Muhlenberg County Kentucky
Wills: W
Samuel Weir, 1847
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Transcription
In the name of God, amen. I, Samuel Weir, of Muhlenberg County state of Kentucky, being of sound mind and disposing memory but weak in body, and calling to mind the uncertainty of human life, and wishing to dispose of the earthly goods with which it has pleased God to bless me, do make & ordain this as my last will and testament, hereby revoking and disannulling all and every will or wills heretofore made, declaring this to be my last will and testament.
Item 1st, I will that all my just debts be paid.
Item 2nd, To my beloved wife Elizabeth I leave a negro girl named Mary, one horse, saddle & bridle and one bed & bedding attached thereto, to have and to hold during her life and at her death to go to my son Samuel as hereinafter provided.
Item 3rd, To my beloved son Samuel I will and bequeath all my moveable property of every kind and character except as herein otherwise disposed of, also my negro boy David. I also will to him the 200 acres of land on which we now live to have and to hold on the following conditions, he the said Samuel is to provide a comfortable home for his mother & single sisters Esther, Sally & Margaret with provision, clothing &c. suitable for their situation in life. He is to furnish Thos. J. Rice & wife & Elijah Smith & wife one horse, saddle & bridle each and on the marriage of his three sisters Esther, Sally & Margaret one horse, saddle & bridle each & also to each of his three single sisters he is to furnish 2 beds, bedding & furniture for same.
In estimating the value of horses, saddles & bridles herein directed to be paid, I will that each horse, saddle & bridle shall be worth fifty dollars, and I estimate that the articles in this item directed to be paid will make Rice & wife, Smith & wife, and the three single girls equal in amounts received from my estate, Roll & wife having already received horse, saddle & bridle & two beds & bedding.
Item 4th, I will and bequeath that the remainder of my negroes left after payment of my debts remain on the farm in possession of my son Samuel and and under his control until the youngest of my children shall arrive to the age of twenty one years, and that they then be valued and divided equally among all my children.
I will that my son Samuel shall pay no hire for the negroes whilst they remain in his possession.
Item 5th, All my lands not herein devised, I will and bequeath that my executors sell and dispose of the same and apply the proceeds to the payments of my debts, and overplus if any be equally divided among all my children, but from the operation of this clause I except 50 acres on which my son in law Isaac Roll now lives, which 50 acres I wish him to have on the payment of two dollars & 50 cents pr. acre for the same and I hereby direct that he have ten years to make said payment in without interest, to live on the land during that time clear of rent, & if he should pay the money before the expiration of said time, he shall have a deed from my executors. The privilege of living on the place for ten years is intended for Roll's family alone and cannot be sold or conveyed and the privilege of taking possession at any time & selling is reserved to my executors if the same should pass from Roll & family by sale or otherwise.
Item 6th, I wish my executors to pay and discharge all my debts as soon as possible, and for that purpose to sell and dispose of such property as they may think fit, hereby authorising & empowering them to sell and convey such property as may be necessary whether real or personal.
Item 7th, The negro girl Mary willed my wife is to remain in her possession during her life & then said negro and her increase to go to Samuel my son.
I hope & believe that my son will provide a comfortable home for his mother & sisters & faithfully carry out all the provisions of this will.
Item 8th, I hereby make my son Samuel Weir and my nephew Edward R. Weir my executors of this my last will and testament, requesting that the county court will require no security from them for the performance of the same except their own individual bonds. Witness my hand and seal this the 18th November 1845. Signed on each sheet.
Samuel Weir
Signed, sealed & delivered in presence of
Moses F. Glenn
Greenberry his x mark Roll
Commonwealth of Kentucky
Muhlenberg County Sct.
November County Court 1847
The foregoing last will and testament of Samuel Weir, deceased, written on two half sheets of paper, each half sheet being signed by the testator & witnessed, was exhibited in to court and proved to be the act and deed of the said decedent by the oath of Moses F. Glenn, a subscribing witness thereto, & ordered to be certified, and subsequently thereto, towit, on the same day & year last aforesaid, said will being again presented, was fully proved by the oath of Greenberry Roll, the other subscribing witness thereto, & ordered to be recorded.
Att. Ch. F. Wing Clk.
Source: Muhlenberg County Kentucky Will Book 3, pp. 84-86.
Updated August 23, 2022