Gerard Green 1845 Will

Date: 23 Mar 1845
Location: Harrison County, Kentucky, United States
Surname/tag: Green

Probate

This page is for the probate of Gerard Green (1759-1845)^[1]

Will Transcription

Transcription by Stephen Tomaszewicz

Gerrard Green Will

:In the name of God Amen I Gerrard

Green of the County of Harrison and State of Kentucky

being of a great age and afflicted in body, but of a

Sound mind and disposing memory *(for which I desire

to feel profoundly thankful to God) and calling to mind

the uncertainty of human life, and being desirou of

disposing of all Such Worldly estate as it hath pleased

God to bless me with. I do hereby make and ordain

this my last will and testament in the manner and

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form following that is to say Firstly after my decease as

soon as my Executor may deem most proper, I wish him

to pay all my Just debts and funeral expenses out of any

money I may leave or have on hand, at death or if there

be have or the amount be insufficient for that purpose there

I wish him to sell such and as much perishable property

as will be necessary to pay the same or and part thereof

having regard to the particular articles of property to be sold

so far as to accommodate my wife if possible. Secondly,

after the payment of my debts and funeral expenses

I wish my dear wife Virlinda the pasture of my joys and

sorrows for more than half a century to have hold and

Keep in possession for the purpose of affording her a comfort-

able support and the conveniences of life during her natural

life all my estate both real and personal not hereinafter

otherwise disposed of- Thirdly I wish my Son James

Green to have the one Seventh part of my tract of land which

I wish surrendered to him soon after my death in such a

manner and form as to include the house in which he now

resides, and so as to afford him a proper share of wood land

for fire wood and timber. The said one seventy part to be bound

as follows namely  ?o Conveniences at the north west corner

of my land near an old House formerly Occupied by

the Steens family there to new with James S Bennetts line

a southerly direction, and with James S Bennetts William

Berrietts and Covington Coleniaus Line are Easterly disec-

tion each way so far that when laid out in a Square,

oblong or other convenient shape the area may amount

to the one seventh part of my tract of land the same to be

Valued by the Commissioners appointed to lay it out the

buildings put upon the Premises by James Green not to be

considered in the Valuation of the land, the same to be held

and owned by ^the said^ James Green and his heirs forever---

: Fourthly, I wish my Daughter Mildred to live-

where she now lives during her mothers life free from rent

I wish her to have the right to use during that time as much

grain and pasture land as is on the premises Occupied

by James Green, her grain land to be the field adjoining

the land formerly Owned by John Casou deceased and as

much immediately around her dwelling House as will make

her even in this particular with James Green the Pasture

land to be equal in quantity to James Greens Pasture and to

be in the woods now un-fenced wherever her husband James

Heolliday may think it bests or most convenient to be enclosed

except that which may be within James Greens bounds.

Fifthly after my wife's decease I wish all my land

not otherwise disposed of to be subject to one of the three fol-

lowing methods of disposal namely, First to be sold as one

body or Secondly to be divided into two equal parts and each

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Part sold separately, or thirdly to be divided into six lots and

valued, One lot to William Green, One to Fielding Green-

One to George Green, One to Mildred Holliday, One to Elizabeth,

McLoney to them and to their heirs forever and one to the Heirs

of Parthena Kenney forever a majority of the above named

children Shalt determine which one of the above methods

shall be pursued if the desire of a majority Can be asseser-

tained. If it cannot be ascertained then a majority of those

who may have spoken shall determine the matter, in case

they divide it into lots the lot falling to the heirs of Parthena

must be sold and the money legally disposed of for their

benefit. All my other property I wish to be sold at public

Sale after my wife's decease upon a suitable credit-

Sixthley as I have already given to my son Lilburn property

to the value of Five Hundred and Seventy dollars which he

has had and used and disposed of; namely a negro man

named Nat at Four hundred dollars a ball faced mare at

sixty dollars a lied and bedstead at Forty dollars a cow

and calf at twenty dollars; and my resto which I have

since paid off; for Fifty dollars and as I wish to make

all my children equal as far as it depends on Me, Therefore

I wish my son Lilburn Green to have thirty dollars out

of the sale of my property and then to have no more

Until all the others have had money as property to the

value of Six Hundred Dollars of the value of my land

and other property when valued , should make That amount

to the Heir there being seven Shares leaving out Lilburn

until the others are made even with him but if there be

an over plus after each one has received Six Hundred

dollars or its value in property; then Lilburn is to have

one eight part of such overplus; In making up the

amount of my estate before division the value of that

paid bequeathed to James Green is to be take unto consid-

eration which must added to the selling or appraised value

of all the balance of the estate and the whole amount then

to be divided by seven; If the appraised value of James

Greens Seventh Part of my land be more than his Share

of all the whole value of all the estate he is to pay the

amount more than his share back to the estate but if his

be less in value than his equal share of the while value

of all the property including the land bequeathed to him then

he is to be made even with the other's. Lastly I do Constitute

and appoint my Son James Green Executor of this my

last will and testament, to act for his mother during her

life and to carry into effect after her death all my wish

as expressed in the forging lives in Testimony whereof I have Hereunto

Set my hand and affixed my seal securely

third day of March in the year One thousand Eight Hundred and Forty Five.

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Signed Sealed published and declared as far the last will and testament of the above named Gerrard Green in pressence of us Gerard Green (seal) Burell N Carter Jacob Rinneckar

State of Kentucky Harrison County I Set August ? 1845

Sources

1. ↑ Probate: "Kentucky, U.S., Wills and Probate Records, 1774-1989". Kentucky Records; Author: Ardery, Julia Hoge Spencer, B. 1889; Probate Place: Kentucky. Ancestry Sharing Link - Ancestry Record 9066 #541225 (accessed 19 March 2022). Gerard Green probate on 23 Mar 1845.