Garrard County, Ky - WILL: Joseph Hicks Totten - 1870 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Beth Wilson miri@miriland.com ==================================================================== Joseph Hicks Totten -1870 "In the name of God - Amen - I Joseph H Totten of Garrard County, Kentucky being of sound mind and in full (?) and enjoyment of all my faculties but knowing the uncertainty of life, and that it is (?) all men once to die, - do hereby make and constitute this my last will and testament, as follows , to wit; "First All my just debts and legal liabilities are to be paid. "Second - I give unto my wife Mahala Totten, such part of my estate as is given to the widow by the laws of Kentucky. "Third After the assignment of dower to my wife as aforesaid (after my death) I wish the whole of my estate, real personal and mixed, to be sold (except as is herein after specially devised) and the proceeds divided as follows. "Fourth, I have given to my daughter, Rebecca Emily Reynolds, one negro boy, for which I charge her two hundred dollars, and I also two hundred dollars in money, making a total advancement to her of four hundred dollars. "I have given to my daughter Serephina (?) one negro girl Emily for which I charge her three hundred dollars, I have also given her $50 in money; making a total advancement to her of three hundred and fifty dollars. "I have given to my daughter Nancy Ellen Bradley Three hundred and twenty three dollars 10 cents in money, also a negro girl Ann, for which I charge her two hundred dollars, making five hundred and twenty three dollars, 10 cents by way of advancement to her "I have given to my daughter Zulima A Reynolds a negro for which I charge her two hundred dollars as an advancement. "I have given to my son John G Totten four hundred and thirty five dollars in money and he is to have no more of my estate, But I give to his son Jno T Totten, whatever would have been going to his father in an equal distribution, after accounting for the $435 aforesaid as an advancement "I have given to my son Joseph P Totten two hundred dollars and he is to have no more of my estate, but I give to his children David R Totten and Almira Dewees(?), jointly, whatever would have been going to her father in an equal distribution, after accounting for the $200 aforesaid as an advancement "I have given to my son William M Totten seven hundred dollars in money in an advancement "I have given to my daughter Fatima E Reynolds two hundred dollars as an advancement "I have given to my daughter Caroline M Ragsdale and to her children and heirs after her death the tract of land where she now resides, being the same purchased by me of B F Pherigo(?) containing twenty two and one half acres more or less for which I have made her a deed, for which land I charge her nine hundred dollars as an advancement "I have given to my daughter Mary Francis Willis Twenty eight dollars as an advancement, "Fifth After my death as before stated, I wish all the land that I own to be sold by my executors on such term as they may see proper - and for the purpose of conveying said land legally to the purchaser thereof, I hereby (?) my executors with the title thereto and empower them to convey the same to the purchaser. I also wish all my personal estate sold at Public sale on terms at the discretion of the Executors - And with the proceeds of the Sales, aforesaid I wish all my children equalized on the basis set our in paragrapgh "Fourth" However should there not be sufficiency to do so, in no event is my daughter Caroline M Ragsdale or her childern to pay back anything "Sixth. After my children are equalized as above stated John TottenJr, taking taking the share of his father and David R Totten and Almira Dewers(?) taking the share of their father - I then wish the residue if any to be equally divided amoungst my children as above indicated, share and share alike, "Seventh, After the death of my wife I wish the part alloted to her as dower to be sold, as above, by my executors and the proceeds divided as in article "Sixth" unless my said wife will consent at the time of the sale directed in paragraphs "Third and fifth" to have the whole of the land sold and take the value of her life estate in money, in which the whole of the land is to be sold as directed in Paragraph "Fifth" and divided among my children as heretofore directed "Eighth I do hereby give and bequeath to my son Wm M Totten two shares of stock in the Lancaster-Buckeye Turnpike (?) "Ninth" - For the purpose of securing to my daughter Nancy Ellen Bradley such portion of my estate as may be going to her I do hereby appoint W O Bradley, Trustee to receive manage and control, for her benefit the portion devised to said Nancy Ellen Bradley, Before entering on the discharge of the trust hereby confided to him, said Wm O Bradley will execute bond with approved security in the Garrard County Court for the faithful discharge of his duties in a penalty to be fixed by the County "Tenth Should Almire Deweer(?) die having no issue, David is to take her part, and should David die having no issue, Almira is to take his portion "Eleventh - Should my wife die before I do then the whole of my estate to be sold and divided as herein before directed, "Twelveth - I do hereby (?) (?) (?) and appoint my son Wm M Totten and my son-in-law John M Reynolds my executors to carry out the provisions of this my last will and testament "Given under my hand this 10 day of August 1866 "Joseph H Totten "W H Wherritt(?) "W D Hofefer(?)"