William Noel Will

Date: 25 Jan 1832 to Apr 1832
Location: Hopkins, Kentucky, United States
Surname/tag: Noel

Transcription

I William Noel of the town of Madisonville in the County of Hopkins and State of Kentucky do make ordain constitute and publish this as and for my last will and Testament here by revoking and revoking and annulling all former wills by me made.

Imprimis. All my just debts due or owing at the time of my death I require my Executor hereinafter named to pay as speedily as he can collect the debts due me and if any deficiency occurs in that fund then it is my will that he use for that purpose the money arising from the sale of my personal property herein after directed to be made or so much thereof as may be necessary.
Item. To my beloved wife Nancy Noel I give & bequeath during her natural life or widowhood my negro slaves Edmund, Betty, Betty’s two children Maria & Andrew and her choice of Dinah’s sons Henry & Joe (subject however to the modification herein after mentioned as regards the slave Maria) and a the death or intermarriage of my said wife Nancy Noel I give and bequeath all the slaves in this clause named (Maria excepted) to my children George W. Noel, Virginia B. Noel, Benjamin W. Noel and William Carey Noel to be divided equally among them if they can agree upon a division if not then I direct my Executor hereinafter named to sell said slaves & divide the proceeds of such sale among my said children namely George W, Virginia B., Benjamin W. & William Carey and it is to be understood that whatever increase the slave Betty before names may have after this time is to form a part of this bequest to my last names children & is in all respects whether with regard to division or sale to be taken as a part thereof

Item. At the death or intermarriage of my said wife I give and bequeath to my daughter Narcissa Allen Noel my aforesaid slave Maria & in case my said wife should at any time think proper to surrender to my said daughter the possession of the said slave before the happening of either of the contingencies aforesaid she is at liberty to do so and my said wife is hereby requested to surrender said slave to my said daughter whenever my said daughter shall arrive to the age of twenty one years or shall marry.

Item. I give and bequeath to my aforesaid children George W. Virginia B. Benjamin W & William Carey my slaves David, Dinah, and the son of Dinah not herein before disposed of – and if my said last named children cannot so arrange matters as to retain said slaves among them in that event it is my will that my Executor hereinafter named do sell said slaves and divide the proceeds equally among my last named children and my Executor is hereby expressly charged not to make cause or suffer any division or sale of the slaves herein before bequeathed to my said last named children to be made until my said son William Cary Noel shall arrive to the age of twenty one years and is required to hire out to the best advantage all the slaves which may by this will pass to my said last named children whether upon the contingency of my wife’s death or otherwise – for the benefit of said children until my said son William Cary Noel arrives at twenty one years of age

Item. It is my will and I hereby direct my Executor that if my said slave Maria herein before bequeathed to my daughter Narcissa Allen Noel should not upon a division of the slaves herein bequeathed or then avails divided as the case may be among my aforesaid children George W. Virginia B. Benjamin W & William Cary be equal to an equal proportion of all the slaves at the time of division herein provided for taking said Maria into the estimate that then out of the avails of the other slaves hereby bequeathed said Narcissa to be made equal in the division of the negroes with the other Devisions.

Item. I give and bequeath to my said wife Nancy Noel during her natural life or widowhood my Tavern house and its appurtenances in the Town of Madisonville aforesaid in which I now reside together with all my other town lotts and lands situate in the County of Hopkins and much of my household & Kitchen furniture as she may choose to keep she having the choice of renting it out or occupying it and at the death or intermarriage of my said wife I hereby direct and authorize & empower my Executor to sell the said Tavern house Town lotts and land and convey the same according to the title by which I hold them and the proceeds of the sale of the Tavern house and Town lotts I give and bequeath to my following named children George W. Virginia B. Benjamin W Narcissa A. and William Cary

Item. I give and bequeath to my said wife Nancy Noel during her natural life or to dispose of among my children as she pleases my wagon and one yoke of oxen my gray horse sorrel horse & sorrel mare Also four cows, one dozen hogs & six sheep to be chosen by herself Item. It is my will that all the remainder of my personal estate not herein and hereby before disposed of be sold by my Executor to the best advantage and out of the proceeds thereof pay over to James Metcalf and James W. Wilkens the sum of four hundred dollars in trust for the following purpose Viz to be by said trustees placed at interest and the interest as well as principal used by them for the benefit of my daughter Lockey H Woolfolk wife of Edward W R Woolfolk as her necessities may in their opinion from time to time require – but if my said daughter should have issue & such issue attain the age of twenty one years or marry in that case so much of said fund as will principal as interest as may remain unexpended in the hands of said trustees shall be by them paid over to such issue to whom I hereby bequeath the same – should however my said daughter not bear issue who shall arrive at mature age or marry in that even it is my will that so much of said fund (if any) as well principal as interest as shall remain unexpended in the hands of the said trustees at the death of my said daughter shall revert to my estate and be by my Executor equally divided among all my other children to whom I hereby bequeath the same and should the sale of my personal estate herein before directed to be made not be sufficient to raise the said fund of four hundred dollars for the purpose aforesaid then the deficiency is to be supplied out of the proceeds of the sale of the land herein before directed to be sold and I hereby charge the land with that contingency.

Item. I give and bequeath to my said wife Nancy Noel the sum of two hundred dollars to be by her expended in completing the education of my three youngest children namely Narcissa A. Benjamin W & William Carey Noel

Item. I give & bequeath to my Grand son William H. Noel when he arrives at twenty one years of age the sum of three hundred dollars & a good bed and furniture.

Item. I give and bequeath to each of my children when they respectively arrive to the age of twenty one years or marry a good bed & furniture

Whereas it is my will to divide my estate as equally as may be among all my children but find it impracticable at this time to estimate with precision the amount of the legacies herein before bequeathed to my children George W. Virginia B. Benjamin W. Narcissa A & William Carey it is my will therefore when the said legacies shall have been realized and then amount correctly ascertained if they each amount to more than four hundred dollars in that --- that so much be deducted from the legacy of each of my --- named children as will when added to the aforesaid fund set apart for the benefit of my daughter Lockey H. Woolfolk make that fund equal in amount to the respective legacies of said George W. Viriginia B. Benjamin W. Narcissa A. & William Carey Noel In this estimation my son Thomas Jefferson Noel is also to be taken into consideration and so much of the excess above supposed part over to him as will when added to four hundred dollars heretofore received by him from the estate of his grandfather Word make a sum equal to the legacy of one of my other children last above named.

Item. If the proceeds of the sale of that part of my personal estate herein before directed to be made insufficient to furnish the fund of four hundred dollars herein before set apart for the benefit of my daughter Lockey H. Woolfolk I hereby direct the deficiency to be supplied from the hire of the slaves herein before directed to be hired out instead of being charged on the land.

Item. If I live a short time it is my intention to purchase a slave or slaves, which slave or slaves if purchased I give and bequeath to my children George W. Virginia B Benjamin W & William Cary Noel under the same conditions limitations and restrictiions in every respect as are herein before expressed as to the slaves David Dinah & Dinah’s son bequeathed to my said children.

Item. As my son William Carey is a cripple it is my wish and I hereby enjoin it on my wife to give him a liberal education and when Benjamin completes his education and arrives to seventeen years of age I wish him bound apprentice to learn such a trade as my said wife may elect.
I hereby nominate constitute and appoint my son George W Noel whole and sole Executor of this my last will and Testament with full and ample powers to carry the same into full effect. In Witness whereof I have hereunto subscribed my name and affixed my seal the 25th day of January 1832. Wm Noel

Signed sealed published &
declared in presence of
Jas Metcalf
Jas Bishop
Sam Woodson
Kentucky
Hopkins County

Sct April County Court 1832
This Instrument of writing was this day produced in Court & proven to be the last will & testament of William Noel dec’d by the oaths of James Metcalf & James Bishop subscribing witnesses thereto and ordered to be recorded as such Whereupon the same is recorded accordingly
Att Sam Woodson clk
Hopkins county Court

Source

1832 William Noel Will. Kentucky, Hopkins County, Will Book 3, pp. 154-158 County Court. 25 January 1832, digital images 264-266 of 661, FamilySearch ([1]: accessed 20 January 2022)