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Will Book E

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

Submitted by: Georgia Green Stamper


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