Bath-Fayette County KyArchives Wills.....Warner, James Dudley December 11 1934 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Darrell Warner http://www.genrecords.net/emailregistry/vols/00001.html#0000008 October 27, 2004, 4:17 am Source: Bath County Will Book Pages 272, 273, 274 Written: December 11 1934 Recorded: August 25 1936 Last Will and Testament of J. D. Warner I, J D Warner, of Bath County Kentucky, being of sound mind and disposing memory, do hereby make and publish this my Last Will and Testament, hereby revoking all other wills and papers of testamentary character heretofore made by me. Item I. It is my desire and I hereby direct that my funeral expenses and all my other just debts be paid as promptly after my death as practicable. Item II. I hereby give, devise and bequeath to my niece, Ollie Cannon Goodpaster, in fee simple my undivided one-sixth interest in the fifty-three (53) acre tract of land known as the Dawson-Tapp Farm, located on the Mt. Sterling Pike, Bath County, Kentucky. Item III. I hereby give, devise and bequeath to my nieces and nephews, George J. Warner, Mrs Chester Smoot, Mary Lillian Warner, Sarah Catherine Warner, James A. Warner, Sallie Dudley Dawson and J Warner Dawson, in fee simple, share and share alike, all the residue of my property, both real and personal, of every kind and description, which I own or have the right to dispose of at the time of my death. Provided, however, that in the event that any of my said devisees predecease me then in that event it is my desire and I hereby direct that the survivor or survivors recieve all my prpoerty in fee simple, share and share alike, except and unless said deceased devisee or devisees have surviving live issue, and in that event, it is my desire, and I hereby request and direct that said issue of said deceaseddevisee or devisees recieve from my estate in fee simple the respective share of his or her deceased parent. Item IV. I hereby nominate and appoint the Farmers Bank of Owingsville, Kentucky executor of this my Last Will and Testament, and hereby authorize and empower my said executor to sell at private of public sale, at such prices and at such time or times, and upon such terms of credit or otherwise, as it may deem best, the whole or any part of my real estate or personal property, to thereby effect a just and equitable division of my said estate. I further request and direct that my said executor be permitted to qualify as such without surety. In witness thereof I, J. D. Warner, have subscribed my name to the preceding page and have hereunto subscribed my name in the City of Lexington, Fayette County, Kentucky, this the11th day of Decemeber 1934. J. D. Warner The foregoing Will is written on one side of two pages, numbered one and two, and the same has been signed by the testator, and this Will is subscribed, ackknowledged and declared by J. D. Warner, the testator, as and for his Last Will and Testament, in the sight and presence of us, the subscribers who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as attesting witnesses this 11th day of December, 1934 Rufus C. Alley residing at 202 Security Trust Building Lexington, Kentucky Chester Smoot residing at Bath County, Kentucky William B. Gin residing at 813 Citizens Bank Building Lexington, Kentucky Commenwealth of Kentucky Bath County Court August Term 25th day of August 1936 I C. W. Bristow, Clerk of the Bath County Court, do hereby certify that the foregoing Instrument of Writing purporting to be the Last Will and Testament of J. D. Warner, deceased, late of Bath County, Kentucky, who died on the 24th day of August, 1936 was produced in open court and proven by the testamony of Rufus C. Alley and Chester Smoot, the subscribing witnesses thereto, whereupon the same was established by the court to be the Last Will and Testament of said testator and ordered to be recorded as such. Whereupon I have duly recorded the same together with the foregoing and this certificate in my said office. Given under my hand this 25th day of August 1936. C. W. Bristow Clerk Bath County Court by: Mrs. C. W. Bristow D.C. File at: http://files.usgwarchives.net/ky/bath/wills/nwl6warner.txt This file has been created by a form at http://www.genrecords.net/kyfiles/