The Will in Question
Importance of the Will
The documents below showcase the Will of William Mason, a core piece of the puzzle for this case as it shows the breakdown of property that Mason had planned for his children. The most important wording though remaining at the bottom of the first page. Here it describes how his wife and future widow may overturn this will if she feels the need, leaving it up to the eldest two sons to care for the younger three children. Now what is interesting is these words apply to both defendants case as George Claims that the younger three were cared for by the eldest brother William. Whereas Ann’s family claims that before her death she had not received all her money and since her mother overturned the will it is part of George’s job to take care of it since it claims the two eldest sons must pay for it.
This document, along with the inventory is a very interesting for comparison as well, as Wills are important in seeing what the individual wants to be done with their possessions, but the inventory actually shows what they have and what happens to the said items.
The will also has the important clause of selling some of the land that William Mason had accumulated, the only reason to not be sold is if it is more profitable to keep or if a child wants to live on said property. Interestingly, when looking in Newspapers one can see many ads in the 1820’s with the child of William Mason, William Mason, trying to tell some of said land. This is where another important part of the case comes in, Kentucky. William Mason had a large sum of land in Kentucky that was meant to be sold so the profits could then be divided among the children. As highlighted later George Mason sends a disposition to show that the land was sold in Kentucky and the value was sent to the executor and then the said children or inheritors. Another important note to gather from the will is the fact that it does emphasize “and their heirs forever” when discussing money sold from this transaction to the said daughters. This is an important note since it is the family of Ann fighting for money along with the brother Edgar who also gets an important note in the will to pass him money from the sold land as well, presumably since he is male.
The Inventory
Here is the actual inventory of William Mason, this is an important distinction as the Inventory and the will are important for comparison as the Will is what the person wants to happen and the Inventory is what actually happens. This can be important as wills can be made many years ahead of time, things can change over time. Changes include loss of money or property, the gain of property and then the birth or death of a child or recipient. Here would be an important document for both people in this case again. For either George to prove that the youngest children were cared for or for Ann’s family to show she did not get everything she had been given. In this case one can see that both Edgar and Ann, both the younger siblings received, enslaved people, animals such as mules and hogs. Interestingly though it seems it was Ann’s husband, “J. F Heileman” or Julius Frederick Heileman, which goes back to the will’s clause that the property must be gained when 21 years old or when married. The idea that she herself no longer got the property and her husband got it instead is another interesting potential idea to look at with legacy.