Will: John B. Cundiff, November 19, 1853, Bullitt Co., KY *********************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net Date: Saturday, April 12, 2003, 15:17:24 EDT From: Pat Settle (psettle@yahoo.com) *********************************************************************** WILL OF JOHN B. CUNDIFF Bullitt County Courthouse Shepherdsville, KY I John B. Cundiff of the County of Bullitt and State of Kentucky do make, publish and declare this writing to be my last will and testament hereby revoking any and all former wills by me at any time hereto of this one made. First, I give to my wife, Elizabeth (Younger) Cundiff, the tract of land upon which I now live being the same conveyed to me by John Swank and wife. Said tract of land is described in said Swank deed as containing 482 acres. Out of which I have since sold to Wilford Lee one hundred acres leaving 382 acres to my said wife, to have and to hold said tract of 382 acres of land for and during her natural life and at her death to pass and descend as herein often directed. Also I give her to be held in the same way the land bought of Henry Younger. I also give and bequeth to my said wife for and during her natural life one third of my slaves. Also after giving to such of my children as shall hereafter name certain specified property to make equal with other children to whom I have advanced such articles of property my will and desire is that my said wife shall have all the remainder of my personal property for and during her natural life and what remains of the same at her death, I desire shall be equally divided among my children. Also I give to my said wife $100 a year during her life. Second, I give and bequeth to my son, Jas. Cundiff, the tract of land where he now lives supposed to be 150 acres. And is all the land purchased by me of William Lee that remains unsold and for said land in the division of my estate. I desire my said son shall be charged the sum of seven hundred dollars. Third, I give and bequeath to my two sons William and Perry, the tract of land conveyed to me by John Swank and wife supposed to contain and in Swank’s deed to me described as containing 287 acres to be equally divided between them by a line running from Crunsbaugh’s land to the house(?). William to have the part next to the brick house where I now live and Perry to have the part next to Miles Lee’s. For this tract my will is that each of my said sons, William and Perry shall in the division of my estate be charged the sum of seven hundred dollars. Forth. To my sons John and Wesley I give and bequeth the home place here before willed to their mother for life. This bequest to take effect at their said mother’s death. I also will to them all the land purchased by me of Henry Younger adjoining the house tract to be held by them after their mother’s death, to be equally divided according to quantity and quality and same each of my said sons John and Wesley are to be charged the sum of eight hundred dollars. Fifth. To my sons William and Perry I give each one bed and bedding, stead, one cow and calf and a saddle worth twenty dollars unless furnished them by me before my death. Sixth. To my daughter Elizabeth I give a horse worth sixty dollars and a saddle worth twenty dollars, cow and calf, one bed, bedding and stead. Seventh. To my daughter Rebecca I give a saddle of the value of twenty dollars. To my daughter Jane, wife of Isaac Howlett, I give one bed, bedding, and also one horse of the value of sixty dollars to be held by her for her own especial use and benefit, free from the control of her husband and at her death the same I desire shall pass and descend to her two children, William Henry and Catherine. Eighth. To my son Wesley I give and bequeth one horse of the value of sixty dollars, one saddle of the value of twenty dollars, one cow and calf, and bed, bedding, and bedstead. I likewise desire my said son Wesley to be sent to school and the costs of the same to be paid for out of my estate. Ninth. After my death I desire all my Negroes not allotted to my wife shall be kept hired out and all money and debts due me after paying my just debts, loaned out till the death of my wife then I desire that my daughters Sarah, wife of Miles Lee, Mary, wife of Orleans Lee, Amanda, wife of Robinson Mumford, Jane, wife of Isaac Howlett, Rebecca, wife of William Boots, and my daughter Elizabeth, shall each receive my Negroes enough to make them equal to the land devised to my sons. Said Negroes and their increase to be held by each of them for and during their natural lives, and at their deaths to pass and descent to their children except as to my daughter, Jane. As to my said daughter Jane my will is that at her death the negroe or Negroes that she may receive with their increase shall pass and descend to her two present living children, William Henry and Catharine, and in the case of the death of either of them to the survivor. Tenth. After my wife’s death and my daughters have out of my Negroes been made equal with my sons, my will and desire is that all the remainder of my estate whatever description it may be shall be equally divided among all my children, namely; James Cundiff, William Cundiff, Perry Cundiff, John Cundiff, Wesley Cundiff, Eliabeth Cundiff, Sarah Lee, wife of Miles Lee, Mary Lee, wife of Orleans Lee, Amanda Mumford, wife of Robinson Mumford, Jane Howlett, wife of Isaac Howlett, and Rebecca Boots, wife of William Boots. In case of the death of any of my said children without living children it is my will that property here devised to them shall pass to their brothers and sisters before named or their descendents. Eleventh. My will and desire further is that my grandson, John Lee, son of my deceased daughter, Zerilda Lee, and Wilford Lee, shall receive of my estate the sum of one dollar and no more. Twelfth. I constitute and appoint my two sons, James and John Cundiff, executors of this my last will and testament. Thirteenth. All the property of every description that I have devised to my daughter, Jane Howlett, is to be held by her for her own especial use and benefit as long as she lives and at her death is to go to her two children now living, William Henry and Catharine, or the survivor of them. Fourteenth. The hundred dollars per annum given to my wife is to be paid her by my executors of the proceeds of hires of my Negroes and out of money on interest. Dated: November 19, 1853 (Note: This is a transcript of a transcript. I have double-checked the spelling, and any errors are exactly as they were in the original transcript.)