WILLS: Burnett, Isham R., 1856 - Wayne Co, KY Submitted by: Diana Flynn Date: Sat, 24 Jan 1998 23:17:46 -0500 SURNAMES: BURNETT, WALKER, DODSON, TUTTLE, POWELL, CHRISMAN, SIMPSON WILL OF ISHAM R. BURNETT - Written: 20 Jan 1853; Proved 18 Nov 1856 - Wyne Co., KY. - Will book A, pages 137 & 138. I, ISHAM BURNETT, considering the uncertainty of this mortal life and being of sound mind and memory, do make and publish this my Last Will and Testament, as follows, to wit: #1 - I will that all my just debts that shall be by me owing at my death first be paid and satisfied justly after which my will is that my Beloved Wife, WINNEY F. BURNETT have and hold all my land, Negroes, horses and cattle, cash and cash notes, house and house furniture and everything that I have pertaining to Stock, Chattels and so forth in this World, to have and to hold as long as she may live (if she should continue my widow). Should anyone of my slaves or more than one, become disobedient or dissipated to a quarter degree than is common or unusual, my Will is, that such Slave or Slaves shall be sold and the money which he or she or they may bring, be expended in purchasing youthful girls, and my Will is that their unmarried children shall be portioned off at their marriage or legal departure from their father, Old Possessions; And further, my Will is, that at the death of my beloved wife, Winney, that my last children who are the children of the person of my beloved wife, Winney, shall inherit or heirs, all my estate except the following amount which is $12.00 and which Twelve Dollars shall be equally divided between my first family of children who are twelve (12) in number and whose names are as follows ISHAM BURNETT, JAMES BURNETT, NANCY WALKER FANNY WALKER, OBADIAH BURNETT, JOSEPH M. BURNETT, SARAH DODSON, ROLEN BURNETT, REUBEN BURNETT, ELIZABETH DODSON, ISAAC BURNETT and RUTH DODSON or their representatives, to each of them I will $1.00. #2 - Having then Willed or bequeathed unto my first family of children in the names above mentioned and viewing it to be just and right that my last children have what estate I may have of what nature so ever it be. I here ordain that they my last family of children do have it at the time and in the manner as follows, to wit: #3 - At the death of my Beloved Wife, Winnie, my Will is that all of the children or my wife Winnies Children, shall equally inherit or their natural representatives shall equally inherit all my Estate, all other to them and further my Will is that all of my Negroes shall not be sold at Public Sale, but that all of them shall remain in the possession of my wife Winney's children, and if some one or more than one of said children does not want to own any of said negroes, then those of said children who wish to own them shall pay a reasonable price for the slave or slaves. #4 - And further my Will is that THOMAS D. BURNETT and ELI D. BURNETT have, own and inherit all my land to have and fully possess it, to them and their heirs forever and that fully have all the House, Ways, and Waters and moreover everything pertaining to the land forever and that they, THOMAS D. BURNETT and ELI D. BURNETT shall pay for these lands and promising $1500 to the heirs of their mother, they being two for the heirs to whom a portion as said $1500 will be due Thomas and Eli being of age and being present, have then agreed to pay the above named prices for the land and procuring the names of my children who inherit all of my Estate, after all just debts are paid, and after all my first children are paid their portions are: THOMAS D. BURNETT, ELI D. BURNETT, KATHARINE TUTTLE, NANCY F. DODSON, WINNEY F. BURNETT, ZERILDA BURNETT and POLLY J. DODSONS 3 CHILDREN, JEMIMA, JANE and POLLY F. DODSON. #5 - And further, I do hereby appoint my sons, THOMAS and ELI BURNETT to be my executors or Administrators of my Estate and my Will is that they shall do my Will as made known in this my Last Will and Testament, and my Will is that what ever the Executor and Administrator do or determine, shall be Firm, Binding and Conclusive between all person and my Will is that no suits at Law, nor courts, that no suits at law in courts of equity be commenced or in anyway prosecuted. This is my Will, hereby revoking all former Wills, by me made. In Witness whereof, I have here unto set my hand and affixed my seal, this the 20th of January 1853. Signed, sealed and published and declared and for the Last Will and Testament of the above names. In presence of us: THOMAS POWELL, G. C. CHRISMAN, ISAAC POWELL. /s? ISHAM BURNETT. 1856 November Court - On the 18th of November, this Will presented into Court and proven by oaths of THOMAS POWELL and G. C. CHRISMAN, two of the witnesses../s/ WILLIAM SIMPSON, 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 noncommercial 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.