WILL OF MARTIN WALE:
RECORDED IN BRECKINRIDGE COUNTY WILL BOOK, PAGE 173 MAY TERM 1850
KNOW ALL MEN BY THESE PRESENTS, THAT, I MARTIN WALE OF BRECKINRIDGE COUNTY AND STATE OF KENTUCKY, BEING FEEBLE IN BODY BUT OF SOUND MIND AND DISPOSING MEMORY AND KNOWING THE UNCERTAINTY OF LIKFE AND THE CERTAINTY OF DEATH AND BEING DESIROUS TO DISPOSE OF ALL SUCH WORLDLY ESTATE AS IT HAS PLEASED GOD TO BLESS ME WITH, DO HEREBY MAKE, ORDAIN AND PUBLISH THIS MY LAST WILL AND TESTAMENT IN THE MANNER AND FORM FOLLOWING, HEREBY REVOKING ALL WILLS OR TESTAMENTS OF ANY OTHTER DATE TO THIS.
ITEM 1ST...IT IS MY WILL AND DESIRE THAT MY EXECUTORS HEREAFTER NAMED, SELL ENOUGH OF THE PERSONAL PART OF MY PROPERTY IMMEDIATELY AFTER MY DEATH, TO PAY MY JUST DEBTS AND LEGAL LIABILITIES TOGETHER WITH MY FUNERAL EXPENSES.
ITEM 2ND...I GIVE AND BEQUEATH TO MY BELOVED WIFE NANCY WALES FOR AND DURING THE TIME OF HER NATURAL LIFE THE TRACT OF LAND ON WHICH I LIVE CONTAINING ABOUT THREE HUNDRED AND FIFTY ACRES, TO LIVE ON OR RENT OUT OR USE IN ANY MANNER SHE MAY THINK PROPER. I ALSO GIVE HER THE FOLLOWING NEGROES, CLATEN, AARON AND DICK, GRACE AND MELINDA AND HER TWO CHILDREN LUCY AND LEWIS TO HIRE OUT OR USE IN ANY WAY SHE MAY THINK PROPER. I ALSO GIVE HER ALL MY HORSES, OXEN, CATTLE, HOGS, AND SHEEP, MY LARGE WAGGON, CARRIAGE AND HARNESS FOR THE SAME, ALL THE FARMING UTENSILS, HOUSEHOLD AND KITCHEN FURNITURE AND ALL THE REST OF MY PERSONAL PROPERTY OF EVERY DESCRIPTION, EXCEPT ENOUGH TO PAY MY JUST DEBTS IF THERE SHOULD BE ANY AGAINST ME AT THE TIME OF MY DEATH. ALL OF THE ABOVE NAMED PROPERTY WILLED BY ME TO MY WIFE I WISH HER TO ENJOY AS LONG AS SHE LIVES AND AT HER DEATH I WISH THE SAME TO GO TO MY CHILDREN AS HEREAFTER NAMED.
ITEM 3RD...I HAVE GIVEN A TRACT OF LAND AND A NEGRO TO EACH ONE OF MY CHILDREN EXCEPT HENRY HARRISON WALE. TO HIM I HAVE NOT YET GIVEN ANY BUT IF I SHOULD RECOVER THE LAND I SOLD TO HENSLY RAMSEY, I GIVE AND BEQUEATH THE SAME AND THE BALANCE I OWN ADJOINING IT TO MY SON HENRY HARRISON WALE, BUT SHOULD I NOT RECOVER SAID LAND SOLD BY ME TO H. RAMSEY, THEN MY SON HENRY HARRISON WASE IS TO HAVE THE VALUE OF SAID LAND IN MONEY WHICH I ESTIMATE AT TWO DOLLARS PER ACRE.
ITEM 4TH...I GIVE AND BEQUEATH TO MY DAUGHTER ELIZABETH SHREWSBURY THE NEGRO GIRL, ELIZA WHO I LOANED TO HER AND TO MY DAUGHTER MARGARET BOARD NOW LIVING IN THE STATE OF MISSOURI, I GIVE TWO HUNDRED DOLLARS, THIS BEQUEST TO MY TWO DAUGHTERS ELIZABETH AND MARGARETT I WISH THEM TO HAVE INDEPENDENT AND EXCLUSIVE OF AN EQUAL SHARE WITH THE BALANCE OF MY CHILDREN, NOT BECAUSE I LOVE THEM MORE BUT BECAUSE THEY HAVE BEEN MORE UNFORTUNATE THAT THE BALANCE OF MY CHILDREN.
ITEM 5TH...I CANNOT MAKE A JUST ESTIMATE OF THE ADVANCEMENT TO EACH OF MY CHIKLDREN, BUT WISHING TO DO ENTIRE JUSTICE TO EVERY ONE OF THEM WITHOUT ANY PREFERENCE FOR ONE MORE THAT THAN ANOTHER, I WISH A FAIR ESTIMATE TO BE PLACED UPON THE ADVANCEMENT OF EVERY ONE THAT MAY NOW HAVE OR GET HEREAFTER FROM MY ESTATE, AND AN EQUAL DIVISION TAK PLACE AS THO I HAD DIED INTESTATE, EXCEPT THE NEGRO GIRL WILLED TO ELIZABETH SHREWSBURY AND THE TWO HUNDRED DOLLARS TO MARGARETT BOARD. I DO NOT WISH THEM TO ACCOUNT FOR THAT.
ITEM 6TH...AT THE DEATH OF MY WIFE I WISH ALL THE PROPERTY WILLED BY ME TO HER, TO BE DIVIDED BETWEEN MY CHILDREN, VIZ, ELIZABETH SHREWSBURY, ANN BRATCHER, MARGARETT BOARD, WILLIAM B. WALE, HOPKINS O. WALE, AND HENRY H. WALE, WITHOUT BEING SUBJECT TO PUBLISH SALE, IF THERE HAS TO BE ANY SALE AT ALL. I WISH IT TO BE WITH MY CHILDREN ONLY, AND NO BODY ELSE TO BID AND I WISH MY EXECUTORS TO GIVE THEM ALL NOTICE AND THAT THEY OR THEIR LEGAL REPRESENTATIVES ARE PRESENT WHEN A DIVISION TAKES PLACE.
ITEM 7TH...I DO HEREBY CONSTITUTE AND APPOINT MY TWO SONS HOPKINS O. WALE AND HENRY H. WALE EXECUTORS OF THIS MY LAST WILL AND TESTAMENT.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS 25TH DAY OF FEBRUARY 1847
...SIGNED, SEALED AND ACKNOWLEDGED IN THE PRESENCE OF:
ATTEST...ROBERT PAYNE;
ATTEST...ELIHU MAYSEY
MARTIN WALE (SEAL)
MAY 20TH , 1850...ABOVE WILL EXHIBITED IN COURT AND DULY PROVED
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