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Elisha Embry Will
State of Kentucky
>
>In the name of "God "Amen
>I Elisha Embry of the County of Cumberland and State afore said being some
what advanced in age, but of sound and disposing mind and knowing it is
appointed for all men to die have thought proper to dispose of my worldly
estate as the following lines will exhibit and I declare this to be my last
will and testament for that purpose.
>
>In the first place I recommend my soul to God, and that my body be
decently interred and that all my just debts be paid.
>
>Second I give and bequeath to my wife Nancy Embree all my estate both real
and personal consisting of land, Negroes, stock of all kinds and all my
evidences of debts due me and like wise every species of property whatever
that maybe on hand at the time of my death. Should she survive me for and
during her natural life, like wise the product arising out of it after my
decease.
>
>Third I nominate, constitute, and appoint my son Andrew J. Embree and my
son Elisha Embree as soon as he shall arrive to lawful age, My executors
and my wife Nancy as executrix to this will and they are fully authorized
to sell or manage any part or the whole of my said estate in any way they
may deem proper for the ultimate interest and benefit of my legates herein
after named
>
>Fourth I wish my two sons Elisha and John Nicholas to have a liberal
education and my wife Nancy is fully authorized to perfect that as much
desired object out of my estate place in her hands, and no account is to be
kept against this and in the event of my wife Nancy's death previous to
this completion of their education my son Andrew J. Embree is to retain and
set apart in his hands as an executor a sufficient portion of my estate for
the use benefit, support and education of my said sons Elisha and John
Nicholas Embree. Which amount is not to be considered as forming a part of
their distributive share on a final dividend of my estate and against my
legates. The remainder of my property can then be disposed to the best
advantage under the direction of my son. Andrew J. amongst all my legates
after taking into consideration the respective sums which each of my
children has already received as here in after set down to each. So as to
place all upon equally. All the children of my daughter Elizabeth who has
departed this life late to form one distributive share and the amt.
Previously given to her as has ---set down is to form a part of that
distributive share together with some notes which I now hold on her Husband
William H. Bledsoe. Which is not to carry any interest and none is to be
charged.
>
>Fifth I sold a Negro girl named Lucy for the sum of $450. Which girl is
charged to and offers a part of the sum as charged herein to my daughter
Elizabeth late Elizabeth Paine, which sum has been leaned at interest which
has increased the sum to $534.37/100 for which amount I now hold Ryoden and
Sweeny note. Is equity that the children which my said daughter had by her
first husband William Bledsoe should receive sum together with all interest
it may have produced at the time of my death over and above their
distributive share. My executor & Executrix if in life are therefore
directed to pay out of my estate that sum with its interest as previously
stated to Harriet, Nancy, Agnes and William Bledsoe as they may require it
or to their legal representative.
>
>I have given to my daughter Minerva Furgus formerly Minerva Embree to her
and the natural issue of her body the sum of $590.50/100 amts. As a part of
her distributive share which she is to charge with on final divisions of my
estate.
>
>I have given and ever to my daughter Margaret Graves in property the
amount of seven hundred and ten dollars Which forms a part of her portion
of my estate and for which sum she is charged to account for a final
settlement of my estate. The Negro girl Susan forms a part of this charge,
which I give to my said daughter Margaret and the issue of her body
forever. I have given to my daughter Jullia Winfrey the value of $488.
With which she is chargeable on a final division of my estate. As a part
of her distributive share. The Negro girl Milley formed a part of this his
charge which I give to my said daughter Julia Winfrey and the issue of her
body forever. I have previously given my daughter Sarah Daugherty the
value of $256, which forms a part of this distribution. Share that she is
charged with that amount.
>
>
>If after my death, my wife Nancy Embree should marry then in that event
immediately after this marriage my son Andrew J. Embree & Elisha if of
sufficient age as Executors shall take into possession the whole of my
property on hand and her power as an Exectrix\rive shall cease. & Determine
a one third part of my property shall be set off to her during her natural
life which shall return to be divided amongst my legates.
>
>Should my wife Nancy depart this life before me I wish at my decease that
all my property be equally divided or sold at public sale and the proceeds
divided or sold at public sale and the proceeds be divided among my legates
setting apart first a portion sufficient for the education of support of
John & Elisha and my said son Andrew J. Embree is to take charge of the
same for that purpose as stated in the 4# item of this will and on a final
division each child or legates is to charged with the amount set down and
charged them as above as a part of their distributive share. I nominate,
constitute and appoint my son Andrew Jackson Embree as trustee with full
power to take charge of whatever distribution portion of property or maine
which maybe allowed to my daughter Sarah Daugherty on a final division of
my estate to take charge of & Manage the sum to the best advantage for the
benefit of my said daughter Sarah and the issue of her body.
>
>Minerva Furgus, Sarah Daugherty, Francis M.K. Daniel Margaret Graves,
Andrew J. Embree, Julia Winfrey, Elisha and John Nicholas Embree. I
declare to be my Legatees of this my last will and entitled each to
distribute shares together with the grand children, Harriet, Nancy, Agnes,
and William Bledsoe, and Elizabeth Francis Paine children of my daughter
Elizabeth who are entitled to one distributive all under the direction and
upon principles as previously set forth.
>
>In witness where of I have here unto set my hand and like wise acknowledge
the same to have been duly executed and its contents perfectly understood
before its execution. Given under my had this 26th day of January in the
year of our lord one thousand eight hundred and thirty seven.
>
>
Elisha Embree (seal)
>Test
>Hugh R. Nixon
>James L Parke
>Jof Bledsoe
>Codicil
>
>As a codicil to the annexed will I Elsha Embree have thought proper to
alter my said will so far as the Negro girl Jinny is concerned. She being
generally known as yellow Jinny and one of my slaves will to my wife Nancy
during her natural life. In as much as said girl Jinny has been a faithful
and obedient slave I have thought proper to declare that after the death of
my wife Nancy that said slave yellow Jinny shall be permitted to enjoy all
the privileges of liberty and remain no longer in a state of slavery and my
legates as named in the annexed will are not to be permitted to take her
into a division of property. If I should survive my wife at my death she
is to enjoy the privileges of liberty as previously set forth and I like
wise direct that the sum of $100 to be set apart out of my estate at the
death of my wife and at my should I survive her for her use and benefit.
>
>
>
>the last statement is hard to read and I believe incomplete.
>source:
>
>Will Book C pg 403-405 dated 26 Jan. 1837 Cumberland Co KY
(submitted by Jim and Helen)

1824 Will of Ballenger Wade
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