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John Blue Will Transcription

Privacy Level: Open (White)
Date: 7 Feb 1840 to 19 Oct 1840
Location: Union Co., Kentucky, United Statesmap
Surnames/tags: Blue Owen
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In the name of God Amen. I John Blue of the county of Union and state of Kentucky of sound mind and memory but in bad health do and publish this my last will and testament hereby revoking all former wills made by me.
Item 1st. I will and devise to my wife Nancy Blue to hold during her natural life my homested or Farm to include three hundred acres in all and to be laid off making the road called the mail road that runs between my home farm and my other farm on which my son in law John S. Wilson resides the southern Boundary and round so as to exclud or leave out a small field adjoining William Kerney’s farm and as much more as will included by excluding his fence with the square of the field so far as will include a little bottom land adjoining the field on the south west side also to hold as above that the part of the farm on which my son in law John S. Wilson lives namely to run from the mail road described above with the line that divides the Clements tract from the Brown tract as far as the big bottom field thence with the meanders of that fence round passing the Gatten field all on the north west side of this line I give to my wife during her natural life. I also will and bequeath to my said wife to hold during her life all the black people slaves of which I die sized and possest except only those otherwise disposed of in this will hereafter and designated by their several names also my racing horse my Leviathan mare and my colt called Spartan together with all my house hold and Kitchen furniture and books.
Item 2nd. I owe and devise to my son in law John S. Wilson and to his wife Harriet Wilson my Daughter the farm on which they now live and at the death of my wife I will and devise them the said John and Harriet and their heirs forever all my land of which I die seized and possessed except only my home farm of three hundred acres as described in the devises to my wife the little field to Kerney and two lots in the town of Locust port I also will and Bequeath to the aforesaid John S. Wilson and Harriet his wife my stockholder man and the Following black people slaves namely Chapman Bobb Margaret Davvy Queen and Addy. I will and devise to my Deaughter Hellen for and during her natural life my home farm to include all the improvements on it and be laid off as is directed in the devises to my wife including three hundred acres and excluding the little Kerney field but this devise is not to be entered on untill the death of my wife Nancy Blue and at the death of my Deaughter Hellen I will and Devise the aforesaid home farm of three hundred acres to her children if any she has alive at her death and if she has no children nor child alive then and in that event I devise the same land to the surviving children of my Deaughter Harriet Wilson I will and bequeath to my said Deaughter Hellen Fifteen hundred dollars in money in addition to five hundred dollars I have heretofore given her and one mare called Polly Miller and her two colts also a choice Horse out of my stock not herein otherwise disposed of and the one third of my Genno stock and for the purpose of securing to my aforesaid Deaughter Hellen and to her children after her if any she has at the time of her death I will and bequeath to my wife Nancy Blue and to my Brother in law Austin Owen to following named Black people slaves (viz) little Jo, Robb, Nancy, Henry, Mary, and Clary but this bequest is in trust for the use and benefit of my aforesaid Deaughter Hellen during her life and for no other use or benefit whatsoever and at her death the aforesaid negroes slaves with their increase I will and bequeath to her children or child shoud she have but one at her death and if she has no child or children alive at the time of her death there and in that event I will and bequeath the same negroes and their increase to the Children of my daughter Harriet Wilson should it be necessary in the execution of the trust to withhold the possession of the aforesaid slaves the trustees hereby executed and appointed is hereby vested with full power to do so amounting with her my said daughter Hellen annually for their hire and at her death the trust hereby created to cease and determine and the slaves to pass as heretofore directed in this will without hinderance or delay from any one.
Item . . .I will and devise to my grand daughter Elizabeth Ann Wilson two Lotts in the town of Locust port I also bequeath to her One thousand dollars in money and two young negroes slaves the slaves to remain with my wife until Elizabeth Ann is twenty one years old their names is Dick an infant child called Aldy also the money to be put out at interest the interest collected annually and put out with the principal until she arives at twelve years old then the interest that has ensued and the interest ansued aferwards to be applied to paying the expence of her education at some suitable seminary of learning if it should be needed and the principal to be paid to her by my Executor when she arrives at twenty one years of age I will and Devise to William B. Kerney the little field to the extent described in the devise to my wife and my daughter Hellen I will and Bequeath to my wife and my son in law John S. Wilson to be equally divided between them my Blacksmith tools my wagons & carts and all my farming utensels of every description and oxen my horses not disposed of in this will my sheep and hogs and cattle they giving to Hellen four Cows and calves one a year until she receives four: also two thirds of my Genno stock having given one third of them to Hellen in an other part of this will and for the purpose of paying the Legacy given in this will and my just debts I direct my Executors to collect the money due me sell at public or private sale my mules and one or bother of my Jacks as they my think best surpluss grain & meat and if sold on credit or any part of it bounds or notes with ample security to be reconveyed by tham in payments as far as they will extend and and the executors discharged to that extent and should there be a surpluss as I presume then will be it is to be divided equally between my wife and two Deaughters Harriet and Hellen my Executors to have a reasonable term to put the stock of mule in order for sale and collect my debts not to exceed after my death during which time all things to remain as they are undisturbed until the can and management of my son in law John S. Wilson who in conjunction with Austin Owen I nominate constitute and appoint my Executors directing at the same time that they be permitted to qualify as such without giving any security. I will and bequeath at the death of my wife the negroes given to her in the will to my two daughters Harriet and Hellen she hellen to hold for life and no longer then to her children if any if not then to the children of my daughter Harriet Wilson my son in law John S. Wilson is to release my estate from any charge for services he has rendered me since his intermarriage in consideration of the value of the land given him and his wife being greater than the part given to my other child Hellen; our money matters stands thus as near as I recollect be holds my several notes for near six hundred dollars of which I have paid him five hundred and sixty dollars the balance between that sum and the notes I owe him and interest up to the time of payment the money named here is of old standing say six seven or perhaps eight years since and for a full licidation of this claim and for services rendered etc I give to the said John S. Wilson my Kiln of brick as it now stands to the said Wilson is to pay the workman the balance that may be due him for making burning &e and to take the contract on my part and comply with it that I have made with said workman to with Thomas Girten to lay said brick. I owe to the said John S. Wilson of a more recent date one note of about three hundred dollars and another for about fifty lifted from Wm Coleman this money he is to have as soon as convenient for him to get it.
Item. Whereas I have given my stockholder mare to John S. Wilson in the foregoing part of this will since then I have otherwise contracted said mare I now give him my interest in said mare and the colt that wont with her under said contract and whereas my mind has some what altered since the foregoing part of this will was rote as regards the sale and disposition of my mules, Gennys horses &e I now direct that if my executors should not be able to sell my mules privately by the 1st of Sept next they will then proceed to sell at public sail on a credit of one year all my mules genneys Jacks &e also my Leviathan mare and colt if she should have one also my two year colt called Spartan I also direct for my mare called Polly Miller and colt if she should have one and her two year old colt be sold and the proceeds of these to be given to my daughter Hellen all the remaining Stock of my horses to bee sold at public sale. I further direct that all of my negroes that is to say all of the work hands shall remain subject to and under the entire control of John S. Wilson for the purpose of making and securing a crop the said John S. Wilson is to keep for himself a sufficient quantity of the different kinds grain for the next years supply and shall furnish my wife Nancy Blue as mutch as she may kneed the remainder of the crop to be sold I leave it to discretionary with my Executors whether to sell the overpluss of hoggs that will bee fit to kill next fall at at public sale or to fatten the same and sell the pork I mean that my wife and John S. Wilson shall each of them bee supplyed with one years provision of pork the ballance of my stock hoggs and other stock that I have to be disposed of according to a former claus in this will I further direct that John S. Wilson is hereby authorized to make use of as maney of the hands as he may kneed in prepairing for putting his building up I here by direct that a certain boy named Henry that I have given to my daughter Hellen in a former clause of this will shall not be hired out untill he is fifteen years of age but shall remain with my wife Nancy Blue unless my said Daughter Hellen may be so settled or situated that the aforesaid trustees appointed in his behalf may think proper to give him up to hire whereas my daughter Hellen is in bad health should she dye and leave but the one child he is to have the negro slaves that I have given to his mother the said negroes were not to be removed out of the county under any circumstances whatever my wife and Executors shall have the power to control them thus for ever should my Grandson John Randolph Finly dye after his mother and before he is twenty one years old all of the property that I have given to his mother Hellen Finly shall revert back to my other grandchildren if he my said grand son shall live to the age of twenty one years he shall have no part of the legacy or dower that I have given my wife his grannd mother. It shall at the death of my wife Nancy Blue goe to my grand children that may bee living at that time I mean the children of Harriet Wilson my daughter
Item: whereas I have contracted a conditional sail of my house in town of Morganfield with the land and appurtenance attached then to to David Swope said conditional contract is now in the hands of James S. Hughes should the said Swope comply with the conditions of said contract my Executors are hereby empowered and fully authorized to convey my interest in said property to said Shrope agreeable to said contract and should said Shrope fail to comply with said contract my executors are here fully authorized to sell and convey my interest at any time after they may think proper to do so in said property.
Item: my exetors are here authorized to sell in part or all of the property left in this will to be sold at private sail or public as they may think proper to do.
Item. Whereas my Gray kil mare is now in foal by young lander I have give the chance of that colt to Austen Owen then is two half sheets of paper each containing a part of my will attached to the first sheet on which my will was commenced in testimony whereof I here unto set my hand and affix my seal this 7th day of February 1840. John Blue. Witness Austin Owen, Gibson B. Taylor
Codicil to this will It is my will and I do hereby direct that John S. Wilson be and he is hereby appointed a trustee in addition to my wife & Austin Owen to suffer in lend and control the money and property devised to my daughter Hellen and for her benefit and benefit of her child or children and I do hereby direct the fifteen hundred dollars devised to her shall not be paid to her but that the trustees shall loan out that sum on good and ample security at eight percent per ann__ and that the interest ansuing there from shall be annually applied to the benefit of or paid to my s’d daughter It is my express will and I do hereby direct that my executors & trustees shall jointly & severally have the right & power to prevent the negroes devised for her infant or benefit of her children from being removed ___ the county and farther that if she should die and only one _______ children should live to be twenty one years of age that such child is there only under this my will entitled to remove the negroes & fifteen hundred dollars aforesaid with the interest accrued thereon after his mothers death but should she have more than one child who shall arrive at twenty one years old her children are then (my wife not living) to take the property devised to their mother for life It is my will that the money devised to my grand daughter Elizabeth Ann Wilson be loaned out at eight per cent interest per anum and the interest annually to be collected & loaned all on good & ample security until she shall arrive at the age of fourteen years instead of twelve as before directed and the interest after fourteen to be applied as before directed It is also my will that all the household property & furniture & books on hand at my death shall be the absolute property of my wife to be disposed of as she pleases it is further my will that if my wife should die before my daughter Hellen that the negroes & their increase devised to my wife for life shall be equally divided between my daughters Harriet & Hellen and the half allowed to Hellen shall be taken & held by the trustees for her benefit during her life and as aforesaid and if she shall die leaving two children who shall arrive at twenty one the said half upon the two attaining twenty one the said half upon the two attaining twenty one is to vest absolutely in all her children but if one only of her children shall live to be twenty one half is to pass and vest in my daughter Harriet if alive if not in her children Witness my hand and seal this 21st day of April 1840. John Blue. Witness Saml Casey, Austin Owen.
A further codicil. Whereas that part of my land that I have given to my wife during her natural life that will fall to my daughter Hellen at the Death of my wife shall goe into the hands of the trustees appointed in a foregoing part of this will for the use and benefit of my said daughter Hellen Finly In Testimony whereof I have hereunto set my hand and seal this 14th September 1840. John Blue. Test. Austin Owen, Rawleigh C. Wilson.

At A county court held for the county of Union at the courthouse in Morganfield on Monday the 19th day of October 1840 This Last Will and Testament of John Blue Deceased was produced in court and proven as such by the oaths of Austin Owen and Gibson B Taylor the subscribing witnesses thereto The first codicil thereunto was proved by the oaths of Samuel Casey and Austin Owen the second and third codicil thereunto was proven by the oaths of Austin Owen & Raleigh C. Wilson the subscribing Witnesses to each whereupon the said Will and Codicils were by the court ordered to be recorded; and on the motion and oath of John S. Wilson and Austin Owen the Executors thereon named who executed bond in the penalty of Fifteen thousand Dollars conditioned as the law directs the will requiring (the Executors not to give security) a certificate is granted then to obtain probate thereof in due form of Law. Attest C.U.C.C.

Sources

  • 1840 John Blue Will. Kentucky, Union County, County Court, Wills, Vol. B, p. 138-144, 7 February 1840, digital image 75-78 of 570, FamilySearch.org ([1]: accessed 18 March 2023)




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