Will of BOURN, Andrew

Page 63

Franklin County, December 12th, 1809

Reflecting that is appointed to all men once to die. I Andrew Bourn do make and ordain this my last will and testament. In the first place I order and it is my will that all my

just debts and funeral charges be paid by my executors hereafter to be appointed. It is my will that my son Andrew Bourn of Virginia shall as soon as he arrives at the age

or twenty-one years have the benefit of half the bond with interest that may be due thereon which is due me from Joseph and George Morton. The whole bond amounting to

two hundred pounds bearing date January 1791 and now in the hands of William Morton or Orange County, Virginia who hath disposal of the other half agreeable to a contract

existing between me and said Morton in the year 1797 with interest from that date. Also I bequeath to the said son, Andrew a bond on William Morton of Orange County,

Virginia of nearly five pounds, two shillings and six pence dated the 11th June 1797. I will to the same son, Andrew an obligation on William Morton of Orange County, Virginia

for eleven pounds the price of a horse sold John ___?. Also ten dollars said Morton a__? to pay me on account of Alexander Downing and a balance of a bond due from

Benjamin Hawkins, which bond is in the care of said Morton. I order and it is my will that my wife Eleanor Bourn have the negro woman Charlotte to be under her control so

long as she shall remain in a state of widowhood. If my said wife should marry or die, then the girl Charlotte is at liberty to choose which of my four children she will live with.

I bequeath to my said wife one bed and furniture also one cow and calf. To my daughter, Polly Bourn I give and bequeath __? negro girl Libby and Betty to her and ____

_____ ______ one bed and furniture to her and her heirs forever. To my son, John Bourn I give and bequeath my negro boy Phil also one half of the tract of land on which I have

lived or an equal division of such part of the same as shall be saved out of the located part of an entry made in the name of William Walton on Savier Creek. By William Stafford

to him and to his heirs forever, to my son William Bourn. I give and bequeath my negro man Porter and an equal division of the land above described to him and to his heirs

forever. To my daughters Sally Bourn, I give and bequeath my negro girl Letty and on bed and furniture to her and to her heirs forever. It is my will that if either of the above

named legatees should die before they have legal heirs that the property allotted to each be equally divided among the survivors. It is my will that if either of the above named

slaves should die or be rendered useless by disease or accident before the legatee is put in possession thereof, that such legatee shall be reimbursed out of the money arising

from debts due the estate or from sales of property on hand such as cattle or any other property that can be spared from the use of the family. It is my will that the stock of cattle

excepting such as shall be necessary for the support of the family, also horses and hogs shall be sold at twelve months credit. My executor hereafter to be appointed are to judge

of the quantity that will be kept for the use of the family. It is my will that my executors collect a bond from Joseph and George Morton given for 57 pounds, 10 shillings dated the

2nd day of January 1793 with a credit on the same October 17th 1795 11 pounds, 15 shillings. The balance of this to be collected of George Morton of Mason County, Kentucky

and to be appraised to the benefit of my son residing in this state. It is my will that the above money to be collected of George Morton be equally divided between my two sons,

John and William Bourn. It is my will that if having any surplus money in the hands of my executors after paying the above legacies if such the case the money to be equally

divided between my two sons John and William this is not to operate against any of the provisions listed above. It is my will that my son Andrew Bourn of Virginia be given an

article of agreement between William Morton or Orange County, Virginia and dated the 16th June 1799 attested by Adam Goodlett, Jane Perry. The said son to have the money

that may remain in William Morton's hand accordingly to the said article and lastly, I constitute and appoint John Eakin of Jessamine County and Henry Sparks of Franklin County

Executors of this my last will and testament. There by revolking all former wills.

Andrew Bourn

Signed, sealed and acknowledge in the presence of:

Lewis Wilhoite

Lapsley Wilson

Henry Sheets

At a court held for the County of Franklin on Monday the 16th day of April 1810

An instrument of writing purporting to be the las will and testament of Andrew Bourn, deceased was produced in Court by John Eakin and Henry Sparks, executors therein

named and proven by the oaths of Lewis Wilhoite and Ebenezer Ellis witnesses and ordered to be recorded.

Att: Daniel Weisiger, C.F.C.