Davis.Jonathan.1849.Spencer.WILLFrom: KyArchives [Archives@genrecords.org] Sent: Monday, July 24, 2006 12:42 PM To: Ky-Footsteps Subject: Davis.Jonathan.1849.Spencer.WILL Jonathan Davis January 27, 1849 Spencer County KyArchives Will Source: Spencer Co. Ky Will Bk C, Pp 248- Written: January 27, 1849 Recorded: December 3, 1849 Transcription: Jno DAVIS Will In the year of our Lord one thousand eight hundred and forty nine and January the 27th day, I Jonathan DAVIS senr of the County of Spencer and State of Kentucky being in my disposing mind and memory do hereby ordain and make this my last will and Testament, hereby revoking all other wills heretofore made. In the first place it is my wish that the whole of my Estate real, personal and mixed shall be sold and that my Executors or either of them hereinafter named shall have full power to sell alien convey and confirm all or any and every part or parcel of said Estate both real personal and mixed and that my just debts and funeral expenses be first paid out of the proceeds thereof after which I will and bequeath to my niece Catherine L. DAVIS the sum of five hundred Dollars which legacy I ____ that my Executor or Executors shall place in the hands of Charles DAVIS, the interest of which is to be applied annually to her benefit and support during her natural life and at her death said Legacy is to be equally divided among the said Catherine L. DAVIS' sister and Brothers or their heirs or representatives 2nd I will and bequeath to my niece Susan B. HAGAN (formerly Susan B. DAVIS) the sum of five hundred Dollars to be hers forever -- 3rd I will and bequeath to my Nephew John DAVIS the sum of five hundred Dollars to be his forever. 4th I will and bequeath to my Nephew Jonathan DAVIS Jr the sum of five hundred Dollars to be his forever. 5th I will and bequeath to my Nephew Charles DAVIS the sum of six hundred Dollars to be his forever --6th I will and bequeath to my niece Mary E. McAFEE (formerly Mary E. DAVIS) the sum of Three hundred Dollars to be hers forever. 7th I will and bequeath to the heirs of Jephthah and Roda BERKLEY the sum of five hundred Dollars which sum I direct that my Executor or Executors shall divide into eight equal parts among the heirs of said decedants to be theirs forever. 8th I will and bequeath to the heirs of Thomas and Nancy DUNCAN Dec'd (formerly Nancy BERKLEY) the sum of five hundred Dollars which sum I also direct that my Executor or Executors shall divided into seven equal parts for said heirs to be theirs forever -- 9th I will and bequeath to my niece Elizabeth MAY (formerly Elizabeth BERKLEY) the sum of five hundred Dollars which legacy I direct that my Executor or Executors shall pay over to Humphrey MAY in trust the Interest of which sum the said Humphrey MAY is to apply annually for her benefit and support during her natural life. 10th I will and bequeath to my nephew Hamlet DAVIS the sum of Dollars to be his forever -- 11th I will and bequeath to my nephew William Y. DAVIS the sum of five hundred Dollars to be his forever --12th I will and bequeath to my nephew Hamlet N. DAVIS the sum of five hundred Dollars to be his forever -- 13th I will and bequeath to my half niece Matilda HOSKINS (formerly Matilda BERKLEY ) the sum of one hundred and fifty Dollars which legacy I direct that my Executor or Executors shall pay over to Thomas D. GREEN in trust the interest of which is to be applied annually for her support and benefit during her national life and at her death it is to be divided equally between her children or their representatives on the next place it is my wish and desire that the residue of my Estate shall be divided equally among my great nephews and great nieces, except the heirs of Philip W. TAYLOR and Sarah Ann TAYLOR (formerly Sarah Ann DAVIS) and the heirs of Isaac McAFEE and Mary E. McAFEE (formerly Mary E. DAVIS) there being eight of them who I direct shall receive half shares each with the other great nephews & nieces for the reason that the said Philip W. TAYLOR and Isaac McAFEE received considerable benefit from money heretofore loaned of me and they are still indebted to me for the same -- 1st my Great nephews and nieces namely Elizabeth RUSSELL (formerly Elizabeth HAGAN) Mary D. HAGAN, Andrew J. HAGAN, Joseph L. HAGAN and Catharine D. HAGAN heirs of Francis and Susan B. HAGAN, 2nd Joseph DAVIS and Mary E. DAVIS heirs of John DAVIS and Lucy DAVIS ---- 3rd James T. DAVIS, Ann E. DAVIS, Vincent DAVIS, William L. DAVIS, Sarah C. DAVIS and Mary J. DAVIS heirs of Jonathan DAVIS and Susan S. DAVIS. 4th Searls DAVIS and Mary DAVIS heirs of Charles DAVIS and ____ Davis -- 5th Susan GREENS heirs (formerly Susan BERKLEY) there being two. Hugh BERKLEY, Elizabeth GREEN (formerly Elizabeth BERKLEY) Melinda BERKLEY, Jonathan BERKLEY, Nancy D. BERKLEY, Joseph W. BERKLEY and Presley BERKLEY Heirs of Jephthal and Roda BERKLEY Deceased 6th Scarlet B. MAY, Marie MAY, Jonathan MAY and Susan MAY Heirs of Stephen and Elizabeth MA Y (formerly Elizabeth BERKLEY -- 7th Ann DAVIS, Mary DAVIS and Sarah DAVIS Heirs of William Y. DAVIS and Becky DAVIS -- 8th Ann DAVIS, Lucy J. DAVIS, India DAVIS and _____ DAVIS Heirs of Hamlet N. DAVIS and Helen DAVIS -- 9th Eliza P. MASON daughter of Notley MASON and Julia Ann MASON (formerly Julia Ann DAVIS)-- 10th Ann M. MONTGOMERY daughter of William BLACKWELL and Helen G. BLACKWELL (formerly Helen G. DAVIS) to be theirs forever. 11th ___ the Heirs of Philip W. TAYLOR and Sarah Ann TAYLOR (formerly Sarah Ann DAVIS) and Isaac McAGEE and Mary E. McAFEE (formerly Mary E. DAVIS) who are to receive half shares are as follows viz: Elizabeth A. TAYLOR, Catherine TAYLOR, Charles TAYLOR and Eliza TAYLOR heirs of Philip W. TAYLOR and Sarah Ann Taylor and the Heirs of Isaac McAFEE and Mary E. McAFEE are Ann McAFEE, George McAFEE, Catherine McAFEE and William McAFEE heirs of Isaac McAFEE and Mary E. McAFEE -- Lastly it is my wish that Jonathan DAVIS, William Y. DAVIS and Thomas DUNCAN or either of them shall act as my Executor or Executors and that they or either of them at my death shall have full power to sell alien convey and confirm all or any part or parcel of my Estate bother al personal or mixed agreeable to the true intent and meaning of the foregoing will. Given under my hand in the presence of the subscribing witnesses this the day and date before mentioned Witness Humphrey MAY Jona DAVIS [seal] Charles B. MAY At a County Court held for Spencer County on Monday the 3rd day of December 1849 This writing purporting to be the last will and Testament of Jonathan DAVIS senr Deceased was proved according to law by the oaths of Humphrey MAY and Charles B. MAY witnesses thereto and is ordered to be recorded and on the motion of Jonathan DAVIS, William Y. DAVIS, and Thomas DUNCAN the Executors therein named who made oath thereto and together with John DAVIS, Charles DAVIS and Charles B. MAY their securities entered into and acknowledged their Bond in the penalty of $22000 conditioned as the law directs Certificate is granted them for obtaining a probate of the said will in due form Attest Raphl LANCASTER CSCC Transcribed by Patricia O'Connor p-oconnor@att.net Submitted by: Patricia O'Connor p-oconnor@att.net This file has been created by a form at http://www.genrecords.org/kyfiles/