WILL - DAVID IRVINE - 1801 - Madison Co, KY

Submitted by: Katie Haensel
http://www.genrecords.net/emailregistry/vols/00004.html#0000773

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Madison County Will Book I: pp.319-322

In the name of God, amen I David Irvine of the County of Madison and State
of Kentucky do make and ordain this my last Will and Testament.  In the
first place, I will and ordain that all my Just Debts (“be paid” is crossed
out) Shall be faithfully paid.  To my well beloved Wife Jane I devise the
plantation and tract of land where I now live for and during her natural
life and no longer. I also give to her during the same period the use of
one third in Value of my Negroes and personal Estate. The balance of my
Estate real and personal is to be divided amongst my Children, Mary,
Elizabeth, Magdalin, Anna, William, Sarah, James, Robert, Frances,
Margaret, Amelia, Sophia and the representatives of my son Christopher in
the manner and on the terms hereafter expressed.  It is my Intention to
divide my estate equally amongst the afs. children and the representatives
of my deceased son, Christopher. I therefore devise and bequeath to each of
them respectively so much of my Estate as when added to what they have
already received or may hereafter receive of me will make them all equal.
The amount of each legatee is to be charged with, will appear by a book of
accounts wherein I have charged each with the amount I have heretofore
given them, the amounts I have given to my daughters are charged in the
name of their respective husbands.  The aforesaid Devises and bequeath
(sic) to my children Elizabeth, Magdalin, Anna, William, Sarah, James,
Robert, Frances, Margaret, Amelia, and Sophia is to them and their heirs
forever and whereas my son Christopher departed this life without leaving
any Will in consequence of which his Son David being his heir at law became
entitled to all his real Estate in exclusion of his Sisters Frances and
Polly. now Should my said Grand Son David Irvine within one year after his
attaining to the age of twenty-one years convey to each of his two Sisters
and their heirs forever one equal third part in Value of his said Fathers
real Estate or in case of the death of either or both of them before that
period then to convey her part to her Children if any or if but one of them
should be living or the Children of but one of them at that time then to
convey to that one or her heirs one equal half of the aforesaid Land, in
that case he is to have to him and his heirs forever one equal third part
of what herein devised and bequeathed to the representatives of his father.
But Should he refuse or neglect to make such consequence he is to receive
nothing under this Will but the sum I hereby give to his said Sisters
Frances and Polly and their heirs forever.  The remaining two thirds of
what is devised and bequeathed to the representatives of my said Son
Christopher I hereby give to his aforesaid daughters Frances and Polly and
their heirs forever each one equal third.  To the above bequest or devises
so far as respects my daughter Mary is to be as follows:  my Executors are
to retain on their hands all moneys which would be coming to her to make
her share equal to the rest of my Children particularly two Negroes John
and Dick, formerly hers and charged to her but now John in my possession
and Dick in the possession of Robert Roland, but my property also a Negro
Girl named Daphnay now in her possession all to be hired out or otherwise
employed to the best advantage for the Support of my daughter Mary and her
Children my Executors are also (to) pay to her the Interests of the money
above directed to be retained in their hands and all benefits arising from
the other property last above mentioned.  It being my Intention to give to
her during her life nothing but the profits arising from the aforesaid
Share and after her death the hole {sic} to rest absolutely in the person
or persons who shall then be her heir or heirs at law, after the decease of
my said wife my Executors are to sell to the best advantage the land before
devised to her during her life and the Money arising from the Sale together
with the other Estate bequeathed to her to be divided amongst my aforesaid
Children and Grand Children in the manner and on the terms before expressed
as to the bulk of my Estate.  I also inform (and) impower my Executors to
sell all other Lands which I may be entitled to or to divide the same
amongst my aforesaid Children and Grand Children on the terms conditions
limitations and for the period before expressed: which ever they in their
discretion Shall determine to be best.  I empower my Executors to make all
necessary and proper conveyances to all real Estate sold under (?) this my
Will.  Should any of my Children or Grand Children depart this life before
me the part or the parts of my Estate which they would be to entitled if
living, I hereby bequeath and devise to the person or persons who shall at
their decision (?) be their heir or heirs at law.  Note: my daughter
Sophia’s riding horse and saddle are not to be claimed by my Executors nor
considered any part of my Estate.  Lastly I constitute and appoint my
beloved wife, Jane Irvine, my Son(s) William and Robert Irvine and my
Friend Christopher Irvine executrix and Executors of this my last Will and
Testament and do hereby revoke and disannul all other Wills Legacies or
Executors by me heretofore made notifying and confirming this only.

In Witness whereof I have hereunto set my hand and Seal this 3rd day of
April 1801

                                                David Irvine

Signed in the Presence of

M.D. Harding
John Hockaday
Eliza Patrick

At a Court held for Madison County on Monday the 7th day of October, 1805

This will was proved to be the last Will and Testament of David Irvine
deceased by the oath of Martin D Hardin and Eliza Patrick Witnesses thereto
and ordered to be recorded.

Attest Will Irvine cmcc

[Typist note:  I have tried faithfully to represent all spellings,
capitalization and punctuation or lack thereof. Question marks and lines
indicate my inability to decipher precisely what was written]