Peter DeMoss
Filed in Pendleton Co Ky. court 25 Mar 1835
I, Peter DeMoss, of the County of Pendleton and state of KY knowing it is ordained that all men must die: and being advanced in age and of frail body through of sound mind and memory, therefore make , constitute, and appoint, and publish this my last will and Testament, hereby revoking and disannulling any and all forever wills or Testaments heretofore made by me. I will give and bequeath as follows to wit.
I give and bequeath unto my beloved son John DeMoss, and in case of his death before the Same become payable, then to his lawful children the sum of fifty dollars to be paid as hereinafter directed.
I will and bequeath unto my beloved daughter Mary Grigg, and in case of her death before the same becomes payable, then to her lawful children, the sum of forty dollars, also to be paid as hereinafter directed.
I will and bequeath unto my beloved son Charles DeMoss and in case of his death before the same is payable then to his lawful children, I give and bequeath the sum of fifty dollars to be paid as hereinafter directed.
Unto my beloved daughter Catherine Herndon, late Catharine Barker, and in case of her death before the same becomes payable, then to her lawful children the sum of sixty dollars to be paid as hereinafter directed.
I will and bequeath unto my beloved two grandchildren, the children of deceased son David DeMoss, Leander DeMoss and Mary DeMoss: and in case of the death of either of before the age of 21 years, then to the survivor, the sum of fifty dollars, payable when and as hereinafter directed-and in case both die before they arrive at the age of 21 years, then their legacy is to revert to my heirs jointly and equally, that is my children Share and Share alike. And my children's heirs shall take per stripes in case of the death of either of my children leaving heirs.
And I also give and bequeath unto my beloved daughter Sally Barker and in case of her death before the same becomes payable then to her lawful issue, the sum of twenty-five dollars to be paid when, and as hereinafter directed.
I give and bequeath unto my beloved son Lewis DeMoss and in case of his death before the same become payable to his lawful issue, the sum of thirty dollars, to be paid when, and as hereinafter directed.
I will, give and bequeath unto my beloved son with whom I have, together with my beloved wife Catharine, resided for a number of years passed & myself and my Sd wife expect to live, so long as we or either of us Survive, the plantation or tract of land upon which we now live, unto the Said Samuel DeMoss and his heirs forever, the said plantation or tract of land containing about one hundred and seventy acres lying in the County of Pendleton, KY, upon the Ohio River-together with all and Singel(?) the Appurtenances to said tract of land belonging, I give and bequeath unto my beloved son the said Samuel DeMoss and his heirs, reserving there out and there from, Should my beloved wife the mother of said Samuel Survive me, a comfortable maintenance and ample Support for my said wife, during her natural life. And it is my desire and wish that she remain with and live with my said son Samuel during her life.
And this bequest of said plantation to my said son Samuel is made with this condition and proviso anteceded: to wit, that he pay and satisfy out of his own means or own estate, within two years after and subsequent to my death, or within reasonable time after proper and legal demand made of him subsequent and after the expiration of said two years, the above pecuniary legacies contained in the above Seven Items or bequests together with 6 per cent annum interest upon each from the day of my death until paid-But a tender by Said Samuel of either or Sd legacies to those legally entitled shall discharge him from liability for interest from the time of tender thenceforward.
But it is further my will, will, and desire, that no non-compliances on the part of Said Samuel in paying. Said pecuniary legacies shall forfeit the aforesaid legacy of Sd plantation to him, or operate or effect the same otherwise, further than give an operable lien upon said land, for the payment of all and each Sd pecuniary legacies, or as a change or encumbrance upon the same until all and each are paid as aforesaid by said Samuel.
It is further my will, desire, and bequest that all of my personal property of every kind whatsoever be sold at public auction, by my executors, upon such credit as they may deem advisable and the proceeds of the sale, thereof, after first paying such debts as I may justly owe or my death necessarily may incur, equally divided among my immediate children, and in case of the death of either of them, their children per Sterpes(?), Share and Share alike, my aforesaid two grandchildren to have an equal Share. And my son Samuel to have nothing in the division of the proceeds of the Sale hereby directed. Provided nevertheless, should by beloved wife Catharine Survive me, then and in that case, all and every specie of personal property left at my death, She may see proper to select for her won personal use, or comfort, or desire, or wish to retain, for Said purposes, is expected out of and is not included in this bequest, and it not to be sold until death.
And I hereby nominate and constitute my beloved son Samuel DeMoss and my son in law, Elijah Herndon, them or either of them my executors to this my last will & Testament. Made, published, Signed & sealed this 25th day of March, A.D. 1835. And attested in my presents by the subscribing witnesses.
Signed by Peter DeMoss, witnessed by Robt. Taylor, G. C. Lightfoot & Hauser