A disturbing will

This document, rather the transcription, is part of a bundle of papers given to me by my late Uncle Bernie.

I photocopied it and used OCR (optical character recognition) to get it onto here. I find the will causes me some distress, but if you can think of it in terms of the date it was written, and where it was written then as an historical document it gives an unsettling insight into that society. Anyone who reads this who is a descendant of Richard Augustus Colclough this is not a comment on you, it might not even be a comment on him, I suppose we are all products of our time. In fact there was a namesake of mine who went to the West Indies and became a plantation manager in the late 1700's. More of which when I get to it

Irish people along with most Europeans do not have a proud history relating to slavery, think of St. Patrick. The city where  I live, Swansea was the world centre at one stage of copper production, ingots of which were used in the slave trade, Bristol just across the channel built its prosperity on it. 

Anyway the idea that a person can leave another human being to their sister in their will is horrific in my modern psyche, but I feel shame that this is present in the family who's name I bear.

It puts the financial,sexual and litigious shenanigans of some of our other ancestral relations into perspective.

Feel free to comment....

COPY WILL OF RICHARD AUGUSTUS COLCLOUGH dated 16th Dec.1862

Richard Augustus Colclough, Esquire, Attorney at law of the City and County of Montgomery and State of Alabama, one of the Confederate States of America, being in ordinary health, and of a sound and disposing mind, do make, ordain, publish, and declare the following as and for my last will and testament. To wit 

FIRST: my executors herein after named, are hereby directed immediately after my death to collect all debts, due me, and to sell, either at private or public sale, as they may think proper, the whole of my estate both real and personal, excepting such property as may herein be specifically devised and then out of the debts so collected and the product of the said sales, to dispose thereof in the following manner:

1st. to pay and discharge all my just debts.

2nd. to divide the balance left into four equal shares and then to pay over the same as follows to the following persons

To my sister Catherine Colclough now of the City of Montgomery aforesaid one fourth.

To my sister Mary Colclough now of Ormond Cottage, City of Kilkenny, Ireland, one fourth.

To John Bagnal and Fannie Martha Boyd of Ireland, Children of my deceased sister Martha Colclough who intermarried with Doctor James Boyd, Ireland, as in common one fourth. 

To George Jephson son of my deceased sister Harriet Colclough who intermarried with George H Jephson, Ireland, one fourth.

SECOND: I will and bequeath to my sister Catherine Colclough as a specific legacy my negrowoman slave Diana. Also the other following articles and property to wit, the which worn and carried by my venerable Father Bagenal Colclough, all the family Pictures and Portraits, all trinkets, also all my silver ware and plate of every description, also my entire library and stock of books, excepting only my law books, which are to be sold as in the first clause of this will directed.

THIRD: I direct my executors should the same not be completed before my death, to have completed and erected the monument engaged by me of Barnard Young for the burial ground owned by me in the City Cemetery and have the same enclosed by a neat and substantial Iron railing.

FOURTH: If at the time of my death there should be any unfinished of my professional business remaining: I direct my Executors to employ and retain one or more Counsel able and learned in the law to finish and complete such business. FIFTH: I nominate, constitute and appoint my friends DrThomas Taylor of Mount Meigs, Alexander Bell, Joseph Hale, and David Campbell, one or more of these as executors to this my last will and 'testament, hereby revoking and setting aside all other wills by me heretofore made, and declare this to be my last will and testament, witness my hand and seal this 16th day of December 1862.

Testator died in Alabama 11th April 1865.

I think Catherine and Diana lived into old age together. JC