WILL: James W. Simmons, 1850, 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 Submitted by: Anne livings1@aol.com Date: 8 Feb 2001 ********************************************************************** Bullitt Co. Will Book D p. 286 In the name of God Amen I JAMES W. SIMMONS of Bullitt County Kentucky being weak in body, but of sound mind and memory do make and publish this as my last will and Testament. 1st I commend my soul to God the father of my existence. 2nd that my body be buried in a Christian manner. It is my will and desire that my Just debts be paid by my Executor herein after named. It is my will and desire the estate of WILLIAM W. SIMMONS shall be settled up and should there be a balance due from my Estate to the Estate of WILLIAM W. SIMMONS it is my desire that the same be paid up in like manner that my other liabilities are directed to be paid, and should the Estate of WILLIAM W. SIMMONS on settlement be found indebted to my estate that the same shall be paid to my estate so soon as it can be done with convenience and without sacrifice to the estate of said WILLIAM W. SIMMONS, and after a final settlement of my estate and the settlements of my accounts as guardian of my son ALBERT W. SIMMONS should my estate be found solvent more than a sufficiency to pay all my liabilities over and above my servant JACK, purchased of RICHARD W. DEATS as agent for JNO. RICKETTS then it is my desire that said servant JACK shall pass to the estate of WILLIAM W. SIMMONS and to be governed and pass as the slaves of his estate are willed and directed to pass under his last will and Testament as recommended by the Bullitt County Clerk's office provided nevertheless that before the slave JACK passes to the estate of WILLIAM W. SIMMONS said estate must first account to my estate for the sum of One hundred dollars. It is my will and desire that the slaves that my wife MATILDA ANN SIMMONS inherited from her father's estate with their increase be and remain with her as the law may direct under his, said WILFORD LEE'S will. It is further my will and desire that whatever amount of money that has or may come to my hands in right of my wife MATILDA ANN as heir of her father WILFORD LEE dec'd from the sales of land or otherwise, that the amount so received by me, shall be paid over to my executors in good cash notes to my wife MATILDA ANN SIMMONS after first deducting from the amount that has so come to my hands any amount or amounts that I have paid out for the benefit of her my wife MATILDA ANN in secuing the estate for her or for articles purchased for her without any charge by my estate other than the charges as made against her in my account book being the purchase money. The above devises are made to my beloved wife in Lieu of dower right, and upon condition that she waives all right of dower in my estate and after settling up my estate as above devised and as guardian to my son ALBERT. The balance of my estate real personal and mixed I will and devise to my son ALBERT W. SIMMONS forever provided I shall have no other child or children then living or born hereafter, and should I have other children or another child born hereafter then and in that case It is my will and desire that the balance of my estate not above devised to be equally devised between all of my children then living or born hereafter to share and share alike. My wife is to take the Rockaway buggy and to be charged in a settlement of my account with her, the sum of Two hundred and twenty five dollars she is to be charged also with seventy five dollars paid FRENCH's heirs and eighteen dollars seventy five cents paid differences in division of negroes of WILFORD LEE dec'd. I sold an old negro woman of my wife MATILDA ANN for some forty odd dollars which I am not to be charged with and is to offsett what work I have done on the farm of WILLIAM W. SIMMONS dec'd my executor or executors is directed to make deeds for the sale of any houses and lots or land that I have acquired title to as one of the administrators of WILFORD LEE. And lastly I do hereby appoint my brother GEORGE W. SIMMONS and HENRY J. CRAYCROFT executors of this my last will and testament. (signed) JAMES W. SIMMONS In the presence of R. H. SAMUELS S.A. McKAY JOS. F. BIRKHEAD Recorded 21 Oct 1850 Bullitt Co. KY Court the will itself doesn't seem to be dated as to when it was written James Wilson. SIMMONS m. Matilda Ann SIMMONS, widow of Wm. M. SIMMONS 4 Jan 1848 - ceremony was performed by George L. ROGERS, Minister of the Methodist Episcopal Church. Matilda was born Matilda LEE & married William SIMMONS 21 Oct 1834 in Bullitt Co. KY. I don't have the earlier wife for James W. SIMMONS.