Allied Families: Non-Rainwater wills

The Will of Daniel Ball, 1882, Warren Co., NC, abstract
The Will of Blatchley Caughron, ca 1823- 1873, Pulaski Co., KY
The Will of Banner Compton, ca 1781- 1818, Adair Co., KY
The Will of Micajah Compton, ca 1798- 1853, Pulaski Co., KY
The Will of John J. Cooper, ca 1828-1907, Pulaski Co., KY
The Will of Levi Cooper, 1792-1858, Pulaski Co., KY
The Will of Balzer Darter (Tarter), died post 1800, Wythe Co., VA
The Estate Settlement of Josiah W. Duck, Jr., ca 1801-1855, Pulaski Co., KY
The Will of Job Felton, July 1812, Oglethorpe Co., Georgia
The Will of Thomas Fussell 1676-1735, Bertie Co., NC
The will & probate of Jesse Gibson, 1838, Livingston Co., KY
The Will of John Hammonds, Sr. 1848, Pulaski Co., KY
The Will of Rev. James Hembree, 1849, Anderson District, SC
The Will of Bartholomew Hodges, 4 July 1826, Surry Co., NC
Report of the Commissioners of the Estate of Edward Kellum 1787-1864, McLennan Co., TX
The Will of John Linn, Jul 1851, Warren Co., GA, abstract
The Will of William McElhiney, died ca 1801, Grainger Co., TN
The Will of Jacob Tarter, ca 1795-1874, Russell Co., KY
The Estate Settlements of John Tarter, Sr., ca 1760-1849, Pulaski Co., KY
The Will of David Trimble, died ca 1798, Bourbon Co., KY
The Will of John Milton Weddle, Sr., ca 1776-1842, Pulaski Co., KY
The Will of Solomon Weddle, 1822-1890, Pulaski Co., KY
The Will of John Milton "Jack" Weddle, Jr., 1807-1891, Pulaski Co., KY

The Will of Daniel Ball, 1882, Warren Co., NC

Warren Co., NC
Written 25 Apr 1822, Proved Nov 1822

Book 24, pg 187

Mildred Robertson, sometimes called Ball, shall reside at my house and on my plantation during her lieftime and may have Negro Mary (Mariah's oldest child) to wait on her and she is to have the use of my land for her benefit. She is to live with my family on the plantation, and my son James Ball is to provide for her from the plantation. Son James Ball [shall receive] the plantation where I now live and all that is on it to be used for the support of Mildred Robertson, also Negros Nancy, Mariah, Esther, Essex, Hannah, Priscilla, Mary, and Henry. To my illegitimate son Richard and his heirs, a colt. To Sally Pretty, a bed. If my son James should marry, and he and his family cannot live peaceably with Mildred Robertson, then he is to build a house on the other part of the land, and he is not to be disrespectful to her by voluntary act.

Executor: Dennis O'Bryan
Witnesses: William Montgomery, Temperance {x} Folkner

Codicil 26 Apr 1822
To my two daughters, Patty Seruggs and Nancy Rainwater, one dollar each
Witnesses: William Montgomery, Temperance {x} Folkner

From Warren County Will Abstracts, 1779-1844, Vol. 1, pg 8, by David B. Gammon

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The Will of Blatchley Caughron

18 August 1873 Pulaski County, Kentucky
Book 7 Page 28

In the name of God, Amen. I, B. C. Caughron of the county of Pulaski and State of Kentucky being sick and weak of body but perfect and sound of mind and memory, and calling to mind the mortality of the body and that it is appointed to a man once to die, do by these present make, constitute and appoint this my last will and testament in manner and form following, to wit:

My will and desire that after my decease, my body be committed to the earth from whence it was taken, in decent Christian-like manner by my surviving friends and that all my fees and debts be paid out of my remaining estate by my executrix. I appoint my beloved wife, Elizabeth E. Caughron, to wind up my estate without her giving bond. My will and desire is that my beloved wife, Elizabeth E. Caughron, have and hold all of my personal property to dispose of as she pleases. I have given my son, Joel Thomas Caughron, the sum of one hundred and fifteen dollars. My will and desire is that Caroline E. Caughron have one hundred and fifteen dollars out of my estate. Also Theophilus W. Caughron [and] Sarah E. Caughron all have one hundred and fifteen dollars to make them equal to the amount that I have given to Joel Thomas Caughron, to be given at the decision of my executrix, Elizabeth E. Caughron. My will and desire is that my wife, Elizabeth E. Caughron, have the tract of land on which I now reside, to have and to hold it, and the proceeds arising from said farm to have and to hold during her natural life and after her death, that all my real and personal estate be divided among my heirs equally, to wit, Joel Caughron, C.E. Caughron, T.W. Caughron, S.E. Caughron

In testimony whereof I set my hand and first my seal.
B.C. Caughron [seal]
Witnesses: S.B. Gossett [seal], John Prather [seal]

State of Kentucky, August Term, Pulaski County Court
August 18th 1873
A writing purporting to be the last will and testament of B.C. Caughron, deceased, was this day produced in open court and proved according to law by the oaths of S.B. Gossett and John Prather, the two subscribing witnesses thereunto, and adjudged by the court to be the last will and testament of the said B.C. Caughron, deceased, and ordered to be recorded.

I certify that the above and foregoing is the true record of the will of B.C. Caughron, deceased, and order of Court admitting the same to record.
Witness my hand this 18th 1878, [unreadable] E.D. Perch, clerk, Pulaski County Court

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The Will of Banner Compton

3 August 1818, Adair County, Kentucky

In the name of God, Amen. I, Banner Compton, being sick of body but of perfect mind and memory, thanks be to Almighty God, calling to mind the mortality of my body and knowing that it is appointed and meet for all men to die, do make and ordain this my last will and testament. That is to say, first of all, I give and recommend my soul unto the hands of Almighty God that gave it, and my body, I recommend to the earth to be buried in a decent and Christian manner at the direction of my executors, nothing doubting, but at the general resurrection, I shall receive the same again by the mighty power of God. And as touching such worldly estate whereunto it both pleased God to bless me within this life, after my executors paying all my just debts and funeral expenses, I give and dispose of my estate in manner and form as follows. That is to say —

First I give and bequeath to my beloved wife, Catherine Compton, one hundred and fifty acres of land whereon I now live. Also one third part of my stock and one third part of my household and [unreadable word] furniture together with my new still, her lifetime or enduring her widowhood.

The above named tract of land I give to my son, John Compton, at my wife's death or at the end of her widowhood, together with the still.

I also give my son, William Compton, one hundred acres of land, more or less, beginning at John Hammond's line on the hillside near the branch, running thence up the branch leaving out all the waters up to the fork of Sara Branch, thence a straight line to Foxes and arches Dogwood Corner, thence a straight line to the west corner of Tone's little field, and to ordain adjacents and thence following the various corners of said, draw up to Hampton's Corner three dogwoods.

I also give to my son, Micagah Compton, one hundred and seventy acres of land more or less, including the improvements I bought of Arelier and Fox, and the mill adjoining the dividing line as named above.. As also, one hundred and thirty acres on the waters of the Canney Fork of Wolf Creek, entered and surveyed in my own name joining Arelier's line. Also, my blacksmith's and carpenter's tools.

I also give unto my son, Burrel Compton, one hundred and sixty acres of land, entered in Israel Cross's name and patented in my own name. As also, twenty five acres entered and patented in my own name adjoining the east side of the above named one hundred and sixty acres. As also twenty five acres, more or less, entered in my own name and patented in John France's name joining the aforesaid tract of land on the other side of said tract. As also my little still.

I also give to my daughter, Charlotte Cross, five hundred acres of land on the waters of Goose Creek of Green River, entered and surveyed by James William, including the improvements where she now lives.

I also give to my daughter, Sally Hampton, five dollars to be paid to her by my executors. I also give to my four daughters, Sukey, Rachel, Polly, and Catherine Compton, all the money that the balance of my personal estate will fetch by virtue of a sale of the personal estate I left to my wife at her death or end of her widowhood, to be sold. As also the notes and bonds when collected, the money arising from the property not willed to be equally divided among the four last named daughters.

And I do further nominate and appoint my worthy and loving brother, as also my loving son-in-law, Nathaniel Wilson and William Cross, my executors of this my last will and testament, as also to have an eye over my son, John Compton, as guardian that he may not mismanage the property bequeathed to him.

Signed, sealed and delivered this third day of August in the year of our Lord, one thousand eight hundred and eighteen in the presence of us - -
Banner Compton [his mark and seal]
Witnesses: William Mirideth, D. Warren, James Warren, Catherine Compton [her mark and seal]

State of Kentucky
At a county court begun and held for the County of Adair at the courthouse in Columbia on Monday the 7th day of September 1818, this last will and testament of Banner Compton, deceased, was exhibited in court and proven by the oaths of James Warren and David Warren, subscribing witnesses thereunto, and ordered to be recorded. And on the motion of Nathanial Wilson and William Cross, the [unreadable word] therein named the executors thereof was granted, then they having taken the oaths required by law and executed and ack'd bond in the penal sum of $2000, with Solomon Cross and John Hammonds, their securities conditioned as the law directs.
M. Caldwell, County Clerk

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The Will of Micajah Compton

February 1853 Pulaski County, Kentucky
Book 4 Page 233-236

In the name of God, amen. I, Micajer Compton, of the State of Kentucky and County of Pulaski, being sick and weak of body, but of sound mind and disposing memory, for which I thank God, and being desirous of disposing of all such goods and chattels as it hath pleased God to bless me with, do hereby make and constitute this as my last will and testament, in words, manner and form following, (to wit)

I give and bequeath to my beloved wife, Margaret, my home tract of land whereon I now reside, together with all the living stock which is now on the farm, (to wit) horses, cattle, hogs, sheep and farming tools and all the household and kitchen furniture and wagon for her use and benefit, so long as she remains my widow. And that she have the benefit of the mills, or so much thereof as will be sufficient to furnish her and her family with bread, both corn and flour, so long as she remains my widow. If she should marry, she will thereby forfeit the claim and all the provsions made for her in this my last will and testament, and only the household property which is to belong to her till her death and at her death, all the household and kitchen furniture shall be equally divided between my two daughters, Mary and Martha, for them and their heirs.

I give and bequeath to Sally Ann Bernard (my oldest daughter) and Thornton Bernard, her husband, fifty acres of land, being the tract of land whereon her husband now lives. To [unreadable] off [unreadable] on the west side of [unreadable proper name] and joining Andrew Jasper's land to them and their heirs forever.

I give and bequeath to my son, Anderson, the tract of land whereon he now resides on the east side of the creek. All the lands on said east side of the creek, supposed to be fifty acres, to him and his heirs forever.

I give and bequeath to my son, John R., the tract of land whereon he now resides running with the condition line between him and Bernard and with the conditional line [unreadable] is marked running with the Waugh Line in as to include and contain [unreadable] [horses or houses] in nearly a square form. And I further more give and bequeath to my said son, John R., a mill seat known as the old Combest Rd Mill Seat with a sufficiency of land adjoining for milling & lumber. Also I give to him my blacksmith tools, to him and his heirs forever.

I give and bequeath to my son, Jacob, the tract of land on the south side of the creek known as the Knot Tract, supposed to be about 52 acres, to him and his heirs forever.

I give and bequeath to my son, Samuel, one tract of land known as the Bollen Tract, supposed to be about 24 acres, to him and his heirs forever.

I give and bequeath to my son, William, a tract of land lying north of the apple orchard on the west side of the creek and adjoining John R. Compton's land, 52 acres with the knowledge and right of stock water reserved to the home place and also my mills out of the [unreadable] of which my wife, Margaret, and family [unreadable] to be ground in bread [unreadable].

I give and bequeath to my sons, Harrison and Erasmus, the home tract of land which is to be equally divided between them, as also all the stock which may be on the farm. Wagons, tools, etc. which they [unreadable] to be made whenever my wife, Margaret, shall cease to be my widow.

I furthermore will and bequeath that at my death, all my cash notes shall be equally divided between my sons, John R., Harrison and Erasmus, and my daughter, Martha Rainwater, after my debts are paid out of them. And lastly, I hereby appoint my friends, Josiah W. Duck & William L. Carter, executors of this my last will and testament, and desire them to make conveyances of the land, and so that the will is carried out in [unreadable] spirit and meaning hereby revoking all and every other will or wills by me at any time formerly made.
Micajah Compton, February 1853

State of Kentucky, Pulaski County Sct.
At [unknown abbreviation] County Court hold for the county aforesaid at the courthouse thereof in the town of Somerset on Monday, the 17th day of October A.D. 1853, Margaret, widow of Micajah Compton, deceased, now Margaret Whitaker and Samuel Whitaker, her husband, having been appointed by said court at a former time thereof and having been duly summoned to produce to said court the last will and testament of Micajah Compton, deceased, appeared in obedience thereof and being sworn in open court, stated on their oath that the will of Micajah Compton, deceased, had been purloined from her, the said Margaret, and that they had no knowledge of where the said will of Micajah Compton at that time, and therefore could not produce it. And thereupon, Josiah W. Duck one of the enrollers named in the said will of the said Micajah Compton, deceased, as aforesaid produced for the court the foregoing instrument of writing [unreadable] true copy of this last will and testament of the said Micajah Compton, deceased, and thereupon Anderson Compton, one of the devisers of said decedent by his Atty appeared in open court and opposed the probate of said instrument of writing, alledging that it was not a true copy of the last will and testament of the said decedent, and after the evidence of several credible and respectable persons who were present at the time of the signing and delivering of the last will and testament by said decedent, as also the evidence of the subscribing witnesses thereto, the court was of the opinion that the said instrument of writing was a true copy of the true last will and testament of the said decedent and ordered to be recorded as such, and the same is done accordingly.
Att. J.D. Allcorn, Clerk

We, Samuel Whitaker and Margaret Whitaker, his wife, late Margaret Compton widow of Micajah Compton, deceased, do formally relenquish what is given to the said Margaret Whitaker by the will of her deceased husband, Micajah Compton, and ask that for [unreadable] and her disreputable claim in said estate as if no will has been made.
Samuel Whitaker, Margaret Whitaker

October 11, 1853
State of Kentucky, Pulaski County
I, James D. Allcorn, clerk of the county court for the county aforesaid, do certify that the foregoing renunciation by Margaret, widow of Micajah Compton , deceased, (now Margaret Whitaker) and Samuel Whitaker, her husband, of the provisions made in the last will and testament of said decedent for her, the said Margaret, was on the 1st day of October A.D. 1853, proceeded to one in my office and acknowledged by the said Margaret Whitaker and Samuel Whitaker, her husband, to be their act and deed and upon which the same hath been duly admitted to record in my office.
Atty. J.D. Allcorn, clerk

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The Will of John J. Cooper

11 September 1907 Pulaski County, Kentucky
Book 7 Page 463

Know all men by their presence that I, J.J. Cooper of Waterloo, Pulaski County State of Kentucky, being in ill health but of sound and disposing mind and memory do make this my will and testament. First my will is that all my just debts and funeral expenses be paid out of my estate by my executors herein after named as soon after my decease as they shall find convenient. Next I give and bequeath to my wife, May A. Cooper all the rest of my estate, real and personal and mixed to which I shall be entitled to at my decease, which she is to have and to hold for her own special use, this devise or bequeath includes the homestead on which we now live all north of the conditional line between myself and Howard M. Cooper, to have and to hold with all the improvements so long as her natural life shall last. But if I find at any time that she does not want a home at this homestead, the executors there in power may sell this homestead for her special benefit having power to deed it as if it were there own, warranting the deed forever, letting Mary abjour in making the deed. My executors may sell any other property, take care of money not needed, loan it out with approved security 'til needed, advise her and see after her necessities all the way through, 'til her demise, then pay her funeral expenses and if the old homestead has not been sold, my executors or those who may be acting at the time according to the provisions of this will herein named further on shall as soon as convenient sell the homestead, and the executors being remunerated, then the executors shall divide the remainder of my estate equally between my heirs making Nancy Marian, my step-daughter, equal with the other heirs; my wife having the privilege at any time to make any donation she may deem proper and right for [unreadable] purposes and furthermore, it is my will that the said executors shall suitably mark each of the following graves with slabs or gravestones: Sarah Frances Cooper with her little ones which can only be [unreadable], J. J. Cooper, Mary Ann Cooper, Roena Frances Cooper, David William Cooper, Jack Porter Cooper, and lastly I do nominate and appoint my said sons, Levi Cooper, Howard M. Cooper, and Rutherford R. Cooper, to be my executors and if for any reason they should all fail to suit then May A. Cooper and my two oldest sons then living may appoint another one or two as they please to fill the place of those that I have appointed giving the same authority as though I had appointed. This being my last will and testament I, John J. Cooper, do hereunto subscribe my name and affix my seal this the 11th day of July in year of our Lord nineteen hundred and seven.

John J. Cooper
In the presence of these my witnesses and [unreadable] the presence of each other subscribe out names as witnesses: L. F. Cooper, Howard Malcolm Cooper, Rando R. Cooper
Attested John M. Floyd, D.C., and Ermina Cooper

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The Will of Levi Cooper

1858 Pulaski County, Kentucky
Book 5 Page 265-266

I, Levi Cooper, being weak in body but of sound and disposing mind do hereby ordain this a [unreadable word] last will and testament. (viz) —

I give unto my wife, Nancy, all my property and effects, both personal and real, to have, have and to hold, for her special benefit, that she may be enabled to raise and educate her infant children. I give her full power to sell and convey any property both personal and real, or with the advice and counsel of my administrators may [unreadable word] or [unreadable word] any thing in regard to the estate that I myself of [unreadable word] do. I hereby appoint, constitute and ordain John J. Cooper and Raymond [unreadable proper name] to be my legal administrators.
Signed, sealed and delivered in the presence of Levi Cooper [seal]
Attest: Samuel [unreadable proper name], Alexander Chumbley

State of Kentucky, Pulaski County Sct.
J.G. Ames, J.D. Allcorn, Clerk of the County Court for the County aforesaid.
Page 266, which includes the filing and an inventory, is completely unreadable

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The Will of Balzer Darter (Tarter)

Wythe Co., VA, Will Book #1, pg 149

In the name of God, Amen. This the 16th day of February in the year of our Lord one thousand eight hundred, I, Balzer Darter, of Wythe County and the State of Virginia, being at present very sick and weak in body but of sound and disposing mind and memory and understanding, thanks be to God, calling unto mind the mortality of my body and knowing that it is appointed unto all men once to die, do make and ordain this my last Will and Testament; that is to say principally and first of all I recommend my soul into the hands of God who gave it, and my body to the earth to be buried in a Christian like and decent manner, and touching my worldly estate, wherewith it hath pleased God to bless me in this life.

I give and devise and dispose of the same in the following manner and form:

1st. It is my will and I hereby order that all my just debts and funeral expenses be paid off and satisfied as soon as conveniently may be after my decease.

2nd. It is my will and I do hereby order that my wife, and my three youngest sons, Fredericks, Christian and Daniel, shall live together on my land on the waters of Cripple Creek until my youngest son, Daniel, be of age, then it is my will that the said land shall be equally divided into three parts, one third part thereof with the mansion house shall be for the possession of my wife; the other two moities or thirds shall be equally divided amongst the three aforementioned sons, and in the case that one of them is able to purchase the shares of the other, it is my will that:

3rd. My will and I do ordain that my three above named sons shall elect and chose three fit and honest freeholders of, who shall appraise and value the said land, and according to the valuation, he shall pay to the other brothers.

4th. It is my will and I do order that a third part of the land which my wife shall be in possession during her life shall after she decease also go in equal division to my aforementioned three sons, and according to the appraisment and valuation of three men the one who shall purchase the other's part shall pay to the other brothers.

5th. It is my will and I do order out of the money upon hand and due me from others, first and foremost my brother, Nicholas, shall pay fees due the Loyal Company.

6th. It is my will and I do so order that all my personal estate be and remain in the hands of my wife and three sons aforementioned without making sale after my decease, to be equally divided in three parts as soon as the youngest is of age, one third to go to my wife and the two other thirds in equal shares to my three first mentioned sons.

7th. It is my will and I order that after my decease, all the increase of my livestock until the time my youngest son comes of age shall be equally divided between my wife and my youngest son, Daniel; and then the remainder of the old stock to be divided as mentioned afore.

8th. It is my will and I order that my three sons above mentioned shall as soon as the youngest is of age and the division of the personal estate taketh place, from their shares pay to my daughter, Margaret, five pounds together, and to my daughter, Catherine, the like sum together or jointly.

9th. And lastly I do nominate and appoint my beloved wife Magdalene, and my friend Stanger, to be Executor of this my Last Will and Testament; hereby revoking, disanulling and making void all former Wills heretofore by me made, ratifying this and no other to be my Last Will and Testament. In witness whereof I hereunto set my hand and seal the day and year first above written.
Balzer {his X mark} Darter {seal}

Pronounced and delivered by the said testator as his last Will and Testament in the presence of: Peter Spangler, Peter Wisely, Samuel Repass
Recorded Feb. 11, 1800

Transcription from "The Darter-Tarter Family" by Oscar H. Darter, 1965, out of print

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The Estate Settlement of Josiah W. Duck, Jr.

10 April 1860 Pulaski County, Kentucky
Book 5 Page 483

A settlement made with John R. Compton and C. C. Gossett, administrators of the estate of Josiah W. Duck on the 10th day of April, 1860 at the clerk's office in the town of Somerset by J. D. Allcorn, Commissioner of the Pulaski County Court.

 
    I find the administrators chargable with the amount of sale bill      190.70
    Same ditto amount of note on T. Bernard                                22.00
    Same ditto to balance of note on Owens                                  9.50
    Same ditto to debt on H.T. Minks                                       10.60
    Same ditto to debt on Molen and Tarter for land                       262.00
    Same ditto to amount due from J.R. Compton for land                   359.00
                                                                          ------
    Amount of indebtedness by administrators                              853.80

    Cr.Aditrators By
    ----------------------------------------------------------------------------
    William L. Porter's receipts                                            6.66
    J.M. Weddle's account                                                   7.50
    J.M. Weddle ditto                                                      12.80
    Sheriff Richardson's account                                            2.44
    Joshua Taylor's account                                                 2.75
    Zachariah Easam's account                                               5.00
    C.W. Richardson's sheriff account                                       0.34
    S.D. Cundiff's account                                                  0.82
    Sheriff Richardson's account                                            2.50
    By J.R. Compton's account, proven                                      26.40
                                                                          ------
                                                                           67.21

    Amount of Debt brought over
    ----------------------------------------------------------------------------
    Amount of credits                                                      67.21
    To administrator's allowance                                           40.00
    For making this settlement                                              1.50
    Fee to clerk for orders, etc.                                           1.00
                                                                          ------
                                                                          109.71

                                                                          853.80
                                                                          109.71
                                                                          ------
                                                  Balance due estate      744.09 
    
All of which is respectively reported. J. D. Allcorn, Commissioner
This settlement shows the administrator's indebted to the heirs and distributee the sum of $744.09. The following amount has been paid by the administrators of J. W. Duck, deceased, to the heirs and distributees.
    To Ann W. Duck, received                                               54.24
    To J.T. Gossett, received                                               8.75
    To Martha J. Duck, received                                            19.10
    To J.T. Gossett                                                        20.00
                                                                          ------
                                                                          102.09
    
State of Kentucky
County of Pulaski, sct.

I, James D. Allcorn, clerk of the county for the court aforesaid do certify that the foregoing settlement by J. R. Compton and C. C. Gossett, administrators of J. W. Duck, deceased, with J. D. Allcorn, Commissioner of the Pulaski County Court, was filed in my office on the 10th day of April, 1860 for record and at the June term 1860 was ordered to record it having lain over one term for exceptions as required by law. Whereupon the same together with this certificate hath been duly recorded in my office.

Given under my hand this 23rd day of July 1860
J. D. Allcorn, clerk

Transcription from photocopies of the original
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The Will of Job Felton

July 1812, Will Book B, Oglethorp Co., GA

In the name of God amen, I Job Felton of the State of Georgia & County of Oglethorpe being very sick & weak in Body But of perfect mind & memory, thanks be given therefore do make & ordain this my last will & testament, that is to say principally & first of all I give & recommend my Soul unto the hands of God that give it. & for my body I recommend it to the Earth to be buried in a Christian like & decent manner at the disposition of my executors & as touching such Worldly Estate, where with it has pleased god to Bless me with in this life, I give devise & dispose of the same in the following manner & form In premise. It is my will & I do order that in the first place all my just Debts & Funeral Charges be paid & satisfied.

Job x Felton [seal]
his mark

Sign'd seal'd & Delivered in the presents (sic) of
Thomas Thurmond
John Lester
James Stamps
Jas Suckie

I John Lester & James Stamps do Solemnly Swear that we was the within named Job Felton did Sign Seal publish & declare the within instrument to be his last will & testament and at the time of his doing he was of Sound mind & Memory to the best of their knowledge & belief.

Sworn to & Subscribed July term 1812
James Stamps
John Lester

The Estate file includes receipts from the following heirs:

Contributed by Bill Rainwater. Transcribed from LDS film #1893260

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The Will of Thomas Fussell, 1676-1735, Bertie Parish, NC

4 Jun 1735, Bertie Parish, North Carolina

In the name of God, Amen. I, Thomas Fussell of the parish of Bertie in North Carolina being somewhat sick in body but of a sound, perfect, disposing mind and memory, thanks be to Almighty God for the same, and calling to mind the uncertain state of this transitory life and that all flesh must yield unto death when it shall please God to call, do make and order in this my last will and testament in the manner following:

First of all, I commend my soul into the hands of Almighty God hoping through the merits of my only Savior Jesus Christ to have full remission of all my sins and to inherit eternal life, and as to my body I commit to the earth from whence it came to be decently interred at the discretion of my Executor named, and as for my temporal estate wherewith it hath pleased God to bless me, I give and dispose of in the manner following, viz, in the first place, I do give or bequeath to my eldest daughter Elizabeth the wife of Gilbert Weaver, six hogs. Likewise to my daughter Mary the wife of John Rainwater, six hogs. Also to my daughter Martha the wife of John Arnal other six hogs more, and to my daughter Ann I do bequeath ten hogs. Likewise to my daughter Sarah, other ten hogs more. Likewise to my daughter Ann, I bequeath the gray horse called Shaver and the gray horse called Squirrel to my daughter Sarah. Also to my daughter Ann, I give the wooling wheel, two cows, two yearlings, one dish, one basin, one blanket, five hundred slay. Likewise to my daughter Sarah, I give two cows, two yearlings, one dish, the pot and cotton cards, the bed and two blankets belonging to the house. Likewise to my daughter Elizabeth the wife of Gilbert Weaver, I give the linen wheel and the four hundred slay. As for my son, Aaron Fussell, I make him my fully and wholly Executor of all the rest of my personal estate, as witness my hand this fourth day of June in the year of our Lord God 1735.

Thomas (X) Fussell
[Witnesses] William (X) Weaver, Richard (X) Head, John (X) Cook

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The will & probate of Jesse Gibson, 1838, Livingston Co., KY

Livingston Co., KY
L1541 Book "C", Inventory, Appraisement and Sale Bill Book, 1834-1842
16th day of November 1838

State of Kentucky, Livingston County Sct.
Alexander Coleman, Heil Parmley and John Flemming [or Flummry], who have been appointed by the Livingston County Court to view and appraise the personal estate of Jesse Gibson, dec'd., personally appeared before the subscribers a Justice of the Peace for said county and were sworn to view and appraise such estate as shall be produced to these justly and truely to the best of their knowledge. Given under my hand as a justice of the peace for said county this 16th day of November 1838.
A. Sansome, J.P.L.C.

[Unreadable] and just inventory and appraisement of all the personal estate of Jesse Gibson, dec'd. which was produced to us by Samuel Gibson, his executor.

1 note on Allen Gay [unreadable] 13th of February 1835 for seventy-two dollars
1 note on Stephen Watson for
1 note on Adolphus D. Manning
1 cupboard and ware
1 square table & coffee mill
3 piggins & churas
2 [unreadable], pot & skillet
2 [unreadable] fine shovel
1 rifle gun and shot bag
1 clock
1 pair of steelyards, aug[ers] and chisels, & handsaw
1 handsaw and drawing knife
1 set of deed cotton 3 cents for a pound, 100 weight
1 man's saddle
1 chest
1 bed stead and 7 chairs
[unreadable description]
2 ploughs & [unreadable]
1 flax wheel
1 Hha & 2 bells [not at all certain]
1 axe and log chaisse
1 ox cart
1 Rice mill
30 head of hogs, more or less
1 scythe & cradle & forms
1 Bay mare
1 Sorrel horse colt
1 Bay horse colt
1 yoke of oxen
1 Bull & red steer
1 Red cow and calf
7 head of sheep
200 bard [unreadable] more or less [unreadable]
2 stacks of fodder
 
 
$5.12½
$1.12½
 
$1.25
$1.25
$2.50
$1.50
$10.00
$12.00
 
 
 
 
 
$2.85
$1.50
$2.50
$0.50
$1.00
$2.00
$2.00
$8.00
 
$3.00
$40.00
$25.00
$10.00
$25.00
$20.00
$10.00
$10.50
$60.00
$6.00
$72.00
 
 
$3.00
 
 
 
 
 
 
$1.25
$1.50
$3.00
$8.00
$0.50
 
 
 
 
 
 
 
 
$24.00

I do certify that the foregoing inventory contains all the personal estate of Jesse Gibson, dec'd. which hath come to my hands as his executor this 16th day of November 1838.
Samuel Gibson, executor.

We do certify that the foregoing appraisement was fairly and justly made of the provisions and property of Jesse Gibson, dec'd. which was produced to us by his executor to the bill of our [unreadable] of which we respectfully [unreadable] to the Livingston County Court. Given under our hands this 16th day of November 1838.
Alexander Coleman {seal}, Heil Parmley {seal}, John Flemming [or Flummry] {seal}

Kentucky, Livingston County, Sct.
I, James S. Dallam, clerk of the court for the county of Livingston, State aforesaid, do hereby certify that the foregoing appraisement bill of the estate of Jesse Gibson, dec'd., was this day [unreadable] in open court, examined, affirmed and ordered to be recorded, whereupon I have truely [unreadable] said office. Witnessed by my hand this 1st day of April 1839.
James S. Dallam, clerk

Livingston Co., KY
L1541 Book "D", Inventory, Appraisement and Sale Bill Book, 1847-1851
11th day of November 1840

Report of settlement by David Watts and David I. Flemming [or Flummry], two commissionmen of account for Livingston Co. with Samuel Gibson, executor of the last will and testament of Jesse Gibson, dc'd, at the clerk's office in the Livingstone Co. court this 11th day of November 1840.

Present - said Samuel Gibson, executor, Hitnisseth.
We find from the sale of the aforesaid decedent's estate returned to and now before us attested by said executor that the same amount to the sum of
$386.56
Said executor states that he has collected but one debt of said decedent, save what is included in the sale bill which he is here charged him $1.12
Also received of Stephen Watson about $6.00
the bal. of a note due said estate for $80.00
the balance being paid my father in his lifetime $ 393.68
We find that the executor has paid debts and dues of said decedent's estate as follows: Voucher No. 1, etc. [A long list of payments follows, totalling -] $92.62
The commissionmen think an allowance of twenty dollars reasonable and right to the executor for his trouble and do here allow the same by way of a credit $20.00
$112.62

Which leaves the executor indebted the said decedent's estate the sum of two hundred and eighty one dollars, 6½ cents. All of which is respectfully submitted to the county court of Livingston for confirmation, approval and record. Given under our hand this 11th November 1840.
D. Watts, commissioner
D.L. Flemming [or Flummry], commissioner

State of Kentucky, Livingston County Sct.
I, James S. Dallam, clerk of the court for the county and state aforesaid do hereby certify that the foregoing settlement with Samuel Gibson, executor of Jesse Gibson dec'd., made by county commissioners, was on this day of December 1840 filed in open court and suspended for objection, and the same was on this day examined by said court, approved, confirmed and ordered to be recorded. Whereupon I have duly recorded the same, and this [unreadable ] in my said office. Given under my hand this 4th day of January 1841.
James S. Dallam, clerk

The will of John Hammonds, Sr. 1848, Pulaski Co., KY

Pulaski County, Kentucky
Written 5th day of January 1848
Proven 21st day of February 1848

I, John Hammonds, of the county of Pulaski State of Kentucky do hereby make my last will & Testament in manner & form following that is to say

1st after the payment of all my debts I give to my loving wife Margaret Hammonds during her natural life or widowhood all my perishable & personal property & my three slaves (to wit) Lucinda, Doctor & Anthony & the farm where I now reside with all the appurtenances thereunto belonging with the exception of ten acres of the inclosed (sic) part of [unreadable] farm on the end joining a tract of land known by the name of the Peter C. Tarter place.

2nd which [unreadable] which ten acres I give my son William C. Hammonds together with a certain tract containing ten acres more or less which was deeded to me from William Weddle & [unreadable] Tarter Tract to be injoyed (sic) by him & his heirs forever.

3rd. I give the remaining part of the above named farm equal & undivided to my two sons Morgan [unreadable initial] Hammonds & John W. Hammonds at the death of my wife herein before named together with all the (???blur) and perishable property & appurtenances herein before name injoyed by them & their heirs forever after my Daughter Eliza Ann Hammonds is made equal with the balance of my daughter herein named & if they cannot divide themselves it is to be divided.

4thly, my three slaves herein before named I give them their freedom at the year AD 1865 on the proviso that my wife herein before named is done with them that is to say that they shall injoy the privilege of freedom in this way that they must be govern in their dealings & conduct by the instructions (ink blots) by their guardian which I shall herein appoint (to wit) my son Josiah W. Hammonds & he is to apply the proceeds of their labors to their benefit & see to their welfare,

5th I give my son Thomas Hammonds eighty acres of land lying in the State of Missouri Pike County on the waters of [unreadable] River it is known by the Ridge Eighty to be injoyed by him & his heirs forever.

6th I give to my daughters Elizabeth Osborn, Polly Osborn, Jane Jasper, Margaret Jasper & Patsy Combest, Eliza Ann Hammonds, ten dollars each

7th I give to the infant heirs of my daughter Sally Combest (to wit) Sally Jane Combest, John Wilie Combest, & Samuel Josiah Combest, two dollars each.

8th My daughter Nancy Combest I give five dollars.

9th Eighty acres of Land adjoining the eighty herein before named & in the County & State herin before named I will to be sold & the proceeds of the sale to be injoyed by my wife hereinbefore named at her disposal.

10th I give to my son Josiah W. Hammonds five Dollars 11th & lastly I do hereby constitute & appoint my wife herein before named & my son Jos. W. Hammonds herein before named Executors of this my last will & Testament & Impower them hereby to make a Deed to Jno. M. Weddle to a certain tract of land 18 acres more or less which I have sold to said Weddle they not being allowed any thing for their services.

Hereby revoking all other or former wills or testament by me heretofor made in witness whereof I have hereunto set my hand & affixed my seal.
John Hammonds (seal)
this 5th day of January 1848
in the presents of James Weddle, William Rainwater

Transcription by Sheila Evans

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The Will of Rev. James Hembree, 1849, Anderson District, SC

Anderson District, South Carolina, 20 August 1849

In the name of God, Amen. I, James Hembree, Minister of the Gospel in Anderson District, SC being now in good health and of a sound disposing mind and memory and knowing that my earthly house of this labor made must be dissolved, that mortality may be swallowed up of life and to be ever with the Lord, I do make and ordain this, my last will and testament.

First--If my wife should be the longest liver my will is that my whole estate, real and personal, without exception, remain with her for her support enduring her natural life and at her death to be disposed of in the following manner. My will is that my black woman, Peggy, and her son, Grief Presley, have the liberty to choose their master, and that one of the executors gives them a pass for five days, to look out a person of their choice and as Peggy is near forty seven years old and is not very sound and Grief will be twelve years old on the 25th of August, next, I value them myself - the purchaser to give six hundred dollars or have them valued, the purchaser to have the same credit and terms as those who buy at my public sale - the money to be paid over to my executors as part of my estate, the ballance [sic] of my whole estate to be sold to the highest bidder consisting of two hundred acres of land, less or more, whereon I now live. Stock-horses, cows, hogs and sheep, household and kitchen furniture, plantation tools and every article I may possess - and as for Peggys household and kitchen furniture that don't belong to my estate, I have no claim to anything in her house, except the cotton wheel and cards and old table and now for the division.

Four of my children has been advanced above the rest - John and James Hembree, Winney Heaton and Polley Bowen. I have gave land to these four, therefore I bequeath to my son, Amariah Hembree, one hundred dollars and to Job Rainwater who married my daughter - Didama, one hundred dollars and to Daniel Gentry, who married my daughter Mahala, one hundred dollars. I also bequeath to William Heaton, who married my daughter - Hephzibah, five dollars and to his daughter, Betsy Lavinia, my grand-daughter - twenty dollars and for my beloved daughter Sally Day - she lives far off in Texas, I therefore bequeath unto her one dollar. When these bequeaths of three hundred and twenty six dollars are counted out with all the lawful expenses,the ballance of my estate to be equally divided amongst my three sons and four daughters(viz) Amariah Hembree, John Hembree and James Hembree, Winney Heaton, Didama Rainwater, Mahala Gentry and Polley Bowen and lastly, I do nominate and appoint my two sons John and James Hembree, executors of this, my last will and testament and as my wife is not capable of trading and doing business for herself, I appoint my son, James,guardian for his mother and I authorize him to sell any part of the stock or household furniture for her support as needed and I do hereby revoke amd make void all other testaments and executors by me in any wise before named, willed or bequeathed testifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal the fifth day of May in the year of our Lord, One Thousand Eight Hundred and Forty Seven.

Signed,sealed and pronounced by the said, James Hembree to be his last will and testament in the presence of each other, have hereunto subscribed our names.
Jno. C. Griffin, James Hembree, S. D. Gailand, J. T. Whitefield

Personally appeared John C. Griffin and made oath the he did see James Hembree, Senr sign the above and foregoing as and for his last will and testament and state at the time of his signing the same,he believed he was of sound and disposing mind, memory and understanding and that C. D. Gailland and J. T. Whitefield, with his understanding, witness the same, and that they all signed in the presence of the testator and of each other. Sworn to and subscribed before me the 20th day of August 1849.
Jno C.Griffin

I Herbert Hammond, Ordinary of the district, aforesaid do hereby certify that the last will and testament of James Hembree, Senr, deceased, was admitted to probate in common form, on the oath of John C. Griffin, one of the witnesses to the same on this 20th day of August 1840 and that on the same day James Hembree qualified as executor of the same.
Given under my hand and seal this 20th day of August 1849
Herbert Hammond [Seal]

Transcribed and contributed by Glidie Rainwater Mobley

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The will of Bartholomew Hodges, 4 July 1826, Surry Co., NC

Surry County, North Carolina
4 July 1826

In the name of God Amen. I Bartholomew Hodges being of sound mind and memory, knowing the certainty of death, and the uncertainty of life, do make and constitute this my last will and testament revoking all others heretofore by me made. First I will and bequeath to my wife Elizabeth Hodges all the property both real and personal of which I am now possessed during her life or widowhood and at her death or second marriage to be equally divided between all my children and their legal representative.

Secondly, I will to my son James Hodges one hundred dollars in trade which I conceive will be equal to what I have given those of my children who have left me.

Thirdly, I will and bequeath to my youngest daughter Rachel two cows and calves, one feather bed & furniture, one sow & piggs.

And lastly, by these presents I constitute and appointed Drury Hodges & Moses Hodges my executors July 4th 1826.

PS. My daughter Rachel is to share equal at the death of my wife with my other children.

Test: James Jarvis, M. Franklin Jurat
Bartholomew {his X mark} Hodges

Surry County Feby term 1832
I do hereby certify that the foregoing will of Bartholomew Hodges was duly sworn by the oath of M. Franklin one of the subscribing witness thereto & ordered to be recorded.
Test: Jno. Wright CC
By Fk Armstrong DC

Transcription courtesy of Diana Flynn

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Report of the Commissioners of the Estate of Edward Kellum

McLennan Co., Texas, December 1864

The State of Texas, County of McLennan
To the Honorable John A. Cobb, Chief Justice

The commissioner who was appointed at the Dec. Term 1864 to the distribution of the shares of the estate of Edward Kellum, deceased, makes this their report of the same.

Mrs. Carry Kellum, the wife of the deceased Edward Kellum, being entitled to her choice, made the following selection of property of said estate: The homestead, consisting of two hundred and forty acres (240) bounded as follows: commencing at the N.W. corner of J. H. Davis's survey; thence N 60 E one and a half miles (1 1/2); thence N 30 W one fourth of a mile (1/4); thence S 30 W to the Brazos River; thence down the river to the place of beginning. Said land was valued at twenty dollars ($20) per acre, making the amount of four thousand and eight hundred dollars ($4,800). 30 head of stock cattle at four dollars ($4.00) per head, making the amount one hundred and twenty dollars ($120). Fifty head of stock hogs at two dollars ($2.00) per head, making the amount of one hundred dollars ($100). Household and kitchen furniture, writing desk and bookcase, fifteen dollars. One bed and stead, fifty dollars. One clock, five dollars. Two trunks, ten dollars. Looking glass, decanter and candle sticks, ten dollars. One pair of (crossed out) and shovel, four dollars. Clock peal, three dollars and fifty cents. One small table, two dollars. One cottage bedstead and bed, thirty dollars. One lounge and cover, six dollars. One chest, one dollar and fifty cents. One bed stead, five dollars. One bed and stead, thirty dollars. One box bed clothing, seventy-five dollars. One folding leaf table, two dollars. One washbowl, pitcher and jar, five dollars. Eighteen chairs, twenty-seven dollars. One safe and crockery (unreadable), fifty dollars. Two tables and five jars, ten dollars. Two spinning wheels, eight dollars. One wagon and (unreadable), one hundred dollars. Two yoke of work oxen, sixty dollars. One Barouche1, seventy-five dollars. One sausage cattes, three dollars. One brass kettle, two dollars. One lot of cooking utensils, twenty dollars. Three smoothing irons, one dollar and fifty cents. Two wash pots, eighteen dollars. One grind stone, two dollars. Four weeding hoes, four dollars. Three axes, six dollars. One iron wedge, one dollar and fifty cents. Thirty head of sheep, two dollars per head, sixty dollars. One brace and bits, six dollars. One box of tools, five dollars. One crop cat saw, three dollars. Plows, sweep, swingletrees2, cleavers and spade, fifty dollars. Three log chains, twelve dollars. One hand ax, two dollars. One silo of corn suffose (?), one thousand bushels at fifty cents per bus., five hundred dollars. Three sacks of fodder, thirty-six dollars. One mule, one hundred and fifty dollars. One mule, one hundred dollars. One mule, seventy-five dollars. One gray pony, forty dollars. Three cradles, nine dollars. Three pair of gears, fifteen dollars. Fifty bushels of wheat, fifty dollars. Two hundred and fifty pounds of sugar at twenty cents per lb., fifty dollars. Twenty-five hundred pounds of salt pork at sixty cents per pound, one hundred fifty dollars. Ten gallons molassas, ten dollars. Twelve boxes at twenty-four dollars. One pair of balances, half interest, two dollars and fifty cents.

    The above amount makes the sum of                                $7011.50
    The following negros were chosen by Mrs. Kellum
      Grunle, negro man age 46 years appraised                         600.00
      Mack, negro man age 32 years appraised                           500.00
      Mariah, a woman 37 years & 2 children appraised                  700.00
      Josephine, a girl 13 years appraised                             450.00
      Delia, a girl 10 years appraised                                 300.00
                                                                     --------
                                                                     $2550.00
                                                                      7011.50
                                                                     --------
    Her portion making the amount of                                 $9561.50
    
    The following named negros was appraised as follows and divided amongst the heirs
    1. Bill, a negro man age 53 years appraised                      $ 225.00
    2. Ben, a negro man age 51 years appraised                         250.00
    3. George, a negro man age 35 years appraised                      500.00
    4. Cicero, a negro man age 20 years appraised                      700.00
    5. Yeak, a negro man age 18 years appraised                        600.00
    6. Dick, a negro man age 19 years appraised                        600.00
    7. Sam, a negro boy age 15 years appraised                         600.00
    8. Silas, a negro boy age 12 years appraised                       375.00
    9. Jonas, a negro boy, unsound, age 10 years appraised             150.00
    10. Josephus, a negro boy age 8 years appraised                    250.00
    11. Thomas, a negro boy age 6 years appraised                      200.00
    12. Paul, a negro boy age 3 years appraised                        150.00
    13. Dock, a negro boy 18 months old appraised                      100.00
                                                                     --------
    The value of men and boys                                        $4700.00
    
    Negro girls appraised
    1. Julia, negro girl appraised at 16 years olf                   $ 500.00
    2. Harriett, a negro girl 13 years old appraised                   500.00
    3. Molly, a negro girl 12 years appraised                          400.00
    4. Amanda, a negro girl 8 years appraised                          250.00
    5. Alice, a negro girl 6 years appraised                           200.00
                                                                     --------
    Making the amount of                                             $1850.00
    Men and boys appraised at                                        $4700.00
                                                                     --------
    18 negros in all amounting to                                    $4550.00
    
There being nine heirs to the said estate each distribution shares would be $727.77 9/7. The above named negros were placed in lots in the following order and were drawn by the following named heirs:
    Lot No. 1 Cicero drawn by Mrs. Emily Puckett                     $ 700.00
    Lot No. 2 Yeak and Jonas drawn by Nancy M. Rhesun                  750.00
    Lot No. 3 Dick and Alice drawn by Edward Kellum                    800.00
    Lot No. 4 George and Ben drawn by T. S. Kellum                     750.00
    Lot No. 5 Bill, Dock and Silas drawn by Elizabeth Umberson         700.00
    Lot No. 6 Sam and Paul drawn by Mariah Brown                       750.00
    Lot No. 7 Josephus and Harriett drawn by Polly A. Kirkland         750.00
    Lot No. 8 Julia and Thomas drawn by Sam Williams                   700.00
    Lot No. 9 Molly and Amanda drawn by W. R. Kellum                   650.00
                                                                     --------
    Making the amount of                                             $6550.00
    
(misc. bookkeeping omitted)

Fee for report $5.00. All of which is respectfully submitted (unreadable) to be approved and adopted.
J. F. Davis, W. M. Hood, R. S. Lyon, commissioners. Sworn and subscribed before me this Jan. 30, 1865
R. B. Smith, Court Clerk

Transcribed from photocopies of the original documents.
1 DeJean Miller Melton points out that a barouche was a very popular type of carriage.
2 A swingletree is, according to the dictionary, "the pivoted swinging bar to which the traces of a harness are fastened and by which a vehicle or implement is drawn". Also called a wiffletree. The whole description sounds like parts of a plow or carriage assembly.

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The Will of John Linn, Jul 1851, Warren Co., GA

John Linn was the father of Nancy Linn Rainwater, wife of Solomon Rainwater, Jr. This abstract is from "Some Georgia County Records, Vol. 1" by The Rev. Silas Emmett Lucas, Jr.

Warren Co., GA, pgs 208-209

26 Mar 1851
Last will and testament of John Linn of Warren County...to my daughter, Nancy Rainwater, wife of Solomon Rainwater, equal portion of my estate...785 acres and about 13 negros to my wife Milly, then divided amongst my five [sic] children: James S., Drucilla Ann, Lucretia, Joseph C., Sarah Ann, and Emely Gabriella

Witnessed by George W. Dickson, James A. Shrivers, Edward W. Potts
Proved July Term 1851, recorded 7 Jul 1851.

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The Will of William McElhiney

17 June 1801 Grainger Co., TN

In the name of God, Amen. I, William McElhiney of the County of Grainger and State of Tennessee, being low in body but of perfect mind and memory, and calling to mind the mortality of my body, and knowing that it is appointed for all men once to die, first I recommend my soul to God who gave it, and my body to be buried in the earth at the descretion of my Executors hereafter mentioned, and as what worldly estate it hath pleased God to bless me with, I shall dispose of in mannter and form as followeth.

First of all, I order all my lawful and just debts to be paid, and all my funeral charges to be paid. Next, I give and bequeath unto my beloved wife, Mary, all the whole of my estate both real and personal during her natural life. Should any of my daughters marry during my wife's lifetime, I allow her to give them what she may find convenient to spare them. I further allow my negro boy named Ned to my two sons, Robert and John McElhiney or their sons, harrow at a reasonable rate during her natural lifetime. Further, I allow at my wife's decease for my negro woman, Henny, to be sold and equally divided between my three daughters, Rebekah, Rachel and Jennet. If any of the girls should die without issue for them to leave their part to someone they think fit in the family. My wife to have the boy Ned during her lifetime and the offspring of the old wench she may dispose of as she thinks fit. Further, I will, give and bequeath unto my son, John Moses, the side of Christy's Creek the land that he now lives on, the creek to be the line. Furthermore, I will and bequeath unto my son, Robert, the land that I live on myself and the land that the said Robert lives on himself.

Item. I give and bequeath unto my Nan McGinnis six shillings sterling.
Item. I give and bequeath unto my daughter, Ann McElhiney, six shillings sterling.
Item. I give and bequeath unto my son, James McElhiney, six shillings sterling and to my children thereafter mentioned - Moses McElhiney, Peggy Shields, John McElhiney and Martha Blackburn, each six shillings sterling.

And lastly, I constitute, nominate and order and appoint my son, Robert McElhiney, and James Bowen, to be Executors of this my estate will and test[ament], and so by these presents I disallow and disapprove of all other wills and test[aments] and do rectify and approve of this to be my last will and test[ament], given unto my hand this 17th day of June one thousand eight hundred and one.
William McElhiney [mark and seal]
Signed, sealed and acknowledged, and pronounced in presence of us: Daniel Clayton, Mary Clayton

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The Will of Jacob Tarter

December 21 1872 Russell Co., KY
Book 3 Page 293-294
Herriford Bottom Dec'r 21 1872

I, Jacob Tarter of Russell County, Kentucky, do hereby make and publish this my last will and testament, revoking all other wills [word and marked through; one or two words obliterated].

I first desire that after all my just debts and funeral expenses be paid out of my personal estate. Second that my beloved wife Polly Ann have one third of personal estate and of my land on Cumberland river in Russell County, KY during her natural life. Third, it is my will and desire that the orphan children of my deceased son, Wesley Tarter, have one hundred acres of land that I own in the County of Pulaski on the waters of Faubush Creek adjoins Geo Cundiff, Tobe Tarter and F. Thomas. Having heretofore given lands to all my other children by my first wife and as I do not think they have for some years back treated me as they should have done, I will or give them nothing out of my estate. Fifth it is my will and desire that my two youngest sons (children of my [the word last marked through] present wife), William Thomas Tarter and Elias Jefferies Tarter, have all my home farm and land on the Cumberland river subject to the life estate heretofore will to their mother - at he[r] death to have the whole and I also give and bequeath to them William T. and Elias J. Tarter all my personal estate - cash, cash assets of all kinds, stock farming utencils and other property of all kind, both personal real, that I may be possessed of, not hereinbefore disposed of.

In testimony whereof I have this day set my hand and seal in the presents of William M. Green and George W. Eubank, the subscribing witnesses hereto.

Jacob Tarter [mark and seal]
Witness: W.M. Green, Geo. W. Eubank

Will was proved in Russell County court in December term, 1874 and "...ordered to be certified for record which is done accordingly. Given under my hand this 8th day of Jany 1875."
A.P. Simpson C.R.C.C.

Transcribed and contributed by Jim Garner

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The Estate Settlements of John Tarter, Sr.

Pulaski Co., KY Will Book 4, pgs 195 - 195
June 6th, 1853

I, John S. Kendrick, presiding Judge of the Pulaski County Court [met ?] William Weddle, administrator of John Tarter, deceased, agreeable to notice here filed for the purpose of auditing and settling the [accounts ?] with the Admn. of John Tarter, deceased.

On examination find chargable to the administrator

    to Sale Bill                                                   $67.37
    Cash on hand                                                    58.85
    Note on William Weddle balance with interest                    24.06
    Alfred Tarter note                                               3.00
      Interest on same                                               2.79
    David & John Trimble's Note                                     20.00
      Interest on same                                              11.30
    William Weddle's AP@                                              .50
    Judgment vs William Tarter in G. W. Gaines                       4.25
    Negro Girl sold at May court for                               554.00
      with interest for date, on [unreadable] of 3 mos
      Interest on same for 3 months                                  8.31
                                                                  -------
                                                                  $753.43
    Same Cr.
    J. F. Barker's fee bill                                 .50    
    Witnesses fee bill, A. J. Floyd                        2.00
    M. G. McAlister's AP@ for shrouding                    8.13
    Stephen C. Floy, receipt for coffin                    1.00
    G. W. Gaines, receipt                                  1.00
    Tax receipt for 1851                                    .68
    George Dalton, receipt                                  .50
    Reuben Pierce's receipt given to
      W. Tarter and paid by William Weddle                 2.00
    William McDaniel's receipt                             1.00
    Witness fee bill, G. W. Gaines                         2.50
    J. R. Simpson, receipt                                  .75
    Solomon Turpin's receipt for part of
      Judgment against administrator                      24.00
    T. Suber (S.P.C.)* receipt in full of an
      execution in favor of Turpin vs Administrator       23.84
    Tax receipt for 1852                                    .35
    Solomon Turpin's receipt, part of judgment
      of Turpin vs Administrator                          50.00
    Cash paid to equal division of slaves as
      paid by B. Smiths & J. S. Kendrick's receipt
      commission                                          22.33
    Judgment of Solomon Turpin vs Adams                   45.00
    Witness fee bill, Katy Jones                           2.50
    Solomon Turpin receipt as part of judgment
      Turpin vs Administrator                             45.00
    Witness fee bill Reuben Pierce                         2.50
    Lawyers fees in all cases save the attachment
      which is referred to next settlement               170.00
                                                         ------
                                                        $405.58
    Allowance to Administrator                            55.00
    County Judge's fee                                     1.50
                                                         ------
                                                        $462.08    462.08
                                                                   ------
                                                                   291.35
    
Amount in hand of Administrator as shown by this settlement, two hundred and ninety one dollars and 35 cents. All of which is respectfully reported to the County Court, June 6th 1853.
John S. Kendrick, PJPCC

Pulaski Co., KY, Will Book 4, pgs 328-329
May 29th, 1854

This day, William Weddle, administrator of John Tarter, deceased, according to notice filed, applied to the undersigned presiding judge to make settlement as administrator of said decedant's estate and on examination find chargable, vis:

    To amount on former settlement                      $291.35
      Int on $250 of the above for 3 months               11.50
                                                        -------
                                                         302.85
                                                         
    Same Ct.
    John Tarter's witness certificate                      2.50
    William P. Muse     "         "                        2.50
    Arche Nicholson     "         "                        2.50
    John P. Bruce receipt - advertising                    1.50
    Nancy Trimble AP@ proven AP@                           7.87
    Tax receipt for 1853                                   1.02
    County clerk fee bill                                  1.56
       "      "  fee bill                                  1.12
    Lawyers fees in the attachment which was not
      allowed on 1st settlement                           20.00
    Jacob Tarter AP@ receipted                            50.00
    John Crawford's receipt for [unknown]                  2.00
    Amount of AP@ J. M. Weddle, one of the appraisers      1.00
    T. Suber fee bill - sheriff                            4.00
    An additional allowance to Administrator              25.00
    Lawyer fees for advice to Adm. receipt                 5.00
    Supposed clerk's fees for record                        .75
    County judge's fee                                     1.50
                                                          ------
                                                         $130.22    $130.22
                                                                    -------
                                                                    $172.53
    

This settlement shows the administrator indebted to the heirs of John Tarter, deceased, one hundred and seventy two dollars and 53 cents. All of which is respectfully reported, May 29th, 1854.
John S. Kendrick, PJPCC

Commonwealth of Kentucky, Pulaski Co. Sct.
At a county court held for the county aforesaid at the courthouse thereof in the town of Somerset, on Monday the 18th of July, 1854, the foregoing settlement of accounting with William Weddle, administrator of the estate of John Tarter, deceased, having laid over more than one term as required by law, and no exceptions being filed thereto, was examined and approved by the court and ordered to be recorded and the same together with this certificate hath been duly noted to record in my office.
Att. J. D. Allcorn, Clerk

Transcribed from photocopies of the original. I have no idea what the abbreviation AP@ means, unless it's Accounts Payable. *Sheriff Pulaski County.

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The Will of David Trimble

6 September 1798 Bourbon County, Kentucky

In the Name of God Amen. I David Trimble of Bourbon County and state of Kentucky, being in perfect health & sound of judgment and mind and memory and taking into consideration the mortality of man that it is ordained for all men once to die, I do make appoint and ratify this to be my last will and Testament and do hereby disannul and make void all other wills and testaments or testimonies and legaseas made by me heretofore.

That is to say, I first commit my soul to God who gave it my body to be entered in a decent manner at the discretion of my executors hereafter mentioned nothing doubting but I shall receive the same at the last day on the day of judgment when Christ shall call the slumbering to life, and as touching [unreadable]. I design and in the following manner:

First, I desire my just debts to be paid out of my estate, first I Give and bequeath to my son George Trimble the plantation or tract of land whereon I now live containing one hundred and two acres to him his heirs executors administrators or assigns forever, only George Trimble shall pay unto my daughter Nancy King her just sum of thirty five pounds good and lawful money of the aforesaid state as her share out of said tract of one hundred and two acres, to be for her use and at her disposal forever.

And I give and bequeath to my son Isaac Trimble [and] son David my sorrel mare to them their heirs forever.

Also I give and bequeath to each of my Children, to wit, James, John, and Nancy King to the heirs of James Elliott Deceased, Thomas, David, William, George, John McKinney, Isaac and Forgus Grayham, the just and full sum of six shillings good and lawful money of Kentucky to them theirs heirs forever.

Also concerning all the money that may be left of mine at my death if any there be, all to be equally divided between my daughter Nancy King and my son William and George Trimble, John McKinney, Isaac Trimble and also to Fargus Graham to be theirs and at their disposal forever.

Furthermore I give and bequeath to my three daughters to wit, Nancy King, Polly McKinney and Betsy Graham, my bed and bedclothing to be divided as follows to wit, Nancy to have all the furniture, that is to say, a pair of double blankets, a single blanket, two sheets, a bolster and pillow, to my daughter Polly McKinney my big rug, to my daughter Betsy Graham my bed and pewter tankered and to be theirs and theirs assigns forever.

After the will management of all my affairs and due performance this my last will and testament, I do hereby ordain constitute and appoint James Denneson and James Fraysor to be my whole and sole Executors in law to have this my last will and testament well and truly Executed. In Witness of this my last will and testimony I hereunto see my seal this sixth day of September one thousand seven hundred and ninety eight.

Aknowledged by the said David Trimble as his last will and Testament who at he time of signing here of appeared to us to be of sound mind and perfect memory. Done in our presence and in the presence of each other. David Trimble.

Witnesses: John Boyd, John Chambers, William Walsh, John McKinney

Transcription provided by Delene Dee Robinson
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The Will of John Milton Weddle, Sr.

23 June 1842 Pulaski County, Kentucky
Book 3 Page 556

In the name of God, Amen. I John Weddle of the county of Pulaski being sick and weak in body but of sound mind and disposing memory and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with, do hereby make my last will and testament in manner and form following - that is to say:

First - I give and bequeath unto my wife Polly Weddle all my estate both real and personal, to use, live on and dispose of as she may think proper for during her natural life, and I do hereby request that my said wife Polly Weddle be and she is hereby empowered to collect all my credits of all and every kind, and to have, keep and use the same as she may think proper.

Second - I desire that my son Galen have a(n) equal or proportional part with the balance of my sons - that is to make him equal with them in what they have heretofore received.

Thirdly - I desire that at the death of my said wife, all my estate both real and personal which may remain shall be sold and the proceeds of the same to be divided among my several children as follows: I give to my two daughters Margaret and Polly fifty dollars each over and above my other heirs and the balance on the remaining part after the said $100 to be equally divided among my several children hereinafter married. To wit, Spencer Weddle, John M. Weddle, Margaret Cornell, George Weddle, William Weddle, Daniel Weddle, James Weddle, Solomon Weddle, Polly Eastham and Galen Weddle to have and enjoy, them and their heirs forever. And lastly, I do hereby constitute and appoint my friends executors of this my last will and testament, hereby revoking all other former wills or testaments by me heretofore made. In writing whereof I have hereunto set my hand and affixed my seal this 23rd day of June 1842.

Signed, sealed, published and declared as and for this last will and testament of John Weddle in the presence of us:
J.W. Duck, William Weddle, John McDaniel

Kentucky Pulaski County Sct.
At a County Court held for Pulaski County at the courthouse in the town of Somerset on Monday the 19th day of September 1842. This writing purporting to be the last will and testament of John Weddle deceased was surrendered to the court and proven by the oaths of Josiah W. Duck and William Weddle to be the last will and testament of John Weddle and ordered to be recorded. And the same is done accordingly.

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The Will of Solomon Weddle

10 April 1886 Pulaski County, Kentucky
Book 7 Page 182

Know [unreadable] by the [unreadable] that I, S. Weddle in the County of Pulaski and State of Kentucky [unreadable] last will and testament.

First, I give and bequeath to my loving [or living] beloved wife Patsy, the farm and [unreadable] of all kind and all other [unreadable] including the house [unreadable] for her benefit during her natural life and I appoint her to fill the [unreadable].

Second, I give and bequeath to my daughters fifty dollars each in [unreadable] I give my sons, this is to make them equal, they [unreadable) by the execution where the estate is wound up. [Unreadable] of the estate, I give and bequeath to my sons and daughters to be divided in equal shares among them. I [unreadable] the executors to see their families kept up and aid [unreadable] and collecting debts. These are [unreadable].

[Unreadable]...and appoint Galen E. Weddle, Jacob T. Weddle to be the executors to wind up all the business, and reserve one half [unreadable, possibly a number] acre of land for a grave yard and [unreadable] them to sell the land and all the property. This is my last will and testament this April the 10th 1886.

S. Weddle

State of Kentucky, County of Pulaski
I John S. May, clerk of Pulaski County Court, do certify that the foregoing instrument of [unreadable] proporting to be the Last Will and Testament of S. Weddle, deceased, was at the April [unreadable] 1890 of the Pulaski County Court, presented in April Court and the hand writing of the said S. Weddle, deceased, being proved according to law by the oaths of G. E. Weddle, James M. Weddle and James T. Eastham to be the [unreadable] last will and testament of S. Weddle, deceased. And said instrument was ordered by the court to be admitted as such [unreadable abbreviation] Last Will and Testament of S. Weddle, deceased. Wherefore I have recorded it and the [unreadable]. Given unto my hand this May 6th 1890.
att. John S. May, clerk

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The Will of John Milton ‘Jack” Weddle, Jr.

30 April 1891, Pulaski Co., Kentucky
Will Book 7. pages 195-197

In the naim [sic] of God, Amen. I, John M. Weddle, of the County of Pulaski & State of Kentucky, was born 12 day of Dec'r 1807, now being of sound mind & disposing memory for which I thank God & calling to mind the unceartinty of human life & besirous [sic] to dispose of all such worldy property as hath pleased God to bless me with & I do hearby revoking all other former wills by me heartofore maid & do maik publish & declare this to be my last will and testament.

I will and beqeath [sic] to my beloved wife Julia Weddle the farm upon which I now live upon including all my farm some 160 or 70 acres be the same more or less with the improvements to hav & to hold, during hir life together with all the household property & kichen [sic] furature also one horse sadle & bridele & one cow & calf & all the plows & gearing & equipage thereto & all the meet //corn// corn & hogs & wheat & one wagon owned by me also one hundred Dollars in cash ----- I want Joseph to live with his mother & if he marries still live with her do rite & help her & take her counsel. I want Julia to hav full controle & management of the farm & property and after Joseph gets twenty [page 196] years old I want his mother to give Joseph half the profets maid on the farm & send him to scool & do a good part by him till he gets twenty years old.

I give to my son Ruben Weddle the farm he now lives upon the boundary I bot [sic] of L.B. Weddle excepting 3 orn 4 acres I sold J.C. Weddle balance some 61 acres at the price of six hundred dollars, which is to be counted out of his part of my estate.

I give my daughter Sopha Marsee F. Marsee's wife, the land he now lives upon which sho the boundary by a bond he holds on me for three hundred & thirty five dollars to be counted out of hir [sic] part of my estate.

Having five children by my wife Julia Weddle, Mary Brown Davason Brown's wife & Ruben Weddle & Sopha Marsee, H.F. Marsee's wife, & Cloda Weddle & Joseph Weddle the youngest I want my estate equally divided among mine and Julia's 5 children so the above named five children will be maid equal according to the provisions maid in this will[. Y]ou will find an account in my papers what each one has got want you to settle by it & at the death of my wife Julia Weddle I want my farm equaly devided between our five children.

I give and bequeath to Emelia Dunbar wider of Ruben Dunbar, des't. Two Hundred dollars. I have paid her one hundred and thirty five dollars balance due her $65, I want paid out of estate. See her acct. Margaret Wilson Jo Wilson's wife I hav give one mule at $75 & peace of land at $60 other property & money over $150 & I give Martha Sharp J.G. Sharps wife some 75 acres land wher [sic] L.B. Weddle lives worth over $150. I give Charlote McWilliams John M Williams [sic] wife ther children lives in Missouri ten dollars each.

I have give and bequeath to my other seven children which is my first children one hundred and fifty dollars each & has paid them in land & other property and nots I hold on them - besides what I gave them before as I took great cear to [give them a start] fix them up so they they [sic] could live. I feel that I have done them all equal justice. I have paid Jas. S. Weddle one mar at $60 & notes I hold on him over $150. I have paid or gave Wm. H. Weddle in the land I let him hav [sic] his wife sold Miss Cambell $150. I have paid or give Perry Weddle $150 in the price of the land he lives on. I paid or give J.C. Weddle one nag at $75 & other property or money $150 & a good deal more he has got cense & I further give and bequeath Jas. S. Weddle & Wm. H. Weddle & Perry Weddle & J.C. Weddle five dollars mor to each one.

I further give and bequeath to Margaret Wilsons children the forth part of the McDaniel land nobs hus claim I bot [sic] & Martha Sharp $10 to be paid out of my estate [page 197] & I do hearby constitute & appoint my son Ruben Weddle & my two sunen laws Davson Brown & H.F. Marsee exectors of this my last will and testament empowering them to make deeds to any & all lands that I hav sold acording to the face of the bonds they hold on me & further to see & make deeds to any lands or peaces of lands now possest by me if it's best for the heirs except my house tract which I leave in possession & in the hands of my wife Julia Weddle & I want you to counsel with Julia & direct her & Joseph how to manage & all counsel together for the best & all do rite & live in peace & the God of peace will bless you & your children & posterity. I exort you all to seek & serve the lord while you live on earth that we may all meet again in the brite [?]mantions in heaven thar to live throughout eternity neaver to part no more. This 15th day Dec'r 1889.
/s/ John M Weddle
Witnesseth: /s/ A.W. Cain M.D., /s/ C.C. Gossett Jun'r

State of Kentucky, County of Pulaski Court
I, N.L. Barnett, Clerk Pulaski County Court, do certify that the foregoing instrument of writing purporting to be the last will and testament of John M. Weddle, dec'd, was at the April Term 1891 of said Court produced in open Court and proven according to law to be wholly in the handwriting of the testator by the oaths of A.W. Cain M.D. and C.C. Gossett Jun'r the two subscribing witnesses thereto and same was adjudged by the Court to be the true last will and testament of said John M. Weddle, dec'd and ordered to be admitted to record as such, which is now done accordingly.
Given under my hand this 30th day of April 1891.
Att: N.L. Barnett, Clerk

Transcribed and contributed by Jim Garner

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