William
Walton Cobb
Last
Will & Testament
Green
County, Kentucky
1839
Will
of William Walton Cobb, 6 September 1839.
In
the name of God Amen-I William W. Cobb of the State of Kentucky and County
of
Green being in a low state of health and weak in body but of disposing
mind
and memory and calling to mind my mortality do make, constitute and
ordain this my last will and
testament hereby revoking and disanulling all
wills by me heretofore made and
first of all when it shall please God to
remove me from this world by death
I commend my body to the earth from whence
it
came to be buried in decent Christian manner at the discretion of my
friends and my soul to God who gave
it and as regards the substance wherewith
it
hath pleased God to bless me it is my will and desire that it shall be
disposed of as follows
(towit)
First. At my death, it is my desire that all my
just debts if any; shall be
paid
& funeral expenses.
Second, it is my will and desire
that my children Sarah Cobb, Thomas W. Cobb
and
Mary Sophia Cobb, have and enjoy the following named slaves (towit)
Fanny, Harriet, Anne and Mariah
Jane and their increase, also Henry, also
$900.00 In cash, the above property
and money to be equally divided among
them. They are also to have in equal share of
the other property over and
above the above named money and
property.
Third, it is my will and desire
that my daughter Margaret Smith have and
enjoy the property which I have
heretofore given her towit, a Negro girl
named Peggy at $200.00, bed at
$30.00, a horse at $30.00, a cow & calf at
$10.00, sow and pigs at $5.00 and
kitchen furniture at $5.00 and an equal
share of my other property. Fourth, it is my desire that my daughter
Tarusa
Anne
Ship retain the Negro boy which I have given her at $251.00 also a bed
at
$30.00, horse at $30.00, a cow and calf at $10.00, a sow and pigs at $5.00
also
kitchen furniture at $5.00, also an equal share of my other
property.
Fifth, it is my desire that my
daughter Behathaland Jane Brown shall retain
the
two horses which I have given her at $70.00 for the two, also a bed at
$30.00, cow and calf at $10.00, a
sow and pigs at $5.00 and kitchen furniture
at
$5.00 also she is to have an equal share of my other
property.
Sixth, it is my desire that my son
George Cobb retain the horse which I have
given him at $45.00, also that he
is to have $100.00 and all my wearing
apparel at my death which $100.00
and the wearing apparel is to be charged to
him but is intended as a consideration for
his tender treatment towards me
during my sickness, he is also to
have an equal share of my other property.
Seventh, it my desire that my
daughter Frances Catherine Gardner retain the
property which I have given her and
which she has in possession at $100.50
also
at my death one dollar in full of all my estate. provided if said
Frances and her husband William
Gardner shall during my life come forward and
give
me full satisfaction for their undutiful conduct towards me then in that
case
said Frances is to have an equal share of my other property, but not
otherwise.
Eighth it is my will and desire
that at my death the whole of my estate not
herein otherwise disposed of real
personal and misc. shall be sold by my
Executor herein after named and
that the proceeds thereof, after the payments
of
all debts charges & funeral expenses, shall be so divided that each of my
children shall have an equal share
of my whole estate, taking into
consideration what they have
already had as above stated ________ and
excepting that my three children
Sarah Anne, Thomas W. and Mary Sophia are to
have
all the property and money which I have given them in the second item
above, without being chargeable
_______, also that George Cobb is not in the
division to be charged with the
$100.00 and my wearing apparel as stated in
6th
item above. And with the exception
of Frances as above.
Ninth, it is my desire and I wish
it so understood that all the estate above
willed to all my daughters be
entailed that it is willed to them, and their
children that now are or which may
hereafter be borne by them, but their
receipts that is the receipts of my
daughters to my Executor herein after
named, shall be good and valid for
their respective portions.
Tenth, it is my will and desire
that my friend Horatio Chandler be the sole
executor of my last will and
testament. In testimony whereof I
hereto affix
my
seal and set my hand this 15th day of July 1839
signed sealed
Wm. W. Cobb
Seal
and
delivered in presence of James C. Smith
His
Mark
John X M. Smith
George M.
Johnston
Henry H.
Shofner
Codicil
I
Wm. W. Cobb being still weak in body but through the blessing of God of
disposing mind and memory do this
day (by way of codicil) so far change the
above will by me made on the 15th
day of July last. That the seventh
item
thereof shall be corrected as
follows to wit. That an equal
portion of my
estate real personal and misc.
shall be reserved by my executor and by him
placed in the hands of my
sons-in-law Coleby Ship and John Brown or either of
them
and that they or either of them in whose hands said money shall be
placed shall annually place the
interest thereof in the hands of my daughter
Frances Catharine Gardner for the
use and benefit of her and her children and
that
the principal thereof at her death shall be equally divided among all
her
children which may then be alive.
The portion of each is to be placed in
his
or her hands or as they may respectively arrive at the age of 21 years
together with the interest which
may accrue thereon from the time of their
mothers death until they or any of
them shall arrive at the age of 21 years
or
should any child of hers marry previous to arriving at the age of 21 years
such
child shall then be entitled to receive his or her portion. In
testament whereof I hereunto affix
my seal and set my hand this sixth day of
September
1839
Signed in presence
Wm. W. Cobb
seal
James C.
Smith
George M.
Johnston
His Mark
John X M.
Smith
Kentucky Green County at a County
Court held for Green County at the
courthouse in Greensburg on the
14th day of September 1839.
This
last will and testament of Wm. W. Cobb Deed was returned into court and
proven by the oath of James C.
Smith and George M. Johnston who Subscribing
thereto to have been signed sealed
and delivered by the said Cobb as his last
will
and testament and that at the time of signing the same they believed
that
he was in his perfect mind and memory and the codicil thereto annexed
was
proven in like manner by the same witnesses and they are ordered to
record and they together with the
certificate are truly recorded in my office
given under my hand this 21st day
of September 1839
Jno Banet esq. (?)
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