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Will of William Oglesby (Will Book 1, written 26 Nov 1823)

transcribed and submitted by Beverly Park Peavler

Children: Oglesby, Wilcox, Ellis, Carter, Ashby

Witnesses: Maddox, Smyser

I William Oglesby do make this my last will and testament in manner and
form following that is to say:

1st I give and bequeath unto my two daughters to wit Nancy Oglesby and
Eliza Oglesby two hundred and thirty acres of land lying in the County of
Shelby and State of Kentucky it being the tract of land whereon I now live,
beginning in Eakins old line and running northward so as to include my
mansion house with other necessary buildings. Also I give each of them one
bed and furniture, one horse, saddle and bridle and one cow and calf such
as I have given my daughters who have left me. All of said property I give
to them and their heirs forever.

2ndly I give and bequeath unto my three sons to wit Ellis Oglesby, Joshua
Oglesby and Joseph Oglesby my three negro men namely Daniel, Aaron and
James to be equally divided between them, the said negroes to be appraised
by appraisers appointed by the county court and to my son Ellis I give one
bed and furniture such as my other children have received from me.

3rdly I desire that my negro man Jacob be free after he pays to my executor
the sum of four hundred dollars in current ... paper of Kentucky; also I
desire that my negro woman Alsey [?] be free that is she is to be at
liberty to live with any of my children that she may choose, and if at any
time she should be dissatisfied, she is at liberty to remove to any other
of my children but I do not wish her to leave my family.

4thly I give and bequeath unto my three daughters namely Lucy Wilcox,
Elizabeth Ellis and Patsey Carter and the children of my daughter Edy Ashby
deceased to wit Lucy Ashby, William Ashby, Joshua Ashby, Moriah Ashby and
Benjamin Ashby all of my tract of land whereon I now live not before willed
or given to be equally divided in the following manner, to be divided in
four equal parts giving to my daughter Lucy Wilcox one fourth, to my
daughter Elizabeth Ellis one fourth, to my daughter Patsey Carter one
fourth, and to my grandchildren, the children of my daughter Edy Ashby dec.
one fourth, and should either of the children of my daughter Edy Ashby dec.
die and leave no child, then the part of that child shall be equally
divided between the surviving children of my daughter Edy Ashby dec. and I
do direct my executor hereafter named to retain all of the property or
money that my grandchildren may inherit from me in their hands until they
shall become of age or marry; and it is my desire that Landen Ashby shall
have nothing to do with any part of my estate which I will to his children.

5thly I desire my executor to make sale of all the balance of my estate not
before given, giving a reasonable credit and the money arising from such
sale, with all money due me shall be divided in the following manner ... if
the land given to my three daughters to wit Lucy Wilcox, Elizabeth Oglesby
Ellis and Patsey Carter and the children of my daughter Edy Ashby should
not be appraised to as much as each of my three sons gets, then in that
case they are to have as much of said money, as will make them equal to one
of my sons allowing the children of daughter Edy only what she would have
been entitled to had she of lived, and the balance of the money, should
there be any in the hands of my executors, I wish it to be equally divided
between all my children considering the children of my daughter Edy
entitled to one share only, that is what their mother would have been
entitled to had she of lived. I wish it expressly understood that if there
should not be money in the hands of my executors to make my daughters and
the children of my daughter Edy equal with my three sons without specific
legacies contained in this will in that case my three daughters to wit Lucy
Wilcox, Elizabeth Ellis and Patsey Carter and the children of my daughter
Edy Ashby shall not interfere with what I have given to any other of my
children; and as to the waggon that is now on my farm it is not my property
but the property of my son Ellis Oglesby.

6thly If any of my sons before named should die before the division of my
estate, and should not particularly dispose of the negro which may fall to
them in the division, then in that case either of my sons that may be
living may pay to the children or heirs of the deceased the amount of what
the negro may be appraised to, and take the said negro.

7thly All the legacies given in this will is given to the persons named to
them and theirs forever.

And lastly I do hereby constitute and appoint my son Ellis Oglesby and my
brother Jesse [?] Oglesby executors to this my last will and testament
hereby revoking all other wills or testaments by me heretofore made. In
witness whereof I have hereunto set my hand and affixed my seal this twenty
sixth day of Nov. one thousand eight hundred and twenty three.

Wm Oglesby (seal)

Signed in presence of
Stephan H. Maddox
Michael Smyser [?]

P.S. If I should die of my present illness my property is to be kept
together until the first day of Nov. next.               

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