Will Book 3

1855 - 1880

Page 82 I, John Mayhall of the County of Franklin and State of Kentucky, being of sound mind but somewhat advanced in years and at the same cognizant of the uncertainty of life do hereby make and ordain this as my last will and testament. 1st It is my will and desire that my whole estate shall be subject to the payment of my just debts, though at this time I owe nothing. 2nd. Having about the year one thousand eight hundred and forty two divided equally my whole estate between my son Ray C. Mayhall and myself and he during his life having enjoyed the profits and benefits thereof and since his death his family having done so and being in possession of the same.  I deem it but just and proper that the children of my deceased son should have no further interest in my estate in the contingency herein after cited. 3rd After my death it is my will and desire that my wife Ann Maria Mayhall shall have and enjoy the whole of my estate real personal and mixed until my daughter Edna shall arrive at the age of twenty one years, then it is my will that my whole estate shall be equally divided between my wife and daughter.  If however, my daughter should marry before she arrives at the age above cited, it shall in such an event by discretionary with my wife to give her such portion of my estate as she may think just and proper to be given. 4th It is my will and desire that my daughter shall be entitled to all the rights and privileges of my home until her marriage or maturity and that from the proceeds of my estate shall be liberally educated and supplied with all the necessary and reasonable wants of life. 5th In the event of my daughter's death before she arrives at the age of twenty-one years and not having married, and leaving no bodily issue, it is my will and desire that my wife shall have and enjoy the whole of my estate during her natural life, subject however to a contingency hereinafter to be named.  At the death of my wife, should Edna my daughter or any bodily issue survive her, my wife, then that portion of my estate, one half, which has been heretofore allotted to my wife shall descend to my daughter or her bodily issue.  If, however my daughter should die leaving no bodily issue and that event should happen prior to the death of my wife, it is my will that my wife shall have and enjoy the whole of my estate until her death and  at that time in the event of the happening of the contingency last cited above, it is my will and desire that my whole estate shall be divided among the children of my deceased son Ray C. Mayhall and John Mayhall, son of my nephew P. H. Mayhall in equal shares. 6th In the event of the death of my daughter she leaving no bodily issue and my wife thereby enjoying the benefit of my whole estate and she, my wife, should marry then it is my will and desire that one half of my estate shall be given to the children of my son Ray C. Mayhall, deceased and John Mayhall, son of P. H. Mayhall, my wife to enjoy the remaining half during her life and to descend at her death and be disposed of as the other half has just been just above disposed of. 7th It is my will and desire that my wife shall have the right and privilege of disposing of all the property which she has, or whatever it my consist, at the time of our marriage in such manner as she may see fit. 8th It is my will that my watch shall be given to my friend Reuben Brown in the event he shall survive my wife, if not, then to my nephew P. H. Mayhall, if he should survive her, if neither should survive my wife, then I wish it to be given to my daughter, or the oldest of her issue. 9th Lastly, it is my will and desire that my friend Reuben Brown shall act as the executor of my estate and guardian of my daughter. In testimony whereof the above, I hereunto set my hand this 24th day of October One thousand eight hundred and fifty seven. John Mayhall Witness: I. Russell Hawkins A. Neat State of Kentucky Franklin County Court 21st June 1862 A writing purporting to be the last will and testament of John Mayhall, deceased was produced in Court and was proved by the oath of I. Russell Hawkins a subscribing witness thereto and was further proved by the oath of said I. Russell Hawkins that the signature of A. Neat was in the handwriting of said Neat, who is a witness to said will.  It is ordered that the said will be recorded, which is truly done in my office. A. H. Rennick, CFCC