Muhlenberg County Kentucky
Wills: W
James Weir, 1845
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Transcription
In the name of God Amen! I, James Weir, of Greenville, Kentucky, do make and declare this my last will and testament.
I give and bequeath to my beloved wife Ruth three hundred dollars per annum during her natural life and widowhood, that is it is my will that she receive of my estate three hundred dollars a year each year during her widowhood, and further that during her widowhood she is to have a home in my house with my children, and the above provisions for my wife are in addition to those made by marriage contract. There is a probability that my wife may have a child of which she is now pregnant, and if such child should live, it is my will that it have & receive an amount of my estate that shall equal in value the parts or portions of my other children.
I give and bequeath to my daughter Ann my house, storehouse, and warehouse in the town of Greenville together with all my houses and lots, out lots and in lots in said town, and also the two hundred acre tract of land near said town called the Jesse Kerby tract, and the tract west of town on which my farm is, containing about two hundred acres, to her during her natural life and her children after her., and in any adjustment of their respective interests among my children this property so bequeathed to my daughter Ann is to be valued as equal to ten thousand dollars.
I give and bequeath to my daughter Susan M. my tavern house, storehouse and all my houses and lots in the twon of Hopkinsville to her during her natural life, and her children after her, and in the settlement of their respective interests among my children, the property thus bequeathed to my daughter Susan M. is to be valued as equal to ten thousand dollars.
I give and bequeath to my daughters Ann & Susan M. all my slaves now owned and claimed by me in my proper right, to be equally divided between them, and in the settlement of their portions of my estate said slaves or negroes are to be estimated at cash value. I bequeath said slaves to my said daughters during their natural lives, and to their children after them.
The slaves of Richard Thompson which by contract will come in to my estate, I give and bequeath to all my children, the above Ann and Susan M. included, to be equally divided amongst them, the shares which fall to my daughters to them during their lives, and to their children after them. And it is my will that said slaves be kept in the family and not sold out of it, during the lives of my children.
It is my will and desire that all my bank stocks and all my state bonds should remain without being sold or transferred during the existence of the charters of the banks in which I own stock, and during the period such state bonds are to run, but that the accruing dividends and interest thereon shall be equally divided amongst all my children, and that at the expiration of the above periods, the said stocks & bonds or their proceeds shall in like manner be equally divided amongst all my children.
I have heretofore given and advanced to my sons Edward R. & James and to my daughter Emily an amount in money & negroes which I consider equal to ten thousand dollars to each; and it is my will and desire that the settlement among my children of their respective interest be made upon this basis.
I give and bequeath to the American Bible Society in the city of New York, to be used for benevolent purposes, the sum of one thousand dollars.
I give and bequeath to my nephew James W. Poag the sum of five hundred dollars.
I give and bequeath to my sister Jane Poag the sum of two hundred dollars.
I give & bequeath to Maria Kinney two hundred dollars.
I give and bequeath to my niece Jane Short for the purpose of buying a remembrance diamond ring fifty dollars.
I give and bequeath to my niece Susannah Rumsey for the purpose of buying a remembrance diamond ring fifty dollars.
I give and bequeath to Caroline R. Wing for the purpose of buying a remembrance ring fifty dollars.
I give and bequeath my gold watch to my son James and my piano to my daughter Susan M., and all the rest of my household & kitchen furniture & provisions on hand together with my library & farming utensils, I bequeath to my daughter Ann, but all the property in this clause given to my daughter Ann is to remain for the general use of herself and benefit of herself & my wife & daughter Susan, so long as they remain with her.
In the settlement among my children, no estimate is to be made of watch or piano, and on account of the dwelling given my daughter Ann being reserved for a home for my wife during her widowhood, no estimate is to be made or valuation put upon the property in this clause bequeathed to my daughter Ann, but in case my said daughter Ann should fail to provide for my wife a suitable and comfortable home, board & accommodations, then the aforesaid furniture of every description in my house above bequeathed to my daughter Ann is to be valued and estimated at twelve hundred dollars and to constitute that part of her portion in settlement.
It is my will that my executors shall, if they see proper, sell and convey any of my landed estate not herein disposed of; and divide the proceeds amongst all my children.
I will that my carriages, horses, and cattle be appraised and that my children take them at the appraisement, and if they cannot divide and take them at appraised prices, then that they be sold.
If circumstances should prevent my daughter Ann, or if she should fail to provide a comfortable home as aforesaid for my wife, then and in that case, it is my will that my executors pay to her annually during her widowhood one hundred ollars in addition to and above the three hundred dollars a year herein before specified.
I have in the possession of my sister Nancy three negroes, placed by me in her hands to serve her during her life. Now it is my will that at the death of my said sister, the said negroes be equally divided between my daughters Ann & Susan M. in the same manner & under the same regulation as the slaves herein before devised them.
It is my will that my executors shall within three months after my death pay to my wife Ruth one thousand dollars, the sum specified in our marriage contract and in satisfaction thereof, so that she may loan it out safely at interest.
After the payment of all special legacies herein set forth, it is my will and desire that all the rest of my estate of every description should be as equally divided as can be among all my children, due regard being had to the advances made to some, and the amount hereby bequeathed to others of my children, for my desire and will are that each of my children should have an equal part as near as may be. I wish it understood that this division of my estate in this clause named is not to include bank stock & state bonds, the dividends & interests thereon are to be annually equally divided, but the stock it self is to be divided as the charters of the banks expire, and the amount of the bonds as they fall due.
As I have by the labors of my life made a handsome estate for each of my children, I hope they will settle their respective interests justly & amicably without lawsuit or dispute, but if any difficulty should arrise as to the intent & meaning of this my will, it is my desire that my children shall choose three intelligent and honest men whose opinion shall settle the same.
I hereby appoint my sons Edward R. Weir, James Weir and my son in law Samuel M. Wing executors of this my last will and testament, hereby revoking all former wills, and I hereby declare this instrument on the foregoing seven pages contained, and to each sheet of which I have signed my name, to be my last will and testament. Given under my hand this 1st day of July 1845.
James Weir
Witnesses
Edward Rumsey
Wm. H.C. Wing
Commonwealth of Kentucky
Muhlenberg County Sct.
August County Court 1845
The foregoing last will and testament of James Weir, deceased, was exhibited in to court, and proved to be the act and deed of the said decedent by the oaths of Edward Rumsey and William H.C. Wing, the subscribing witnesses thereto, and ordered to be recorded, which is thereupon admitted to & truly recorded.
Att. Ch. F. Wiing Clk.
Source: Muhlenberg County Kentucky Will Book 3, pp. 72-75.
Updated August 21, 2022