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Estill County Will Book pg 428: Twelfth day of February 1848:
In the name of God Amen I Henry H Thomas of the county of Estill and State of Kentucky make this for my last will and testament being of sound mind and memory thank God for his mercies, First after all my honest debts are paid and my body laid away plain and in a Christian manner, I desire that my wife shall continue in my house during her natural life. If she should be the longest liver and have fifty dollars in money and as many negroes as she may seek cause to select to the amount of one third of my estate together with land her choice horse or horses, cattle, sheep, and in deed everything she may want for her own use. Secondly, I wish for my two boys Henry Clay Thomas and Marcus Lindsey Thomas to have the whole of the home tract of land save their mother's title and live upon it together without dividing of it permanently but may divide to suit themselves for their present convenience and each of them act during their lives for the other so as for it never to pass out of my or their heirs possession through all time and let it be understood that I desire the youngest son of each of them that have _______ to pass property forward heirs of each of them should pass after them and proceed as directed for them and in the event no male heir for either of them as above the oldest female and so one forever as long as time lasts that Marcus is to live in the house with his mother and a good house to be built for Henry at such place on the land as they may choose. Thirdly I wish my five daughters namely Jane B. Tuggle, Narcessa Norton, Pamella H. Hall, Patsy A. B. Norton, and Mary Jane Louisa Derickson to have one thousand dollars each made up to them out of any money that may be in my house or owing to me and if there should not be enough that the rest be made up to them but not by selling negroes all other property may be sold that is not reserved. Fourthly, I wish my Executors give my son Anthony H. Thomas two dimes or ten cent pieces as his legacy after these bequests are paid all the balance of my property I direct to divide equally between Jane B. Tuggle, Narcessa Norton, Pamella H. Hall, Patsy A. B. Norton, Henry C. Thomas, Marcus L. Thomas, and Mary Jane L. Derickson after their mother's death or at any time after my death to suit themselves. the negroes to be divided among those named as having title and never to be sold from my heirs, that is them that they be allotted through all time but if any of the said negroes should not suit where they are they may be sold or changed but the proceeds put into negro property to suit my heirs. But if the state should proceed to emancipate slaves then if my children do not choose to leave the state with their negroes they may sell them and buy land so as not to lose their property produced by my labor. My daughters and family know what each has received and that is to be counted in the thousand dollars and if any have had more they are to account for it I may say each has received five hundred or more dollars I direct that my sons Henry C. Thomas and Marcus L. Thomas execute this will faithfully without charging the legatees for their services and that they shall not be bound by the Court to give security as some Executors. And I further direct that this my last will shall be recorded as soon as convenient after my death that all the words and letters interred in my own handwriting be taken in as marked in this schedule that my Executors write out a copy of this will for each of the legatees and give to them that my posterity through all time may know how I wish that I hope I have got by the honest industry should pass. In testimony whereof I have hereunto put my hand and seal this day and year first above written and if there should be no witnesses names affixed to prove it let it be proven by those that know my handwrite.
Henry H. Thomas
The above will I wish recorded and as I am not versed in law I wish my friend Judge Goodloe or whoever may be the acting judge of this circuit court to qualify this will as near the law will justify him to what I express in the whole of the writing and if any of my legatees attempt to interfere to prevent its due course let their part be reduced to size & one fourth amt.
Henry H. Thomas
State of Kentucky Estill County Sct: I Morton M. Price clerk of the county and state aforesaid do certify that the foregoing last will and testament of Henry H. Thomas deceased was produced in Court and there being no subscribing witnesses to the same said will and each and every word thereof was proved to be in the handwriting of the decedent Henry H. Thomas by the oaths of E. Herndon and Ansel Daniel and the same was ordered to be recorded which is done accordingly with five dollars revenue stamps thereon.
Att Morton M Price C E C C