Nicholas Russell made his will in 1829, but it was not recorded in the will book until 1854 due to the "fraudulent conduct" of some of his heirs. It was finally recorded at the order of the Nelson County Circuit Court due to a case brought before it regarding the freedom of six persons of color who were attempting to obtain the freedom promised them in his will.
Bullitt County Will Book F, Pages 21-23
Nelson Circuit Court, February Term 1854
David, Lewis, Ruth, Cena, Amy & Maria, persons of color, complainants against Ben All & Alex McCrocklins Admin, defendants.
This case having been submitted at the last term of the court and being now sufficiently advised of and concerning the premises, is of opinion that the paper filed in this cause in te complainants' bills, bearing date August 19th 1829 is a true copy of the last will and testament of Nicholas Russell, dec'd, and that the same ought to have been recorded in the Bullitt County Court. But the said paper by the fraudulent conduct of said Russell's heirs and interested persons was never recorded as required by law, in and by which will said complainants were declared to be free at the death of the testator, together with all their increase after that time; which paper is in the following words and figures, to-wit.
"In the name of God, Amen. I Nicholas Russell of Bullitt County and State of Kentucky, do make and establish this my last will and testament in the following manner; that is to say 1st, it is my will that after my decease my beloved wife Judith shall have any of my household furniture that she shall stand in need of, and further it is my will that my wife Judith shall have out of my estate $100 in silver to be paid to her whenever the money shall be collected from the sale of my land and other property. And further it is my will that after my decease the tract of land which I now live on, together with all my stack of horses, cattle, hogs and farming utensils shall be sold on twelve months credit, and out of the money arising from that sale all my just debts and funeral expenses to be paid, and the residue, if any there be, be equally divided among my children, namely John, Thomas, Benjamin and Eggy Crooks, and further it is my will that all my negroes, namely Amy, Maria, David, Ruth, Cena and Lewis, together with all their increase to be free at my death, and further it is my will that my friends George Markwell and Gideon Walker be appointed executors to this my last will and testament, hereby revoking all other wills heretofore made. In testimony whereof I have hereunto set my hand and seal this 19th August 1829. In presence of George Jones and Nelson King. (signed) Nicholas Russell"
Which paper purporting to be the last will and testament of Nicholas Russell, dec'd, the court is of opinion is the last will and testament of said Nicholas Russell, dec'd, and the Bullitt County Court is hereby directed to record the same as such. The court is of the opinion that under and by virtue of said writing said complainants are entitled to their freedom; that they are to all intents and purposes free persons of color, and are hereby adjudged and declared to be free persons of color.
State of Kentucky, Bullitt County Court, 21st July 1856
The foregoing will of Nicholas Russell, deceased, as authenticated, was on this day the 21st July 1856 produced in court, and being authenticated, is ordered to be recorded as the last will and testament of Nicholas Russell Sr., deceased, which is done accordingly.
Att. R. F. Samuels, clerk, by R. H. Lansdale, D.C.
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