Muhlenberg County Kentucky
Wills: L
William G. Lee Sr., 1901
In the name of God, Amen. I, William G. Lee Sr. being of sound mind and of disposing memory and knowing it is once appointed to all men to die and being desirous to dispose of my worldly possessions that I have been blessed with, do make, ordain and publish this my last will and testament, revoking all wills heretofore made by me.
Item 1st, I desire that all my just debts owing by me at my death be paid, including funeral and burial expenses and should I outlive my wife, then that all of her expenses for funeral and burial expenses be also paid, out of my estate.
Item 2nd, I hereby affirm to my son Richard W. Lee, the tract of land heretofore given, conveyed to him, containing one hundred and five acres, more or less and part of my old homestead and for boundaries thereof see the conveyance made to him as aforesaid and upon which my said son Richard W. Lee now lives and this is to be in full of my said son's part interest and share of my entire estate.
Item 3rd, I also affirm unto my son William G. Lee Jr. the tract of land heretofore given and conveyed to him by me containing one hundred and five acres, more or less, being the one half of he old homestead tract and the same my said son now lives on and the boundaries of which are mentioned and described in the said conveyance and the other half is that mentioned in “Item 2” of this will, to my son R.W. Lee and this bequest is in full of my said W.G. Lee Jr. interest in my entire estate.
Item 4th, I will and bequeath to my son Finis Lee a certain boundary of my present tract of land upon which I now live and which I purchased of Jesse K. Reno and twelve acres I purchased of Mrs. Sarah Brown both tracts containing about one hundred and thirty two acres. The part that I will and give to my said son is bounded as follows:
Beginning at a rock, the corner of the Marion Brown and the Jesse K. Reno tract, running with the lane between Ed Sanford and Mrs. Sarah Brown about forty poles to another rock, the corner made of the twelve acres on the Brown old line, from thence back to the line of the Reno land about forty poles to an ash and sugar tree, thence with Reno old line about &91;blank] poles to the mouth of the lane, running through the said Reno place to a cross fence on said Reno place, thence in a straight line to the back line of the said Reno place, thence with the line between said Sanford and the said Reno place to the beginning. This boundary includes the whole twelve acre tract aforesaid and part of the Reno tract aforesaid and the tobacco house, dwelling, corn crib and other improvements put thereon by my said son Finis Lee, upon the condition that my said son shall pay the sum of two hundred dollars in money at any time he wish to me, and further my said son is to contribute to my and my wife's support in our old age, if required and called upon by us to do so during the remainder of each of our natural lives and for the payment of the two hundred dollars and the support as aforesaid a lien is retained on the land therefor and this shall be in full of his share in my entire estate.
Item 5th, I will and bequeath to my son Francis M. Lee the remainder of the Reno place the same upon which I live and the remainder after deducting that part willed to my son Finis Lee, provided he returns to the place and takes charge of that part here devised to him and assists his brother Finis if required by me in the support of me and my wife during the remainder of our natural lives and pays to my daughter Mat Oberby [Overby], wife of William Oberby [Overby], the sum of two hundred dollars in money before or after my death and she is to have a lien upon the tract of land here bequeathed to my said son F.M. Lee for the payment of said $200.00 as aforesaid and a lien is also retained on said land so bequeathed to F.M. Lee for the contribution by him to the support of me and my wife or the survivor and in the event that my son Francis M. Lee does not return to my home and take charge of the place and in all respects comply with the conditions of this bequest, commencing with the year 1893, then this bequest is to be void as to him and the same shall revert to my daughter Mat Oberby [Overby] and she is to pay my said son the sum of two hundred dollars and it shall be in full of his part, share and interest in my entire estate and take charge of my farm and including the part bequeathed to Finis Lee and contribute to our support and pay the $200 aforesaid there that shall be in full of his entire part and share of my estate.
Item 6th, I will and bequeath unto my daughter Ann Harkins, widow, the sum of two hundred dollars in money and the one half of my entire personal property left by me at my death provided I should out live my wife, should my wife survive me then the personal property here bequeathed is not to be acquired until her death. I mean by this bequest that my said daughter is to have one half of any stock, horses, mules, cattle, hogs, sheep and household and kitchen furniture, beds, bedsteads, bedding, grane [grain?] and personal property of every description at my death and the death of my wife, as the case may be as aforesaid and the &d0llar;200 is to be paid her before or after our death by my son Finis Lee and the same mentioned in the bequest to him in this will.
Item 7th, I will and bequeath to my daughter Mat Oberby [Overby] the sum of two hundred dollars in money to be paid by my son Francis M. Lee as stated in “Item 5th” of this will in regard to my said son and subject to the conditions therein and should my said son not accept or perform the conditions of this will as to him and my said daughter Mat Oberby [Overby] should have to pay him the $200, then the bequest of $200 in this item is not to be paid her but she takes [the land] as stipulated in said “Item 5th”.
And I also bequeath to my said daughter Mat Oberby [Overby] in addition to what is stated as aforesaid, the one half interest of all my personal property as mentioned and stated in “Item 6th” to my daughter Ann Harkins and upon the conditions as to when to be taken or acquired.
Item 8th, it is my request that said personal property devised to my two daughters be divided by them and if they cannot agree upon a fair division of it then it is my request that they select two good persons with power to them to select a third and for them to make a fair division of said property between my said daughters. I do not wish that there should be any trouble in the division of this property nor that any one of them should go to law over what little I have here given them and should any of my children herein mentioned should be law endeavor to set this will aside by contesting it in Court, I then revoke the bequest to said son or daughter or said sons or daughters that so institutes proceedings for that purpose and will that he, her or their interest go equally to my other children who do not take part in such proceedings. I have endeavored to do right and to divide justly between my children in this will and I do not wish its provisions to be interfered in by any one of them.
Item 9th, at my death and should I die before my wife Martha J. Lee, I desire that all money and choses [sic] in action that I leave, shall belong to my said wife during her life, to live on if necessary and at her death she shall divide them among my children as she may wish.
This 2 day of March 1892.
William x G. Lee, Sr.
Subscribed by William G. Lee, Sr., in our presence, March 2, 1892.
S.P. Love
T.C. Robertson
I, W.G. Lee of the County of Muhlenberg and State of Kentucky, do make this Codicil to the within will made March 2, 1894, do make this change in regard to “Item 5&rdquo in regard to the bequest to my son Francis M. Lee. The bequest to him was conditioned upon his return to and take charge as therein contained of the bequest to him commencing with the year 1893. But since Francis M. Lee did not so return but did return and took charge the first of the year 1894 and now should he comply with the terms and conditions of said “Item 5” aforesaid from this time then he takes as though he returned in the year 1893. This 11 day of August 1894.
W.G. x Lee
Witness
S.P. Love
W.E. Roark
State of Kentucky, Muhbg. Co.
May 27. May Regular Term 1901. The foregoing last will and testament of W.G. Lee, Sr. was produced into Court on the date above written and proven to be the act and deed of said decedent, by the oaths of S.P. Love and W.E. Roark, the two subscribing witnesses thereto. Whereupon the same together with the Codicil thereon is adjudged to be the last will and testament of said decedent and was ordered to be recorded, which is now done accordingly.
Ed S. Wood, Clerk by C. Wood, D.C.
Source: Muhlenberg County Kentucky Will Book 4, pp. 228-233.
Updated Augusts 7, 2022