MHardinwill.htm

 Franklin County, KYGenWeb  


Will  Book 1

1795 - 1823

Page 121
I, Martin D. Hardin Counsellor at law of Franklin County in the State of Kentucky, son of the late General John Hardin of Pleasant run formerly Nelson now
Washington County do hereby make and ordain this my last will and testament. I constitute my wife Elizabeth Hardin the Executrix of this my will and
direct that she shall not be required to give bond and security as long as she remains single for the administration of my estate. I also constitute her the
guardian of my children so long as she remains single. I also constitute my son John Hardin Executor of this my will so soon as he shall attain the proper
age and direct that security shall not be required of him in a greater penalty than five thousand dollars.

I authorise my Executrix to sell any part of my personal estate at private sale if she prefers it to a public sale.

I desire the payment of my just debts as speedily as may be convenient, all demands against it which my Executors may believe fair they will pay
without or costs to the creditor if any should be presented which they believe uncorrect. It is their duty by law & my direction that they rely on the
statutes of limitation legal bar. My wife until a division of my estate is to receive the whole income of it and is to support & educate my children in
the manner, but calculated to render them useful members of society on this head I wish her to consult my friend Robert Trimble and have a confidence
that he will give a friendly attention to the subject. In educating my children for the purpose of equalising their portions it will be proper that an account
should be kept of the money paid for their boarding and for the higher branches of learning omiting those ordinary expenses that will be common to all
the children. When a division of my estate is made my wife is to have for life in lieu of dower in my estate her choice half of Locust Hill the farm I live on
the divisions line to be that which divided the land I bought from Giles Samuels heirs and that I bought from Reuben Samuel & formerly owned by Edmund
Ware decd. or if my wife prefers it She is to have any other tract of land or house & lot and appurtenant buildings which I may own at my death. She is
also to have forever one negro man slave, one negro woman slave & one young negro slave under fifteen years of age the choice of those I leave at my
death. She is also to have for her life one other man slave, one other woman slave and one other young slave under fifteen years of age choice of those
I have and if she chooses for either of the woman, one that has a child or children at the time of such choice under six years of age Such young child or
children is to go with the mother & be held by my wife during her life. I also give to my wife in the division aforesaid to her forever twenty shares in the stock
of the Frankfort bridge company, the carriage & pair of horses, half of my household & kitchen furniture & farming utensils & one third of live stock of any
kind and one third after the payment of all my debts of all my personal estates, excepting my bridge and Turnpike Stock.

A division of my estate will be proper as should be made if my wife should marry or when any of my children should come of age or marry and desire it,
or it may be made before either of these events if my wife or my brother Mark Hardin & brother in law John Logan shall choose sooner to make.

My real estate subject to the foregoing encumbrance and to the powers herein after mentioned I leave to descend according to law to my apse (sp?).

I give to my wife so long as she remains single the power to divide my lands & lots and slaves & Frankfurt Bridge Stock & Turnpike Stock amongst
my children with power to make an allotment from time to time that is not necessarily alloting to all the children at the same time and with power to equalise
by one of the kinds of property above mentioned -by personal estate any inequality in a division of the other property.

I give the like power of dividing my estate to my brother Mark Hardin and brother in law John Logan to act jointly, & with power in them to appoint a
third man from time to time whenever they may think proper so to do and the allotment of any two of the three to be binding. I give the like power of dividing
my estate to two or more commissioners to be appointed from time to time either by my wife or by my said brother & brother in law.

And in case of the death of my wife and of either my said brother or brother in law so that this power would expire I give the like power to commissioners
to be appointed by the court of chancery having jurisdiction over Franklin County, or petition filed by one or more of my children.

And for avoiding disputes it is my intention and direction that the divisions or allotments herein authorised shall be in writing acknowledges or proved by two
witnesses in the office of Franklin County court and that the appoint of commissioners made by my wife or by Mark Hardin & John Logan shall be acknowledged
& proved in like manner.(signed as the first sheet of my will M.D.Hardin)

In making the division of my estate if Locust Hill the farm I live on is not too valuable for one lot taking into view the requiset funds to carry it on, I should wish it
to remain in one lot, but if too valuable then it will be divided as the persons acting judge best. I also desire that it go to one of my sons who will be likely to retain
it. And if John's pursuits did not give to any other child stronger claims then he should have it. If the tract be divided, this -mation of my wishes rotates to the part
which will include the mansion house.

I give to my Executors the power to settle, adjust, arbitrate or compromise any dispute in relation to my real estate or personal estate, to buy or sell in cases of
disputes. To sell any part of my real estate except the tract of land I live on. To divide with any person I may hold a joint or undivided interest with.
I sold some lands as joint tenant or tenant in common with my brother Mark Hardin. In some we have a common title, in some he holds the title, in some
I hold it. I authorise him to sell & convey my interest in such tracts when he sells and conveys his own. He may settle adjust or compromise any disputes in said land.

I give to my sister Sarah McHenry during her natural life free from the control of her husband the use or services of my negro woman Phoebe now in her possession. If
Phoebe should die in the lifetime of my sister McHenry, I then give to her during her natural life the use or services of the oldest female child of Phoebe which may be
in her possession at my death.

I revoke all wills by me heretofore made.

In testimony that this writing of six pages with a few erasures and cinfertemations noted in the margin is my last will & testament and wholly written by myself at Locust
Hill June 26th 1823. I set my name hereunto.

M.D. Hardin


It is my most solemn wish and desire that my Executrix and Executors created by the foregoing will shall not by any operation of law or in any way be the Executor

of the last will and testament of John Allen decd.

and if I possess that power in law I invest John Logan brother in law of John Alen decd. with all the powers granted me in said will, but if I do not possess the power
without uniting with my Executor and Executrix I do not wish it to be done. In testimony whereof I hereby authorise Felix Huston to set my name this 3rd day of
Oct. 1823.

M. D. Hardin

Test
James Moore
Sam Wilson

It is my wish and desire that all accounts between John Allens estate & myself be squared. I relinquish all claim to compensation as Executor and heir, and Executor,
for my services, are to take the book as they now stand without any claims against me according to the understanding between myself and the commissioners last
gave into whose hands I put my books, but who did not report ---- payment made since that time predicated upton that settlement is to be accountted for and no other.

M. D. Hardin

Teste
Leander J. Sharp
Sam Wilson
Felix Huston

(no probate listed)

Submitted by:  Michelle Woodham
[email protected]


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