Muhlenberg County Kentucky
Wills: M
Samuel McClelland, 1859
Image
Transcription
Muhlenberg County, Kentucky
March 19th A.D. 1856
I, Samuel McClelland, of the county and state aforesaid, being of sound mind and disposing memory, do make this my last will and testament, revoking all other former wills and testaments heretofore made by me.
Item 1st, My will is that after my death, I wish all just debts against me to be piad.
Item 2nd, I wish at my death that my executor shall pay John McLelland, Samuel McLelland, my daughter Unity Esters and my daughter Ester McCelland five dollars out of my estate, which shall be full for their portion of my estate.
Item 3rd, I have heretofore loaned Burgess Sweeny three hundred & fifty dollars. Said Sweeny married my daughter Nancy and my daughter Mary Williams has transferred a claim she has or may have in my estate to said Burgess Sweeny. My will is that he have that amount and that all claims of Mary Williams upon my estate should be settled by said Sweeny and that my executor shall not pay said Sweeny or wife or said Williams or wife any more[?] out of my estate but the above shall be in full for any interest and claim they have or my have on my estate as heirs at law or equity.
Item 4th, my will is further that the balance of my estate be equally divided between David McClelland's children by the last wife, the children coming in as one heir, Joseph McClelland's wife and children by said McClelland the wife and children coming in as one heir, Sarah Medgel and Andrew McClelland, being four heirs at law, and each to receive one fourth of the remainder of my estate.
Lastly, I will and desire nominate and appoint my son Andrew McClelland the executor of this my last will and testament.
Separate and apart from the above devises, I have a chest which I give to Nancy Sweeny. Such other articles that I own as household furniture, bed or bed clothes, clothing &c. I give to my son Andrew McClelland which is not to be taken as a part of my estate & not to be estimated in the division with the device to the four legatees last mentioned.
In witness whereof I have hereunto set my hand and seal day and date first above written.
Samuel his x mark McClelland
Witnesse
J.H. Reno
Henry Sadler
E.M. Smith
R.B. Robertson
State of Kentucky
Muhlenberg County Sct.
July County Court 1859
I, Jesse H. Reno, clerk of the County Court, do certify that the foregoing will of Samuel McClelland was this day produced into Court and proven by the oaths of Jesse H. Reno & Henry Sadler, two of the subscribing witnesses thereto, and the deposition of E.M. Smith. Which was ordered to and which is truly recorded this July 25” 1859.
Att. J.H. Reno Clk.
The Commonwealth of Kentucky
County of Muhlenberg
To any Justice of the Peace or other office authorized by law to take depositions in Smith County and state of Tennessee.
You are hereby authorized, directed and commissioned to call before you the witness E.M. Smith to the will of Samuel McClelland, which will is annexed hereto, at such time & place as may be designated by Burgess Sweeny or any of these, [?] the recording of said will by notice [?] on [?] and you will after swearing said Smith according to law take and certify to the Muhlenberg County Court the disposition of said Smith. Given under my hand as clerk of the Muhlenberg County Court, this the 19” day of November 1858.
J.H. Reno clerk of the Muhlenberg County Court
pr. S.J. Boyd D.C.
Source: Muhlenberg County Kentucky Will Book 3, pp. 183-184.
Updated August 27, 2022