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29 I, Elisha Herndon knowing the uncertainty of life and the certainty of death do make this my last will and testament, towit: First - I give my soul to God who gave it and my body to dust to whence it came. 2and. - All my just debts to be paid by my executor and money raised by the sale of property for that and other purposes herein after named. 3 - I confirm to my son James B. Herndon the one hundred aces of land on Benson Creek, sold to Elijah Kirk, also a negro girl named Lydia and her increase; no charge to be made on debts paid on either side. This land and negro woman I consider worth two thousand dollars and wish them considered as an advancement to my said son to that amount out of my estate. 4 - I confirm to my daughter Susan G. Herndon and her children the one hundred acres of land adjoining the farm on which I now reside and on which said one hundred acres of land they did a few years ago live. Also a negro woman named Adeline and her increase and which said land and negro woman are to be considered worth two thousand dollars in the division of my estate. No charges or debts to be made or paid on either side. 5 - I confirm to my daughter Frances Connelly all my lands in the state of Indiana on White river. Also the rents, debts, accounts and dues of every kind that are due or coming to me which were (some years ago) in the hands or care of Alex W. Russell, my agent. There is about one hundred ninety six acres of these land and they are to be considered including the rents, dues and aforementioned as worth two thousand dollars in division of my estate. 6 - I confirm to my daughter Amanda Morrison and her children the one hundred & twenty acres of land where they now reside, which is to be considered worth $2000 in division of my estate. 7 - I confirm to my son Joseph F. Herndon a ____ section of land in the state of Illinois as shown by a deed from Hayston Lane, to be considered worth in division Two thousand dollars. 8 - I confirm to my son Elisha T. Herndon a tract of land in Allen County Kentucky the patent is for one hundred and twenty five acres to be considered worth two thousand dollars in the division of my estate. 9 - My son William B. Herndon has about been heard of for eighteen or twenty years, therefore say he is dead and leave to him or his heirs one dollar. 10 - I give to my grandson Francis Marion Utterback two thousand dollars in cash which I wish my executor to loan out into safe hands at six per cent interest per annum with a mortgage on land to secure it repayment and to expend or pay over the interest annually for his support and education so long as he remains in the care & management of executors until he becomes twenty one years of age, then of course after he is or age, he is to receive the principal and the control of it by my executors is to cease and be determined, but should he die before he arrives at twenty one years of age, then said two thousand dollars is to revert to my heirs as apart of my estate. Should my grandson be removed or taken out of the care and superintence of my executors, then the interest of said two thousand dollars to be annually added to principal until he becomes twenty one years of age. I also give to my said grandson, Frances Marion Utterback my little gray cold called "Bet" 11 - I appoint my friend Jno. J. Julian trustee of my grandson Frances Marion Utterback to attend to him and have him well raised and given a good English education. 12 - I give to my son John Ezra Herndon and the heirs of his body one hundred & twenty acres of land including my dwelling house & all other buildings therein which said one hundred and twenty acres of land to be laid off to said Jno. Ezra Herndon by a line beginning in Amanda Morrison line and running southwesterly to Susan G. Herndon line. 13 - I give to my son David J. Herndon and the heirs of his body all the balance of my land which lies between the one hundred & twenty acres thereupon given to my son John Ezra and near Benson Creek which will be I think about one hundred & fifty three acres including all land subject to ___ on the creek in the estimate by the same more or less to be worth two thousand dollars in the distribution of my estate. Also of the one hundred & twenty acres of land herein before given to my son John Ezra. 14 - Not withstanding I have intended by limiting the lands (herein before given to my sons John Ezra and David J. Herndon to them and the heirs of their "Bodies" to prevent said John Ezra and David J. Herndon from selling or alienating said lands during their lives, yet nevertheless, I hereby expressly grant to them and the heirs of their bodies provided the whole proceeds of such sale or sales be vested in other lands bought by them in ___ of them and said lands so bought by them or ___ of them be conveyed to them or __ of them and the heirs of their bodies so as to ensure to their children or descendants the inheritance of said lands so bought with the proceeds of the land or herein before given by me to said John Ezra and David J. Herndon and the heirs of their bodies. 15 - I wish my executor to sell my farm lying about three miles from Frankfort in the turnpike road leading to Louisville on which Ben Armstrong now lives and which contains about ninety four acres of land. 16 - I also wish my executors to sell two other tracts of land of mine towit; one tract of about two hundred acres lying north of main Benson Creek and on which David J. Herndon now lives and one tract of land about one hundred acre lying on both sides of Frankfort & Louisville turnpike road and near John Shumates residence and my executors are hereby empowered to make good sufficient deed of conveyance of all the lands herein divided to be sold to the purchasers there of. 17 - All my stock farming utensils household & kitchen furniture and all other of my personal property not herein specifically bequeathed - I wish sold. 18 - The twenty dollar note which I hold against Jas. B. Herndon is not to be charged to him nor collected of him. I wish it given up to him. Also the bill of sale of Jas.. B. Herndon & wife to me for his wifes part of her fathers estate. I wish it given up to him without charge to him. 19 - The intention of this my will is to make all my childrens shares of my estate as nearly equal as I can under the circumstances amid which I am placed. 20 - I appoint my friends Jno. J. Julian and Jno. Jenkins my executors to carry this my will into execution. 21 - My large family bible, I give to my son David J. Herndon, my watch to my grandson, Elisha Smith Herndon, son of my daughter Susan and my gun, I give to my son John Ezra Herndon. All the servants owned by me at my death I wish sold, In witnesses whereof I hereunto subscribe my name and affixed my seal this 18th day of August in the year of our Lord 1858.
Elisha
Herndon
Witnesses
State
of Kentucky |
Submitted
by: Anne H. Lee
[email protected]
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