Will Book 3

1855 - 1880

Page 156 I Eleanor E. Temple, of the County of Logan and sate of Kentucky do make, publish and declare the following be my last will and testament hereby revoking all former wills heretofore by me made. After the payment of my just debts, it is my will and desire that my estate real, personal and mixed be equally divided among all my children giving to those of my grandchildren whose parents may hereafter die prior to my death, their parents portion.  But, said division is to be subject to the following charges, advancements which I have heretofore made and to such advancements as I may hereafter make to wit: 1st - Mary A. B. Winbourn to be charged with two thousand and thirty dollars. 2nd -  Sarah T. Lee to be charged with two thousand and two hundred dollars. 3rd. - Robert Temple to be charged with three thousand and eight hundred and seventy dollars. 4th - John B. Temple to be charged with three thousand, three hundred and thirty dollars. 5th - James N. Temple to be charged with three thousand and fifty nine dollars. 6th - Ann C. Beckett to be charged with two thousand and one hundred dollars. 7th - Lucy C. Bowling to be charged with three thousand one hundred and sixty dollars. It is my will and desire that the children of my son Jonathan C. Temple, deceased to wit; James R. Temple, Walter R. Temple, Carmella L. Temple shall have that portion of my estate to which their deceased father would have been entitled were he living at the time of my death, but to be charged with and have deducted out of that portion the sum of three thousand three hundred dollars; advancements which I made to their father in his lifetime: Also the sum of four thousand and twenty six dollars advancements made to them since the death of their father as well as all advancements which I may hereafter make to them.  And in the division between themselves of that portion of my estate which will be going to them. James R. Temple is to be charged with two thousand and twenty four dollars; Walter R. Temple to be charged with ninety four dollars and Camella L. Temple with one hundred and eight dollars and each of them to be charged respectively with such other advancements as I may hereafter make to  them.  And in the event of the death of any or either of said grandchildren before they arrive at the age of twenty on years or marry, his, her of their portions to go to the survivor of survivors and in case of the death of all of them before they arrive at the age of twenty one years or marry then the whole of their portion is to revert to my estate and be equally divided among my children then living - giving to the children of those dead their parents portion. That portion of my estate which will be going to my daughter Mary A. B. Winbourn, I will devise and bequeath to her for and during her natural life for her sole and separate use and benefit to be enjoyed by her independent of her husband and at her death to be go to such of her children except William Winbourn to whom I have give nothing and grandchildren as may then be living, the grandchildren to have their portion.  And it is to be laid out for and invested by my executor in likely young negroes who are to be delivered over to my said daughter for the purpose and use herein before expressed, but a I have herefor sold and conveyed to William M. Clark others a certain tract of land lying in Logan County, KY on the waters of Black Lick in which is embraced a small tract containing about twenty-two acres the same devises in trust by my late husband, Benjamin Temple, to my said daughter, Mary A. B. Winbourn and her children and which I purchased of her and husband, Henry K. Winbourn for the sum of two hundred and fifty dollars which sum I have heretofore paid them and they being unable to make me full valid and complete title thereto because of the interest which their children had therein; now should my estate and my children or any or either of them ever be made liable for or have to pay anything because of said defective or incomplete conveyance made to or from me or by reason of any recovery or warranty of said land then that portion of my estate herein given to my said daughter, Mary A. B. Winbourn and her children is to be liable for and charged with the payment of the sum together with all costs expended by my children or either of them or by my executor in defending the title to said land. I will to my grandchildren Harriet L. Newman and Lucy A. Newman that portion of my estate to which their deceased mother, Eleanor E. Newman would have been entitled were she living at the time of my death. But, they are to be charged with and have deducted from their portion the sum of Eighty four dollars, which I have heretofore advanced to them as well as to be charged with all advancements hereafter made them.  Their portion is to be paid by my executor to any guardian they may choose or have who lives in this state, but is not to be paid to their father, nor any guardian living out of this state. In  the event of the death of either of them before they arrive at the age of twenty one years or marry, her portion is to go to the survivor and in case of the death of both of them before they arrive at the age of twenty one years or marry then it to revert to my estate and be equally divided among my children, giving to my grandchildren whose parents are then dead their parents portion. I will and devise to my sons, John B. Temple and James Temple in trust for the use and benefit of my family and descendants on fourth of an acre of ground including the present graveyard on my farm Federal Grove to be held and used for a family burying ground. It is my will that non of my household furniture, including beds, bed clothing, books and etc. shall be sold, but it be divided equally among my children.  My grandchildren not to come into the division .  I hereby authorize, empower and direct my executor hereinafter named and in case he fails to qualify as Executor. I authorize, empower and direct my administrator to sell  and convey all my real estate and all the powers herein conferred upon my executor.  I confer upon my administrator, provided my executor herein appointed will not act. I hereby constitute and appoint my son, John B. Temple, executor of this my last will and testament.  In testimony where of I hereunto set my hand and seal this the 3rd day of March in the year 1854. Eleanor E. Temple Witness: M. B. Morton Will Morton Theodore Brown J. J. Jacob Re acknowledged and witnessed by us in presence of the testator and in presence of each other this 12 day of April 1867. E. S. Theobald J. Swigert, Jr. Codicil: Some of the advancements charged in my will to my children were made from the proceeds of my lands sold in the lifetime of my late husband and it is not my intention that they should be charged if that money should ever be claimed to have property a portion of his estate. Eleanor E. Temple Witness: Theodore Brown J. J. Jacob Re acknowledge and witnessed by us in presence of the testator and of each other this 12 day of April 1867. E. S. Theobald J. Swigert, Jr. Codicil 2: It is my desire that the Court which may admit the foregoing will and codicil to record will not require security of my Executors named in said will having entire confidence in his integrity and willingness to carry our all my wishes. Eleanor E. Temple Witness: J. J. Jacob Theodore Brown Re acknowledged and witnessed by us in presence of the testator and in presence of  each other this 12th day of April 1867. E. S. Theobald J. Swigert, Jr. Codicil 3: It is my will that the portions of my estate which shall pass under my original will to which this codicil to my three sons: Robert Temple, John B. Temple and James N. Temple shall be taken and held by them respectively in trust for the support of their wifes and children each portion for their respective families until such time as they may desire advisable that it be distributed amongst their children.  It is also my will that the portions which may go to my daughters, Anne E. Beckett and Lucy C. Bowling shall pass and be held by their husbands in the same manner as provided in the case of any sons and with the same powers.  Such trustees shall have power to invest the property either in homes or other property for the purposes of the trust and to sell any portion or which may be purchased with the fund with consent of their wives if living and use the same accordingly to discretion, but it shall not be liable for their debts or liabilities of any other kind, and any advances which I may have mad to any of my said sons or sons-in-law shall constitute debt to debts to their respective trust funds, but not to be collected by coercion.  If any of the said trustees shall fail to act from death or any other cause my daughters-in-law or daughters may choose their trustees, who shall have same powers as those named in this will of if they cannot be so chosen the courts of the respective counties having jurisdiction in such cases may appoint the trustees.  It is my intention that the trustees shall have power to invest any funds which they may have and sell and reinvest or expend as provided herein for the support of their families.  I give to my son James N. Temple three hundred acres of land near Paducah to be valued to him a fair price at the time of my death to be held by him in trust as provided for the use of his family, the land to be laid off where he has commenced to improve in such manner as to give a well shaped tract and do least injury to the remainder of the tract. I hereby by republish and re-affirm my last will and testament witnessed by M. B. Morton, Will Morton and others so far in the same is not inconsistent with this codicil.  In witness whereof I have hereunto affixed my hand and seal this 12th day of April 1867. Eleanor E. Temple Signed, sealed and delivered by the testator in our presence  at her request and by us signed in her presence and in the presence of each other. E. S. Theobald J. Swigert, Jr. State of Kentucky Franklin County Court, November 9th 1867 A writing purporting to be the last will and testament of Eleanor E. Temple, deceased with three codicils thereto attached was this day produced in Court and the said will and codicils were proved by the oaths of E. S. Theobald and J. Swigert, Jr. subscribing witnesses to the will and codicils and ordered to be recorded, whereupon the same is truly recorded in my office. A. H. Rennick, CFCC