Will of Zacharis Head

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Will of Zacharis Head
transcribed and submitted by Kathy Reeves

In the name of God Amen: I Zacharis Head of the County of Oldham and the State of Kentucky, being of sound mind and disposing memory do make and ordain this to be my last will and testament revooking all other by me heretofor made.

First- It is my wish that all my just dept and funeral expences be paid out of the monies remaining on hand at my death or if there shall not be enough on hand then out of the first monies collected by my executor herein after appointed.

Second-It is my will that my executor should collect as speedily as my be after my death the debts that may be due to me.

Third- It is my will that my negros should remain in the Family, and for the purpose of effecting this object and at the same time to insure a fair division, It is my will that as soon as convenient after my death my exectures shall offer them for sale Publicly to those members of my Family who shall wish to purchase them but not to strangers and my grandchildren, Samuel Ellis and Zacharias Ellis shall have the privilege of bidding on such of them as they may wish and my grandson Henry McMakin, shall be represented at the sale by his guardian my son James M. Head(also my executor) is to be at liberty to buy such as he may wish, if he is willing to give more than the other members of the Family are willing to give.

Fourth- It is understood that I have heretofor given to my daughter Julia Ann and her husband John C. Mount, land valued at $2,210 and three negroes value at $750, $400 & $300 and of said property so given value in all at $3,700, my grandchildren Samuel and Zacharias Ellis and Henry McMakin in all probability unto receive no benifit and as it is my wish that my children and those who stand in their places shall receive a fair and just proportion of my estate, and as I have heretofor given to my son James M. Head about the same amount that I have given to my daughter and her husband therefor it is my will that after the payment of my debts and funeral expences and the expences of carrinng this will into effect my estate including the sale of my negroes and personel , cash and debts and also in dividing the proceeds of some land lately bought by me of Belwood which my executor is hereby declared to sale at public sale on a resonable credit and convey to the purchaser, Shall be equally divided into two parts and one part shall be to my son James M. Head his heirs executor & administrators and out of the other part then should be paid to my grand son Zacharis Ellis nine hundred and twenty five dollars and to my grandson Samuel Ellis nine hundred and twenty five dollars and to my great grandson Henry McMakin nine hundred and twenty five dollars which sum to each will make them equal to any other children of my daughter Julia Ann by John C.Mount so far as my estate is concerned.

Fifth- It is further my will that after paid Zacharias, Samuel, and Henry shall have received each the said sum of $925. Whatever is left of the part from which said sums are or may be taken shall be divided into seven equal parts of which one part shall go to Zachariah Ellis and one part shall go to Samuel Ellis, and part shall go to Henry McMakin and the other four parts shall go to my daughter Julia Ann Mount.

Sixth- It is my will that my son James M. Head shall be my executor to carry out the promises of this my last will and testament.

Seventh- It is also my will that if any of the said legates the said Samuel, Zacharias, or Henry should die without leaving issue of his body then at the death of such legate the partion herein bequethed to him shall be divided among any other legates herein named in the same manner as herein before directed or among those living and the representation of such as may have died that is to say if Samuel Ellis were to die without issue of his body the legacy I have given him shall be divided into two parts, and one part go to James M. Head and the other part to be divided into six parts one of which should go Zacharias Ellis, one to Henry McMakin if living and the other four go to Julia Ann Mount or to her children by John C.Mount. If she were dead and a similar division to be made of the legacy of Zachariah or of that to Henry McMakin. If either of them should die without issue of his body at his death.

Eighth- It will be understood that I have given to my daughter Julia Ann and her husband John C. Mount a Negro woman named Lucy who has not before been allocated to and during her intermarriage with Stephen Ellis, I also gave her and said Ellis a boy slave and her children by Ellis got this benefit of said boy. And her children by Mount got or will get the benifit of the gift of Lucy. I conceive that the provision of this will do such justices us between the children of Stephen Ellis and the children of said Mount by my daughter Julia Ann.

In testamony whereof I have hereinto set my hand and seal this 17th day of July 1854.

Witnesses present

G.W. Ray Zacharias Head [seal]

A.M.Gazley

Kentucky Oldham County Court

April turm, 1855

A paper purposing to be the last will and testament of Zacharias Head dec? was produced in court and proved to be such by the Oaths of G.M. Ray and A. M. Gazlay subscribing witness thereto and ordered to be recorded - which is done accordingly

Attest. Brent Hopkins Ck

by Wm G. Taylor D. Clk

transcribed by Kathy Reeves