Nelson, a Slave in the Kavanaugh Family

©  Kathy Duncan, 2019

I follow lots of blogs where the blogger establishes their rules of research, so I am going to do the same.

Rule One: Always check the original source.

It is a mistake to rely on abstracts and transcripts of documents. We've all done that, and some of us for years, perhaps decades even, because the original documents were unavailable or prohibitively expensive. However, FamilySearch has remedied much of that problem by placing primary sources online and at our fingertips. Many of them are still unindexed and will never be indexed in detail. It is possible, however, to search a record group in the same manner that we once scrolled through microfilms - only now we can do it from the comfort of home.

William Kavanaugh's will is a case in point. His will was dated 15 March 1823 although most secondary sources place that date as 1825. It was proven six years later on 2 November 1829 in Madison County, Kentucky.

An abstract of his last will and testament appeared in Kentucky Pioneer and Court Records, page 59, by Mrs. Harry Kennett McAdams and was repeated on Mary Ann (Duncan) Dobson's webpage: E-21: March 15, 1825, will of William Kavanaugh. Wife Ruth, children, Archibald, Charles, Philemon; daus. Susanna Duncan, Ann Briscoe, Polly Oldham, Sally English. Witnesses, Henry Goodloe, John Harish, John Robertson and Thomas Warren. Exec's., Son, Charles Kavanaugh and William Goodloe. Probated Nov. 2, 1829.

This is the basic abstract that has been used by researchers for generations. There are, however, two sons of William Kavanaugh's who are missing from the list above, but who are named in William's will. One son was Nicholas who was deceased. There was, however, another son, and there are only a couple of reasons why this extra son might have been omitted. An earlier abstracter might have found the wording of the will confusing although it seems crystal clear, or the abstracter may have been too squeamish to include him. It is hard from this point in time to assign motives.

First, a look at William Kavanaugh's will as filed in Madison County, Kentucky, Will Book E, beginning on p. 21:

Click Image to Enlarge

Transcript:

W. Kavanaugh
Will

In the name of God amen I William Kavanaugh of the County of Madison and State of Kentucky being Sound in mind and memory make this my last Will and Testament. First I give and bequeath to my son Archibald Kavanaugh two negro Slaves viz Maklin and Sophia and their increase from this time. Item I give and bequeath to my two Grandchildren the son and daughter of my deceased son Nicholas Kavanaugh on the 25th of December in the year one thousand eight hundred and thirty four  two negro slaves viz Martha Ann and William or the Surviving one of them should one die. Item I give and bequeath to my beloved wife Ruth Kava-naugh all of my right title and interest of in and to all the Estate both real and personal that she possessed or was any way entitled to before our marriage with the increase thereof if any also one half of the cloth not made up at my decease and one half of the Bed and Bed furniture made by us, Also I give and bequeath to my Said wife, One hundred dollars and one good Bed and furniture and one third of all the neat gain we may have acquired while together. Also I lend unto my Said wife negro Martha Ann until the 25th day of December 1834 Should She live that long and in case of the death of my Said wife my son Charles Kava-naugh is to have the use of said Martha Ann until the 25th day of December 1834. Item I lend to my Son Charles Kavanaugh negro boy William until the 25th of December 1834. Item it is further my will and desire that my two negro slaves viz Lett and Nelson be emancipated and set free. And I give and bequeath to said Nelson on half of my Tract of land on Owsby's fork of the Station Camp Creek to be taken off at the lower end Said Tract. And I give and bequeath to my daughter Susannah Duncan fifty dollars. It is further my will and desire that all the negroes I may die possessed of (and not otherwise disposed of) be sold among my Children to the highest bidder on the credit of one year  No person to purchase but them. Negro Nancy excepted and she is to chose her master or mistress among my children and the one she choses is to have her at her valuation. But should the one she choses refuse to take her then in that case she is to sold under the same restrictions

the other Negroes are to be Sold and the Money arising from the value of Negroes aforesaid and arising from the Sale of all the residue and remainder of my estate both real and personal which is hereby directed to be Sold at one year Credit to the highest bidder be (after paying all my Just debts and Legacies) divided equally between my daughters Susannah Duncan, Anne Briscoe, Polly Oldham, Sally Engish, Sons Philemon Kavanaugh, Charles Kavanaugh, Archibald Kavanaugh, and Nelson (whom I have and do by these present Set free). Item I hereby Constitute and appoint my Son Charles Kavanaugh and William Goodloe Executors of this my last Will and Testament and I do by these presents revoke and make null and Void all former wills made prior to this present date. In testimony whereof I have hereunto Set my hand and Seal the 15th day of March in the year of our Lord Christ One thousand eight hundred and Twenty three.

William Kavanaugh his seal

In presence of Henry Goodloe, John Harris, John Robertson, Thomas Warren
Kentucky Madison County
At a County Court held for Madison County on Monday the 2d day of April November 1829 this instrument of writing was produced in open court and proven to be the last will and Testament of William Kavanaugh Decd by the oath of Henry Goodloe, John Harris and Thomas Warren all Subscribing witnesses thereto and Ordered to be Recorded and the same has been done all accordingly. Atteste David Irvine


This will leaves little doubt that Nelson, a slave, was yet another son of William Kavanaugh's. Even if one tries to dismiss his inclusion in the list of sons as an awkward listing of heirs, one cannot dismiss the fact that he was to inherit a full share along with other recognized children of William Kavanaugh. In other words, he was to receive a full child's share.

I can't help wonder what the other Kavanaugh children knew of Nelson's existence as their brother. Did they know all along that Nelson was a brother? Was his connection only acknowledged in hushed whispers? Were they in denial? Did they only find out at the reading of will? If Nelson's existence was William Kavanaugh's secret from his family, he was willing to let Henry Goodloe, John Harris, John Robertson, and Thomas Warren in on that secret.

I do have a few insights. If Nelson was old enough to be emancipated, he must have been of age by 1823. That means he was probably born during the marriage of William Kavanaugh and his first wife Hannah Woods.

However, I have far more questions. What was significant about the date 25 December 1834? That is the day when many of the slaves would no longer be serving the Kavanaugh children. What was supposed to happen then? Was Nelson still living when William Kavanaugh died in 1829? Was he set free? Did he receive his land and his child's share? What name did he go by after 1829? A quick peek in Madison County, Kentucky does not reveal a Nelson Kavanaugh.

There is a lot more research to be done on brother Nelson. Probate and land deeds need to be searched thoroughly for starters.

Nelson Kavanaugh Gets His Freedom and His Land

Will of William Kavanaugh; Madison Co., KY

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh in the Republic of Texas

Nelson Kavanaugh Loses his Papers

Nelson Kavanaugh Owes Land Tax