Bath-Fayette County KyArchives Wills.....Warner, James Dudley December 11 1934
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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.

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