Kenton County, KY - Wills: Scott, Elmore, 1864 Friday, September 08, 2000 Submitted by: lharbing@worldnet.att.net (Buddy & Linda Harbin Grubbs) ************************************************************************* 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 ************************************************************************* Will of Elmore Scott, Kenton County, Kentucky Date of Will: 25 May 1861 Date of Probate: 22 August 1864 Transcribed & Submitted by: Buddy & Linda Harbin Grubbs, lharbing@worldnet.att.net 08 September 2000 In the name of God, - Amen! - I Elmore Scott of the County of Kenton and State of Kentucky, being of advanced age, but of sound mind and memory, impressed with the uncertainty of life and desiring to make a fair distribution among my family, of the property which I have been enabled by a kind Providence to accumulate, do hereby make, ordain, declare and publish this my last Will and testament, hereby revoking, canceling and annulling all former wills made by me at any time whatsoever. 1st. - It is my will and earnest desire that my funeral expenses and all my just debts be paid as soon after my death as possible. 2nd - I devise to my beloved wife, for and during the term of her natural life, should she survive me, the mansion house in which we reside, and one hundred acres of land and the issues and profits thereof. Said one hundred acres to be of the land of my home tract, and being all the land, - except between seven and eight acres lying on the Covington & Lexington turnpike, - owned by me, which is not embraced in the land herein divided among the members of my family. 3rd - I devise also to my beloved wife, during the term of her natural life, those portions of my land hereafter devised to my daughters Mrs. Amanda Garret and Mrs. Louisa Heaverin. - But this devise is subject to a charge of rent of fifty dollars per annum for each of said daughters portion - said charge to be paid out of my estate, by my executors, and to begin on the first day of January 1862, and to be paid yearly to my daughters or in case of their death, to their heirs, during the life of my wife. But my wife may at any time she may so choose, surrender to my said daughters, or either of them, their respective portions of the land, in which event, said portions are to be held by my daughters as their own. - The rent to cease upon either portion as soon as it is surrendered. 4th - I direct that my wife shall have as much of the stock, implements, furniture, and personal property, including money on hand at my death, as she may think necessary for her comfort, convenience and maintenance. - 5th - I do hereby devise to my daughter Amanda Garret wife of William Garret, of Woodford County, Kentucky, the following tract of land in Kenton County, Kentucky, towit: - Lot number two, as laid down on the plat of a survey made for me by Joseph D. Kennedy on the 10th of October 1860, beginning at a stake center County road, thence with Scott’s and Cleveland’s old line 4. 44 1/2 W. 74 24/100 poles to a stake, thence N. 76, W. 11 poles to the corner of No 1 (Mrs. Heaverins’ lot) thence S. 14, W. 158 44/100 poles to the corner bearing S. 2 1/2 W. 88/100 poles from a pignut tree; thence on the line between A. Rigg’s & E. Scott, S. 48 1/2 E 37 3/4 poles to a stone, center of branch - bearing N. 37 3/4, W. 1 84/100 poles, from an elm-tree; thence up Dry Creek N. 45 1/2, East 43 44/100 poles to a stone in the creek (bearing South 68 1/2/, West 1 48/100 from a beech and W. 13 1/2 E. 2 80/100 from a sycamore; thence up a creek N. 30, E. 25 poles, N. 10, E. 48 1/2 poles, N. 46, E. 31 1/4 poles to the beginning; Containing fifty-seven acres, two rods and twenty rods. - But my said daughter is not to have possession of said tract until the death of my wife, unless the latter should choose to surrender said land to my daughter as hereinafter provided. In case of the death of my said daughter before my death, the said land is devised to her heirs subject only to the life interest of my wife and still subject to rent as if she had survived. 6th - I do hereby devise to my daughter Louisa Heaverin wife of William Heaverin of Covington, Kentucky, towit, Lot number one as laid down on the plat of a survey made for me on the 10th of October 1860 by Joseph D. Kennedy - beginning at a stone, corner to lot No. 2 - Mrs. Garret’s lot - center of County road, thence with the center, North 86 3/4 west 53 poles, - thence South 81 3/4 West 24 76/100 poles to a corner; thence down the branch South 5 1/2, East 21 28/100 poles to a sugar tree; thence South 17 3/4, East 25 64/100 poles to a black walnut tree; thence, South 2 1/4, West 15 64/100 poles, South 23 1/2, West 24 poles to a stone wall, South 8 3/4 West 19 poles, South 11, East 21 36/100 poles to a corner beech; thence down the branch South 73 1/2 East 22 poles, S. 31, East 20 poles - South 48 1/2 East 9 poles to a corner at said lot No. 2 bearing S. 2 1/2 W. 88/100 poles from a pignut tree, thence North 14, East 158 44/100 poles to the beginning; containing forty-nine acres 2 rods & 5 rods - But my said daughter is not to have possession of said tract until the death of my wife, unless the latter should choose to surrender said land as hereinbefore provided. In case of the death of my said daughter before my death the said land is devised to her heirs subject only to the life interest of my wife and still subject to rent as if she had survived. - I have therefore conveyed by deeds now of record in the County clerk’s office of Kenton County, portions of my land to my sons Richard R. Scott and Cleveland Scott as trustees for their respective families. - I have also conveyed by deed, recorded in the same place a portion of my land to my sons Warner E. Scott and George A. Scott jointly and by deeds of even date herewith, have conveyed other portions to my sons Lot Scott and Levi Scott, and I have herein devised other portions to my daughters Mrs. Garret and Mrs. Heaverin. - In thus conveying and devising I have estimated the land as follows: That portion conveyed to Cleveland Scott, trustee for his family at one hundred and fifty dollars per acre - That portion conveyed to Richard R. Scott, as trustee for his family, at one hundred and thirty-five dollars per acre. - The part conveyed to Lee Scott at one hundred and forty-five dollars per acres, - the part conveyed to Warner E. and George A. Scott jointly at one hundred and fifty-dollars per acre. - The part conveyed to Lot Scott at one hundred and thirty-five dollars per acres - The part herein devised to my daughter, Louisa Hearverin at one hundred and forty dollars per acre, and that part herein devised to my daughter Mrs. Garret at one hundred and forty-five dollars per acre. - Now it is my wish that all the parties be made as equal as possible and for that purpose I do hereby will and direct that at the death of my wife, my children Warner E., George, Lot, & Lee Scott, and Amanda Garret and Louisa Heaverin in their own right and my sons, Cleveland and Richard R. Scott, as trustees for their respective families, shall receive out of the land - the one hundred acres left to my wife unconditionally for life - and out of the personal estate enough to make him, her and the respective families of Richard and Cleveland equal in portion to the others . In said division the several portions herein devised and heretofore and at this date conveyed to my children and their families to be counted at the valuation I have set on them above - All of them are required to stand by the estimate I have put upon the land and if any one shall refuse so to do, then such child - family - or person interested is to receive nothing out of my personal estate, and nothing out of the hundred acres of land left, without conditions to my wife for life. - No interest is to be counted on any of the portions above specified, but the division to be on the above basis as if the price had been fixed on the land at the time of divisions. - In case of the death of any of my children before my death or before said division then the portion both real and personal which said child would have received either in his own right or in trust, if he or she had survived me to go to the heirs of said child. - I, direct that the portions of my estate which in the division to be made at my wife’s death, may fall to the families of Cleveland and Richard R. Scott, shall be held by said Cleveland and Richard R. Scott as trustees for their respective families in every way and in all respect and for the same purpose as the land heretofore conveyed by me to them in trust for their said families is held and they are hereby again constituted trustees for that purpose with the same limitations, powers and into as those specified in the deeds now of record in Kenton County, in which deeds said land was conveyed to them in trust. In case of the death either Cleveland or Richard, either before or after my death, then the said property to go in all respects as the said real estate which they now hold in trust is directed to go by said deed which are hereby ----- to and the provisions of which are adopted as part of this will - The said Cleveland and Richard R. Scott to have no interest, except merely as trustees for their respective families. - I hereby appoint my son-in-law, William Garret and my son Richard R. Scott, executors of this my last Will and testament. Lastly, - I earnestly advise all the parties interested to avoid all disputes and unkind feelings, and to cultivate a spirit of amity - and kindness toward one another. In witness whereof I have hereto set my hand, this 25th day of May 1861. Elmore Scott. - Signed and acknowledged by the testator Elmore Scott in our presence and witnessed and subscribed by us in the presence of said Elmore Scott, at his request, this 25th day of May 1861 R. A. Athey C. L. Martin State of Kentucky Kenton County Court August Term, August 22d 1864 at Covington The foregoing purporting to be the last will and testament of Elmore Scott, deceased, was at the aforesaid term hereof produced in Curt, filed, proved, established and ordered to be recorded as and for the last will and testament of said decedent, and the same has been done accordingly. Witness my hand as Clerk of said Court August 22d 1864. James Ayars, Jr., Clerk By H. H. Heaford, D. C.