In the name of God amen I James Finnie of the County of Union and State of Kentucky being infirm and advanced in age but retaining the faculties of my mind and knowing that my dissolution is drawing near and desiring to dispose of my property in my own way do make and ordain this my last will and testament in manner and form following towit In primus I bequeath my soul to Almighty God who gave it and my Body to the earth to be buried in a Christian manner at the discretion of my Executors Item I lend my wife Mary Finnie the Lot of Land Number five whereon I now live and my part of Lot Number three Containing in the whole three hundred and twenty some acres With all my personal property my Negroes Dinah Reubin Joseph Nan Jenny Ned Murry Ephraim and Masy with their increase together with my stock of Horses cattle hogs and sheep and all my house hold and kitchen furniture and farming utensils and every thing left by me after the payment of my Just Debts except such things as have been or may hereafter be disposed off [sic] by me which will be found in a Book in my Desk marked E No 5 and whatever may be Caul? and in that Book I make the same and desire that it ?? all be considered as a part of this my Will the Gifts and Charges thereon being made by myself and my will is that my said wife shall have the use and Benefit of the Estate and property above lent to her ??? th?? Of ??? and Exception for her support and for the Support raising and schooling of my six Children viz Almeda Finnie William James Finnie Melissa Finnie Thomas Lightfoot Finnie George Henry Finnie and Silas Slaughter Finnie during the ??? of her widowhood and no longer—Item I will and desire that if my wife Mary Finnie should marry after my decease in that event I lend to her a negro worth between eighty and one hundred pounds during her natural life and at her death the negro so lent with their increase if any is to be equally divided between the whole of my Children by my former and Latter wife that are being or have lawfull issue and I also give and bequeath to my wife if she should marry on Horse worth fifty Dollars and her saddle and a Bed and furniture worth fifty dollars to dispose of as she thinks proper Item I will and desire that the land I have left for a house for my wife and six children shall be a house for my daughter Judith Finnie whenever she chooses to reside with my wife and Children in her single state Item my will and desire is that all my children by my first wife receive out of my Estate one Hundred and fifty pounds each taking from each any proportion the one he and she may have heretofore received or may hereafter receive from me which will be found set down in the Book marked E No 5 made part of this will whenever any of them shall receive more than that sum they are to pay to those who may have less than that sum until it reduces their part to the right sum provided however that if so much money can be raised from the sale of my Lands lying out of the County of Union as well make up to such their d??d??d of one Hundred and fifty pounds in that case those who may have received more than that sum shall retain the surplus until the final division when they are account for the sum Item My desire is that if my wife Mary Finnie should marry or die before my son Silas? or my youngest surviving child shall arrive at the age of Eighteen years that all my perishable property shall be sold and the money arising therefrom put out at ???? the negroes with their increase in the first part of this my will lent my wife to be hired out and the plantation rented and the money arising from the hire of the negroes and the rent of the Plantation to be applied to the maintenance and and [sic] Education of my Children as so much thereof is shall be necessary Item my will is that if my wife Mary Finnie should ??? widow until such time as any of my Children by her should stand in my of assistance from her that which ????dis??? them hand shall be appraised by two Neighbours and the amount so advanced to be placed by Executors to the account of such child But not to exceed one Hundred and fifty pounds and if my wife Mary should marry or die before my son Silas or my youngest surviving child shall arrive at the age of Eighteen years I wish my Executors to make the advancement or advancements wh??? ss this Clause I have authorized my wife to make Item I will and desire that if any ??? should ?????? from the sale of my out Lands (which Daniel E Brown is empowered to sell) after ???? the purpose stated above if then should be any left I wish it put out on interest by my Executors and the interest applied by them in the Best manner they shall think right for the support of my wife and Children Item I will and desire that after marriage or Death of my wife Mary Finnie and when my son Silas my youngest child shall ??? shall arrive at the age of Eighteen years it is my desire that the land lent my wife shall be sold at twelve months credit taking Bond with good security and upon the receipt of the Purchase money I authorize my Executors to convey the same to the purchaser and it is my will and desire that when the money ??? said Land Becoming Due that a division of my Estate take place in the following manner viz that all my children by my former and recent wife shall receive one Hundred and fifty pounds each taking into consideration what they may have received But should there not be enough to make such child’s part one hundred and fifty pounds including what they had received my will then is that the Children of my present wife have the same equally divided amongst them and should there be a surplus after giving my Children by my present wife one Hundred and fifty pounds each with that said surplus shall be equally divided Between all my children by my former and present wife as their ??? ??? Begotten so that the share of each of my children including what they may ??? may have previously received will be precisely the same amount Item my will and desire is that if either of my former Children by my former wife should die without Lawful issue of their Body are ??? the ???of Inheritance that their ??? may render this my will shall Be divided the Children of my former wife and should any of my children by my present wife Die before a Division takes place and before the ??? of Inheritance leaving no Heir as above stated my will and desire is that their dividend or dividends provided for him her or they in this my will shall be equally divided among the surviving children by my last Wife Item my will and desire is that after my decease that my son in Law Daniel E. Brown of Franklin County come here to act under the power of attorney I gave to him in the year 1815 ??? the sales and conveyance of Land therein mentioned and I desire that all legal acts of said Daniel E Brown under said power which may be done before or after my decease shall Be ratified Item I hereby name ??? constitute and appoint my son in Law Josiah Williams and my son John Finnie Executors of this my last Will and testament In Witness whereof I have hereunto set my hand and affixed my seal this 28th day of September in the Year of Our Lord one thousand Eight hundred and Sixteen.
These words were before the term of Inheritance in the Tenth line of the fifth page interlined before signed Executed in presence of Sam Casey, John R. Rives, Eleanor M Casey.
James Finnie.

Mark Number 5
This is an account of what I gave my children in my Lifetime which my Will refers to I have given to Daughter Nancy Williams what is here stated To one negro Girl Mary $300
To one Bay Horse $100
To Ten head of Cattle $65
To one Bed and furniture $40
$505

I have given to my son Elijah Finnie 111 Acres of Land on Peters Creek Barron County at 8/- per acre $148
100 acres Union County $$220
To money paid to John Suter $45.90
To 36 Gallons Wiskey $18
To one Bed&c $30
To an order to Patricks store $11.66
To one Broad ax $3
To one gun $12
To on ??? $80
To Cash part for tools $24

I have given to my son John Finnie 111 Acres of land on peters Creek Barron County at 8/- per Acre $148
To one Hundred Acres Union County adjoining Elijah Finnie $220
To one Sorrel Horse $480
To money paid John Suter $45.90
To 36 gallons of whiskey $18
To one Bed &c $30
To two Cows $18
To an order to Patrick store $12.33
$578.33

I have given to my Daughter Elizabeth Brown
To one negro Girl Lucina $266.66
To one mare $70
To one Bed &c $40
To one set of Curtains $20
To one Cow and Calf $12
$408.66

I have given to my son James Finnie 111 Acres of land on peters creek Barron County at 8/- per Acre $148
To Cash $260
To one Horse $80
To one Bed &c $30
$518.00

I have given to my Daughter Judith Finnie to one mare $50
To one Negro Boy Sam $450
To one Bed and furniture $40
To one pr saddle Bag $5.50

At a County Court Began and Held for Union County on Monday the 18th day of February 1819 This Last Will and Testament of James Finnie decease was proven to be the act and deed of the said Decedant [sic] by the oaths of Samuel Casey and Eleanor M Casey two of the Subscribing Witnesses thereto and the Book marked E No 5 refered [sic] to and made part thereof was also proven to by the hand writing of said decedant by the oaths of Samuel Casey and Peter Wilberson and the said Samuel Casey further made oath that the said Will was written by himself and believed that the book marked E No 5 was the same referred to and made part of said Will and thereupon the said Book was together with the said will ordered to be recorded and considered as a part thereof
And on the motion of Josiah Williams and John Finnie the Executors therein named they having made bond and with James Morrison and Frances James their securities Executed and acknowledged Bond in the penalty of ten thousand Dollars conditioned as the law directs a certificate is granted them for obtaining a probate thereof in due form of Law
Attest James L. Casey CUCC

Sources

1816 James Finnie Will. Kentucky, Union County, County Court, Wills, Vol. A, pp. 61-64, 28 September 1816, digital image 115-117 of 363, FamilySearch.org ([1]: accessed 19 April 2023)