Samuel McGINNIS April 19 1860 Boyle County KyArchives Will Source: Boyle Co Ky Will Book 1, Page 236 Written: April 19 1860 Recorded: October 16 1860 I Samuel McGinnis of the county of Boyle and State of Kentucky, do make and ordain this my last will and testament, hereby revoking all others by me made. First it is my will and desire that my wife Margaret McGinniss at my death, Select from my stock One choice Horse best with her own saddle, one bed and furniture and one Bureau, all the books she may wish together with any other furniture she may wish, Also one Rockaway & Harness. Also the interest of two Thousand Dollars payable Semiannually. The principal to be placed into the hands of a trustee or trustees for that special purpose. In case of her marriage, her Husband to be allowd [sic] the privilege to draw the principal out of the hands of the Trustees, provided he enters into a refunding bond to return the same into the hands of a Trustee, in the event she should be the longest liver and at her death the whole which may be left to be paid over to the Missionary board. But should she depart this life before her husband, then in that event the whole amount of the money to be held by him as her lawful Heir forever, provided they live together as man and wife untill her death. Should it be found necessary from sickness or otherwise to use more than the interest she is to be at liberty to draw a reasonable portion of the principal from time to time as her necesaties [sic] may require. Second. It is my wish after my death that my black man Jerry be emancipated provided it may be his wish to leave the State of Kentucky, and that a sufficient amount of money be drawn from my estate to pay his expences or the expences [sic] which may be encurred [sic] to take him to another State and in addition to pay over to him Fifty Dollars when he arrives to his place of destination, also to be furnished a good suit of clothes. In the event of his not wishing to leave the State and prefers remaining in Kentucky as a slave, It is my wish that he be allowed the liberty to select his master provided he selects a man who will purchase him at a reasonable price and that he be allowed a reasonable time to determine whether he remains in slavery or accept his freedom, say six months after my death. In the event of his preferring to remain in slavery, it is my wish that two Hundred dollars be set aside for his benefit (viz.) The interest of said sum to be paid over to him semiannually during his natural life, at his death the principal to fall back in as part of my Estate. Third. It is my will and desire that the following sums be paid out of my Estate as special bequests (viz) to my nephews, sons of Hezekiah McGinniss, in addition to what may be left to their father, to James McGinnis and William McGinnis One Hundred dollars each, also Josiah Godby One Hundred Dollars, his son Samuel McGinnis Godby One Hundred Dollars, J. J. Polk One Hundred dollars, L. G. Hicks one Hundred dollars and to John Bruce One Hundred dollars. Fourth. It is my wish after my death that the residue of my property both real and personal be sold by my Ex'rs on the usual credits. The proceeds after paying my debts if any and my special bequests be equally divided between my brothers and sisters or their Heirs, with the following exceptions (viz) The Heirs of my brother Washington McGinnis to be charged with Two Hundred dollars which is to be deducted out of their portion, after that amount is taken from their portion the balance to be equally divided among his Heirs including Grandison McGinnis as one of his Heirs who is to share equally with the balance of his children. The portion which may be due my Sister Lucinda Thomas I wish placed into the hands of a Trustee for her benefit the interest to be paid to her Semiannually untill the principal can be safely invested in real estate for her benefit or her legal Heirs. Fifth and Lastly. I hereby constitute and appoint my freinds John A. Burton and James W. Durham my Executors to this my last will and testament, also as Trustees Where I have appointed such to be made fully authorising them to carry all of its provsions into effect. Witness my hand and seal this the 19th day of April 1860. Samuel McGinnis (Seal) Witness W. F. Webb W. C. Campbell State of Kentucky Boyle County Court October Term 1860 I Jas. F. Zimmerman, Clerk of the Boyle County Court, do certify that at the above named Term of said Court the foregoing instrument of writing purpoting [sic] to be the last will and testament of Samuel McGinnis dec'd was produced and the due and legal execution and declaration of the same by said decedent duly proven by the oath of W. C. Campbell a subscribing witness thereto, and the attestation of W. F. Webb, the other subscribing witness also proven by oath of sd. Campbell. Whereupon it was adjudged by the court to be the true last will and testament of said Samuel McGinnis dec'd and as such it was ordered to be recorded, which hath been duly done in my office. Given under my hand this 16th day of October 1860. Att. Jas. F. Zimmerman, Clk By Geo. D. Boldrick, D. C. Submitted by: Linda Deppner http://www.genrecords.net/emailregistry/vols/00012.html#0002870 This file has been created by a form at http://www.genrecords.org/kyfiles/