August Term, August 13" 1889
A writing purported to be the last will and testament of C.H. Stewart, late of Carter County was this day presented in court and duly proven by the oath of T. W. Mitchell, one of the attending witness to said will. The said Mitchell having been duly sworn, testified that the writing was signed and acknowledged by said C. H. Stewart in his presence as his last will and testament, and at his request signed the same in his presence. That said C. H. Stewart was a citizen of Carter County and over the age of twenty one (21) years of age, and died in Carter County that he was of sound mind and disproving memory at the time said will was executed. It is therefore ordained and adjudged that said instrument of writing be and the same is admitted to record as the last will and testament of C. H. Stewart, deceased. Wherefore Fannie J. Stewart, wife of said decedent appeared in court and ....... her motion took the oath required by law as executrix of said will.
Here follows the will in words & figures to wit:
I, Charles H. Stewart of Denton, Carter County, Kentucky being of sound mind and disproving memory, and in reasonably good physical health desiring while mentally capable of so doing to dispose and give direction concerning the disposition of my estate, do now on this 25th day of September 1883, make, execute and publish this my last Will and Testament.
First - To my wife, Fannie J. Stewart (nee Fannie J. Denton) I give, devise and bequeath all my real and personal estate now in being so well as such as I may hereafter acquire. She to have, hold, use and contest(?) the same as long as she remains my widow - and dispose of same as she may choose by gift, deed, or will.
Second - Should my wife marry again, I direct that the real estate devised herein; and whatever interest I have in it, shall descend to my two daughters viz: Elizabeth Nancy Clay ( late Stewart ) and Cynthia Ann Reeves ( Late Stewart ) and to their assigns or heirs forever. As to the personal property it is mainly the product of the labor, skill and management of my wife and it is to be hers in any event.
Third - I do hereby nominate, constitute and appoint my wife, Fannie J. Stewart sole executrix of this will and devise that she be permitted to qualify as such without bond or security of any kind and so request this court to act and allow when this writing is presented for probate.
Fourth - I hereby authorize and empower my Executrix to sell and convey all or any of the property herein devised and direct that she may make conveyance of any and all property sold but not conveyed in my lifetime.
In testimony whereof I have beneath set my hand this 25th day of September A.D. 1883
C. H. Stewart
W. L. Hodges
Theo. W. Mitchell