WILL: John Lee, 1802, Woodford Co, Ky Date: Fri, 25 Feb 2000 16:50:56 -0800 From: Martina Carpenter "MartinaCarpenter@webbworks.com" ************************************************************************ USGENWEB 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. ************************************************************************ Will of John Lee Woodford County, KY Will Book B Pages 143-147 FHC #0252306 I John Lee of the County of Woodford and State of Kentucky being of sound and disposing mind memory and understanding do make and ordain this my last will and Testament. First I give and bequeath unto my son John H. Lee my tract of land lying in the forks of Elkhorn Creek in the County of Franklin Containing five hundred and fifty acres. Secondly, I give and bequeath unto my son Thomas B. Lee my tract of Land on which I now reside in the said County of Woodford Containing Four Hundred and Thirty Eight acres. Thirdly, I give and bequeath unto my son Lewis Willis Lee my tract of Land Containing one Thousand acres lying on Russells (?) Creek a branch of Green River. Fourthly, I give and bequeath unto my daughters Mary B. W. Lee and Sarah B. (?) Lee my tract of Land Containing one Thousand acres lying in the territory of the United States northwest of the Ohio River, to be divided equally between them in point of Value. Also three hundred and thirty three and one third acres of my tract of land Containing thirteen hundred and thirty three and one Third Acres lying on the south fork of Skagg' s Creek a branch of Big Barren River which is a branch of Green River and one hundred and Sixty Six and two thirds acres lying on Glenns Creek a branch of the said Russells Creek. Fifthly, I give and bequeath unto my daughters Elizabeth T Lee and Lucinda Lee One Thousand Acres of my tract of Land containing Thirteen hundred and thirty three and one third acres lying on the south fork of Skaggs's Creek before mentioned, to be equally divided between them in point of Value. Sixthly, I give and bequeath unto my daughter Matilda Lee five hundred Acres of my tract of land containing six hundred and sixty six and two thirds acres on Glenns Creek before mentioned. The foregoing bequests of land to my children are to them and their Heirs forever; provided however, that the bequests of my sons John H. Lee and Thomas B. Lee are to be subjected to the incumbrances herein specified. Seventhly, I give and bequeath unto my well beloved wife, Elizabeth Lee in lieu of her right of dower in and to all my landed Estate, but not in lieu of her right of dower in and to my Slaves and other personal property for and during the term of her natural life the occupation and use of the tract of land on which I now reside as fully and amply as if it had not been devised to my said son Thomas B. Lee; except that if my said wife should marry or She should live until he shall attain to the age of Twenty one Years, on either of these events happening, the life estate held by her in that part of the said tract of land which lies on the southwestwardly side of the Road leading from Frankfort to Lexington shall immediately _______ and determine. Also I give and bequeath unto my said wife all my household and Kitchen furniture and I further give and bequeath until my said wife for and during the term of her natural life, my Mulatto boy named William now in possession of George Rowland in Franklin County and after her death I give and bequeath the said boy to my son John H. Lee and to his Heirs forever. But notwithstanding this bequest of the said boy unto my said son John H. Lee and my said wife it is my intention and desire that they both be Entitled to receive and enjoy their full legal distributive shares of all my other Slaves and personal estate not herein specially devised in the same manner as it this bequest had not been made. Eighthly, I give and bequeath to Willis A. Lee of the Town of Frankfort and to his Heirs forever my negro Girl named Jane now in his possession and I also give and bequeath to him in like manner a Slave of the Value of thirty Pounds to be delivered to him Ten years after the date hereof. Ninthly, I hereby constitute and appoint my said wife Elizabeth Lee Guardian of and to all my Children under the restrictions herein contained. Tenthly, I will authorise and direct my said wife as Guardian to my Children to keep work, Employ and use such and so many of all my Slaves, Stock of Horses, neat Cattle, Sheep Hogs, and Joiners Carpenters and plantation Tools, as my Executors hereinafter named shall permit, on my said tracts of Land in Woodford and Franklin Counties, to Enable her to maintain, educate and support my Children until they shall severally attain the age of Twenty one years or marry; and also if necessary to aid in defraying the taxes and and other costs and Expenses which may accrue on my estate real and personal provided that my said son John H. Lee shall have a right to demand and take possession of the tract of Land herein devised to him when he attains the age of of twenty one years; also that my said son Thomas B. Lee shall have a right to demand and take possession of the several parts of the tract of land herein devised to him at the times before prescribed; and also that my said wife whenever she thinks proper and each of my Children when they respectively attain to the age of twenty one years or marry, shall have a right to demand and receive, and not before, their several legal distributive Shares of all my Slaves and other personal estate then remaining alive, undisposed of, and not consumed or expended; and further, that should my said wife die before all my personal estate is thus distributed, it is my Will that the remainder therof be considered as a Common Stock in the management of my other Executors for the purposes aforesaid. Eleventhly, I hereby authorize and direct my Executors herein nominated or such of them as shall Qualify and the survivors of them, at the general Costs of my estate to investigate and settle all disputes which may arise concerning any of my lands either by suits or otherwise as he she or they shall deem just and proper. And in like manner I hereby impower them, to sell any or all of the lands I claim or which may be accruing to me, not herein specially devised, and to make deeds of Conveyance therefor to the Purchasers, with general or special Warranty as he she or they shall think proper, and it is my Will that the monies arising from the sails shall be applied, at the discretion of my Executors, to reimburse such of my Children as may chance to loose all or any part of the land herein divised to them by interferences with Superior Claims, and the Remainder of the monies be equally divided between all my Children. Finally, I nominate constitute and appoint my said wife Elizabeth Lee Executor and my friends Caleb Wallace and Robert Alexander Executors of this my last Will and Testament, hereby Revoking and annulling all & every former Will and Wills by me heretofore made, declaring and publishing this to be my only true and last Will and Testament, In Witness whereon I have hereunto set my hand and seal this Eighteenth day of December One Thousand Eight hundred & one. Acknowledged & Published ) in the presence of ) John Lee (seal) Israel Pierson Thomas Hill Lloyd Posey Peggy Bell At a Court held for Woodford County the 1st day of February 1802. This Will was presented in Court and proved by the oath of Thomas Hill one of the subscribing Witnesses thereto and At a Court held for the said County the first day of March 1802 the same was proved by the oath of Peggy Bell another subscribing Witness thereto and ordered to be Recorded, and on the Motion of Robert Alexander & Caleb Walase two of the Executors therein named who made oath and Executed and acknowledged bond as the law directs Certificate is granted them for obtaining a probat thereof in due form, Test G Brooke CC