Will Book 3
1855 - 1880
| Page
106 In the name of God Amen, I Alexander W. Macklin of Franklin County, Ky do make publish & declare this to me my last will and testament. 1st I devise my whole estate of every character kind and description to my two sons, Benoni and George B. Macklin or the survivor or to whosoever of them shall act and in case of their refusal to act or death, to such trustees as the Circuit Court of Franklin County may appoint from time to time to & for the following uses and purposes, Viz: 1. To use the most available means immediately after my death to pay all my debts having reference to the best mode of paying same with the least sacrifice of property or payment of interest exercising their discretion in the cultivating or grassing and making any necessary improvements on any or all of my home tract of land which I have not devised to my wife & children, also the use of a sufficiency of labor and necessary stock for that purpose if my trustees determine it advisable to do so, all products arising from any cultivation & of said land to go to my estate. 2. To set apart for my wife, Jane Macklin that portion of my lands purchased under a decree of the Franklin Circuit Court against C. Bucks heirs lying east of the top of the hill above my factory giving her the fence on said hill and said line to extend across to South Elkhorn creek, also a tract of land deeded to my by John Taylor & wife containing about two hundred and twenty two acres together with all & singular the appurtenances hereunto belonging, also three negro women & their increase, two girls and six negro men & boys all to be of her own choosing, all the household and kitchen furniture, all the necessary farming utensils and stock for farming & using purposes, a sufficiency of provisions & provender for one years supply for the family and stock, the land & negroes to be held and used by her during her life and only such of the stock and their increase to be returned to my estate as well as the perishable property as may be on hand at the time of her death. 3. After the payment of my just debts and allotments to my wife as above provide for, the trustees or trustee together with my other devises and heirs or a majority of them shall select three discreet housekeepers as valuers, who or a majority of them shall make a fair division and valuation of my estate (excepting so far as I have designated and fixed values myself herein between my children and their descendants, the descendants taking the share their parents would have been entitled to if living at the time of division giving (if practicable so to do) to my son Benoni Macklin my mill property with its appurtenances and fixtures & including that portion of my lands lying on the North of the Georgetown and Frankfort Turnpike road also that portion of my lands lying on the South East side of said road, East of a line commencing from said pike four poles west of the house now occupied by J. Calvert running in a South easterly direction at about right angles till it intersects a line of the Blain tract on Dry Run, thence down Dry Run with its center to a planted stone corner to a piece of land purchased of Dr. Lem Sanders also corner to C. Bucks survey on an island in South Elkhorn Creek and with the lines of C. Bucks survey down South Elkhorn creek to a corner of said Sanders survey and with the line of said Sanders convey including the mill dam location crossing said South Elkhorn creek to a corner on the Georgetown pike. I fix the value of the mill at ten thousand dollars which is _____ in a deed of Lem Sanders and wife to me containing about fifty three acres. Also those portions of lands deeded to me by William Jones and W. J. Hanes containing a portion of Main Elkhorn creek and lying adjacent to said Dr.Sanders conveyance to me, the balance of the above lands & designated for said B. Macklin outside of the surveys last mentioned are to be valued to him as a fair valuation as provided for heretofore in this will. 4. I give to George B. Macklin my "Pork house" property including all the lands belonging to me attached thereto, with all the appurtenances fixtures tools and machinery belonging thereto, and I fix the value thereof at Eight thousand dollars. Giving to my daughter Frances Quilling, wife of J. J. Quilling the lands she now occupies described in a deed of R. Harcoat to me which she was put in possession of on the 3rd day of October 1856 the value of said lands with their appurtenances I fix at Seven thousand four hundred and fifty dollars on that day also a negro girl Nancy at the value of four hundred dollars put into her possession on the same day and with both land and negro she must be charged on the date of her taking possession of same, also a tract of land lying on the North side of South Elkhorn creek west of the lands she occupies containing about twenty eight acres evidenced by deed of W. French & wife to me and to be valued as aforesaid to her. 5. Giving to my daughter Mariah A. Murphy wife of Jo Murphy one negro girl Ann which I value to her at four hundred dollars with which she is to be charged at the date of her marriage at which time she took possession of her. To my daughter Eliza Macklin a negro girl Amanda (a child of Rose) at the sum of four hundred dollars. To my daughter Lydia Macklin a negro girl Hannah at the sum of four hundred dollars, those of my children who have been put in possession of property are to account to my estate for the values of said property received by them and interest on the values thereof until final division of my estate and if I hereafter put others of my children in possession of property or make them advances they are to be charged in the same way with values & interest thereon as aforesaid from the reception of same. 6. Giving to my son Alexander Macklin the land set apart to his mother for her life with appurtenances belonging thereto subject to her life estate which must be valued and deducted from the price he is to be charged with by the value. 7. The interest in my estate which may be set apart to my daughters, Maria, Elizabeth & Lydia if received & set apart in property which I may own or which I may put them in possession of in my life time my said Trustees or Trustee will hold the title as well as of that given to Mrs. Frances Quilling & its increase to the sole & separate use of my said daughters & their children to be free from any debts or claims against their husbands. If the interest of my said daughters shall not be designated by me in my life time my said trustees or trustee acting under this will may with the aid of valuers set apart a share to each or if the means I have is in money stocks or personal estate of any kind the trustees or trustee may set apart the stocks or invest the means in stock or invest in real estate of slaves if necessary sell & reinvest as may be deemed best for the interest of my daughters & their heirs holding the title as above provided for. 8. Should any of my heirs not be fully educated at my death they are to have their schooling completed out of my estate and not to be charged therefore and to be supported in the same way till they arrive at maturity. 9. If my trustees find it to be profitable or expedient to continue my bagging factory in making of bagging & rope out of hemp by my factory hands then said factory & all the buildings belonging thereto with the appurtenances and machinery shall be kept together and that part of my Buck lands lying West of the lands set apart to my wife be attached to said factory which together with the factory hands shall not be subject to division, but the said property & slaves and a capital of three Thousand dollars shall be used for the benefit of my estate so long as my said trustees or trustee shall find it profitable and advantageous for the interest of my children and their heirs the yearly profits only being subject to division after all necessary repairs and improvements or their cost are deducted, The Trustees to have reasonable compensation for their services. If said business is found not to be profitable or advantageous to my estate then the trustees or trustee may sell the factory and its appurtenances and lands attached thereto in part or in the whole and make division of the proceeds and divide the negroes if practicable and if they are not sold with said factory or if not susceptible of division to sell them in families as near as possible to good masters in this State my design being to keep them together in families as far as possible to do, so long as they behave themselves also that they shall be kept in my estate to and my son George B. Macklin in any pork operation that he may conduct, the proceeds of their hire to go to my estate, but in these matters my trustees to exercise reasonable prudent discretion in consulting the best interest of my heirs. 10. The Trabue Snowden and Wiggs lands I desire to be attached together as one farm and the Capitol Race tract lands and those adjacent thereto on that side of George- town pike not devised by me I desire considered as one farm and these may be set apart at their valuation to any of my children that will accept of them for family residences as I desire that my home lands be retained for my heirs. 11. I give to the Trustees of the College at Georgetown, Kentucky Eight thousand dollars which they shall invest in best Bank stocks, the annual interest arising from same fund shall be used for the boarding and educating young men of approved gifts for the Baptist ministry in said Georgetown College, said selection of young men shall be by orthodox Baptist Churches the subjects selected must posses a good promise of apness to teach and a full desire to handle the Word of God faithfully, which sum is to be paid when my estate is fully wound up at the discretion of my trustees. 12. I have designated for my sons Benoni and George B. Macklin, Mrs. Quilling and Alexander Macklin landed estate at values fixed by me in part and to be fixed, as to the balance by valuers as herein named and should I owe either of my sons Benoni or Geo. B. Macklin at my death and the aggregate of my estate will not give to each child an interest as large as either of theirs, thus must be deducted from the value of the lands set apart for them enough to pay their claims against me and so much thereto as will reduce their shares to equality with my other children's shares, my purpose being that each child or his or her descendants shall have equal portions of my estate. If Alexander's interest is designated shall have to be reduced, I direct that it be so done as to give him hands and stock to work his lands that he may __ left him in making equal division. The hands and stock he must have if his lands have to be reduced I direct that it be done so as to give him hands and stock to work his lands that he may have left him in making equal division if either of my children should in any allotment made them get more than their distributive share they can equalize in money if the choose to do so and any payment thus made for my daughters shall be invested as prescribed herein. If the donation made to the Trustees of the Georgetown College should be found to exceed a childs share in the winding up my estate then said donation of Eight thousand dollars shall be reduced to a childs share and in no event is said donation to exceed a childs part, but in no event is said donation to be increased notwithstanding what my estate may divide to my children or each of them. 13. My Trustees or Trustee have full power & authority to rent out lands lease houses or hire out servants or to use them to the best advantage for the interest of my heirs until my estate is fully wound up, also to sell detached or out lands, lots or property belonging to me to effect a division and investment or reinvesting for my daughters whose shares are not designated, also to sell property already devised to my daughters and reinvest same when necessary to the interest of my daughters or their descendants the trustees or trustee to have reasonable compensation for his service and management of all the affairs or my estate. 14. My servants who are carpenters or coopers are to be hired out in the family for the best prices that can be had for them until it is determined by my trustees what will be best to do with them. 15. I appoint my sons Benoni and George B. Macklin my trustees under this my will or which soever of them choose to qualify as Exors., Exor. and they are permitted to do so without bond or security. Louisville, April 1, 1860 A. W. Macklin
Frankfort,
Nov 22, 1860 A. W. Macklin
State
of Kentucky, Set |
Submitted
by, Anne H. Lee
Hunt
4 Roots @aol.com
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