Hardin County KyArchives Wills.....Overton, Richard May 15, 1822 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Donna K. Miller dkmiller@carrollsweb.com March 14, 2006, 6:33 pm Source: Hardin Co. Ky Will Book D Pages 19-25 Written: May 15, 1822 Recorded: April 1, 1822 OVERTON, TODD, MEREWEATHER, LACY, DITTO, HENDERSON In the name of God Amen I Richard OVERTON of the state of Kentucky & Hardin County being weak in body but of a sound mind & disposing memory do after my funeral charges are first paid so dispose of my worldly effect in the following manner In the first place I do Will and devise to my beloved niece Polly TODD wife of William TODD two hundred acres lying on Ruff the waters of Rough Creek containing in William MEREWEATHER's survey the land devised as aforesaid to be of equal quality to any I possess in said survey Item I devise & bequeath to my nephew Richard OVERTON son of William OVERTON four hundred acres of land situat on yellow creek at the foot of Cumberland Mountain Item I will and bequeath unto my beloved brother Dabney C OVERTON & my beloved sister Polly OVERTON all the land I am possessed of on Otter Creek Hardin County or that I am interested in it being my part of the tract of land devised by my father John OVERTON to his wife Ann B OVERTON to be equally divided between them Item I will & bequeath unto my beloved brother and sisters John OVERTON, William OVERTON, Thomas OVERTON, George OVERTON, Dabney C OVERTON, Polly OVERTON, Elizabeth LACY all the real & residue of my estate both real & personal to be equally divided among them I do constitute and appoint my worthy friend Henry DITTO Senr my Executor of this my last Will and testament In witness whereof I have hereunto set my hand and seal this 23rd January 1816 Richard OVERTON {seal} in presents of Theap's LACY Nath'l HENDERSON John X MONTGOMERY his mark The Commonwealth of Kentucky to any two Justices of the Peace in and for the County of Rockingham in the State of North Carolina Greetings Whereas at a Court began and held for Hardin County in Kentucky on Monday the 1st day of April 1822 The annexed instrument of writing purporting to be the last Will and testament of Richard OVERTON deceased was produced in Court and it appearing to the statisfaction of the Court that Theapolus LACY and Nathaniel HENDERSON two of the subscribing witnesses thereto reside in the said County of Rockingham and State of North Carolina Now therefore know ye that we trusting to your fidelity and provident circumspection in diligently examining the said Theapholus LACY and Nathaniel HENDERSON to bring the premises to command that you shall & cause to come before you the said Phulas LACY and Nathaniell HENDERSON at such time and place as you shall appoint and when you have assembled your ____ together that you diligently examine the witnesses aforesaid to the following facts 1st is the ____ instrument of writing the true last Will & testament of Richard OVERTON deceased so far as they know or believe 2nd did the said Richard OVERTON sign seal acknowledge and deliver publish ____ the same as his last Will & testament in their presence & hearing & was he according to their belief in his perfect mind and memory at the time of the same 3rd did they sign their names thereto as subscribing witnesses in his presence & in the presence of each other And to all such other facts or circumstances as may be pertinent or relative to the mater aforesaid and such examinations so taken to be subscribed and sworn to in due form by the deponants and that you return the same sealed and enclosed without delay from under your hands & seals & to be hereto annened also returning the annened Will together with this writ Witness Samuel HAYCRAFT Jr. clerk of our said Court at the Courthouse in Elizabeth Town the 15th day of May 1822 and in the 31st year of the Commonwealth Sam'l HAYCRAFT Jr Agreeable to the annesed Commission to us directed we John ODENEAL and James MILLER two of the acting Justices of the Peace for the County of Rockingham in the State of North Carolina caused to come before us in the County of Rockingham Theaphilus LACY and Nathaniel HENDERSON who being sworn in due form of law on the Holy Evangelist of all Mighty God being examined by us what they know ___ the exacution of the annenxed last Will and testament of Richard OVERTON question the 1st Is the ammened instrument of writing the true last Will and testament of Richard OVERTON so far as you know or believe question the 2nd did the said Richard OVERTON sign seal acknowledge & deliver publish and pronounce the same as his last Will and testament in your presence and hearing and was he according to your knowledge and belief in his perfect mind and memory at the time of doing the same question the 3rd did you sign your names as subscribing witnesses in his presence and in the presence of each other the said Theophilus and Nathaniel HENDERSON in the annexment to the foregoing questions state upon their oath the the annexed instrument of writing so far as they know and believe is the true last Will and testament of Richard OVERTON the testaor they state that they became subscribing witnesses thereto that the said Richard OVERTON did sign seal and deliver and publish and pronounce the same as his last Will and testament in there presence and hearing and the said Richard OVERTON was to the best of his knowledge at the time of signing the same in his perfect mind and memory and was of a sound mind & disposing memory that they signed their names as subscribing witnesses in the presence of each other and of Richard OVERTON also in the presence of the other subscribing witness to the best of their knowledge & belief who was a stranger to these depondants that the Will was executed in the State of Kentucky and further this deponant saith not sworn and subscribed to before us in the County Theaphelus LACY of Rockingham on the Nath'l HENDERSON 25th day of July 1822 Jn ODEANEAL {seal} Jas MILLER {seal} State of North Carolina Rockingham County I Robert CALLAWAY Clerk of the Court of pleas &quarter session for said County do herby certify that John ODENEAL & James MILLER whose names appear to the foregoing depositions is an acting Justices of the Peace for said county & credit should be given to their official acts as such In testamony whereof I have hereunto set my hand and affixed the seal of said county at ______ this 29th of July 1822 Ro'bt CALLAWAY ccc State of North Carolina Rockingham County I Abraham PHILIPS presiding Justice in and for the County aforesaid do hereby certify that Robert CALLAWAY Esquire whose name and signature is annexed to the foregoing instrument to be the clerk of our County Court of please and quarter session and as such due faith and credit is due to his attestation Given under my hand this 30th day of July 1822 A. PHILIPS At a court began and held for Hardin County at the Courthouse in Elizabethtown on Monday the 1st day of aplril 1822 the foregoing instrument of writing purporting to be the last Will and testament of Richard OVERTON deceased was produced in Courth and on motion of Henry DITTO ______ was awarded to two Justices of the Peace in & for the County of Rockingham in the State of North Carolina to take the deportions of Theophilus LACY and Nathaniel HENDERSON two of the subscribing witnesses thereto in order to prove said Will and afterwards to wit at a Court began and held for the county aforesaid on Monday the 7th day of October 1822 The same Will together with the ____ and proof with the Magistrates certificates thereto annexed were again produce in Court and ordered to be recorded and therefor the same is duly recorded Attest James HAYCRAFT clerk transcribed by Donna K Miller File at: http://files.usgwarchives.net/ky/hardin/wills/overton145gwl.txt This file has been created by a form at http://www.genrecords.org/kyfiles/