Page
257
Kentucky
Franklin District Court
February
22, 1875
Nicholas
Traylor &c Peffs
VS
Elizabeth
Clayton &c Defts
This
cause being heard, upon the plaintiffs motion to set aside the Judgment rendered
herein on the 19th day of August 1874 and their further motion for a new
trial and for leave to
file
their amended petition offered on the 27th of August 1874 and the Court being
sufficiently advised it is adjudged that the judgment herein rendered on
the 19th day of August 1874
be
set aside, and held for naught, and a new trial granted and the said amended
petition is allowed to be filed to which Defts except and the cause being
submitted and heard, upon
the
pleadings, exhibits and proof and the Court sufficiently advised, it is the
opinions of the Court that the paper of date March 22, 1870 probate in the
Franklin County Court is not the
last
will of Jasper Clayton, but that the will set up by the Plaintiff in their
original and amended petition of date May 24, 1870 is the true last will
and testament of the said Jasper Clayton
in
the words and figures to wit:
In the
name of God Amen:
I, Jasper
Clayton of Franklin County and State of Kentucky, do hereby make my last
will and testament revoking all other wills by me made. I desire first that
all my just debts be paid
that
I have contracted since I have taken the Bankrupt law or
Bankruptcy.
I desire
and will that my wife Elizabeth Clayton, late Elizabeth Tackett have all
the land on the farm whereon I now live, which I purchased of Joseph Gale,
containing eighty three acres,
lying
and being in the counties of Scott, Franklin and Owen to have during
her natural life and two feather beds and bedsteads and all necessary bed
clothing for the same, one clock,
two
cows, and calves, if they have any, eight chairs and one choice horse or
mare if any, three tables and chests and the cooking vessels and one sixteen
gallon kettle and eight shoats.
I will
and desire that at the death of my wife, Elizabeth Clayton, the land which
I now live on that It shall be disposed as follows: Whereas R. A. Jameson,
caused my land to be sold for
going
his security. I hold his note for two hundred and sixty dollars due
January 26, 1866. I will and desire if the said Jameson failsto pay
off the said two hundred and sixty dollars with
interest
on the same in my life time, so that I get the money in hand, that his children,
my grandchildren, which are my daughter Elizabeth's children (Elizabeth Jameson,
late Elizabeth
Clayton)
namely; James M. Jameson, Milly Jameson, now Milly Blythe and Nancy Jane
Jameson, now Nancy Morgan, John Alfred Jameson and Malinda Francis Jameson,
I will and
desire
that my grandchildren as above named (Robert A. Jameson' s children) shall
only have twenty five dollars of my estate and that at my wife Elizabeth
Clayton's death which will be
five
dollars per heir.
I will
and desire that my daughter, Lucy Head have an equal share with my other
children at the death of my wife, providing H. H. Head pays off two debts
I hold against him, one a not of
sixty-eight
dollars due September 1867 the other is a note that I assigned to N. Traylor
for about two hundred and ninety dollars with some credits paid on it, but
if H. H. Head does not
pay
off the above named debts my daughter Lucy Head shall on have five dollars
of my estate at the death of my wife. I will and desire that my
granddaughter, Mary Rosalind Crimm,
late
Mary Rosalind Clayton shall have fifteen dollars of my estate, but if she
dies without any heir no person shall collect or get the
money.
I will
and desire that John A. Abbott, Mildred Tackett, late Mildred Abbott, J.
N. Abbott, Charles Abbott and Minnie Abbott, my grand children heirs of William
Abbott and children of my
daughter,
Mary Abbott, deceased (late Mary Clayton) shall have the balance of my estate
after all debts are paid.
Moreover,
I will and desire that Nicholas Traylor shall be paid out of my estate a
certain amount for which he is bound as my surety to Charles Owen, deceased,
about one hundred and
ninety
dollars provided he shows the vouchers for the payment of the
same.
I further
will and desire that Dabney Maupin, a boy about thirteen or fourteen years
of age that lives with me now,. shall have on bay
horse
colt,
which will be one year old, May next, one young white cow, one high posted
bedstead and feather bed and all necessary clothing for the same and on choice
hog for service already
rendered
to me for the same.
I further
will and desire that A. G. Rice shall be my lawful executor to carry out
my wishes and desires. Given under my hand this 24th day of May
1870.
It is
further adjudged that the paid last will and testament of Jasper Clayton
as above and herein before set out be and the same is now established as
the true last will and testament of
said
Clayton and that a copy of this judgment be certified to the Franklin County
Court for record and further proceedings under the same. It is further
adjudged that the plaintiffs recover
of the
defendants their cost herein expended to all which the defendants accept
and pray an appeal to the Court of Appeals, which is
granted.
Copy
Att
W. Franklin,
Cfcc
Franklin
County Court, Monday, April 1875
A copy
of a judgment of the Franklin County Court embodying the last will and testament
of Jasper Clayton, deceased was produced in Court, filed and ordered to be
recorded
which
is done.
Jas.
G. Crockett, cfcc |
