Kenton County, KY - Wills: Scott, Chasteen, 1860 Transcribed and submitted by: Buddy & Linda Harbin Grubbs, lharbing@worldnet.att.net 10 September 2000 Will of Chasteen Scott, 21 June 1860 ************************************************************************* 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 ************************************************************************* Kenton County, Kentucky In the name of God Amen - I Chasteen Scott of the City of Covington, Kentucky, being of sound mind and disposing memory, Calling to mind the uncertainty of human life, and desiring to make a distribution among my children, of the property and effects with which I have been blest by a Kind Providence, do hereby make ordain and publish them my last will and testament, hereby revoking all others that I have made -- In the first place it is my wish that my family and friends Shall enter my Remains in the family burying ground on the old farm. Where my wives and children are buried. It is also hereby made obligatory on my administrator to have my graveyard above mentioned enclosed with a stone wall, enclosing all the family that may be interred there at this time: And to procure proper tombstones to be placed at the head and feet of all the graves: with Suitable inscriptions thereon naming the times of death and the ages of those there buried. It is my desire that the expenses incurred in enclosing the graveyard and erecting the tombstones be paid out of the proceeds of my personal estate. I devise to my daughter Mrs. Henrietta E. Cleveland, So much of that part of the ground in the City of Covington, on the South side of Fourth street deeded to me by Jacob Fowler as lies within the following boundary to wit: Beginning on the South side of Said Fourth Street at a point opposite the north east corner of the dwelling on the lot hereby devised thence west along the line of said Fourth Street to a point eight feet beyond and west of a point opposite the north west corner of said dwelling house thence South at right angles to the back line of the ground deeded to me by Said Jacob Fowler, thence East along Said back line parallel with fourth Street to the lines of Gedges property, thence northwardly with the back lines of Gedge, Rose, Steward and Mrs. Clemmons dower property to the South east corner of the Main part of the dwelling before mentioned, thence north along the East End of Said dwelling to the north east corner of Said dwelling and thence in a straight line to the beginning on Fourth Street. To have and to hold the property above described and all the improvements and appurtenances to the Said Henrietta E. Cleveland for and during the term of her natural life - if she should have any child or children or their descendants living at the time of her death then Said property at her death is to go to them absolutely, if she should not have a child, children or their descendants living at the time of her death then one third of Said property to go to the children of my daughter Martha F. Symmes, One third to the children of my daughter Margaret A. Willis and the other third to the children of my Son Jacob F. Scott. My other Real Estate in Covington to wit: The lot on the South west corner of Scott and Fourth Street’s now occupied by a building in which is a drug Store in the lot next South of the drug Store on Scott Street recently occupied as a tea Store, and the house and lot next South of the last named tea Store lot now occupied by A. B. Laird as a Book Store which latter Lot Mrs. Mary Clemmons holds as dower the ground lying at the South East corner of fourth Street and the alley running North and South from Fourth to Fifth Streets - now occupied by Geo. M. M. Linn as a Livery Stable under a lease from me. The ground lying on Fourth street between the east line of the ground herein before devised to Mrs. Henrietta E. Cleveland and the livery Stable property running back as does also the livery Stable property to the back line of the property conveyed to me by Jacob Fowler: lot two hundred and seventy (270) and the South half of Lot two hundred and Seventy one (271) as laid down on the Old Plat of Covington on the West Side of Madison between 4th and 5th Streets now occupied by C. H. Railey as a Coal Yard and a twenty foot Lot on the North Side of Sixth Street Covington, being the same lot conveyed to me by Henrietta E. Cleveland and conveyed to her by S. Montgomery I desire may be divided according to quantity quality and Value as follows. On fifth there of to my daughter Henrietta E. Cleveland, One fifth to my daughter Martha F. Symmes, One fifth to my daughter Margaret A. Willis, One fifth to my daughter Susan D. Matson and one fifth to the children and their descendants of my Son Jacob F. Scott. I give to my daughter Susan D. Matson My Colored Woman Clary and her grandson Harry and the profits and proceeds thereof for the Sole and Expressed use and benefit of the Said Susan D. Matson free from the debts and control of her present or any other husband She may have for and during her natural life, and to her Children if she should have any living at the time of her death but if she should have a child or descendant at the time of her death then Said negroes and increase to go to the Children of my daughter Martha F. Symmes, Margaret A. Willis and my son Jacob F. Scott one third to each heir. I devise to my son Jacob F. Scott of Boone County Kentucky for the uses and upon the trusts here on after mentioned the following Real Estate and tract of land lying in the County of Boone State of Kentucky on the waters of Big Bone Creek and bounded as follows: Beginning at a Stake Corner of Mrs. Ann Frazer in Mrs. Matsons line thence with the line of Mrs. Ann Frazer North 87 1/2* West 54 poles to a Stake on a branch of Said Creek, thence down with the meanders there of South 68* West 28 poles South 41* West 18 poles South 26 * East 28 poles South 5* West 47 poles, South 26 West 16 poles South 21* West 36 poles, South 34 West 24 poles South 21, West 36 poles South 31, West 58 poles South 62* 17 3/4 West to a stone on Said Creek and Mrs. Willis upper corner thence with her line North 85 1/2* East 200 poles to a stone in a line of the Hugh Steers tract of land, thence with a line then of North 167 13 poles to a stake corner of Said tract in Mrs. Matson’s line thence with her line South 84 3/4 West 2 1/4 poles to a stone, thence North 71 1/4 poles to the beginning containing one hundred and Eighty six acres more or less, being the Same tract of Land on which the Said Jacob F. Scott now resides and the same as Recently surveyed and marked by metes and bounds by Moses Rice Surveyor of Boone County, together with all the improvements and privileges thereto belonging and the issues and profits thence of. But this devise is made to the Said Jacob F. Scott expressly in trust only for the use and benefit of the present wife of Said Jacob F. Scott or any other wife or wives to whom he may be married and for the use and benefit of the Children and their descendants of Said Jacob F. Scott by his present or any future Wife, to apply the profits and uses of said property to the support and are of his wife or wives and to the support care and Education of his children by his wife or wives. To have and to hold the Said property and estate and the profits and proceeds there of to the Said Jacob F. Scott for the trusts and purposes aforesaid during his natural life and if he should die during the life time of his present or any future wife then it is my desire that she may hold said property as long as she may Continue to be unmarried and the widow of Said Jacob F. but no longer for the use and benefit of herself and the Children of Said Jacob during her life and at her death or on her Marriage the property devised being strictly in trust for the Sole and separate use and benefit of the wife or wives and children of Said Jacob F. Scott who is to have no interest therein except as trustee. I devise to Jacob F. Scott aforesaid for the Same uses upon the same trusts with the same restrictions and in every way for the Same purposes and persons My negro Man Bill Griffith and My negro Woman Isabella and her present Child Francis and the increase of both of them hereby directing that the Said negroes and the profits and increase there of Shall go in every respect as the land devised in trust to Jacob F. Scott above is directed to go in all the contingencies provided for in the devise of Said Land. I hereby direct that the proceeds of my personal Estate not already disposed of herein after the payment of all my debts funeral Expenses and the expenses above directed to be incurred at the Graveyard and the Costs of Administration Shall be divided equally into five parts One of which Shall go to my daughter Mrs. M. F. Symmes, one to my daughter Margaret A. Willis One to my daughter Henrietta E. Cleveland absolutely, one to my daughter Henrietta E. Cleveland in trust for the Sole and Separate use and benefit of My Daughter Mrs. Susan D. Matson to be paid to her as she may desire but to be free from the Control and debts of her present or any other husband and one fifth to my son Jacob F. Scott for the Same uses and on the Same trusts as in the cases of the lands and Slaves above devised to him in trust for the use and benefit of his wife or wives and Children. The directions of Said devises to be followed Strictly with the Money now Mentioned. It has always been my intention and desire to treat my children with Equal favor and affection. - Such is my present intention, having heretoupon conveyed to Martha F. Symmes, Margaret A. Willis and Susan D. Matson each land in the County of Boone of the value of Eight thousand dollars according to my best estimate, and having herein devised to my daughter Henrietta E. Cleveland the house and lot above mentioned and the wife or wives and children of Jacob F. Scott the tract of land above mentioned. Making them all as nearly equal as possible for me to do; I hope they will be Satisfied with my disposition of my estate among them. In witness whereof I the Said Chasteen Scott do hereby set my hand and Seal this 21st day of June 1860. Chasteen Scott {seal} Signed Sealed acknowledged and published in the presence of us by the} testator Chasteen Scott and witnessed by us and Subscribed by us in his presence at his request this 21st day of June 1860 R. A. Athey J. J. Carlisle Codicil: I desire to change the within will as follows: first instead of going to my daughter Henrietta E. Cleveland the property on fourth Street Covington for life only I now devise it to her absolutely both power to dispose of it in any way she may please. Second: It is now my Will that all the personal property of whatever description with the exception of the horse and Jack Stock, which may be on my place in Boone where I now Reside at the time of my death Shall go to my Son Jacob F. Scott in trust and for the uses and purposes and under the Same Instructions and Limitations in Every Way as the land herein before divised to him in trust as directed to go. I do now declare and publish this a Codicil to my written Will dated June 21st 1860 hereby revoking said will so far only as the Same is consistant with this codicil - In witness whereof I have hereunto Set my own hand and seal this 12th of April 1861. Chasteen Scott {seal} Signed Sealed and acknowledged and published in the presence of us by the testator Chasteen Scott and witnessed by us and Subscribed by us we in his presence and at his request this 12th day of April 1861. R. A. Athey A. A. Jameson Codicil 2: My will made the 21st June 1860 also Codicil first made the 12th April 1861 and this codicil made the 7th May 1861. I desire to change the will as follows: first instead of giving one fifth of my City property to my Daughter Martha F. Symmes and Margaret A. Willis each one fifth as named in said will I desire to have it changed and order it so to be done. And devise the Said two fifths of Said property to go and descend to Henrietta E. Cleveland Susan D. Matson my daughters & the children of Jacob F. Scott my son according to quantity quality & value as follows: one third of Said two fifths to Henrietta E. Cleveland one third to Susan D. Matson the other third to the children or their descendants of my Son Jacob F. Scott - Second I give and bequeath to my two grandsons William Holmes Scott & Chasteen Scott sixteen acres of land being a portion of the H. Steers tract of land adjoining the tract that I now reside upon all along on the Eastern side of Said tract being once the property of Allen Fitzgerald and wife. This codicil being dictated by me and written in my own hand this the Said 7th of May 1861 under the Statue requires no further attestation is valid and I proclaim it so as witness my hand and Seal the day and date above written. Chasteen Scott {seal} State of Kentucky Kenton County I S. C. Perrin Clerk of the Kenton County Court do certify that the foregoing Will and two codicils as of this day are ordered to be recorded by the Judge of Said County, Court, which is done. Given under my hand this 11th day of November 1861. S. C. Perrin, Clerk ===============================================================================================