Page
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I, Owen
Tapp of Franklin County, Kentucky being of sound mind and discretion and
now in good health but regarding the uncertainty of life
do
make
and publish this my last will and testament as follows, to
wit:
Item,
First the tract of land in my possession and upon which I now live known
as the Captain Robert Collins farm which is bounded on
the
North
by the lands of Alex Julian on the East by the lands of Colon Jones on the
South by the lands of White Hall and on the West by the
lands
purchased by me from A. B. Reeds, Executor and from Exum containing about
(155) One hundred and fifty five acres with the
exception
of a
small three cornered piece on the northwest corner of the tract which is
cut off from the balance by the County road known as
Hensleys
Mill
road. I give and bequeath to my daughter Anna Mayhall and her heirs forever.
In this one hundred and fifty five acres is a parcel of
land
of about
thirty two acres which descended to my three children to wit; Mrs. Hallie
White, Anna Mayhall and Ellen E. Tapp jointly and I
purchased
from
my daughter, Mrs. White, and her husband her interest therein and it is my
desire in order to carry out the provisions of this will that
my
daughter
Ellen E. Tapp convey to her sister Anna Mayhall all of her interest in said
parcel of land.
Item,
Second the tract of land purchased by me from the Executor of A. B. Reed
and conveyed to me by said executor by deed of
date
November
14th, 1864 and recorded in the Franklin County Court Clerks office in deed
Book No 8, page 152 less some eighteen acres at
the
northwest
corner which I sold and conveyed to William Reed and his wife and also the
tract of land purchased from and conveyed to me
by
Kinchem
Exum by deed of date January 2nd, 1864 recorded in the same office in deed
Book No 7, page 470 and the triangular piece
aforesaid
of about
one acre cut off from the Collins tract by the County road. I give
and bequeath to my daughter Ellen W. Tapp, but upon
the
condition
that she comply with my request as aforesaid and convey her interest in the
Collins farm to her sister Anna Mayhall and I
also
desire
specifically to my said daughter Ellen E. my parlor
organ.
Item,
Third In order to comply with what I deem to be proper to equalize my said
daughters I hereby devise to my daughter Ellen E. Tapp
from
any
personal estate after the payment of my debts and the costs of administrating
my estate the sum of ($1500) Fifteen hundred dollars.
Item
Fourth I give and bequeath to my daughter Hallie White the sum of ($200)
Two hundred dollars to be paid her from my personal
estate
which
is all that under all the circumstances I desire to leave to
her.
Item,
Fifth The balance if any of my personal estate remaining after the above
devise are satisfied I direct shall be equally divided between
my
said
two daughters Anna Mayhall and Ellen S. Tapp.
Item,
Sixth In my judgment my personal estate will be ample to comply with all
the foregoing bequest but to provide against any
contingency
that
may happen I declare it to be my purpose by this will and I so direct that
the sum of ($200) Two hundred dollars shall in any event be
paid
my daughter
Mrs. White and if there should not be enough to pay to her that sum after
paying to my daughter Ellen E. Tapp the sum of
($1500)
Fifteen hundred dollars then my said daughter Anna Mayhall and Ellen E. Tapp
shall contribute equally to make up the amount
necessary
to pay the said ($200) Two hundred dollars and if the personal estate should
fail to be sufficient to pay the ($1500) Fifteen
hundred
dollars
devises to Ellen E. Tapp then my daughter Anna Mayhall shall make up to her
the one half of the deficiency of the ($1500)
Fifteen
hundred
dollars and then the two equally make up and pay to my daughter Mrs. White
the ($200) Two hundred dollars devised to her. In
the
event
that my daughter Ellen E. Tapp should die leaving no heirs of her body or
their descendants then any of the property or estate
herein
devised
to her which shall remain undisposed of by her shall pass and go to my daughter
Anna Mayhall and the heirs of her body or their
descendants.
I hereby appoint my son-in-law R. C. Mayhall and my friend George Green
the Executors of this my will in where fidelity
and
integrity
I have full confidence. In witness to all which I have hereunto subscribed
my name this 4th day of March 1889 in the presence of
D. W.
Lindsey and T. N. Lindsey who I have requested to be subscribing witnesses
hereto.
Owen
Tapp
The
foregoing instrument was on this 4th day of March
1899
subscribed
by Owen Tapp in the presence of each of us and
we now
in his presence and in the presence of each
other
and
at his request signed our names hereto as
subscribing
witnesses
D. W.
Lindsey
T. B.
Lindsey
Codicil
For
reason satisfactory to George S. Green and myself I hereby revoke the appointment
of said Green as one of the Executors of my will and
I
hereby
appoint William Cromwell as one of the Executors of this will to act in
conjunction with A. C. Mayhall named in the body of the will as
one
of the Executors thereof. In witness I hereto affix my signature this
1st December 1890 in the presence of the undersigned
attesting
witnesses
executed and acknowledged in our presence.
Owen
Tapp
John
B. Lindsey
Sam
J. Shea
Franklin
County Court
Monday
October 5th 1891
An
instrument of writing purporting to be the last will and testament of Owen
Tapp deceased with codicil thereto attached was this day
produced
in Court
and filed and said will was proven by the oaths of D. W. Lindsey and T. N.
Lindsey the subscribing witnesses thereto and the
codicil
was
proven by the oaths of John B. Lindsey and Sam J. Shea the subscribing witnesses
thereto all of which made oath that said Owen
Tapp
signed
and acknowledged said instrument of writing to be his last will and testament
in their presence and that they subscribed the same
as
witnesses
in the presence and at the request of said testator where upon it is ordered
that said instruments of writing be and the same is
allowed
and
established as the last will and testament of said Owen Tapp deceased which
is now recorded accordingly.
N. B.
Smith, C.F.C.C. |
