Field, about an acre of upland by the Strongwater Brook, a farm containing one hundred acres of upland and meadow, and twenty acres of upland and meadow [ELR 5:3].
BIRTH: About 1592 (deposed aged about sixty-nine 26 November 1661 [EQC 2:320]).
DEATH: Salem 29 December 1674, "husband of Damaris."
MARRIAGE: (1) By about 1614 _____ _____; she probably died in Salem in 1636, perhaps at the birth of youngest child Seeth (see COMMENTS below).
(2) (prob.) By 1639 Margaret _____, who joined the church at Salem 24 March 1639/40 [ SChR 8]. (See TAG 30:156 for discussion of claims she was Margaret Friar.)
(3) Damaris (_____) Shattuck. She was the "widow Shattock" when she joined the Salem Church 2 July 1641 [SChR 11]; she died Salem 28 November 1674, one month before her husband. (See TAG 30:165-68 for discussion of this woman and her many connections to the Pope and Gardner families.) CHILDREN: With first wife

i THOMAS, b. say 1614 (adult 1637 when he received a grant from Salem [STR 1:52]; eldest son with a double share in his father's will); m. (1) by 1643 _____ Hapscott[?] [ TAG 26:108, 30:157-58]; m. (2) by an unknown date Elizabeth Horne, daughter of JOHN HORNE [ TAG 26:108, 30:158-99].

ii GEORGE, b. say 1616 (adult when "bretherin" Thomas and George Gardiner were given ten acres in Salem 8 November 1637 [STR 1:59]); made free 27 December 1642 [EQC 1:48]); m. (1) by 1644 Hannah _____; m. (2) by 1654 Elizabeth (Freestone) Turner, bp. Horncastle, Lincolnshire, 17 October 1619, daughter of Richard and Margery (Freestone) Freestone, and widow of Robert Turner, shoemaker, of Boston; m. (3) after 1663 (inventory of her previous husband [Manwaring 1:242]) Elizabeth (Allen) Stone, widow of Rev. SAMUEL STONE . (For the identity of these three wives we follow the work of George E. McCracken [ TAG 30:158-66].)

iii JOHN, b. about 1624 (d. Nantucket 6 July 1706, aged 82 years); m. 20 February 1653/4 Priscilla Grafton [NanVR , citing "William C. Folger genealogical records in the possession of the Nantucket Historical Association"; this marriage probably took place in Salem].

iv SARAH, b. about 1627; m. about 1650 as his first of three wives Benjamin Balch, son of JOHN BALCH .

v SAMUEL, b. about 1629 (deposed June Term, 1680, aged "about fifty years" [ EQC 7:389]); m. (1) before 1658 (eldest child b. Salem 5 August 1658) Mary White, daughter of John and Elizabeth (Herbert) White [NEHGR 150:193-95]; m. (2) Salem 2 August 1680 Elizabeth _____ Paine.

vi JOSEPH, b. about 1630 (about 16 in 1645/6 when he is anticipated in the train band [EQC 1:92]; near adult in 1649 [STR 1:157]); m. Ann Downing, daughter of Emmanuel Downing. She m. (2) 6 June 1676 SIMON BRADSTREET [ Hale, House 518].

vii RICHARD, b. about 1632 (d. Nantucket 1724, aged 92); m. about 1652 Sarah Shattuck, daughter of his stepmother Damaris (_____) (Shattuck) Gardner [ TAG 30:168].

viii MIRIAM, b. about 1635; m. by 1657 as his first wife John Hill. He m. (2) Salem 26 August 1664 Lydia Buffum.

ix SEETH, bp. Salem 25 December 1636 [SChR 16]; m. (1) Joshua Conant, son of ROGER CONANT [ TAG 30:156-57]; m. (2) 1 December 1659 John Grafton, son of Joseph Grafton.

ASSOCIATIONS: Banks states without authority that Gardner might have come from Hurst, Martock parish, Somersetshire [ Topo Dict 143], and other origins have been claimed. An origin in the West County for Thomas Gardner is certain, but the name is common and none of the suggestions made to date has a firm foundation.
George McCracken suggested that the unusual given name of the Gardner's last child, Seeth, was an indication that in previous generations there had been a marriage to someone with that surname [ TAG 30:157].
Both McCracken and Moriarty take the question of the connection between the Gardners and the Popes to task, but admit that the "relationship of the Pope and Gardner and Shattuck families is certain; the mode not yet plain" [ TAG 30:164-6].
In the painful June 1677 tangle over the burial of John Pudney's child on Mr. Gardner's hill, Pudney appealed a judgment of Major Hathorne's, mentioning the "kinship of Major Hathorne and said [Samuel] Gardner" [EQC 6:284]. This was probably a reference to the recent marriage of the Major's son to Samuel's daughter, and not an ancestral clue.
COMMENTS: "Mr. John Tylly and Mr. Thomas Gardener were employed as overseers of that whole business [of the plantation at Cape Anne]; the first with reference to the fishing, the other with respect to the planting on the main land, at least for one year's time" [ Young's First Planters 23].
In the Salem land grant of 1637 Thomas Gardner received acreage for a household of seven. His sons Thomas and George were already old enough to receive grants of their own and be considered separate households. Seven younger children of Thomas Sr. were still under age and presumably residing at home, which would make a household of eight. One or more of the children could have been serving in another family, but this accounting raises the possibility that Thomas did not have a wife living in 1637. This hypothesis is supported by the admission to church membership of a Margaret Gardner on 24 March 1639/40; had she been with Thomas Gardner since his arrival in New England, we would expect that she would appear in the list of church members compiled in late 1636 at the reorganization of the church. Consequently, we propose that Thomas Gardner had three wives, the first of them of unknown name, who died at the birth of the youngest child, Seeth, whose baptism is one of the first recorded in late 1636.
In the February Term of court 1645/6 "Mr. Thomas Gardener discharged from training when his sixth son comes in" [EQC 1:92]. Men were required to train from the age of 16 to 60, and this implies that last son Joseph was approaching 16 in 1645/6, placing his date of birth about 1630.
"The wife of Thomas Gardner Sr." was fined for frequent absence from the public ordinances on Lord's days, along with a number of other Quakers, November Term 1660 [ EQC 2:265]. This was merely the beginning of a long string of such fines and official harassment that eventually convinced several of the sons to move with their families away from Salem. Thomas Gardner Sr. is never named as having absented himself from public worship, and history is silent on his opinion of the matter.
When John Pudney's child died in 1677, he went with others to "Mr. Gardner's Hill," took down some fence bars, and dug a grave. Samuel Gardner came on horseback and ordered them off his land. Gardner had the grave filled in, but Pudney came back and succeeded in burying his child. The resulting suit at the June Term 1677 was appealed all the way to the Court of Assistants, which, after a jury trial, found for Pudney [ RCA 1:110]. The case produced a deposition by William Trask, who said that for these twenty-seven or twenty-eight years the land where John Pudney buried his child had been a usual burying place for so many as would make use of it for that purpose and he never heard that old Mr. Gardiner hindered any from burying their dead there, but he said at several funerals, `friends and neighbors, do not bury your dead by such a young tree for I do desire to be buried there myself.' According to deponent's knowledge, said Gardiner was buried there himself, and the draw bars that Pudney was sued for taking down stood on the town's land several feet, Mr. Gardiner having removed them several feet about five years since into the town's land. He further testified that for twenty-eight years the inhabitants of the town, as long as there were any great trees upon the land, cut the trees and carried away the timber without any molestation, and all the neighbors looked upon it as common land [ EQC 6:284].
Thomas Gardner paid John Pickering six pounds for some indeterminate service either to the town or to himself in March of 1638/9 [STR 1:84]. Thomas Gardner's bull was set out to stud in the town herd in 1640 for a fee of 20s. [STR 1:99]. Gardner was chosen one of the commissioners to calculate damage done by cattle in Richard Ingersoll's lot 12 July 1642 [ EQC 1:42]. Gardner was one of those who was to receive the corn for John Moore in 1643 [ STR 1:120]. Mr. Gardner's new building is mentioned in the Salem town minutes of 30 7mo 1644 [STR 1:133].
Thomas Gardner was one of the seven influential men who advanced Hilliard Veren as the new clerk of courts, when "he that was last chosen thereunto is now removed to the eastward" [June Term, 1658, EQC 2:102].
Thomas Gardner Sr. took the inventory of William Bacon 26 September 1653 and provided the same service for Bacon's widow, Rebecca Bacon, two years later [EQC 1:323, 413]. He proved the will of Thomas Trussler at the June Term, 1654 and took his inventory 5 June 1654 [EQC 1:356-7]. He took the inventory of Henry Bullock, Jr., 10 January 1656 [EQC 2:49]. He was appointed administrator of the New England estate of his son-in-law Joshua Conant, who died intestate in England [EQC 2:190-1, November Term, 1659; 2:217]. With William Robinson, Thomas Gardner testified that John and Daniel Southwick had settled the division of their father Lawrence's estate [June Term, 1660, EQC 2:217]. Gardner also took the inventory of Lawrence Southwick's estate [November Term, 1660, EQC 2:263]. He took the inventory of William Cantlebury of Salem 25 June 1663, and probably was the Thomas Gardner who took the inventory of Ralph Tompkins of Salem 12 November 1666 [EQC 3:83, 379].⁴

     (?) Hapscott married Thomas Gardner, son of Capt. Thomas Gardner and unknown (?), before 1643 at Salem, Essex Co., Massachusetts, USA.¹

     Prischilla Grafton married John Gardner, son of Capt. Thomas Gardner and unknown (?), on 20 February 1653 at Salem, Essex Co., Massachusetts, USA.¹

     Ann Downing married Joseph Gardner, son of Capt. Thomas Gardner and unknown (?), circa 1649 at prob. Salem, Massachusetts, USA.¹

     Sarah Shattuck married Richard Gardner, son of Capt. Thomas Gardner and unknown (?).¹

     John Hill married Miriam Gardner, daughter of Capt. Thomas Gardner and unknown (?), before 1635.¹
John Hill married Lydia Buffum on 26 August 1664 at Salem, Essex Co., Massachusetts, USA.¹

     Lydia Buffum married John Hill on 26 August 1664 at Salem, Essex Co., Massachusetts, USA.¹

     Hannah (?) married Lieut. George Gardner, son of Capt. Thomas Gardner and unknown (?), before 1644.¹

     Elizabeth Freestone married Robert Turner.²
Elizabeth Freestone was born before 17 October 1619 at Horncastle, Lincolnshire, England.¹ She married Lieut. George Gardner, son of Capt. Thomas Gardner and unknown (?), before 1654.¹

     Robert Turner married Elizabeth Freestone.¹

Robert Turner died before 1654.¹

     Elizabeth Allen married Rev. Samuel Stone.¹
Elizabeth Allen married Lieut. George Gardner, son of Capt. Thomas Gardner and unknown (?), after 1663.¹

     Rev. Samuel Stone married Elizabeth Allen.¹

Rev. Samuel Stone died circa 1663.¹

     Sally Mosby married Costolow H. Dawson on 24 December 1827.¹

     John L. Dawson was born on 9 January 1823.¹
     In Capt. John Lillard Jr.'s will dated 6 December 1837 at Anderson Co., Kentucky, USA, John L. Dawson was named as an heir;      The will of John Lillard, Jr., was probated in the Anderson County Court on June 12, 1843 and provides:
     The Will of John Lillard, Jr.
     In the name of God, amen, I John Lillard Senr of the county of Anderson and the state of Kentucky, being now diseased in body but of sound mind and memory, and calling to mind the mortality of human life, do make, constitute and ordain this my last will and testament in the following form, letters and figures.
     ITEM 1 I will that my body after my death be interred by my executors, hereafter to be named, in decent Christian burial.
     ITEM 2 That after my death all my just debts be paid.
     ITEM 3 I bequeath to my daughter, Elizabeth McGinnis, one Negro woman named Dorkas together with so much in money as will make the sum of twelve hundred dollars including what she has already received which now stands charged to her in my book of accounts, to her and her heirs forever.
     ITEM 4 I bequeath to the heirs of my daughter, Susannah Collins, items charged to her in book of accounts to be equally divided amongst them, of which their mother had possession of during her life, hereby ratifying and confirming the same unto the said heirs forever.
ITEM 5 I bequeath unto my grandchildren, Clement Lillard, Frances Lillard (now Frances Butts) and Elizabeth Lillard (now Elizabeth Walker) children of my son John Lillard, deceased, all the items charged to their deceased father in my book account, together with one equal portion at my death of the balance of my estate not otherwise bequeathed, with my other children, to be equally divided amongst them.
     ITEM 6 I bequeath to my son, Christopher Lillard, and his heirs forever, all that now stands charged to him in my account book.
     ITEM 7 I bequeath to the heirs of my son, Garland Lillard, dec., to be equally divided amongst them, or their survivors, the items charged to their dec. father in my account book, hereby ratifying and confirming the same, to them and their heirs forever. Also I give unto the said heirs to be equally divided amongst them, all that tract of land lying in Anderson County on which their father resided at the time of his death, and which I purchased of Christopher Lillard, the deed of which is recorded in the Clerk's office of the Anderson County court. Also, another piece of five acres adjoining it, together with all the articles that I purchased under ex. (or?) at sheriff's sales as property sold of their dec. father, the memorandum of which is recorded in the clerks office aforesaid. Also I give them an equal portion of my estate with my other children, when the balance of it not included in this will shall be finally disposed of after deducting from the amount already charged to their dec. father the sum of eight hundred dollars money I paid the bank at Lexington and other advancements made their dec. father.
     ITEM 8 I give to my grandsons Erastus and John Mclane, sons of my daughter Sarah Mclane, dec., or the survivors of them one hundred and sixty acres of land lying in the state of Missouri known in the entry thereof as N. E. Section No. 30 in township No. 62 north of the N. Base line Range, N. E. - wise of the 5th principal meridian. Also the further sum of two hundred dollars to John Mclane and one hundred dollars to Erastus Mclane, the said Erastus having traded off one hundred dollars of his equal portion of $200.00 with his brother John to his uncle, Thomas J. Lillard, for the purchase of a horse from him the said $100.00 to be paid the said Thomas in money which
shall constitute their entire portion of all my estate that might be coming to them, and should they each die leaving no issue of their body, then the above legacy to return to my estate.
     ITEM 9 I give to my son, Thomas J. Lillard, and his heirs forever a sum of money that shall make him equal including what is charged him in my account book with my son Christopher Lillard.
     ITEM 10 I give to my grandchildren, John and Ellender Dawson, children of my daughter, Agnes Dawson, dec., or the survivors of them one Negro woman named Malinda and her increase together with $200.00 to each of them or the survivors of them which shall be their entire portion of all my estate, but should they die having no children the said legacy to revert again to my estate.
     ITEM 11 I give to my son, James C. Lillard, and his heirs forever all that is charged to him in my book of accounts, provided it does not excel the amount charged to my son, Christopher Lillard, and if it does the overpart be deducted therefrom.
     ITEM 12 I wish my grandson, John Whittington, son of my daughter, Martha Lillard (late Martha Whittington, deceased) all that is charged to his dec. mother. Also in addition, at my death, one-third part as much as will be coming to my other children provided he lives to the year of twenty-one, but if he dies he is not to inherit it.
     ITEM 13 I give to my son, David M. Lillard, and his heirs forever the sum of two thousand dollars after deducting therefrom the amount charged to him in my book of accounts.
     ITEM 14 The remaining part of my estate not here named in my will nor in my account book as charged to my children I wish sold by my executors and the proceeds arising therefrom to be equally divided amongst my surviving children and heirs, except my grandchildren Erastus and John Mclane, John and Ellender Dawson, and John Whittington whose portions are already assigned them by this will. That my executors sell the estate on a credit of twelve months and that my Negros, Patta, Martha, George, and Emily and the balance of them be purchased by someone of my heirs that they be retained in the family of my children.
     ITEM 15 I will to my two little grandchildren, Agnes McGinnis, daughter of Elizabeth McGinnis, and Elizabeth Ann Lillard, daughter of Christopher Lillard, fifty dollars each in consequence of their great likeness as I conceived of their dec. grandmother Agnes Lillard, my beloved wife, provided they live till after my death.
     ITEM 16 I wish my executors, heirs, and all herein contained or concerned distinctly to understand that I have charged in my book of accounts, and so far as it goes, found a part of this will and testament which is here enclosed with the same, and is designed as directions to my executors to lead and guide them in the distribution of my estate.
     ITEM 17 I wish my family burying ground (if I do not have it posted and railed with cedar posts or enclosed with a stone wall during my life) my executors to have it done after my death and the expense thereof together with my other funeral expenses to be paid out of my estate.
     ITEM 18 I appoint my sons Christopher Lillard and Thomas J. Lillard or the survivors of them who may qualify as the executors of this my last will and testament, hereby revoking all others heretofore made by me. In testimony whereof I have hereunto set my hand and seal this 6th day of December, in the year of our Lord, one thousand eight hundred and thirty-seven.
     John Lillard.
     In the presence of: Jordan H. Walker
     John O'Dell /s/ John Lillard
     John Fidler
     CODOCIL: I bequeath to the children of my daughter, Elizabeth McGinnis, dec., the property in this will bequeathed to her. To wit:
Strether J. McGinnis, Thomas McGinnis, Hardin McGinnis, Sarah Ann McGinnis, late Saunders, dec., if she left any child or children, (if not, then her portion is to be equally divided amongst her surviving brothers and sisters, except her brother John L. McGinnis to whom I bequeath five dollars as his full portion of my estate) William W. McGinnis, Mary E. McGinnis, Agnes E. McGinnis, Ereamus D. McGinnis, and Martha E. McGinnis and their heirs forever. My granddaughter Ellender Dawson being now dead her portion two hundred dollars given her in this will, I bequeath to be divided equally among my heirs. In testimony whereof I have hereunto set my hand this 31st day of August, 1842.
     John Lillard
     In the presence of:     Tarlton Railey
     Jordan Walker
     C.     H. Fenwick
     CODICIL:     In reference to Elizabeth Walker mentioned in item 5, I do hereby disnnul all that I have there directed to be given her and her heirs forever. In witness whereof I have this 14th day of Feb., 1842, set my hand and seal.
     John Lillard
     In the presence of:     Jordan H. Walker
     C.     H. Fenwick
     On December 13, 1842, John Lillard, Jr., wrote additional directions to his Executor in the form of an additional will. The additional Will was not probated at the same time as the original will, but was recorded on July 12, 1844 and provides as follows:183
     Having made a deed to my son, C. Lillard and Thomas J. Lillard to land on which I now live, containing by survey 287 1/2 acres for the purpose of selling the same for the best price they can obtain and appropriating the proceeds in the following manner to wit:
     To my grandsons John L. Dawson and John MClane $200.00 each, to Erastus MClane $100.00, to Thomas J. Lillard $100.00 as per my will, to my grandson John L. Whittington 200.00 and a note of hand his father executed to me for 100.00 and interest thereon, to my granddaughters Ann Elizabeth Lillard, daughter of my son C. Lillard, $50.00, to my granddaughter Agnes McGinnis $50.00, to James C. Lillard $244.27, to Thomas J. Lillard $95.00 being the amount they advanced to John C. Lillard and William L. Butts, heirs of my son John Lillard, Jr., dec., John Whittington' s legacy is not to be paid him until he arrives at the age of 21 years. To my son, C. Lillard, $100.00 being the amount he advanced to Thos. J. Lillard out of his own money with 6 per cent thereon until paid. The balance to be equally divided between the heirs of my two dec. daughters, Elizabeth McGinnis and Susannah Collins' children, except John L. McGinnis he having rec'd his part. Should the land sell for more than $10.00 per acre all over that sum to be equally divided [words omitted in original] three sons Christopher, Thos. J., and D. M. Lillard after paying my sons C. Lillard and Thos. J. Lillard all expenses they bear and 5 per ct. on all money they may pay as above directed. Given under my hand this 13th day of Dec. 1842.
     John Lillard
     Test: (Jn. H. Carter
     (D.     M. Lillard
     State of Kentucky, Anderson County
     I, Jordan H. Walker, clerk of the County Court for the county aforesaid, do certify that at the county court held at the courthouse in Lawrenceburg on Monday the 12th day of June, 1843, this writing purporting to be the last will and testament of John Lillard, deceased, together with the codicils hereto annexed and an account book forming part of the same was produced in court and sworn by the oaths of Jordan H. Walker, John O'Dell, John Fidler, and C. H. Fenwick, subscribing witnesses thereto annexed to be the act and deed of the said John Lillard, deceased, whereupon the said writing, codicils, and account book foresaid were ordered by the court to be recorded which is done accordingly.
     Given under     my hand this 23rd day of June, 1843. Jordan H. Walker.²

     Ellender Dawson was born on 23 September 1824.¹
Ellender Dawson died on 31 January 1838 at age 13.¹
     Ellender Dawson lived at an unknown place ; Lillard [1991, p. 867]: "Never married. This woman's name has been found to be spelled differently in many documents. Ellender seems to be the most common, however, some others are Elanor, Ellen, etc."²
In Capt. John Lillard Jr.'s will dated 6 December 1837 at Anderson Co., Kentucky, USA, Ellender Dawson was named as an heir;      The will of John Lillard, Jr., was probated in the Anderson County Court on June 12, 1843 and provides:
     The Will of John Lillard, Jr.
     In the name of God, amen, I John Lillard Senr of the county of Anderson and the state of Kentucky, being now diseased in body but of sound mind and memory, and calling to mind the mortality of human life, do make, constitute and ordain this my last will and testament in the following form, letters and figures.
     ITEM 1 I will that my body after my death be interred by my executors, hereafter to be named, in decent Christian burial.
     ITEM 2 That after my death all my just debts be paid.
     ITEM 3 I bequeath to my daughter, Elizabeth McGinnis, one Negro woman named Dorkas together with so much in money as will make the sum of twelve hundred dollars including what she has already received which now stands charged to her in my book of accounts, to her and her heirs forever.
     ITEM 4 I bequeath to the heirs of my daughter, Susannah Collins, items charged to her in book of accounts to be equally divided amongst them, of which their mother had possession of during her life, hereby ratifying and confirming the same unto the said heirs forever.
ITEM 5 I bequeath unto my grandchildren, Clement Lillard, Frances Lillard (now Frances Butts) and Elizabeth Lillard (now Elizabeth Walker) children of my son John Lillard, deceased, all the items charged to their deceased father in my book account, together with one equal portion at my death of the balance of my estate not otherwise bequeathed, with my other children, to be equally divided amongst them.
     ITEM 6 I bequeath to my son, Christopher Lillard, and his heirs forever, all that now stands charged to him in my account book.
     ITEM 7 I bequeath to the heirs of my son, Garland Lillard, dec., to be equally divided amongst them, or their survivors, the items charged to their dec. father in my account book, hereby ratifying and confirming the same, to them and their heirs forever. Also I give unto the said heirs to be equally divided amongst them, all that tract of land lying in Anderson County on which their father resided at the time of his death, and which I purchased of Christopher Lillard, the deed of which is recorded in the Clerk's office of the Anderson County court. Also, another piece of five acres adjoining it, together with all the articles that I purchased under ex. (or?) at sheriff's sales as property sold of their dec. father, the memorandum of which is recorded in the clerks office aforesaid. Also I give them an equal portion of my estate with my other children, when the balance of it not included in this will shall be finally disposed of after deducting from the amount already charged to their dec. father the sum of eight hundred dollars money I paid the bank at Lexington and other advancements made their dec. father.
     ITEM 8 I give to my grandsons Erastus and John Mclane, sons of my daughter Sarah Mclane, dec., or the survivors of them one hundred and sixty acres of land lying in the state of Missouri known in the entry thereof as N. E. Section No. 30 in township No. 62 north of the N. Base line Range, N. E. - wise of the 5th principal meridian. Also the further sum of two hundred dollars to John Mclane and one hundred dollars to Erastus Mclane, the said Erastus having traded off one hundred dollars of his equal portion of $200.00 with his brother John to his uncle, Thomas J. Lillard, for the purchase of a horse from him the said $100.00 to be paid the said Thomas in money which
shall constitute their entire portion of all my estate that might be coming to them, and should they each die leaving no issue of their body, then the above legacy to return to my estate.
     ITEM 9 I give to my son, Thomas J. Lillard, and his heirs forever a sum of money that shall make him equal including what is charged him in my account book with my son Christopher Lillard.
     ITEM 10 I give to my grandchildren, John and Ellender Dawson, children of my daughter, Agnes Dawson, dec., or the survivors of them one Negro woman named Malinda and her increase together with $200.00 to each of them or the survivors of them which shall be their entire portion of all my estate, but should they die having no children the said legacy to revert again to my estate.
     ITEM 11 I give to my son, James C. Lillard, and his heirs forever all that is charged to him in my book of accounts, provided it does not excel the amount charged to my son, Christopher Lillard, and if it does the overpart be deducted therefrom.
     ITEM 12 I wish my grandson, John Whittington, son of my daughter, Martha Lillard (late Martha Whittington, deceased) all that is charged to his dec. mother. Also in addition, at my death, one-third part as much as will be coming to my other children provided he lives to the year of twenty-one, but if he dies he is not to inherit it.
     ITEM 13 I give to my son, David M. Lillard, and his heirs forever the sum of two thousand dollars after deducting therefrom the amount charged to him in my book of accounts.
     ITEM 14 The remaining part of my estate not here named in my will nor in my account book as charged to my children I wish sold by my executors and the proceeds arising therefrom to be equally divided amongst my surviving children and heirs, except my grandchildren Erastus and John Mclane, John and Ellender Dawson, and John Whittington whose portions are already assigned them by this will. That my executors sell the estate on a credit of twelve months and that my Negros, Patta, Martha, George, and Emily and the balance of them be purchased by someone of my heirs that they be retained in the family of my children.
     ITEM 15 I will to my two little grandchildren, Agnes McGinnis, daughter of Elizabeth McGinnis, and Elizabeth Ann Lillard, daughter of Christopher Lillard, fifty dollars each in consequence of their great likeness as I conceived of their dec. grandmother Agnes Lillard, my beloved wife, provided they live till after my death.
     ITEM 16 I wish my executors, heirs, and all herein contained or concerned distinctly to understand that I have charged in my book of accounts, and so far as it goes, found a part of this will and testament which is here enclosed with the same, and is designed as directions to my executors to lead and guide them in the distribution of my estate.
     ITEM 17 I wish my family burying ground (if I do not have it posted and railed with cedar posts or enclosed with a stone wall during my life) my executors to have it done after my death and the expense thereof together with my other funeral expenses to be paid out of my estate.
     ITEM 18 I appoint my sons Christopher Lillard and Thomas J. Lillard or the survivors of them who may qualify as the executors of this my last will and testament, hereby revoking all others heretofore made by me. In testimony whereof I have hereunto set my hand and seal this 6th day of December, in the year of our Lord, one thousand eight hundred and thirty-seven.
     John Lillard.
     In the presence of: Jordan H. Walker
     John O'Dell /s/ John Lillard
     John Fidler
     CODOCIL: I bequeath to the children of my daughter, Elizabeth McGinnis, dec., the property in this will bequeathed to her. To wit:
Strether J. McGinnis, Thomas McGinnis, Hardin McGinnis, Sarah Ann McGinnis, late Saunders, dec., if she left any child or children, (if not, then her portion is to be equally divided amongst her surviving brothers and sisters, except her brother John L. McGinnis to whom I bequeath five dollars as his full portion of my estate) William W. McGinnis, Mary E. McGinnis, Agnes E. McGinnis, Ereamus D. McGinnis, and Martha E. McGinnis and their heirs forever. My granddaughter Ellender Dawson being now dead her portion two hundred dollars given her in this will, I bequeath to be divided equally among my heirs. In testimony whereof I have hereunto set my hand this 31st day of August, 1842.
     John Lillard
     In the presence of:     Tarlton Railey
     Jordan Walker
     C.     H. Fenwick
     CODICIL:     In reference to Elizabeth Walker mentioned in item 5, I do hereby disnnul all that I have there directed to be given her and her heirs forever. In witness whereof I have this 14th day of Feb., 1842, set my hand and seal.
     John Lillard
     In the presence of:     Jordan H. Walker
     C.     H. Fenwick
     On December 13, 1842, John Lillard, Jr., wrote additional directions to his Executor in the form of an additional will. The additional Will was not probated at the same time as the original will, but was recorded on July 12, 1844 and provides as follows:183
     Having made a deed to my son, C. Lillard and Thomas J. Lillard to land on which I now live, containing by survey 287 1/2 acres for the purpose of selling the same for the best price they can obtain and appropriating the proceeds in the following manner to wit:
     To my grandsons John L. Dawson and John MClane $200.00 each, to Erastus MClane $100.00, to Thomas J. Lillard $100.00 as per my will, to my grandson John L. Whittington 200.00 and a note of hand his father executed to me for 100.00 and interest thereon, to my granddaughters Ann Elizabeth Lillard, daughter of my son C. Lillard, $50.00, to my granddaughter Agnes McGinnis $50.00, to James C. Lillard $244.27, to Thomas J. Lillard $95.00 being the amount they advanced to John C. Lillard and William L. Butts, heirs of my son John Lillard, Jr., dec., John Whittington' s legacy is not to be paid him until he arrives at the age of 21 years. To my son, C. Lillard, $100.00 being the amount he advanced to Thos. J. Lillard out of his own money with 6 per cent thereon until paid. The balance to be equally divided between the heirs of my two dec. daughters, Elizabeth McGinnis and Susannah Collins' children, except John L. McGinnis he having rec'd his part. Should the land sell for more than $10.00 per acre all over that sum to be equally divided [words omitted in original] three sons Christopher, Thos. J., and D. M. Lillard after paying my sons C. Lillard and Thos. J. Lillard all expenses they bear and 5 per ct. on all money they may pay as above directed. Given under my hand this 13th day of Dec. 1842.
     John Lillard
     Test: (Jn. H. Carter
     (D.     M. Lillard
     State of Kentucky, Anderson County
     I, Jordan H. Walker, clerk of the County Court for the county aforesaid, do certify that at the county court held at the courthouse in Lawrenceburg on Monday the 12th day of June, 1843, this writing purporting to be the last will and testament of John Lillard, deceased, together with the codicils hereto annexed and an account book forming part of the same was produced in court and sworn by the oaths of Jordan H. Walker, John O'Dell, John Fidler, and C. H. Fenwick, subscribing witnesses thereto annexed to be the act and deed of the said John Lillard, deceased, whereupon the said writing, codicils, and account book foresaid were ordered by the court to be recorded which is done accordingly.
     Given under     my hand this 23rd day of June, 1843. Jordan H. Walker.³

     Mildred Ann Collins was born on 13 July 1810 at Mt. Sterling, Kentucky, USA.^1,2 She married James L. Duke on 20 May 1831 at Franklin Co., Kentucky, USA,
; her 1st husband.² Mildred Ann Collins married James P. Games on 23 December 1849 at Franklin Co., Kentucky, USA,
; her 2nd husband.²
Mildred Ann Collins died on 26 April 1889 at Mt. Sterling, Montgomery Co., Kentucky, USA, at age 78.²

     Agnes Collins married Hiram Egbert on 8 September 1831.¹

     Hiram Egbert married Agnes Collins, daughter of Capt. Robert Collins Jr. and Susanna Lillard, on 8 September 1831.¹

     John Lillard Collins married Mary Groves.²
John Lillard Collins was born in 1816.¹

     Miranda Collins was born on 29 December 1817.¹

     Elizabeth Collins was born in 1820.¹ She married Cove Johnson on 23 September 1839.¹

Elizabeth Collins died on 22 August 1844.¹