Samuel McGinnis April 19 1860
Boyle County KyArchives Will

Source: Will Book 1, Page 236
Written: April 19 1860
Recorded: October 16 1860

I Samuel McGinniss 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 Rockeway & Harness.  Also the interest of two 
Thousand Dollars payable Semi annually.  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 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 which may be encurred 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 preferes 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 as 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 prefereing 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 semi annually 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 Hezikiah McGinnis 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 Exr's 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 friends 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 provisions 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 to 
be the last will and testament of Samuel Mcginniss 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 Geor. D. Boldrick D.C.

Submitted by: Linda Deppner
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