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Home / Secret heirs / Thomas Jefferson's will freed his two youngest sons by Sally Hemings, and his debts sent…
Case file s68 · Secret heirs · 1826
1826
Thomas Jefferson: Rembrandt Peale - Thomas Jefferson title QS:P1476,en:"Rembrandt Peale - Thomas Jefferson "label QS:Len,"Rembrandt Peale
Thomas Jefferson. Rembrandt Peale. Public domain, Wikimedia Commons.
Died
4 July 1826
Place
Monticello, Albemarle County, Virginia · United States
Field
president, planter · Politics and government on the timeline
Legal tradition
Virginia common law; slave law · Common law
Historical event
Fiftieth anniversary of the Declaration of Independence; expansion of slavery in the early republic
Religion
Thomas Jefferson: Other, Protestant and Anglican (recorded as deism, Anglicanism on Wikidata)
Member of
American Philosophical Society, American Academy of Arts and Sciences, Académie des Inscriptions et Belles-Lettres, Royal Netherlands Academy of Arts and Sciences, Warsaw Society of Friends of Learning, American Antiquarian Society, Democratic-Republican Party (Wikidata)

Thomas Jefferson's will freed his two youngest sons by Sally Hemings, and his debts sent 130 enslaved people to auction

Jefferson owed about $100,000 in his last months. In February 1826 the Virginia General Assembly approved a lottery to raise money for him. His will freed five men, all from the Hemings family: Burwell Colbert, John Hemings, Joe Fossett, and Madison and Eston Hemings, Sally Hemings's sons, who were approaching 21. He asked the legislature to let them stay in Virginia. Sally Hemings was not freed by the will. She left Monticello with her sons and was counted as a free white woman in the 1830 census. Her older children Beverly and Harriet had been allowed to leave in 1822. In 1827 a five-day auction at Monticello sold 130 enslaved people. Joe Fossett's wife Edith and their children were among them. He bought the freedom of his wife and two youngest children. In 1831 his daughter Martha Randolph sold Monticello for $7,500. In 1802 the journalist James Callender had printed that Jefferson fathered children with "Sally". In 1873 Madison Hemings told an Ohio newspaper that Jefferson was his father. In November 1998 a Y-chromosome study in Nature matched a descendant of Eston Hemings to the Jefferson male line. In January 2000 the Thomas Jefferson Foundation, which has owned Monticello since 1923, found a high probability that Jefferson fathered Eston and most likely all six of Hemings's children. In 2018 it called the matter settled.

What the law took from it

A will cannot carry out its gifts when the estate is insolvent; Jefferson's debts outranked every family he had.

Family version vs. the record

The Thomas Jefferson Heritage Society's 2001 Scholars Commission said paternity was "by no means proven", and in 2002 a majority of the Monticello Association, the white descendants' society, voted against admitting Hemings descendants ( The DNA study and the Foundation's research committee concluded Jefferson was the likely father (

Cite as: celebrity.estate, “Thomas Jefferson's will freed his two youngest sons by Sally Hemings, and his debts sent 130 enslaved people to auction,” story s68, https://www.celebrity.estate/thomas-jefferson-1826, updated 30 October 2026.

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