Will Book 3

1855 - 1880

Page 71 I, Albert T. Burnley of Frankfort, Ky do hereby make and ordain this as my las will and testament hereby revoking all other wills by me herefore made. 1st.  I do appoint my wife, Frances and my son-in-law, Robert H. Crittenden, my Executors and guardian of my daughter, Lucy and request that no security be requested of them in qualifying as such.  In case of the death of one of my Executors the survivor shall have all the power herein jointly given and the same if one shall decline to act. 2nd. I devise in fee simple to my Executors all my estate real, personal and mixed wherever situate upon the following trust, viz: First, I desire them to convey to my son George out of my lands in the state of Texas, except that near Indianaola, a tract suitable for a stock farm, not exceeding in quantity one thousand acres and to pay to him the same of five thousand dollars as soon as it can conveniently be done, but without interest.  It is however, to be expressly understood that his five thousand dollars and the value of the tract are to be charged to him as an advancement and to be taken into the account against him in the final distribution of my estate.  And in order that there may be no future disagreement or difficulty in fixing upon the value of said land it shall be agreed upon and expressed as the consideration of the deed of conveyance to be made to him and but that value it is to be taken into account against him as aforesaid.  Second, all the residue of my estate to be held for the extensive use and benefit of my wife, Frances and our unmarried daughters during the widowhood of my said wife, but my Executors may in their discretion sell all of any of my lands and slaves at such time and in such manner as they may prefer for yielding revenue and I recommend that this be done.  Third, I authorize and empower my wife to make an advancement to the amount of twenty thousand dollars to my daughters, Martha A. and Lucy V. at such time and in such manner as she may deem proper and also in such manner to make an advancement to the amount of Ten thousand dollars to my daughter, Harriett Crittenden to whom I have already advanced what I consider equal to Ten thousand dollars.   These advancements whether to be made or not and when to be made to be entirely at the discretion of my wife.  If said advancements are not made during the life or widowhood of my wife, they are then to be made before my son, George receives and further share of my estate than that herein devised and bequeathed to him and he shall then receive if so much there be as much as will make his portion equal to twenty thousand dollars, including the part herein before devised and bequeathed to him and the residue of my estate to be equally divided between him and his three sisters or the descendants or either of the four who my be dead.  My reason for this preference of my daughters as I have already explained to my son merely because with the education he has received he ought to be able to support himself than can be expected of them.  It is further my will that my wife shall not expend more than the income or interest arising annually from my estate and when that income or interest shall excess four thousand dollars per annum, the excess shall thereafter be added to and constitute part of the principal or capital of my estate.  My daughters, Martha A. and Lucy V. are to reside with their mother as long as they remain unmarried and as part of her family are to be suitably maintained and provided for out of the annual allowance above indicated. Item 3  In the event of my wife marrying again it is then my will that she shall take in fee simple one fifth of my estate as though it had descended to five persons; not charging her with what has been expended according to the directions of this will and the residue to be divided as herein before directed.  In testimony whereof I have hereunto affixed my signature this 10th day of October 1860. A. T Burnley Signed and acknowledged in our presence by A. T. Burnley Albert G. Bacon A. D. Nelson State of Kentucky Franklin County Court, May 27, 1861 A writing purporting to be the last will and testament of Albert T. Burnley, deceased was this day produced in Court and Albert G. Bacon one of the witnesses thereto being duly sworn, stated that the decedent signed and acknowledged the said writing in his presence and in the presence of A. D. Nelson (who is now absent) the other subscribing witness thereto.  Whereupon it is ordered that the same be recorded as the last will and testament of A. T. Burnley, deceased, which is accordingly done. Att: A. H. Rennick, CFCC