John Waller Will

Date: 8 Jun 1820 to 19 Aug 1822
Location: Union, Kentucky, United States
Surname/tag: Waller, Robb, Cather

Source

• 1820-1822 John Waller Will. Kentucky, Union County, Will Book A, pp. 97-98, County Court. Digital images 134 of 363, FamilySearch ([1]: accessed 8 May 2021)

Transcription

Waller, John Will
I John Waller of the County of Union and State of Kentucky being now upwards of Eighty years of age my Body becoming feble but my mind yet retaining its faculties. Knowing from the course of Human nature that I must in some short period be called by my God from this ????. I confidently hope and trust a better world have thought fit to make this my last will and testament and to dispose of my Estate in this following manner towit, Impr??g my soul I commit to God who gave it trusting through the ???s suffering and ???ass?? of my sorrow Jesus Christ that He will take it unto everlasting happiness. Item- my will and desire is that all my just debts be paid by my Executors to be herein after named. Item- my will and desiring that should my affectionate and beloved wife Mary Waller survive me that she shall have and possess during the term of her natural life my negro woman Dinah and her son Abram and the negro girl Nancy together with the houses garden and half of the profits of the plantation and the one third part of the house furniture and one third of the stock if she wishes to keep that much Item- I will to my son Thomas Waller one thousand dollars in addition to what I may have heretofore given him to be paid to him as herein after directed Item- I will to my daughter Nancy Cather one thousand dollars in addition to what I may have heretoafter given to her as her ??? bond to be paid to her as herein after directed.
Item- I will to the Children of my deceased daughter Polly Webb four hundred dollars in addition to what I have heretofore given to them as to their father or Mother to be paid to them as herein after directed Item- I will to my daughter Lydia Robb one thousand dollars in addition to what I have heretofore given to her or to her husband to be paid to her as herein after directed Item- I will to my son Demsey Waller one thousand Dollars in addition to what I have heretofore given him to be paid to him as here after directed
Item- I give and Bequeath to my daughter Elizabeth Robb Eight hundred and fifty Dollars in addition to what I may heretofore have advanced to her or to her husband to be paid to her as herein after directed Item- I give and bequeath to my son Aaron Waller Eight hundred and fifty dollars in addition to what I may heretofore have given him to be paid to him as herein after directed Item- To David McClure Jr who married my daughter Marrissy and she with her child having died I will nothing except what I actually advanced and conveyed to him as there in the lifetime of my said daughter Item- my will and desire is that my Executors to be herein after named as the survivor of them do in convenient and reasonable time after my death proceed to advertise and sell to the highest Bidder on a credit of twelve months all the slaves and personal property I may di??ed and possessed of excepting the slaves willed to my wife t??y bonds and good security for the purchase money which money when collected is to be applied by them to the payment of the named legacy and to be paid to the person to whose such is willed or to the hiring a representatives of such Legatees and to be paid proportionably to the respective named legacy and that my Executors during the natural life of my said wife annually sell in the manner above p??ed out the surplus produce of the farm after going to my said wife the profits willed her and divide the money arising from such sale as above directed Item- my will and desire that upon the decease of my said wife in case she survives me or in case she survives the sale of the slaves & above mentioned that my Executors sell or the ??? and co???ong and credit above po??? Out the slaves and personal property willed to her during her life Also the plantation and all the land of which I shall ?? Sized And upon the receipt of the ??? money that my said Executors or the survivor Convey the lands to the purchaser or purchasers which power I do hereby devise and Bequeath to them or their survivors of them- And my will and desire is that should my wife die before I do or before the first sale taking place that my lands and the slaves & property herein mentioned may be all sold at one time if my Executors should think proper to do so- Or if my said wife shall give them her consent thereto in writing the sale may then be made of the Estate reserved for her Item- my will & desire is that the named Legacy herein before mentioned be paid out of the money arising from the sale of my Estate if there should be a sum raised therefrom sufficient to pay the same if there should not be money Enough raised therefrom to pay off the whole amount of each legacy then they are to be paid proportionably Item- my will and desire is that should there be more money raised from the sale of the whole of my Estate than will pay off the said named legacy that such excess or surplus be equally divided among my Children Thomas Waller Nancy Cather Lydia Robb John Waller Demsey Waller Elizabeth Robb and Aaron Waller
I do hereby constitute and appoint my sons Thomas Waller and Aaron Waller Executors of this my last will and testament In witness whereof I have hereunto set my hand and affixed my seal this 8th day of June in the year of our Lord 1820
John Waller
Signed, sealed executed and
pronounced in presence of
the subscribing witnesses
Sam Casey
John Casey
At a County Court began and held for Union County at the Courthouse in Morganfield on Monday the 15th day of April 1822 this last will and testament of John Waller deceased was produced in Court and proved as such by the oath of John Casey on of the subscribing witnesses thereto and thereupon ordered to be certified And at County Court began and held for Union County at the Courthouse in Morganfield on Monday the 19th day of August 1822 the same was in like manner fully proven by the oath of Samuel Casey the other subscribing witness thereto and thereupon Ordered to be recorded.
Attest Sam Casey Clk