William Oglesby Will
Submitted by Beverly Park Peavler
Surnames:
Children: Oglesby, Wilcox, Ellis, Carter, Ashby
Witnesses: Maddox, Smyser
From Oldham County Will Book 1, written 26 November 1823
I William Oglesby do make this my last will and testament in
manner and
form following that is to say:
1st I give and bequeath unto my two daughters to wit Nancy
Oglesby and
Eliza Oglesby two hundred and thirty acres of land lying in the
County of
Shelby and State of Kentucky it being the tract of land whereon I
now live,
beginning in Eakins old line and running northward so as to
include my
mansion house with other necessary buildings. Also I give each of
them one
bed and furniture, one horse, saddle and bridle and one cow and
calf such
as I have given my daughters who have left me. All of said
property I give
to them and their heirs forever.
2ndly I give and bequeath unto my three sons to wit Ellis
Oglesby, Joshua
Oglesby and Joseph Oglesby my three negro men namely Daniel,
Aaron and
James to be equally divided between them, the said negroes to be
appraised
by appraisers appointed by the county court and to my son Ellis I
give one
bed and furniture such as my other children have received from
me.
3rdly I desire that my negro man Jacob be free after he pays to
my executor
the sum of four hundred dollars in current ... paper of Kentucky;
also I
desire that my negro woman Alsey [?] be free that is she is to be
at
liberty to live with any of my children that she may choose, and
if at any
time she should be dissatisfied, she is at liberty to remove to
any other
of my children but I do not wish her to leave my family.
4thly I give and bequeath unto my three daughters namely Lucy
Wilcox,
Elizabeth Ellis and Patsey Carter and the children of my daughter
Edy Ashby
deceased to wit Lucy Ashby, William Ashby, Joshua Ashby, Moriah
Ashby and
Benjamin Ashby all of my tract of land whereon I now live not
before willed
or given to be equally divided in the following manner, to be
divided in
four equal parts giving to my daughter Lucy Wilcox one fourth, to
my
daughter Elizabeth Ellis one fourth, to my daughter Patsey Carter
one
fourth, and to my grandchildren, the children of my daughter Edy
Ashby dec.
one fourth, and should either of the children of my daughter Edy
Ashby dec.
die and leave no child, then the part of that child shall be
equally
divided between the surviving children of my daughter Edy Ashby
dec. and I
do direct my executor hereafter named to retain all of the
property or
money that my grandchildren may inherit from me in their hands
until they
shall become of age or marry; and it is my desire that Landen
Ashby shall
have nothing to do with any part of my estate which I will to his
children.
5thly I desire my executor to make sale of all the balance of my
estate not
before given, giving a reasonable credit and the money arising
from such
sale, with all money due me shall be divided in the following
manner ... if
the land given to my three daughters to wit Lucy Wilcox,
Elizabeth Oglesby
Ellis and Patsey Carter and the children of my daughter Edy Ashby
should
not be appraised to as much as each of my three sons gets, then
in that
case they are to have as much of said money, as will make them
equal to one
of my sons allowing the children of daughter Edy only what she
would have
been entitled to had she of lived, and the balance of the money,
should
there be any in the hands of my executors, I wish it to be
equally divided
between all my children considering the children of my daughter
Edy
entitled to one share only, that is what their mother would have
been
entitled to had she of lived. I wish it expressly understood that
if there
should not be money in the hands of my executors to make my
daughters and
the children of my daughter Edy equal with my three sons without
specific
legacies contained in this will in that case my three daughters
to wit Lucy
Wilcox, Elizabeth Ellis and Patsey Carter and the children of my
daughter
Edy Ashby shall not interfere with what I have given to any other
of my
children; and as to the waggon that is now on my farm it is not
my property
but the property of my son Ellis Oglesby.
6thly If any of my sons before named should die before the
division of my
estate, and should not particularly dispose of the negro which
may fall to
them in the division, then in that case either of my sons that
may be
living may pay to the children or heirs of the deceased the
amount of what
the negro may be appraised to, and take the said negro.
7thly All the legacies given in this will is given to the persons
named to
them and theirs forever.
And lastly I do hereby constitute and appoint my son Ellis
Oglesby and my
brother Jesse [?] Oglesby executors to this my last will and
testament
hereby revoking all other wills or testaments by me heretofore
made. In
witness whereof I have hereunto set my hand and affixed my seal
this twenty
sixth day of Nov. one thousand eight hundred and twenty three.
Wm Oglesby (seal)
Signed in presence of
Stephan H. Maddox
Michael Smyser [?]
P.S. If I should die of my present illness my property is to be
kept
together until the first day of Nov. next.