I Robert Curry being in reasonable good health and of sound mind but remembering the uncertainty of life & being desirous to dispose of all such worldly goods as I am possessed of do make and publish this my last will and testament in manner & form following (towit)
1st I will and desire that after my decease all my just debts if any shall be paid out of any money of other thing which I may own at that time.
2nd I give to my oldest Daughter Jane Eddings and to the Heirs of her body after her free from the control of her husband James Eddings to their separate use forever all of the following property (towit) Two Hundred acres of land off that part of my survey which joins to the place where James Eddings now lives to be laid off to her by running a line parallel with his line so as to include the Two Hundred acres- Also I give to her my Negrowoman Roda and her child Warren and Lewis a boy- 3rd My son Edward having died & leaving but one child as I believe whose name is Mary E, I give therefore to his daughter Mary the sum Fifty Dollars cash for the purpose of her education and it is my wish that after my decease the Court of that County where she lives to appoint for her a Guardian or Trustee in whom the title to said money shall rest for her use.
4th My son John having died also leaving one child whose name is Filorerow John. I therefore give to her the sum of fifty Dollars for purpose of educating her to vest in a trustee or Guardian to be appointed for the purpose by Court of that County where she may live at the time of my decease. It is my wish and direction that if the daughters of my sons John and Edward shall die at any time before they shall receive the benefit of the money which I give to them that then the devises to them shall lapse and the money be equally divided between my five living children or the children of such of them as may be dead.
5th My son James having been a prodigal in his expenditures and he being married and now having two children - and probably may have more – I have determined that he shall spend no more of the property which I have and being determined to give my property to his children & secure it to them. I therefore give to his two children Jane and Nancy the following property (towit) the tract of land on which my son James now lives containing Three Hundred & eleven acres and my negroes Bill and George both boys.
6th My Daughter Lucy W. having been married and now being left a widow, she may choose to marry again and if she should my desire is that the property which I give to her to be secured to her and her children. I have heretofore given to her by deed Two Hundred and five acres of land, upon which there was some improvement. I therefore shall give her no more land. I give to her my negroman Tom and Five Hundred Dollars cash to buy for her a negro girl all of which I give to her separate use and direct that she shall have the use of it all during her lifetime without the power to sell or convey and at her death then to such of her children as may be living at the time.
7th My Daughter Keziah having intermarried with Abraham Wallace it is my desire to secure to her separate use the property which I may have to give to her. I therefore give to her and her bodily heirs the following property (towit) Two Hundred acres of land one half of my old place where I now live, which includes four Hundred acres with forty poles breadth the full length of the line of the survey, which is included to make the four Hundred acres also my negrowoman Ann and her oldest child Betty and her other child Laura, and her young baby Ben.
8th My Daughter Nancy having intermarried with William Northcut now for the purpose of securing to my said Daughter the use of the property which I have to give to her free from the control of her husband, I give to her and to her bodily Heirs free from the control of her husband forever the following property (towit) Two Hundred acres of land the other half of my old place whereon I now live which I direct to be divided by her & her sister Keziah so as to be equal between them – my negrowoman named Fanny a little boy named Jack and a little boy named Doko and her sucking babe named Becca.
9th It is my will and desire that all the residue of my lands and personal property money and every other thing of value which I may possess at my decease – not already disposed of shall be either sold for money or divided between all of the above named Devises except the children of my sons John and Edward above named – who are to have nothing more than I have specifically given to them.
10th It is my will and desire that all of the lawfully begotten children of my son James which he may have shall have equal portions of the property given above to his Daughters above named Jane and Nancy and as my son James will have to raise said children – I direct that he have the use of all said property to enable him properly to raise and educate them and if all the children of my son James shall die before he does then I direct that he shall have the use of said property during his lifetime without the power of alienation or convey one & at his death if he die without children then I direct that all said property shall revert to the four Devisees mentioned above as my children or to the children of such as may be dead at the time.
11th It is my will and desire that my friend Samuel B. Wallace shall act as my Executor of this my last will and Testament and I do hereby nominate and appoint him my Executor with power to sell and convey or divide and convey all the residue of my lands which I have directed to be sold or divided according to my direction.
In testimony whereof I have hereto set my hand and affied my seal the 26th day of April 1854. Robert his X mark Curry.
Attest John Watson, Andrew Curry
I Robert Curry having heretofore made and published my last Will and testament disposing of all the property which I owned at the time both real and personal & some changes having since taken place in relation thereto do make and publish this Codicil in addition to my former will revoking the same only so far as it may be changed hereby.
1st I give to my Daughter Kesiah Wallace five Hundred Dollars in cash out of the money arising from the sale of my lands as directed – to make up to her for the death of the negrowoman which I gave to her. 2nd I give to my Grandson Robert D. H. Wallace my rifle gun worth Twenty five dollars
3rd I give to my Daughter Nancy Northcut one Hundred Dollars to make up to her for the death of negrochild which I had given to her to be paid out of my money which may belong to my estate after my death. I also give to her a strip of land off my survey adjoining to where __ Northcut now lives containing about forty acres to be laid off so as to include all of her improvements, running a strait line down the flat from one line of the survey to the other.
4th I will that all of my lands not specially devised to be sold and the proceeds arising therefrom be equally divided amongst my five living children or their heirs if any if any of them be dead or if any of my said children shall prefer to keep said lands then they may do so by paying to the rest of my said children therefor their portions at the rate of Ten Dollars per acre for the rest of the Berry survey and for the balance at the rate of Four Dollars – and my Executor is authorized to sell and convey. Said lands as fully as I can do myself.
5th I will that my black girl Betsey shall have my bed bedstead and bedding to her own use fully and entirely uncontrolled by any whatever. In testimony whereof I have signed and published and declared this will or Codicil on this 1st day of February 1855. Robert Curry.
Attest Andrew Curry, N. R. Black.
At a County Court held for Union County at the courthouse in Morganfield on Monday the 7th day of July 1856 – this Instrument of writing purporting to be the last Will and Testament & Codicil thereto of Robert Curry deceased was produced in Court and the will fully proven by the oaths of John Watson and Andrew Curry the subscribing witnesses thereto – and the Codicil fully proven by the oaths of Andrew Curry and N. R. Black the subscribing witnesses thereto and thereupon said Instrument was by the Court ordered to be recorded as the last will and testament & Codicil of Robert Curry deceased which was done accordingly. Att Tho. S. Chapman clerk
Sources
1854 Robert Curry Will. Kentucky, Union County, Probate Court, Wills, Vol. E, p. 55-57, 26 April 1854, digital image 197-199 of 462, FamilySearch.org ([1]: accessed 3 August 2023)