Will of GRAHAM, William

Page 163

I, William Graham of the county of Franklin and state of Kentucky being a little advanced in the seventy one year of my age and in full enjoyment of my common sense and

reason, but not knowing how long I may continue to be this blessed of the Lord and knowing from the common course of nature that my__ from time cannot be far distant. I

therefore think it advisable to by right with the Lord to set my __ temporal affairs in the best order, I am before I die. In order to which I __ to make the following arrangements

concerning the distribution of my estate both real and personal, to be distributed for the benefit of my beloved wife and children as follows first. I wish the farm on which we

now reside to continue entirely in the hands of my wife till the youngest heir become of age or till each of them should become legally authorized to act for themselves in order

that my wife may be unable to carry on the farm for her benefit and those that my continue with her. She is to have all the hands, 4 or 5 horse ___, two or three yoke of oxen

with their apprentances, yokes chains and with all the farming utensils, horse gear, saddles, bridles, thrashing machine, wheat ___. She is also to have all the household and

kitchen furniture, bedding and I don't mean by which is said above concerning the farm to lay a burden on my beloved wife, but that she may be unable to have the farm carried

on to the best advantage by some of her children or by some other person capable to do so, which farm thus managed will amply reward them for their industry by the balance

of the stock horses, cattle, sheep, hogs, geese, poultry to be left to the dispose of my wife if she thinks proper to keep them for the use of the family. She can do so, if she

thinks it advisable to sell them or part of them, she may proceed with the counsel of the executors to have them sold as the law directs in such case and the amount of the sale

to be equally divided among all my heirs. Concerning the farm being kept entirely, there will doubtless be applications made for buying of stocks around it, which I think will be

a disadvantage to the heirs, therefore wish it not done. When the time rolls on that all the heirs shall become authorized to act for themselves, they may as many as can work

together for the purpose of counseling on the property of selling the farm, if they or a majority of all the heirs agree to sell they may proceed to do so, provided a good price can

be obtained and provided, also that my wife is hearty in it and give her free consent, for she is not to give it up as long as she lives a widow and chooses to live on without her free

choice when the sale as above directed with the consent of the majority of all the heirs shall take place, the amount therefrom shall be carefully and equally divided among all the

heirs by the executors as also other sales of the property, that may take place. All which I wish done agreeable to equity and justice. It seems needful here to make another

provision concerning my beloved wife, that if in case she shall marry, the privilege of holding in her hands the farm and property as aforesaid, shall cease from the time the marriage

takes place and she then have the privilege of choosing for herself a child part or a third or as the law __ in such case.

When the time rolls on that it will be needful to divide the black people among the heirs. I wish them to have the liberty of choosing for themselves which of the heirs they wish to

belong to, if there appears to be a willingness among them to be divided among the heirs as equally as my be and the heirs agree among themselves to fix the divide so as to give

___ will, but if this cannot be done in this way a more equitable plan will be to put a moderate or reasonable plan on each by the heirs themselves or others competent to do so, as

they the heirs or a majority of them may choose and add the pieces of all together and divide by the number of heirs if one of the heirs negro (that has made his choice who to belong

to amounts to more than the equal dividend then he or she must have pay over to another, whose negro amounts to less and so on will all be thus regulated.

It may be necessary to give some further viewing concerning this devise of the black people. By their choice some of the heirs may have more than one or two and some none, in

which case they can be regulated by the equal dividend that these that have, can by some regulation pay over to them that have non, in that way that a majority of the heirs only

choose. My blacksmith, tools, bellows, anvils __ and my gunsmith tools together with the stocking tools, I give to my three sons, James M. Graham, Ephraim Graham and

William F. Graham. My carpenter tools, such as augers, chisels, , gouges, drawing knives, planes, hand axes, saws would be considered gunsmith and stocking tools and

carpenter tools, I will therefore merely say the smallest gouges, chisels, saws, drawing knives, hand axes, be considered gunsmith and stocking tools. There are some panels

of old steel iron __ copper and pewter that may be sold and the amount arising therefrom equally divided among all the heirs, also some rock drills, stone sledge together with

some other tools for well blowing, which may also be sold and the amount arising therefrom equally divided among all the heirs, in order to the __ performance of the statements

contained in this instrument, I hereby appoint my three sons, James M. Graham, Ephraim Graham and William F. Graham my executors and my beloved wife, Margaret Graham,

executrix. I wish those to pay my executors and executrix, whom I have hereby appointed to the regulation of this instrument to be rewarded for their services, that they may have

to perform out of the estate, in that way a majority of the heirs may think best. These brief statements contained in this instruments, I after 1842 as my will praying the blessing

of the Lord whom it, I think is necessary to make some further statements in connection with those already in this instrument concerning the divide of all my estate among the heirs.

If any of my daughters die having no children, her part of the estate shall be equally divided among the surviving heirs and it being the case that some of the heirs have received more

than their equal part and some less and is thought that an equal way will be to add the whole together and divide by the number of legatees so as to make an equal divide among the

whole, and a daughter thus dying without children her part of the estate should be considered and the amount thereof ascertained as may possible that the executors may know as

near as be what amount to revert back to the legatees. I have been thus far __ in order to have equity to abound as near as may be among the whole. The present number of legatees

is nine, thus names stand thus, James M. Graham, Ephraim Graham, Mary Hancock, Catherine Graham, Nancy Hearn, Priscilla Graham, William F. Graham, Martha E. Vandergriff,

Rebecca F. Graham what each one of the legatees have record of the estate is nearly as follows: James M. Graham - $170., Ephraim Graham, $10., Mary Hancock, $118.50,

Catherine Graham, $7., Nancy Hearn, $104.27, Priscilla Graham, $7., William F. Graham, $158., Martha E. Vandergriff, $372,. and Rebecka F. Graham, $7.

In looking over what I have written above, I think it necessary to add to the clause where I have said, (if any of my daughters died having no children, her part of the estate shall be

equally divided among the surviving heirs) The portion coming to Mary Hancock to remain in the hands of the executors and then give her the interest on such portion or more if they

think she requires it for her special benefit, support and comfort (unless she has a child or children then to give her a portion as the other children) The portion coming to Nancy Hearn

to be divided equally among her children and she to have the interest assessing on such portion until her children become of age this 23rd day of March 1844.

William Graham

Witness:

Edmond Vaughan

Thomas Jett

Franklin County Court, November Term 1845

A writing purporting to be the last will and testament of William Graham, decd. was produced in Court and was proven by the oaths of Edmond Vaughan a subscribing witness and

was also proven by the said Vaughan that Thomas Jett the other subscribing witness signed his name in his presence and in the presence of testator. Whereupon this ordered that the

said will be recorded as the last will and testament of the said Wm. Graham, decd.

Att: A. H. Rennick, Cfcc

Franklin County Court, November Term 1845

The last will and testament of William Graham, decd., was this day fully proven by the oath of Thomas Jett a subscribing witness there to. Whereupon the same is ordered to be

recorded as the last will and testament of said William Graham, decd. and the said will is duly recorded in my office.

A. H. Rennick, Cfcc