Benjamin Moberly Will

In the name of God Amen, I Benjamin Moberly Senior of the County of Madison and State of Kentucky being of sound mind and memory and calling to mind the uncertainty of life and the certainty of death make ordain & declare this to be my last will and testament.

After death I will and desire that my body be buried in a plain decent manner and of my worldly goods they are to be disposed of in the following manner viz I give and bequeath to my two sons Ephraim & Simeon Moberly and my son-in-law Wm Covington three hundred dollars in trust for the use and benefit of my beloved wife Lavina Moberly during her natural life and should any part thereof be unexpended at the time of her death it is my will and desire that it be equally divided amongst all my children except Jason.  I give and bequeath to my two sons Ephraim & Simeon Moberly and my son-in-law Wm Covington five hundred dollars in trust for the use and benefit of my son Jason Moberly during his natural life and should any part remain unexpended at the time of his death it is be equally divided among all my children and where as my son Jason has at this time money notes for money and stock I consider it his ?? and no part of my estate and it is further my will and desire that the tract of land that I now live on be sold to the highest bidder at one years credit and the money arising there from be equally divided between my son Ephraim Moberly Daughter Edith Covington & Daughter Betsy Quinn.

Unless the sale of the land exceeds twelve hundred dollars if so the balance to be equally divided amongst all my children and whereas I have given lands to my sons Benjamin, Simeon, John and Alfred Moberly.  Benjamin and Simeon about equal and Alfred's worth two hundred and fifty dollars more than John it is further my will and desire that all my negroes be sold to the highest bidder at one years credit none to purchase but my children or their legal representatives and it is further my will and desire that all of the residue of my estate whether real or personal be sold to the highest bidder at one years credit and that the money arising from the sale of negroes and personal estate after paying my just debts and legatees above devised be divided as follows viz one seventh part of each of my sons Ephraim Moberly, Benjamin Moberly and Simeon Moberly and Daughter Edith Covington and Betsey Quinn and to my son John Moberly one seventh part and two hundred and fifty dollars out of Alfred Moberlys part and to my son Alfred Moberly one seventh part out of which the said Alfred Moberly must pay John Moberly two hundred and fifty dollars.  It is further my will and desire and it is hereby strictly enjoined on my said children that if unfortunately any difficulty should arise as to any part of this will they are not to go to law but to refer it to Major Squire Turner and Wm Goodloe and if both of them cannot be had the one that can be had is to call in whomsoever he may think proper and their decision is to be final. I do hereby constitute and appoint my sons Ephraim and Simeon Moberly and my son-in-law Wm Covington executors to this my last will and testament in testimony whereof I have set my hand and seal this twenty fifth of January in the year of our lord one thousand eight hundred and thirty seven.

Signed Benjamin Moberly

Test:

Amos Ellison

George Ballew

A of Cooper

State of Kentucky Madison County I David ? Clerk of the court for the county aforesaid do certify that at a county court held for Madison County on Monday the 1st day of October 1838  This instrument of writing was produced in open court and proven to be the last will and testament of Benjamin Moberly decd by the oaths of Amos Ellison be open ? thereto which was ordered to be recorded and the same has been done accordingly.