Will Book 3

1855 - 1880

Page 32 In the name of the Almighty God Amen, I Charles Penn of the County of Franklin and State of Kentucky knowing the certainty of death and the uncertainty of life and being of sound mind and disposing memory do make and ordain this to be my last will and testament in manner and form following, to wit: 1st - I will and bequeath my soul to Almighty God, who gave to me with a firm belief of a blessed resurrection. 2nd - I desire that all my just debts and funeral expenses be paid for which I subject all my estate. 3rd - After the payment of my just debts and funeral expenses I will and devise to my beloved wife, Margaret Penn, the one third of my farm where I now live, which is to include my dwelling house, barn, stables and the choice of a man and woman of my slaves, two cows and calves, two horses or mares, ten head of hogs, twelve head of sheep, all the household kitchen furniture and so much of my farming utensils as will be necessary to carry on her part of the farm and all the ___? on the farm (she to have and make the selection) during her natural life. 4th - I have heretofore given to my daughter, Rebecca Ann Hassett a negro girl named, Caroline for which the said Rebecca Ann Hassett is not to be charged in the division of my estate. 5th - I have a mortgage on all the personal estate of my daughter Jane Smither and hold her deed for her life estate in a house and lot in the City of Frankfort, Kentucky, which she is hereby released from the mortgage and she is permitted to live in the house free of rent and if rented out to to receive the rent during her life and not to be charged to her in the division of my estate. 6th - Anything I have given to my children heretofore is not to be charged to them or either of them. 7th - I will and devise to my granddaughter Margaret Brawner three hundred dollars, this bequest is to be paid her in fifteen months after my decease, if she be living, if not then to be paid to the heirs of her body to be paid by my executor. 8th - I will and bequeath to my grandson, William Pulliam forty nine and a half acres of land in Franklin County, which I purchased of A. P. Cox and conveyed to me on the 9th of  ___, 1852 and on which he now lives to him and heirs and assigns forever and I also bequeath to the said William Pulliam, one hundred and fifty dollars to be paid to him by my Executor within eight months after my death, but if the said Pulliam shall die before the time of payment then and in that case the said one hundred and fifty dollars to be considered as part of my estate. 9th - I will and bequeath to my four sons, Squire, James, Hiram and Robert Penn during their natural lifes and after the death to their respective legal heirs of their bodies the farm whereon I now live in Franklin County on the Kentucky river and Stoney Creek containing upwards of five hundred acres to be equally divided between them after the death of my beloved wife, but if either of my sons should die without lawful issue then and in that case it is my will that the son or sons which may so die without issue that his or their share of said land shall go and vest in the surviving brother or brothers of my said son of sons who shall die.  That after my wifes part of the farm is laid off to her the balance of said farm is to be used and enjoyed by my said sons. My reasons for making the foregoing devise to my sons is that I have heretofore advanced to my daughter as much as would be their share in said farm. 10th - I will and devise to my sons Squire, James, Hiram and Robert Penn and my daughter Jane Smither and Rebecca Ann Hassett the balance of my estate both real and personal of which I may die seized and possessed to be equally divided amongst them and their heirs and if either of my said children named above should die without issue then and in that case the survivor of them are to inherit such portion and it is further my wish that my slaves shall not be sold out of the family, that after my death that my wife and children shall all meet and have a division of said slaves and if they cannot agree on a division they are to be put up and sold to the highest bidder to them as it is my will that they shall not be sold out of the family. 11th - I will and direct that the slaves which shall be allotted or bought by my daughter Smither and Hassett shall be held in trust by my executor herein after named for the use and benefit of my said daughters during their lives and then to the heirs of their body.  But my executor is at liberty to let my daughters or either of them to have the possession of said slaves or if my executor thinks it's more advisable to hire out said negroes and pay over the hire to them during the life of my said daughters or either of them and at the death of my daughters or either of them their shares of said slaves are to descend to their issue, I mean by this that each daughters children shall inherit their mothers share when she shall die, but in no event whatever shall their husband of husbands of my daughters have any right to sell or convey or control their wifes share of said slaves. 12th - I do hereby authorize my executor upon the product of any title bond or agreement for land which I may  ___to convey lands or may here after given by me ___ lands and the purchase money being paid to make a deed or deeds to the holder thereof of such bond instrument agreeably to the condition of such bond or instrument. 13th - It is my wish and desire that Mary Penn, my brother Joseph's widow shall live with my wife during the natural life or widowhood of the said Mary and that she is not to be charged with either board or clothing for which I charge my executor to see that she is well taken care of and to be paid out of my estate. 14th - If my Executor hereinafter named should refuse to act then and in that case it is my desire that a majority of my children nominate a suitable person for that purpose to act as administrator with the will annexed who shall have the same power that my executor would have __ if he __ qualified and he is to take upon himself the trust of my said daughters slaves. 15th - It is my will and desire that a graveyard be laid out for the use of my family on the farm where I now live and where a part of my family is now buried to be four poles by six poles where I intend to have corner stones erected to show the ground.   And, lastly I do hereby appoint my friend Dennis O'Nan, Executor of this my last will and testament and request him to see it carried out agreeably to my wishes.  I hereby revolk all and every will by me heretofore made and declare this writing to be my only and last will and testament.  Witness my hand and seal this 18th day of March 1857. Charles Penn Signed, sealed and delivered in the presence of these witnesses who were all present at the signing: R. Z. Taylor W. Franklin A. H. Rennick I do hereby make this a codicil to my last will and testament which is dated 18 March 1857.  I will and bequeath in addition to what I have willed to my grandchildren, William Pulliam and Margaret Brawner, one hundred and fifty dollars each to be paid them or their heirs twelve months after the death of my wife if she out lives me, and if she shall die first, then twelve months after my death. Witness my name this 2and day of June 1857. The words "each" and "the" underlined before signed. Charles Penn Signed and witnessed in the presence of the testator and these witnesses: A. H. Rennick W. Franklin Codicil 2 Since making my will I have advanced money and property to my daughter, Rebecca Hassett and her husband.  It is my will that said Rebecca shall not have any more from my estate except the negro girl Caroline, as she is all I intend her to have of my estate in anyway whatsoever. Charles Penn Witness: A. H. Rennick W. Franklin Franklin County Court, January 4, 1859 A writing purporting to be the last will and testament of Charles Penn, deceased with two codicils endorsed in Court and said will and codicil was proved by the oath of A. H. Rennick and W. Franklin the subscribing witnesses thereto and ordered to be recorded, which is truly don in my office. A. H. Rennick, CFCC