Will of BRAWNER, John

Page 96

In the name of God, Amen, I, John Brawner of the County of Franklin and Commonwealth of Kentucky do make and publish this my last will and testament in manner and form

following to wit,

Firstly, I give will and bequeath unto my wife Ann and all of her children by me begotten, Peter, James, and the Rucker Place where I now reside containing 216 acres more or

less together with that land which I have lately purchased of Austin P. Cox, about 58 acres, all situate lying of being in the County of Franklin and Commonwealth aforesaid on

the Frankfort and New Castle Road. I also will and bequeath unto my said wife and children all my household and kitchen furniture, farming utensils, livestock, crop and barn

on the tract of land bequeathed her and them at the time of my death. To have and to hold said property in joint tenancy with all her children by me begotten so long as she

shall remain unmarried. But if after my death the said Ann, my wife, should marry, it is my will and desire that she take and enjoy of my property no more than the law may

award and command, and further, I will and desire that on the death of my said wife that all the property herein before mentioned vest absolutely in the children of my said

wife by me begotten, my intention being to give her a life estate only.

Secondly, I will and desire that my three slaves, Frank, Dolly and Dan, remain with my wife and her children by me begotten until they my children attain their majority and

then that the right and title to said slaves vest absolutely in my said children. Provided always that said slaves may be sold at any time if they should misbehave themselves

and grow unmanageable and it shall be adjudged advisable so to do, but I request my wife and said children to treat said slaves well, and kindly provide for them.

Thirdly, I will and bequeath to Henry Warfield, a son of my said wife Ann, a good suit of clothes and fifty dollars in cash together with a common education to be paid by my

executor out of my estate, provided he shall remain with his mother and help to take care of her and my children by her begotten until he shall have attained the age of twenty

one years.

Fourthly, I will and desire and bequeath unto my other sons, Thomas, Henry, Franklin and John M. Brawner, equally and jointly my Moss tract of land lying on the Newcastle

and Frankfort.

Fifth, I will and bequeath that the tract of land now in dispute between me and Thomas Smith's heirs and Wade, provided it be determined and adjudged to me before my death,

be equally divided between my three sons, Henry, Franklin and John M. Brawner with the exception of a small strip on the west side of the New Castle Road, which said strip

I will to be attached to my home tract and be the property of my children named in the first clause of this my will--provided the road can be straightened. And if said suit shall

not be determined before my death, I will and desire that said suit be prosecuted to a final decision by the legatees, Henry, Franklin and John M. Brawner, to whom I have

advised the benefit of it.

And lastly, I hereby constitute, make and appoint Simon Hopper and Pat U. Major as my executors and will and desire that after they shall have paid my funeral expenses

and paid off and liquidated all my just debts that they proceed to carry out justly and fairly the provisions of this my last will and testament in accordance with the true meaning,

spirit, intent and purpose here of. In testimony whereof I have here unto sat my hand and seal this the 26th day of August A D.1851.

John Brawner

Signed sealed published and declared as the last will and testament of John Brawner, (he being of sound and disposing mind) in our presence on the day and date above written:

names of witnesses:

John Childers

Larkin Chisholm

State of Kentucky

Franklin County Court - April Term 1863

A writing purporting to be the last will and testament of John Brawner, decd.. was produced in Court and proved by the oath of John Childers one of the subscribing witnesses

thereto and the same is continued for further proof.

Att: A. H. Rennick, CFCC

Franklin County Court, May Term 1863

The writing purporting to be the last will and testament of John Brawner, decd.. was this day fully proved by the oaths of Larkin Chislom a subscribing witness thereto and ordered

to be recorded, which is truly done.

Att: A. H. Rennick, CFCC