Richard Southgate
 

Will Book C, page 200, 27 June 1857, Recorded 28 July 1857

I, Richard Southgate, of the city of Newport, County of Campbell and Commonwealth of Kentucky, do make, ordain and publish this my last Will and Testament.

First, after the payment of my just debts, I do desire that all the rest, residue and remainder of my estate, of whatsoever name and description in law and in equity and whether real, personal or mixed and where so ever situated whether in the State of Ohio or in the Commonwealth of Kentucky, or elsewhere, may be divided equally among my children, and the lineal heirs of such of my children as have departed or my depart this life, prior to the taking effect, hereof, except as may be hereafter excepted.  The personal estate, stocks, bonds and other choices in action to be managed and controlled by my executors, exercising their soundest discretion as to the sale and collection thereof and when converted into money to invest the proceeds in good ground rents in the City of Cincinnati, for the benefit of the parties entitled thereto.  But it is my express wish that said personals shall not be sacrificed by precipitant or hasty sales or collections and more particularly that said stocks shall be returned by them and the dividends, profits and interests arising there from shall be used in paying taxes on my estate.  All just debts and demands against me, I direct to be paid out of my personal estate.  I desire no appraisement or inventory be made of my personal estate, but wish a schedule of the same to be furnished by my executors to my Legatees.

Second, the real estate in the Commonwealth of Kentucky and the State of Ohio shall be divided in the manner and on the principle hereinafter stated.  Having heretofore made advancements to my several children in the way of money, land & etc. some of whom still hold all or portions of the lands and town lots, I hereby rectify, confirm and assure the title to said land & to such of my said children as still hold the same and declare that such advancements are to be held and treated as exactly equal in value, and hereby forgive and forego all claim against any of them or their heirs on account of such advancements, and all other claims that my grow out of the same in my favor, provided that they or their heirs shall acquiesce in the terms and provision of this Will.

That is to say, I do appoint Thomas D Kennedy, James T Berry, James O Hinde, Charles Murnan and William Ernst for the property in Kentucky and Griffin Taylor, Reuben B Springer, K Yardley, E S Hernes and Lewis Whiteman for Ohio, or any three of them (those of them that my act may fill any vacancy in their number which may occur from death, declination, resignation or otherwise.  If they all refuse or neglect, then the proper Court of the proper County, having jurisdiction as such matters, may appoint trustees to discharge the duties thereby created) to act as trustees for the valuation, division and partition of said real estate to proceed as soon as convenient, not exceeding four months after my decease, to appraise and value the whole of said real estate, suitable sizes, such of my real estate as lies in a convenient position and will be benefited thereby, and whereby they will be facilitated in the partition and division of my said estate.

And, I do further direct that in making the partition and division aforesaid the said Trustees shall proceed within the period aforesaid or at some reasonable period thereafter, not exceeding in all four months after the said period first named, to value separately in convenient parcels, the whole of my said real estate wherever situated so as that the entire shares shall be equal in value, my entire estate to be divided in six equal parts.  Said Trustees shall make their report In writing, duly signed and shall attest each map and subdivision by their respective signatures which shall with their said report, be filed in the proper court aforesaid, of the respective Counties wherein the property may be situated, and their said report, subdivision and appraisement and other proceedings shall be final and fully binding among my said children and legatees both as to the amount of their respective shares and the value and particular description of the property so partitioned.

I give and bequeath one undivided sixth part of all the real estate in the Cities of Cincinnati and Fulton in the County of Hamilton, State of Ohio, of which I shall be seized, or legally or equitably entitled to at the period of my death, to my daughter Frances Mary Parker, late widow of John N Taliaferro, and now the wife of John S Parker, to be held by her to her own separate and exclusive independent from the exercise or control of her present or any future husband, and for and during her natural life. I hereby invest my said daughter, Frances Mary Parker, with power in her own name, irrespective of the control or influence of her present or any future husband to devise or dispose of, by last Will and, Testament, the entire sixth part of my real estate in said Cities of Cincinnati and Fulton herein devised to her, to any person or persons as are lineally descended from me, and none other, whom in her discretion she shall select. Should my said daughter die without disposing of by last Will the real estate herein described and devised to her for sixth part of my real estate in Cincinnati and Fulton, at the death of my said daughter, Frances Mary Parker, go and become vested in the children of my said daughter by her marriage with John N Taliaferro, viz: Henry Lush Taliaferro, Julia Maria Taliaferro and William Southgate Taliaferro, their heirs and assigns forever.

Should any of said children last named die unmarried and without issue, their vested interest of my deceased grand child shall go to his or her grandchildren.  If any of the person or persons having the right to purchase as lessee or lessees in any of the estates herein devised, shall do so then then the proceeds of such sale or sales purchase or purchases shall be invested by my executor or executors in the purchase of other productive real estate in the City of Cincinnati, said real estate so purchased to be held by said Frances and her children aforesaid or her devisee or devisees subject Provisions of the devise herein for which said property thus purchased by my executors is a substitute, it being my intention that the property thus purchased by my executors to the amount of one equa1 undivided sixth part of all of my real estate in Cincinnati or Fulton shall be held by my said daughter Frances as provided for in this will, subject to the same right of disposition by my said daughters by last Will and Testament to my lineal descendants and in the event of the death of my said daughter without a will, then to go to her children, in manner and form subject to the same conditions as is provided for and directed by me in the first part of this Will as to the said sixth part of my real estate in Cincinnati and Fulton.

In the event of any such purchase by and lessee or lessees of any part of the property herein devised my executor or executors, or the survivor of them, are hereby authorized and invested with the power to make a conveyance of the ground to the person or persons so purchasing and, on the written order and direction of said Frances to receive the money, as to so much of the property as is devised to her, and to make such investment in other real estate as she, said Frances, shall direct, to be held as herein before, directed, free from the control of her present or any future husband, and said conveyance to be taken as to protect my said daughter and her three children herein named from any claim by her present husband or any future husband of being tenant by the courtest or otherwise.

I also bequeath in addition to the realty herein before specified on equal undivided sixth part in serrally? of all my personal estate of any description of which I may possess or have a claim to at the period of my death, consisting of money, stocks, notes, bonds or other evidence of with and property to may said daughter Frances Mary Parker, for her whole and separate use independent of the control of her husband, John T Parker, or any future husband, with the full power to my said daughter, to dispose of said personal estate and the profits thereof by last Will and testament; as my said daughter may devise, and should she die without disposing of the same by last Will, all of such personal estate viz; one sixth of all that I die possessed with, the profits, interest and increase, shall to to Henry Lush Taliaferro, Julia Maria Taliaferro and William Southgate Taliaferro, their heirs and assigns forever.

Should any of the last three mentioned persons die without issue and unmarried, their portion is to go to the survivor or survivors.  My daughter Frances Mary Parker shall only in the event of disposing of the personal estate bequeathed and devised herein to her shall be restricted in such bequest to one of the lineal descendents.  I hereby give and bequeath to my daughter Frances Mary Parker an equal sixth part of all my real estate in the State of Kentucky to be held by her to her own sole, separate and exclusive use, during her natural life free from the control of her present husband, or any future husband, but I empower my said daughter to dispose of the said real estate by last Will and Testament to any of my lineal descendants that she may select but to no other reason.

In the event of the death of said daughter Frances without disposing of the real estate in Kentucky thus bequeaths to her, said equal sixth part of said real estate in Kentucky (which includes and is intended to include all I may die seized of) shall at the death of my said daughter Frances become invested and to to the children of said Frances. viz: Henry Lush Taliaferro, Julia Maria Taliaferro and William Southgate Taliaferro, their heirs and assigns forever, but should either of said last mentioned children die without issue, then their part to go to the survivor or survivors.  I hereby authorize and empower my said daughter to dispose of and sell as she think proper any part of the equal sixth part of my real estate in Kentucky on such terms as she may deem best and to receive the proceeds same, to be invested by her and under her control in productive real estate in Cincinnati, which property thus purchased if for the sole and separate use of my said daughter, Frances, free from the control of her husband or any other future husband and from all right of said husband to control the same or the rents thereof for the natural life of my said daughter Frances, with full power of disposition by her by last Will and Testament to devise the same to any of my lineal descendents, but should  my said daughter Frances die without disposing of said Cincinnati property thus purchased, by her, the said property at the death of said Frances, is to vest equally in Henry Lush Taliaferro, Julia Maria Taliaferro and William Southgate Taliaferro, their heirs and assigns forever.  Should any of the three last named children die without issue, their interest in said property to go t the survivor or survivors.  It is my express wish and desire that my daughter Frances may reserve from the proceeds of sale of any of my Kentucky property, such sum or sums as she may deem proper to her own proper sole and exclusive use, free from the control of her present or any future husband.

As my daughter Mary has not received as much by way of advancement as my other children, and for the purpose of putting her on an equality with my other children, I hereby devise to Mary L Hawthorne that tract of land in Campbell County, Kentucky, known as the Snow tract, containing 315 acres more or less exclusive of the 100 acres already conveyed to her by me out of the same tract.  This tract of land to be held by my daughter Mary to her sole and separate use, free from any right of courtest of her present or any future husband, but with full, separate and complete authority on her part, to dispose of said tract of land, by deed or Will to any one of her children or any one lineally descended from me but to no other person.  If my said daughter Mary should die without making any disposition of her said land the same, at her death, shall go in equal portions to her children, the descendents of any of her children who may be then dead leaving children, these descendents taking among them the share of one of said Mary's children.  Should any of said Mary's children die unmarried and without issue, the interest of said child in said tract of land to go to its surviving brothers and sisters.

To my daughters Anne and Mary, respectively and (___) to each, I will and bequeath one sixth part of my real estate in Ohio and Kentucky thus divided to their own sole exclusive and separate us, free from the control or authority of their present or any future husbands, with power to dispose of the said real estate herein bequeathed to them, by deed or will to any one of their children or any one of my lineal descendants they may select but to no other person.  Should any one of my said daughters, above named, died without issue and without having grandchildren living at their death and without having disposed of their real estate, as herein authorized by deed or will, in the manner prescribed, then the one sixth of my entire real estate willed and bequeathed to them as above is to go equally to my surviving children, and the children of such of my children as are dead.  If any of my daughters die leaving children, and without their disposal of said real estate, as hereby authorized, the real estate of said daughter is to go to her said children and the descendants of any child of such daughter as may be dead.

If any child of my said daughters die before or after its mother, unmarried and without issue, the interest of such child in its respective mothers real estate is to go to its surviving brothers and sisters.  If any person or persons, having the right to purchase in a lessee or lessees any of the Cincinnati property and said purchase should be consummated, I hereby authorize my executors to make the necessary conveyance upon the payment of the purchase money and my executors shall lay out the proceeds of said sale in productive property in real estate in the City of Cincinnati for the benefit, sole and exclusive use of that particular daughter to whom the property purchased by the lessee was allotted in the division herein directed.  Said property thus purchased by my executors to be held by said daughter free from the control of her husband, or any future husband and from all right of courtesy of said husband and subject to all the provisions, power of disposal and limitations that the property purchased by said lessee and allotted to said daughter was and is subject in the Will, and for which the purchased property or investment by my executors is a substitute.

I hereby will and bequeath to Nathaniel B Shaler, in trust for the two children of Richard H Southgate, my deceased son, subject to all just claims I may have against their deceased Father to be asserted hereafter if necessary either individually or as a partner or in any other capacity one equal sixth part of said real estate thus divided, and in the event of the death, refusal or resignation or non acceptance of said trust by said Shaler, who is to give no security for said trust, I direct that application may be made to the Circuit Court of Campbell County for the appointment of another Trustee, who shall be required to give Bond for the performing of said trust.

I direct and desire that the said Trustee will, from the proceeds of said real estate, after paying their necessary expenses of education, living, clothing etc. reinvest the surplus annually in productive real estate in Cincinnati for the benefit of said two children, taking the Wills to himself in trust for said two children of Richard H Southgate.  Upon their arrival at age and as soon as each one arrives at age to wit, twenty one years, the said Trustee or his successor will convey and deliver one half of the real estate and one half of the accruing investments to the child so arriving at full age and so as to the other on his attaining his majority.

If one of said children should die without issue before reaching twenty one, his entire share to go to his brother.  If both die without issue, and before reaching twenty one, then the one sixth of the real estate devised to them shall go, one fifth to Frances Mary Parker, one fifth to Ann Shaler, one fifth to Mary L Hawthorne, subject to the conditions and in manner and mode as t the limitations of the devices herein before made to them, one fifth to the children of my son, William Southgate and the children of Samuel J Walker by Martha Southgate, the said Walkers children taking the interest of their mother were she living and one fifth to the children of Edward Southgate, my deceased son.  All the expenses of said trust to be borne by the said two children of my son Richard Southgate.

I give and bequeath in trust to Thomas D Kennedy and George M Southgate one sixth part of said real estate for the use and benefit of the children of William W Southgate, my deceased son, to be equally divided between them, but subject to the following restrictions, that said trustee will hold one tenth of said real estate for the use and benefit of Laura Grant during her life and at her death remainder to her children.  That said Trustee will hold one tenth of said real estate in trust for the children of Samuel J Walker by his wife Martha.  That said trustees will hold one tenth of said real estate for Adeliza Arthur, for life, remainder to her children, paying over to said Laura Grant and Adeliza Arthur the rents and profits of said real estate to their separate sole and exclusive use, the real estate herein conveyed to said Laura and Adeliza, to be free from all right of courtesy of the control of their husbands, one tenth in trust for Richard Southgate, one tenth in trust for each of the other children to be conveyed to them on their arrival at age.  The conveyance to the daughters for life, remainder to their children and to their sole and separate use.  The profits of said real estate belonging to the minor children to be reinvested for their benefit belonging to the minor children to be reinvested for their benefit after defraying the expenses of their education and support.

I give and bequeath in trust to James M Smiley and Thomas D Kennedy, one sixth of all my real and personal estate, for the use and benefit of the children of my son Edward, to be equally divided between them.  The proceeds of that portion belonging to the infant children to be invested for their benefit until they arrive at the age of twenty one when their portion shall be conveyed and delivered to them.

Should any of the children of William Southgate die without issue and unmarried, their part to go to the remaining brothers and sisters and their descendants and the children of S J Walker who will take their mothers share.  Should any of the children of Edward Southgate die unmarried and without issue their part to go to the remaining brothers and sisters and their descendants.  I desire my executors or a majority of them, to execute a conveyance of all lands sold by me, where the money has been fully paid up, to all persons entitled to received the same.  All just debts and demands against me I direct to be paid out of my personal estate hereby giving the executors full power to do so.

As a token of my esteem for them, I devise to William Arthur, the husband of my granddaughter, Deliza Arthur, all my law books together with the book cases and desks wherein said books are contained and to my grandson, Nathaniel B Shaler, son of Dr. N B and Ann Shaler, the rest and residue of my books, together with the book cases and desks wherein said books are contained.  I direct all my personal estate, bank stock, clauses in action to be divided equally among my daughters, Frances Mary Parker, Ann Shaler and Mary L Hawthorne, free from the control and all marital rights of their husbands and to their sole and separate use.  The children of Richard Southgate, the children of William Southgate and the children of Edward Southgate, the children of Richard, William and Edward taking one sixth the interest of their ancestors.

As to my homestead situate on Taylor Street in Newport, consisting of my dwelling house, out houses &c and the land thereto attached, said land commencing on Taylor Street 100 feet from Monmouth Street and running wet to Haymans line ___ feet  and back to Southgate Street as it is now called, I devise to my daughter Mary L Hawthorne.  So much thereof as is occupied by my law office, running through from Southgate to Taylor Streets and the lot which adjoins the Hayman lot I devise to my daughter Mrs. Ann Shaler and the balance of my homestead to my daughter Mrs. Frances M Parker, being that portion whereon my dwelling house & stands to be by them held and enjoyed in the same manner, subject to the same tenure and conditions as the other general bequests made by me to them and more particularly they shall hold the same free from the claim of courtesey and all other claims of their present or any future husbands, with powers to control the rents and profits thereof in their own names and for their own use, and to will or deed the same as is provided here in before with respect to the other property devised or intended to be devised to my said daughters.  But said lots herein specifically devised shall be taken and appraised by the trustees appointed by me for that purpose at their value as of the day they appraise them and so rated and charged to my said daughters in their one sixth of my estate respectively.

My gold watch now in the possession of Dr. N B Shaler, I give and devise to my grandson Nathaniel S Shaler as well as my Barometer and my clock I give and devise to my daughter Mrs. Ann Shaler.

I give and bequeath to my executors my family Bible to be by them held in trust for my daughter Mrs. Frances M Parker in the same way subject to the same conditions & as all other bequests that have been made to them for her.  My cane, with my name inscribed in the head, I return to Jacob Hawthorne from whom it was a present to me.

The legacies herein before granted, are on condition that said legatees will acquiesce therein, and be bound thereby in all things which relate to my estate, as I have herein disposed of it or intended the dispositon of it, and such of said legatees as do not acquiesce herein, and who, in the absence of this will would be entitled as heirs at law to any portion of my estate, I hereby declare shall be compelled to account to my executors for all advancements heretofore made by me whether in the way of property, money, notes or other obligations paid by me for them or their ancestors, before or since the death of such ancestors or money paid or advanced by me to them or their ancestor on any account whatever.  It being my firm determination to have no change or alteration of the manner in which I have herein ordered and directed my property to be divided and disposed of either in principle or detail.

The interest in my estates, heretofore and herein devised to my daughter, Frances, is to be held by my executors in trust, subject to be controlled and managed as herein before provided for her sole, separate and exclusive use, in manner, on the terms and according to the tenure I have named and declared and none others, excepts that they shall made all deeds.  I herby appoint my sons-in-law Doctor Nathaniel B Shaler and Jacob Hawthorne, executors of this my last will and declare that it is my express wish that they shall not be required to give any security for the discharge of these duties.

It is my wish and I enjoin it to my executors as such, that my daughter Mrs. Frances M Parker shall have, at all times, access to my books, papers, deeds &c and to generally participate in the management of my estate, as far as she can do so acting under them, consistently with her marital duties and free from the control and authority of her husband in the presises.  At my decease I direct that said Shaler and Hawthorne shall take possession of my effects, book, papers &c and the keys to my desks, safe &c and except as aforesaid shall alone control and manage the same before and after they have qualified as executors.  Hereby revoking all former will by me made.  In witness whereof I have hereunto set my hand this 27th day of June A. D. 1857 in the City of Newport, Campbell County, Kentucky.   Richard Southgate

This last will and testament was signed and published by said Richard Southgate in our presence when he acknowledged it was such and requested us to attest it as witnesses which we now do in his presence and in the presence of each other "the words" same to be "furnished by my executors to my legatees" living first interlined on the second page and the word "exactly" on same page being written on an erasure.  The words "or in any other capacity" being interlined on the twelfth page, the word "children" being interlined on the fourteenth page and the words "hereby revoking all former wills by me made" on the 20th pate also interlined.   R M Corwine, John A Lynch

The whole of the foregoing will is in the hand written of John A Lynch exception the last paragraph on page nineteen, which is in the hand writing of R M Corwine, and this is the paragraph which is erased at the bottom of the above attestation.  R M Corwine, John A Lynch

Recorded: State of Kentucky, Campbell County Court, 28th July 1857, James H Parker, Clerk