HBrownwill.htm

 Franklin County, KYGenWeb  


Will  Book 1

1795 - 1823

Page 38
Be it known to all whom it may concern that Hezekiah Brown of the County of Franklin and State of Kentucky do hereby make and publish this my last will and testament
hereby revoking, annulling, setting aside and rendering void all and every such or parts thereof hereto for made by me.
1st. I direct that immediate provision be made for the discharge of all my just debts.
2nd.   I loan to my wife Sarah Brown for and during her natural life the house yard and garden where I now live, also such part of the household and kitchen furniture as she

may want, also my negro woman Milly and her two children; Ben and Dennis, also boy Jerry and girl Juliana [?] At her death to be disposed of as herein after directed.
3rd.  I give to my daughter Milly Clarke and my daughter Betsey Thompson twenty five dollars in cash each having formerly given them as much or more than I can now give

the rest of my children.
4th.   I give to my daughter Frances Preast one negro boy named Harry and three hundred ($300) dollars in cash to her and her heirs forever.
5th.  I give to my daughter Anna Templeman one negro girl named Charlotte and one boy named Ned to her and her heirs forever also three hundred dollars in cash.
6th.   I give to my daughter Lucy Richardson one negro woman named Nancy (the younger) and her child Washington, one woman named Nancy (the elder) and her child

Cyrus, negro man Ben Boy Edward and girl Marie to her and her heirs forever upon condition that she shall pay to my estate the sum of five hundred & fifty dollars (being
that would more than her proportion) and also that she is not to consider Nancy (the elder) as a slave and that should said Nancy survive my said daughter, Lucy, than she
shall have the privilege of selecting a house among my children, who when thus chosen shall take care of her as long as she lives and my Executors shall see that she is
properly treated and if necessary shall reserve a small portion of my estate to be appropriated to her support in consideration of her faithful services.
7th.   I give to my son Hezekiah Brown one negro man named Jack and woman Fanny to him and his heirs forever.
8th.   I give to my son Harry Brown negro man Bob, woman Rachel and child Fountain, also negro boy Alfred, also at the death of my wife I give to my said son Harry those

negroes now loaned to my said wife to wit Milly, Ben and Dennis to him and his heirs forever upon condition that he shall pay to my estate the sum of four hundred & fifty
dollars it being that much more than he is entitled to.
9th.   I give to the children of my deceased daughter Molly Waters, the sum of five hundred dollars in cash to be equally divided among them or the survivors of them when

they shall marry or arrive at the age of twenty one years.
10th.   I give to the children of my decd..... daughter Sally Halls [?] five hundred dollars in cash to be equally divided among them or the survivors of them when they shall

marry or arrive at the age of twenty one years.
11th.   It is my will that my faithful old negro man Murphary [?] shall be permitted to select a house among my children and the one selected shall take care of and support

him as long as he may live.  And that my Executors shall have all say to his treatment and if Murphary [?] shall survive a small portion of my estate for his comfortable support
maintenance during his life for and on account of his truly faithful services to me & my family.
12th.  It is my will that my friend Peptkak [?] Dudley shall have the farm whereon I now live (supposed to contain one hundred acres ) with my assurances [?] to him and his

heirs forever upon condition that he shall pay to my estate such sum therefore as may be fixed by three _____ men mutually chosen and as a reasonable compensation for
the services received to me at different times and favors received at his hands he shall be allowed two years to make the payments therefore from and after the price shall or
may have been fixed as aforesaid and I do hereby appoint my son Harry Brown and son -in -law John D. Richardson to execute a deed therefore in fee simple to said Dudley
reserving the life estate to my wife of such part whereof as is now loaned to her.
13th.  At the death of my wife, I wish my Executors to dispose of the balance of  my estate whether personal or mixed and divide the ______ proceeds thereof into seven equal

parts; one of which they shall pay to my daughter Frances Preast, one to Anna Templeman, one to Lucy Richardson ,one to Hezekiah Brown, one to Harry Brown, one to the
children of my decd... daughter. Molly Waters, and the other to the children of my decd... daughter Sally Halls [?] to them and their heirs respectively forever.
14th.  And, lastly I hereby _______ appoint my son Harry Brown, my son -in -law John D. Richardson, and my friend Jepthak [?] Dudley, Executors to this my last will &

testament.  In writing whereof, I have hereunto set my hand and affix my seal at my own house this 25th day of December 1819.

Hezekiah Brown [seal]

Attest:
Noel K. Johnson
W. L. Johnson
T. J. Johnson
Thomas Long

In as much as my wife Sarah Brown may not be reconciled to the will and may thereby create some difficulties with my Executors.   I have concluded to attach this as a
codicil to my said will that should she refuse the provisions herein made and adopt such provisions as the law makes for her then and in that case my will is that my Executors
shall allow her the third of all my estate and appropriate the other as they may think proper and most advantageous to my children until the death of my said wife, immediately
after which they are to proceed and appropriate as is herein provided for - Given under my hand & seal this 27th day of December 1819.


Hezekiah Brown [seal

Attest:
Thomas Long
Will L. Johnson
Noel K. Johnson
T. J. Johnson

I, Hezekiah Brown of Franklin County having survived more than one year since the making and signing my last will which bears date on the 25th day of December 1819 and the
codicil there to date on the 27th of the same month since which such changes having taken place as to render some allowances in [?] _______ there in which are as follows to wit.
First, in the 4th article of my will strike out the words "three hundred " and insert one hundred.  
Second, in the 5th article same strike out the words "three hundred" and insert one hundred dollars.

Third, in the sixth article, second line, after the word "Washington" insert "and infant son Preston" (born since my said will was made and strike out of the sixth line of said article
the words "five hundred & fifty" and insert "four hundred & fifty dollars."
Fourth, in the seventh article strike out the word "negro woman Fanny (she having departed this life) and insert three hundred dollars.
Fifth, in the 8th article strike out the word "four hundred & fifty dollars" and insert three hundred & seventy five.
Sixth, in the ninth article strike out the words "five hundred dollars" and insert four hundred dollars.
Seventh, in the tenth article strike out the words five hundred dollars & insert four hundred.

The foregoing seven alterations. I hereby make in my said will and direct this as an additional codicil to be attached to the other part of my will and to be acted upon in the same
manner by my said Executors and to stand upon the same footing in al respects, as if the same had been rewritten with these alterations made in it.
Given under my hand & seal at my own house this 14th day of January 1821.


Hezekiah Brown [seal]

The following codicil to the will of Hezekiah Brown was read over to him in our presence when he signed and acknowledged the said to be his act and did register our signatures
there to as witnesses on the day of its date.
Thomas J. Johnson
Will Mitchell [his mark]

Franklin County
September Court 1821
A writing purporting to be the last will and testament with the codicil on the back of the original will of Hezekiah Brown decd. was proven by the oaths of William L. Johnson, Noel K.

Johnson, and Thomas J. Johnson three of the subscribing witnesses thereto which is entered to be recorded and the second codicil was proven by the oath of Thomas J. Johnson one
of the subscribing witnesses hereto which is entered to be recorded whereupon the same is truly recorded in my office.
Att Willis A. Lee C.F.C.C.

Submitted by: Paul A. Carter
[email protected]


BACK TO WILL INDEX 1
HOME


The Franklin County, Kentucky GenWeb website was built during the month of September 1998 by Anne Holder Lee.
Work continues at this site on a regular basis with the construction of new pages, additional and updated information.
All information submitted to and published at this site is intended for research purpose only. It may not be reproduced for
COMMERCIAL publication without the written consent of the creator. Although public records are not subject to copyright law,

the design of format is a personal creation and is subject to the laws of copyright. If you have any questions concerning
the information published on this
page or at the Franklin County, Kentucky GenWeb website, please feel free to email

me, Anne H. Lee, and I will be glad to address your questions and or comments.

© 1998 - 2017 Anne H. Lee