- BENJAMIN HOWARD WILL
WILL OF BENJAMIN HOWARD OF FREDERICK COUNTY MARYLAND AND MADISON COUNTY, KENTUCKY
In the name of God Amen. I, Benjamin Howard, of the County of Madison and State of Kentucky, being in perfect mind and memory do make this my last Will and Testament, recommending my soul to God who gave it, and my body to the Mother earth.
In the first place my just debts to be paid punctually.
Secondly I bequeath to my beloved wife Rebecca Howard the whole of my Estate real and personal during her natural life, and the profits arising therefrom, for the purpose of raising and schooling my youngest children.
Thirdly I give and bequeath to five of my children to wit, Matthew, Benjamin, Polly, Viney and Nancy Howard five negroes of the following names - To my son Matthew, a negro boy by the name of Gilbert, to my son Benjamin a negro boy by the name of Dave. To my daughter Polly a negro girl by the name of Maria. To my daughter Viney a negro girl by the name of Sabrina, To my daughter Nancy, a negro girl by the name of Darkey. It is expressly understood that the negro girl by the name of Sababrina which is devised to my Daughter Viney, who has intermarried Isaac Starnes, is for the special use and benefit of my said daughter, and her heirs lawfully begotten of her body, together with her future increase, and not to be disposed of in any way by said Isaac, or her time to be disposed to satisfy any debt or debts which he may create hereafter, or heretofore created and for the retention of her the said Sabrina, together with her increase (if any). My executors, hereinafter appointed, or either of them is hereby fully authorized to take possession of said Girl and her increase, and so hold and detain them for the use and benefit of my said Daughter and her heirs as aforesaid, as to prevent their being sold by said Isaac in satisfaction of his debts.
The balance of my estate both real and personal, it is my will and desire should be sold at the Death of my beloved wife, and the proceeds arising from said sale (after paying to my daughter Katherine Grubbs, Twenty Dollars which I bequeath to hher) to be equally divided between four of my children, Thomas Howard, Betsey Deatherage, Nelly Black, and Becky Tolson, provided it does not exceed four hundred dollars to each of those my four children, and in case it should exceed four hundred dollars when equally divided, all above four hundred to each, I give and bequeath to my son Benjamin, to this my last will and testament. I do appoint my son Benjamin Howard and John Burgin Executors to this my last will and testament hereby revoking all others by me made. In witness whereof I have hereunto set my hand and seal, this 23rd Septr. 1825.
/s/ Benjamin Howard
Witness
Thos. C. Howard W. Powell Thos. H. Christopher
Be it remembered that I omitted giving my Daughter Nancy one bed and furniture, and also one horse, saddle and bridle. The horse, bridle and saddle to be worth one hundred dollars, which bed and furniture, horse, bridle and saddle, being omitteed in the foregoing will I do hereby devise to my said daughter Nancy, and it is further authorized and devised that my son Benjamin is to have the care of the Plantation and other things as heretofore devised until the decease of my beloved wife and that he shall also take care of my daughter Nancy.
In testimony whereof I have hereunto set my hand and seal, this 23rd Septr. 1825.
/s/ Benjamin Howard
Witness
Thos. Howard W. Powell Thos. H. Christopher
N.B. Be it remembered that I have changed the foregoing will being my last devise as intended, to my son Benj. I give Dave, to my son Matthew a Negro boy by the name of Gilbert.
In testimony whereof I have hereunto set my hand and seal, this 1st day of May 1827.
/s/ Benjamin Howard
Witness
Thos. Howard Win. H. Shackelford
Having added another sheet to this my last Will and Testament for the purpose of the subjoined to my aforesaid last Will and testament, that the horse, bridle and saddle provided for and bequeathed to my daughter Nancy. I have furnished her with the same and that the aforesaid bequest is by this my last devise, void, as she has received it, and it is to be further understood by this my last devise, that the negro girl by the name of Darkey that I also devised to Nancy that I have given up to her, in full right and title, her and her future increase excepting her new child about two years old, which she is not to have. Now it is by this my last devise to be expressly understood that if any dispute should arise between my aforesaid legatees, as to the property so devised, that all differences in relation thereto is to be settled and determined by Curtis Field, Thompson Burnam, and Thos. C. Howard or any two of them may choose a third person in case of the death of either, and their judgment shall be binding and obligatory to all intents and purposes, as if done by myself at this time, in my proper person. In testimony whereof I have hereunto set my hand and seal this 7th day of January 1829.
/s/ Benjamin Howard
Witness
Thos. C. Davis Jo. H. Tevis Thos. C. Howard
Be it remembered that on this the nineteenth day of September 1831, having determined in my own mind, that in a previous part of this my last Will and Testament on the final sale of my Estate as set forth as aforesaid out of the proceeds of saiaid sale I bequeath to four of my children (to wit) Thomas, Elizabeth Deatherage, Nelly Black, and Becky Tolson four hundred dollars each, but being satisfied that it is more than their proportion, I do now change so much of my will as relates to that part of my devise, and instead of four hundred dollars to each of these my aforesaid children, I bequeath to each of them as aforesaid three hundred dollars.
I do further give and bequeath to my Grandson Thomas Howard Starnes a negro girl about four or five years old, by the name of Cussa, the only daughter of Maria, being her second child, and to this my last devise, It is my special request my Executors will attend to this change or alteration which I have this day made to this my last Will and testament.
In testimony whereof I have herewith set my hand and seal as aforesaid this 19th Septr. 1831
/s/ Benjamin Howard
Witness
Thos. C. Howard Thos. H. Christopher Henry H. Thomas
State of Kentucky Madison County
Prob. David Irvine County Court Monday 4 day of May 1835 Recorded
This Will and the several codicils are recorded in Will Book F, page 76, in the Madison County Clerk's Office, Richmond, Kentucky.
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