DHowleywill.htm

 Franklin County, KYGenWeb  


Will  Book 1

1795 - 1823

Page 112
In the name of God Amen, I Dennis Howley of the County of Franklin & State of Kentucky being of sound mind but an advanced age do make and constitute this my last will & testament
in manner following. To wit: My primary object in making this will is to secure after my death, emancipation to my slaves at such times, and in such manner, as I shall herein after ordain
& sepcify.

First as a reward for the industry & fidelity of my man servant Joe, and my woman servant Sarah, his wife it is my will and desire that they together with their increase hereafter born be
liberated immediately after my death & for their support & maintenance my Executors (hereinafter to be named) are requested to lay off from the farm whereon I now reside fifty acres of land
which is to be deeded to them & their heirs forever. I further desire for the cause & for the and above mentioned, that they have given to them out of my stock two cows, six hogs one horse
plow & gear.

Secondly my two remaining male slaves Charles and Aaron I desire to be liberated after the death of my wife Priscilla Howley; until which time I desire they be held in trust by my Executors
for the use and benefit of  her so long as she remains my widdow. This trust in my executors is created with a view to prevent the maltreatment of those slaves or their being taken off or sold
as to thwart my intention of emancipating them.

Thirdly, my female slave Eliza is also to be held in trust by my executors for the sam reasons as Charles and Aaron, for the benefit of my wife during her life or widowhood and at the termination
of either to be liberated together with her increase.

Fourthly, It is my desire that my wife retain during her life or widowhood my farm on which we now reside except the fifty acres to be deeded as before directed at my death to Joe and Sarah and
also all of the stock and household furniture & farming utnesils in my posession at the time of my death, not herein otherwise disposed of.

Fifthly, After the death of my wife it is my desire that my executors proceed to divide my farm into three equal parts taking into the computation the fifty acres before deeded as before mentioned
to Joe & Sarah, one part to Charles and the other part to Aaron, to them and their heirs forever.

Sixthly, In consideratoin of the true friendship existing between myself and the reverend William Hickman I desire my executors to give him out of my estate twenty pounds should he be alive at
my death. Also to my worthy friend James McGuire the sum of one hunderd dollars should he be alive at my death.

Seventhly, After the death or marriage of my wife I desire that my stock & furniture to be sold and the proceeds disposed of at the discretion of my executors to the poor and needy.

Eightly, To my old friend Henry Miller, I desire to be given for the use of his children or those of them who my executors in conscience with him may think most needy the sum of one hundred
dollars.

Ninthly, I do hereby appoint and constitute as my executors to this my last will, Thomas Long of the town of Frankfort, Harry J. Thornton & James J. Miles & William Trotter.

Lastly, Reposing the most entire confidence in the prudence and integrity of my executors, I do request and desire & for that purpose do hereby appoint them trustees, that they will after the
payment of all my just debts and paying the legacees herein before given, use and appropiate the residue of my estate both real and personal to the relief of such poor and needy objects of
humanity as they may think worthy of assistance.

Dennis Howley {seal}

Teste:
Acknowledged by Dennis Howley to be his last will and his mark.
Made in our presence this 20th day of February 1821
Isaac Caldwell
James W. Forbus

State of Mississippi, Adams County Sct.
Know all men by these presents that I Louis Winston Presiding Judge of the circuit court of Law for the County of Adams & second Judicial District of the State aforesaid, on this day
caused Isaac Caldwell whose name is subscribed as a witness to the written instrument of writing to come before me at my chambers by virtue of the annexed commission and said
Caldwell having being duly sworn upon the Holy evangelist of Almighty God, declared and made oath that on the 20th day of February 1821 in the town of Frankfort Kentucky Dennis
Howley whose name is subscribed to the written instrument of writing did execute & publish said instrument of writing as and for his last will and testament, and that he said Caldwell
at the request of said Howley subscribed his name thereto as a witness in sd Howleys presence and that he believes James W. Forbus the other subscribing witness signed his name
thereto at the same time in the presence of sd Howley & Caldwell and at sd Howleys request said Caldwell further declares & made oath that at the time of the execution & publicaction
of said Will as aforesaid he beleives Howley was of sound & disposing mind & memory. That sd Howleys name was written to sd Will and a seal affixed thereto, at sd Howleys request
and in his presence, and that before the acknowledgement & publication as aforesaid sd Howley (being an illiterate man) made his mark, as appearing in said name, sd will having first
been correctly read over and explained to sd Howley.

Given under my hand this Isaac Caldwell
30th day of November 1822
At Natchez
Louis Winston

The Commonwealth of to Louis Winston the presiding Judge of the Circuit Court of Law of the County of Adams (or Natchez publie) of the State of Mississippi Greeting: Whereas an
instrument of writing hereto annexed purporting to be the last will and testament of Dennis Howley deceased in the worshipful County of Franklin at their September Court 1822 for
probate and it being suggested that Isaac Caldwell, one of the subscribing witnesses thereto resides without the limits and jurisdiction of this Commonwealth.
Now know ye that we trusting to your fidelity & provident circumspection in diligently examining the said Isaac Caldwell, upon oath, whither the Testator signed and published the writing
hereto annexed as his last will and testament that he was of disposing mind and memory and that he the said Caldwell subscribed his name thereto in the presence and at his request
and that the name of James W. Forbes was signed by the same Forbes in his presence and at his request as a witness to said will and having taken the attestation aforesaid that you
certify in the manner such acts are usually a thenticated by you to the Justices of our said Court without delay enclosing at the same time this writ with the said will annexed. Witness
Willis A. Lee Clerk of our said Court at the courthouse of said county this fifth day of November in the year of our Lord one Thousand Eight hundred and Twenty two and of the Commonwealth
the Thirty first year.
Willis A. Lee CFCC

Submitted by:  Michelle Woodham
[email protected]


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