WILL: Wells, Hayden, 1848 - Shelby / Nelson Co, KY ------------------------------------- Submitted by: DeAnna Fisher "byram@concentric.net" November 2, 1998 ------------------------------------- Will of Haden Wells Commonwealth of Kentucky ... Shelby County In the name of God Amen I Haden Wells of said county do now make and ordain this my last Will and Testament. First I desire and direct that all my just debts be paid. 2ndly. by the will of my father Carty Wells my children became entitled to certain property and my daughter Sarah married a certain Richard H. Dodson in chancery in the second Shelby Circuit Court against me for my said daughter Sally's portion under his will which suit was compromised between said Dodson and myself and at the April term 1836 of said Court suit was dismissed ~ my said daughter Sally Dodson has since departed this life leaving two infant children, Noble B. Dodson and Amos F. Dodson. Now I do give and bequeath to my said two grandchildren Noble B. and Amos F. Dodson each the sum of two hundred dollars to be paid to them respectfully as they attain the age of twenty one years ~ if one of them die before attaining said age then the whole four hundred dollars to be paid to the surviving of them and if both die before attaining said age then my will is that the Legacies intended for them be equally divided among my children hereafter named ~ And I wish it understood that this devise to my said two grand children is in full for the whole claim for my estate and in full against any claim they might Set Up against my estate. Growing out of the desire of Carty Wells to my children of whom their mother was one and if at any time hereafter they shall refuse to accept said Legacy now hereby provided of two hundred dollars each in full satisfaction for all claims they might have upon my estate on account of the Will of said Carty Wells Dec'd. or if they shall bring any suit on account any claim growing of Carty Wells against me or my executors then in that event I give them nothing and direct that the whole said four hundred dollars be equally divided among my other children hereinafter named. 3rd. I have heretofore given in money and property to each of my children, Elijah F. Wells, Joshua R. Wells and Mary Tucker, the sum of four hundred and fifty dollars with which I desire they stand charged without interest untill my other children John, William, Haden, James C. and Margaret Ann Wells shall receive from my estate each an equal amount that is each four hundred and fifty dollars. 4th. My will and desire is that the whole of my estate real and personal be sold by my executors and the land to be sold upon such credits that the portions which may be coming to my children shall become due and payable to them as they respectfully attain the age of twenty one years taking care upon that the interest upon such purchase money ___?? for the benefit of such infants and be paid annually. 5th. My will is that my said five children John, William, Haden, James C. and Margaret Ann Wells shall each receive from my said executors out of the proceeds from the sale of my estate four hundred and fifty dollars and then the balance of the proceeds of the sale of my whole estate after paying my debts and the two Legacies first herein provided for to equally divide between my eight children Elijah F. Joshua R. Mary Tucker John William Haden James C. and Margaret Ann Wells. It being my true intent and meaning to make my last Eight named children equal taking into the estimate the advances I have heretofore made as above stated. 6th. It is my true intent and meaning that none of my said children bring or exhibit any claim against my estate growing out of the aforesaid Will of Carty Wells decd. ~ and I further require that each of my said children as he or she attains full age execute a release to my securities John Wells and Coleman Stone or their executors heirs from all claims they may or might respectfully have against my said securities or executors of them their heirs and to indemnify who I executed in writng giving them a lien upon the land whereon I now live many years ago and should any one of said eight children after he attains full age refuse to execute said release then and in that want he or she so refusing shall take nothing ___?? this will and his or her portion shall be equally divided among my other children who shall make and execute such releases. And lastly I name and appoint my son Elijah F. Wells and my son in law Wm. Tucker executors of this my last will and give to them full power and authority to sell and convey that land aforesaid but no deed is to be executed untill the purchase money shall be paid for the land then they or the survivors of them shall execute such deed ~ and in all things I require all things to be carried fully into effect ~ Witness my hand and seal this 15th day of November 1837 ~ Haden Wells (Seal) Signed Sealed and Acknowledged as and for his last will and Testament in presence of Saml. Lewis James F. Moore James Stone I Haden Wells of the State of Kentucky and County of Shelby do make and ordain this as a codicil to my last Will and Testament executed on the 15th day of Nov. 1837 in manner following towit whereas in said will I bequeathed to my son Joshua R. Wells now deceased an equal portion of my estate with the residue of my children and whereas my said son at his death left one child, a daughter, and my desire is that my grand daughter by said Joshua R. Wells intrust the portion of my estate which my son would have been entitled to if he had lived except three hundred and fifty dollars which is to be deducted out of the Legacy which I had advanced to her father and my will further is that my aforesaid grand daughter should die leaving no children then her portion of my estate shall return to and be equally divided between my children, towit ; Elisha F. Wells, Mary Tucker, John, William, James C. and Margaret Ann Wells. In Testimony whereof I have hereunto written my name and affixed my seal this 15th day of August 1843. Haden Wells (Seal) Signed Sealed and Acknowledged in the presence of us James Ford William Ford Oswald Coffering I Haden Wells of the State of Kentucky and County of Shelby do make and ordain this as a second codicil to this my last will and Testament bearing date the 15th day of November 1837. My will further is that out of the portion of my estate which is bequeathed to my grand daughter in the first codicil to my last will there be paid one hundred dollars to my son John Wells in consequence of labor performed for his brother Joshua R. Wells previous to his death which consideration has not been paid and it is to be clearly understood that the hundred dollars above named is to be paid out of that portion of estate which my before named Grand Daughter will be entitled to. Witness my hand and seal this 30th day of November 1843. Haden Wells (Seal) Witness James Ford I Haden Wells of the State of Kentucky and County of Shelby do declare this to be a third codicil to my will bearing date the 15th day November 1837. Whereas I did on the 5th day of February 1844, make an estimate of the property bequeathed to my children by Carty Wells, their Grandfather and for whom I stood as guardian and found that each one of my children were entitled to two hundred and ninety one dollars apiece and for which sum I have the receipt of our of my children, towit; Elisha, John William and Haden and the object of the intent of this codicil is that if either of my children or grand children or their guardians should at any time refuse to take the aforesaid sum of $ 291. in full of their respective claims against me as their Guardian and of what they are entitled to by virtue of Carty Wells Will then in that event they shall not receive any portion of my estate but the amount of those who have refused to abide by what I have done shall be equally divided between them of my children or grand children who may abide by what I have done ~ In Testimony whereof I have signed my name and affixed my seal this fifteenth day of April 1844. Haden Wells (Seal) Acknowledged in the presence of us James Ford Sophia F. Woodruff At a County Court held for Nelson County at the Courthouse in Bardstown on the 13th day of June 1848, This last will and Testament of Haden Wells dec'd. was produced in Court and proven by the oath of James Stone who also made oath that James F. Moore and Saml. Lewis the other subscribing witnesses thereto have departed this life and that said Lewis name is in his own handwriting. The first codicil to said will was also proven by James Ford. The second codicil thereto was in like manner proven by the said James Ford. The third codicil thereto was also proven by the said James Ford who also made oath that Sophia Woodruff the other subscribing witness thereto signed the same in his presence, in the presence and at the request of the Testator. Whereupon said papers is confirmed as decedent's will and ordered to record whereupon on the motion of Elisha F. Wells one of the executors therein who having executed bond with Benjamin Stallard and Alexander J. Beard his Securities in the penalty of $ 6000. conditioned according to law and having taken the oath the law directs it is ordered that a certificate of probate of said Will be granted him. Attest Nathl. Wickliffe clk. ============================================================================= USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons.Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent.