Ohio County KyArchives Wills.....Smith, Joseph October 8, 1853
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File contributed for use in USGenWeb Archives by:
Linda Deppner http://www.genrecords.net/emailregistry/vols/00012.html#0002870 October 10, 2010, 4:10 pm

Source: Fhl Film #0494934
Written: October 8, 1853

Ohio County, Kentucky
Will Book C, pages 138-140

In the name of God Amen.  I Joseph Smith of Ohio County Kentucky do hereby 
make and constitute this my last will & testament hereby revoking all other 
heretofore made.
Item 1st  It is my desire that my body be decently buried by the side of my 
beloved wife's grave and that my executor carry out a contract which I have 
made for the erection of Tomb Stones over her grave and that he also have Tomb 
Stones of the same character erected over my own grave.
Item 2nd I give to my niece Eliza J. Fannin of Marion County Indiana the Sum 
of ($200) two hundred dollars.
Item 3rd I give to my niece Susan A. McIntosh of Madison County Illinois the 
like Sum of two hundred dollars.
Item 4th I give to the Rev'd Thomas Burgess the Sum of one hundred dollars 
($100) as a testimony of my esteem and respect for his many virtues.  The 
three foregoing legacies to be paid by my executor out of the first moneys 
that can be spared after the payment of my Debts.
Item 5th It is my will and desire that my negro man Bob or Robert be 
emancipated and Set free at my death and that my executor take charge of him 
and retain him under his contract until he can be removed to some of the 
States or Territories of the United States the laws of which will admit him as 
a free person of color giving Bob his choice as to which of these States or 
Territories he will emigrate.  And for the purposes of effecting this object I 
hereby appropriate the Sum of ($300) Three hundred dollars To be held by my 
executor in Trust for Bob's use my executor expending such part thereof as may 
defray the expenses of removing him and appropriating the ballance thereof for 
the purchase of land for his use and benefit in the country to which he shall 
remove.  But should any obstacle prevent his removal in a reasonable time I 
desire that he shall be hired out during the interval in such manner as will 
Secure his humane treatment and the proceeds of his hire as well as the 
interest on the Sum devised above for his benefit (counting interest on the 
same from the time that a sufficient amount shall have come to the hands of my 
executor after paying all my Debts & Legacies) shall be added to and applied 
to Bob's benefit in the same manner of the $300 above devised to him.
Item 6th After the payment of all my just Debts & the Sum and legacies 
provided for in the foregoing Items I give the whole of the residue of my 
estate of any character to my adopted Son Wm. Smith.  And I hereby constitute 
and appoint him sole executor of this my last will and testament.
In testimony whereof I have hereunto affixed my hand and Seal this eight day 
of Oct 1853.
			Joseph Smith (Seal)
Signed and
Acknowledged in presence of
John Midkiff
Julius C. Bean
Ohio County Court Sct.  Dec'r 3th 1853
This last will and testament of Joseph Smith dec'd produced in court & proved 
by the oath of John Midkiff & Julius C. Bean Subscribing witnesses thereto and 
ordered to be recorded and thereupon Wm. Smith the executor named in the last 
will and testament of Joseph Smith dec'd came into court and took the several 
oaths required by law and entered into and acknowledged bond to the 
Commonwealth as the law directs with Larkin Wall, John W. Lewis & Henry 
Thompson his securities a certificate is granted him for obtaining letters of 
administration of the estate of Joseph Smith Dec'd.
			Ch. Henderson Clk
			By C. G. Nall D.C.


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