Boone County, KY - Wills:  Kirtley, Jeremiah, 1806

Wednesday, 8 December 1999



Submitted by: lharbing@worldnet.att.net  (Buddy & Linda Harbin-Grubbs)

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Boone Co., KY. Will Bk. A. pgs. 31-41, 

signed and dated 4th day of February 1806 



   Last Will and Testament of Jeremiah Kirtley

 

In the name of God Amen,  I Jeremiah Kirtley of the County of Boone and 

State of Kentucky being in Sound mind and disposing memory for which I thank 

God, but Calling to mind the uncertainty of life and being desirous to 

dispose of such Worldly Estate as it hath pleased God to bless me with, I 

give and bequeath the same in manner following....Viz.  Item, I lend to my 

dearly beloved Wife, Mary Kirtley during her natural life the whole of the 

two tracts of land the one whereon I now live which I purchased of Merry 

Walker, and the other that which I purchased of Henry Coons, except such 

parts of them that I shall herein after bequeath to Robert Kirtley and 

Permelia Sanford, Also my Horse Mill and all the appertances and Improvements 

unto the said land belonging -----likewise my road Waggon and gear, Also I 

lend to my beloved Wife Mary Kirtley during her natural life eleven of my 

negroes namely Ned, Nanny, Pippen, Milley, Tandy, Eve, Slivey, Ben, Pat, 

Lewis and Rose and their increase together with all my household and kitchen 

furniture except my desk and book case, also one half of all my stock of 

horses, Cattle, sheep, hogs and plantation tools, and in order that the 

same may be equally divided it is my desire that my Executors shall divide 

my stock and tools aforesaid as equitable as they can and when so desired 

for my beloved wife to have her choice, and the other half to be sold by my 

Executors at the end of the year in which my Death takes place, provided it 

shall be after the first day of March, and twelve months credit, by the 

purchasers, by the purchasers giving bond with approved Security and the 

money arising from such sale after paying my Just Debts to be equally divided 

unto six shares and my five Children, to Wit, Sarah Rogers, Elizabeth  Walker, 

Jeremiah Kirtley, Robert Kirtley, and Permelia Sanford, to have or Share each, 

& Milton Eve, Levenia Eve, & Clarissa Eve my grand Children who are Heirs and 

legatees of my Daughter Clary Eve, Deceased to have the others Share to them 

and their heirs forever,  Item= I give and bequeath to my son Robert Kirtley 

that part of the tract of Land whereon I now live which I purchased of Merry 

Walker, and so much of the tract of land that I purchased of Henry Coons, 

which lies on the North West of side of a line which is as follows, Beginning 

where my line Crosses Second Creek near the lower end of Uriah Hardesty's 

plantation then up the said Creek to the mouth of the first branch at a 

Sycamore and Box elder marked with three chops each, thence up said branch 

to a fork, at a Buckeye marked with three chops thence a straight line to 

the end of a crop fence which encloses my Apple Orchard on the North West 

Side thence with said fence until it crosses the first branch which is the 

waters of Taylors Creek, then down the meanders thereof to the lower line of 

the land which I purchased of Henry Coons which is Walkers Patent line 

supposed to contain about two hundred acres be the same more or less to him 

the said Robert Kirtley his heirs and assigns forever;  Also I give and 

bequeath to my said son Robert Kirtley one other small tract of land which I 

purchased of John Taylor and hold it by a bond Containing about seventeen and 

one half acres lying on second creek to him and his heirs and assigns forever,  

I also give and bequeath unto my said son Robert Kirtley one Negro boy named 

Newman, one young sorrell Horse one featherbed, bedstead & furniture two cows 

and Calves six head of Sheep, two sows and piggs, and six hogs of not less 

than a year old each to him and his Heirs forever,  Item,  I give and 

bequeath to my Daughter Permelia Sanford that part of the tract of land 

whereon I now live which lieth Eastwardly of a branch which empties into the 

South fork of second Creek, to begin where my line Crosses the said branch 

then up the same with its meanders to where it crosses the line between James 

McIntosh and my self which is supposed to contain about one hundred and 

twenty acres and will include the plantation formerly occupied by James 

McIntosh to her and her Heirs & assigns forever;  Also I give and bequeath 

to my said Daughter Permelia Sanford seventy acres of land being part of the 

tract I purchased of Humphrey Marshall lying on Ashby fork and to be laid off 

in manner following   Viz,  Beginning at the Corner of Thrustons two thousand 

acre survey, which is corner to James McIntosh, then with his line towards 

the Sulpher lick one hundred and twenty poles, thence North fifty seven and 

a half degrees East such a number of poles as when running a line parallel 

with the first until it strikes Thrustons line and with it to the Beginning 

will make the quantity of seventy acres to her and her heirs & assigns 

forever;  I also give and bequeath to my said Daughter Permelia Sanford one 

Negro man named Sam to her and her heirs forever.  I give and bequeath to my 

son Jeremiah Kirtley all the tract of land which I purchased of Humphrey 

Marshall on Ashby's fork Except that part which I have by this Will bequeath 

to my Daughter Permelia Sanford to him and his heirs and assigns forever.  

Item  I give an bequeath to my son Robert Kirtley after the Death of my 

beloved Wife Mary Kirtley, all the lands that I have by this Will lent her 

during her natural life together with my Horse Mill and all the improvements, 

and Apertenances unto the said land belonging to him and his Heirs & assigns 

forever,  Item  my desire is that if my death shall take place in any year 

after the first day of March that then the whole of my Negroes shall continue 

to work on the farm whereon I live and remain undivided until the end of the 

year, at which time the whole of the Crop to be divided and one half thereof 

to be for the use of my beloved Wife Mary Kirtley, and the other half to be 

sold by my Executors for ready cash and the money arising from the sale to 

pay my son Robert Kirtley thirty dollars in order to procure necessaries for 

house keeping and the balance to be equally divided into six Shares and my 

five Children, to wit, Sarah Rogers, Elizabeth Walker, Jeremiah Kirtley, 

Robert Kirtley, and Permelia Sanford to have a Share each, and Milton Eve, 

Levenia Eve, & Clarrissa Eve my grand Children who are heirs of my Daughter 

Clary Eve deceased to have the other Share to them and their Heirs forever,  

Item, My desire is that at the end of the year in which my death takes place, 

(if it shall happen after the first day of March) that my Executors shall 

sell my Stage Waggon and gear, desk and Book Case and the following slaves, 

To Wit, Dublin, Frederick, Mariah, Harry and Edmund and their increase if 

any for ready Cash and the money arising from the sale after paying my Just 

debts to be equally divided into six shares and my five Children, to Wit, 

Sarah Rogers, Elizabeth Walker, Jeremiah Kirtley, Robert Kirtley & Permelia 

Sanford to have a share each, and Milton Eve, Levenia Eve and Clarissa Eve, 

my Grand Children, who are Heirs of my Daughter Clary Eve deceased, to have 

the other share to them and their heirs forever;  Item  my desire is that at 

any time, at or before the day of selling the property as is by this Will 

directed to be sold, of my beloved Wife Mary Kirtley shall choose  to give up 

for distribution Eve and Rose two of the Negroes which I have lent her during 

her life, that then in that case my desire is that my Executors shall Value 

them as near their worth as they can and when so valued my Will is that my 

Grand Daughter Levenia Eve shall have Eve, and that my Grand Daughter 

Clarissa Eve shall have Rose and that it shall be considered and Charged to 

their accounts respectively as so much paid to them of their parts out of my 

Estate and in that case I do give and bequeath Eve to Levenia & Rose to 

Clarissa to them and their heirs forever.  Item  I give and bequeath to my 

son Jeremiah Kirtley my large Bible in which is contained Browns Concordance, 

and to my Daughter Sarah Rogers after the death of my beloved Wife Mary 

Kirtley, my family Bible to them and their heirs forever,  Item  of my 

beloved Wife Mary Kirtley shall (at the day of selling the property herein 

directed to be sold) choose to give up for distribution any part of the 

property which I have lent her or any Slave or Slaves (except Eve and Rose) 

that then my Will and desire is that the same shall be sold by my Executors 

(on the same Credit if any) and money arising thereupon, distributed in the 

same manner as the other property of the same kind are sold and distributed,  

Item, my Will and desire is that at the death of my beloved Wife Mary Kirtley 

shall take place in any year after the first day of March, that no 

distribution shall be made until which time my Executors are to sell all the 

slaves with their increase that I have lent her (except such as may have been 

given up for distribution before that time if any) and all the stock, tools, 

Waggon and gear, household and Kitchen furniture and all the Crop made that 

year for ready cash and the money arising therefrom to be equally divided 

into six shares and my five Children, to wit, Sarah Rogers, Elizabeth Walker, 

Jeremiah Kirtley, Robet Kirtley and Permelia Sanford to have a share each, 

and Milton Eve, Levenia Eve, and Clarissa Eve my grand Children who are heirs 

of my daughter Clary Eve deceased to have the other share to them and their 

heirs forever,  Item, my Will & desire is that my Executors shall Collect all 

money due me either by bill bond or open account and the same after paying my 

Just debts to be equally divided into six Shares and my five Children, to wit, 

Sarah Rogers, Elizabeth Walker, Jeremiah Kirtley, Robert Kirtley and Permelia 

Sanford to have a Share each and Milton Eve, Levenia Eve, & Clarissa Eve my 

grand Children who are heirs of my daughter Clary Eve deceased to have the 

other share to them  and their heirs forever,  Item  I do hereby Constitute 

and appoint my son Jeremiah Kirtley Absalom Graves, and my son Robert Kirtley 

my whole and sole Executors of this my last Will and Testament revoking all 

other Wills here to fore made by me and declaring this to be my last Will and 

Testament  In Testimony whereof I Jeremiah Kirtley have hereunto set my hand 

and seal this twenty fourth day of February one thousand eight hundred and 

six.

 The word "same" in the 7th line of the first page and the word "up" in the 

fourth line of the second page and the word "heirs" in the 6th line of the 

third page and the word "her" in the seventh line of the fifth page entered

before assigned. 

     Jeremiah Kirtley (seal)

Signed and Sealed in the presence of: Uriel Sebree, James Hawkins, William 

Rogers, Wm. Cave, James McIntosh

 

Boone County March Court 1806

 The last Will and Testament of Jeremiah Kirtley deceased was produced in 

Court proved by the oaths of Uriel Sebree, William Rogers & James McIntosh, 

subscribing witnesses thereto and ordered to be recorded, and on the motion 

of Jeremiah Kirtley Junior and Absalom Graves two of the Executors therein 

named who made oath thereto agreeable to Law and together with Cave Johnson, 

Joseph Graves their securities entered into & acknowledged their bond in the 

penalty of three thousand pounds Conditioned as the Law directs Certificate 

is granted them to obtain a probate thereof in due form. 

     Teste: Cave Johnson CLBC  

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