Page
284-287
In the
name of God amen I Gerrard Green of the County of Harrison and state of Kentucky
being of a great age and afflicted in body, but of a sound mind and disposing
memory (for which I desire
to feel
profoundly thankful to God) and Calling to mind the uncertainty of human
life, and being desirous of isposing of all such worldly estate as it hath
pleased God to bless me with, I do hereby
make and
ordain this my last will and testament in the manner and form following that
is to say:
Firstly,
after my decease as soon as my Executor may deem most proper, I wish him
to pay all my just debts and funeral expenses out of any money I may leave
or have on hand, at death or if
there be
none or the amount be insufficient for that purpose then I wish him to sell
such and as much perishable property as will be necessary to pay the same
or any part thereof having regard
to the
particular article of property to be sold so far as to accommodate my wife
if possible.
Secondly, after the payment of
my debts and funeral expenses I wish my dear wife Virlinda, the partner of
my joys and sorrows for more than half a century, to have, hold, and Keep
in possession
for the purpose of affording
her a comfortable support and the conveniences of life during her natural
life all my estate both real and personal not herein after otherwise disposed
of -
Thirdly,
I wish my son James Green to have the one seventh part of my tract of land
which I wish Surveyed to him soon after my death in such a manner and form
as to include the house which
he now resides,
and so as to afford him a proper share of wood land for fire wood and timber,
The said one seventh part to be bound as follows namely To commence at the
north west corner of
my land
near an old House formerly occupied by the Steers family there to run with
James Bennetts line a southerly direction, and with James Bennetts, William
Bennetts, and Covington Colemans
line, an
Easterly direction each way so far that when laid out in a square oblong
or other convenient shape the area may amount to the one seventh part of
my tract of land the same to be valued
by the
Commissioners appointed to lay it out the buildings put upon the premises
by James Green not to be considered in the Valuation of the land, the same
to be held and owned by the said
James Green and his heirs forever -
Fourthly,
I wish my Daughter Mildred to live where she now lives during her mother's
life free from rent I wish her to have the right to use during that time
as much grain and pasture land, as is on
the premises
occupied by James Green, her grain land to be the field adjoining the land
formerly owned by John Cason deceased, and as much immediately around her
dwelling House as will
make her
even in this particular with James Green the pasture land to be equal in
quantity to James Greens pasture and to be in the woods now unfenced, wherever
her husband James Holliday
may think
it best or most convenient to be enclosed except that which may be within
James Greens bounds
Fifthly,
after my wife's decease I wish all my land not otherwise disposed of to be
subject to one of the three following methods of disposal namely First to
be sold in one body or Secondly to be
divided
into two equal parts and each part sold separately; or thirdly to be divided
into six lots and valued, one lot to William Green, one to Fielding Green
- one to George Green, one to Mildred
Holliday,
one to Elizabeth McLoney to them and to their heirs forever & one to
the Heirs of Parthena Kenney forever a majority of the above named children
shall determine which one of the above
methods
shall be pursued if the desire of a majority can be ascertained, if it cannot
be ascertained then a majority of those who may have spoken shall determine
the matter, In case they divide it
into lots
the lot falling to the heirs of Parthena must be sold and the money legally
disposed of for their benefit All my other property I wish to be sold at
public sale after my wifes decease upon a
suitable
credit
Sixthly,
as I have already given to my son Lilburn property to the value of Five Hundred
and Seventy dollars which he has had and used and disposed of; namely a negro
man named Nat at Four
hundred
dollars a ball faced mare at sixty dollars a bed and bedstead at Forty dollars
a cow and calf at twenty dollars; and my note which I have since paid off
for Fifty dollars and as I wish to make
all my
children equal as far as it depends on me, therefore I wish my son Lilburn
Green to have thirty dollars out of the sale of my property and then to have
no more until all the others have had
money or
property to the value of six Hundred dollars if the value of my land and
other property when valued should make that amount to the heir their being
seven shares leaving out Lilburn until
the others
are made even with him but if there be an overplus after each one has received
Six Hundred dollars or its value in property; then Lilburn is to have one
eight part of such overplus; In
making up
the amount of my estate before division the value of that part bequeathed
to James Green is to be taken into consideration which must [be] added
to the selling or appraised value of all
the balance
of the estate and the whole amount then to be divided by seven; If the appraised
value of James Greens Seventh part of my land be more than his share of all
the whole value of all the
estate he
is to pay the amount more than his share back to the estate but if his be
less in value than his equal share of the whole value of all the property
including the land bequeathed to him
then he
is to be made even with the others
Lastly,
I do constitute and appoint my son James Green Executor of this my last will
and testament; to act for his mother during her life and to carry into effect
after her death all my wish as
expressed
in the foregoing lines In testimony whereof I have hereunto set my hand and
affixed my seal this Twenty third day of March in the year One thousand eight
Hundred and forty five.
Gerard Green
Signed sealed
published and declared as & for the last will and Testament of the
above named
Gerrard Green in presence of:
Burwell N. Carter
Jacob Renneckar
State of
Kentucky
Harrison County Court, August term 1845
I Thomas
B Woodyard Clerk of the County Court for said County do Certify that this
paper purporting to be the last will and testament of Gerrard Green decd
was presented to Court at the aforesaid
Term &
was proven by the Oaths of Burwell N. Carter & Jacob Rennecker the two
subscribing witnesses thereto and the same was taken and established as the
last will and testament of sd
Gerrard
Green decd Whereupon the same was ordered to be Recorded which is accordingly
done this 14th day of August 1845
Th B. Woodyard Clk
Transcriber's
notes:
Green's
christian name is spelled "Gerrard" - as above, by the Harrision County Clerk,
Thomas Woodyard, but Green, himself, signs the will "Gerard Green"
Gerard Green
was a Revolutionary War patroit, Pension # W-5012, and is listed in DAR Patroit
Index Centennial Edition, Part II, published 1994, page 1220
as Gerard
Green, b. 3-27-1762 VA, d.7-10-1845 KY, m. Verlinda -- Pvt.VA
Pension
application form list his birth as February, 1761
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