Will of CLAYTON, Jasper

Page 257

Kentucky Franklin District Court

February 22, 1875

Nicholas Traylor &c Peffs

VS

Elizabeth Clayton &c Defts

This cause being heard, upon the plaintiffs motion to set aside the Judgment rendered herein on the 19th day of August 1874 and their further motion for a new trial and for leave to

file their amended petition offered on the 27th of August 1874 and the Court being sufficiently advised it is adjudged that the judgment herein rendered on the 19th day of August 1874

be set aside, and held for naught, and a new trial granted and the said amended petition is allowed to be filed to which Defts except and the cause being submitted and heard, upon

the pleadings, exhibits and proof and the Court sufficiently advised, it is the opinions of the Court that the paper of date March 22, 1870 probate in the Franklin County Court is not the

last will of Jasper Clayton, but that the will set up by the Plaintiff in their original and amended petition of date May 24, 1870 is the true last will and testament of the said Jasper Clayton

in the words and figures to wit:

In the name of God Amen:

I, Jasper Clayton of Franklin County and State of Kentucky, do hereby make my last will and testament revoking all other wills by me made. I desire first that all my just debts be paid

that I have contracted since I have taken the Bankrupt law or Bankruptcy.

I desire and will that my wife Elizabeth Clayton, late Elizabeth Tackett have all the land on the farm whereon I now live, which I purchased of Joseph Gale, containing eighty three acres,

lying and being in the counties of Scott, Franklin and Owen to have during her natural life and two feather beds and bedsteads and all necessary bed clothing for the same, one clock,

two cows, and calves, if they have any, eight chairs and one choice horse or mare if any, three tables and chests and the cooking vessels and one sixteen gallon kettle and eight shoats.

I will and desire that at the death of my wife, Elizabeth Clayton, the land which I now live on that It shall be disposed as follows: Whereas R. A. Jameson, caused my land to be sold for

going his security. I hold his note for two hundred and sixty dollars due January 26, 1866. I will and desire if the said Jameson failsto pay off the said two hundred and sixty dollars with

interest on the same in my life time, so that I get the money in hand, that his children, my grandchildren, which are my daughter Elizabeth's children (Elizabeth Jameson, late Elizabeth

Clayton) namely; James M. Jameson, Milly Jameson, now Milly Blythe and Nancy Jane Jameson, now Nancy Morgan, John Alfred Jameson and Malinda Francis Jameson, I will and

desire that my grandchildren as above named (Robert A. Jameson' s children) shall only have twenty five dollars of my estate and that at my wife Elizabeth Clayton's death which will be

five dollars per heir.

I will and desire that my daughter, Lucy Head have an equal share with my other children at the death of my wife, providing H. H. Head pays off two debts I hold against him, one a not of

sixty-eight dollars due September 1867 the other is a note that I assigned to N. Traylor for about two hundred and ninety dollars with some credits paid on it, but if H. H. Head does not

pay off the above named debts my daughter Lucy Head shall on have five dollars of my estate at the death of my wife. I will and desire that my granddaughter, Mary Rosalind Crimm,

late Mary Rosalind Clayton shall have fifteen dollars of my estate, but if she dies without any heir no person shall collect or get the money.

I will and desire that John A. Abbott, Mildred Tackett, late Mildred Abbott, J. N. Abbott, Charles Abbott and Minnie Abbott, my grand children heirs of William Abbott and children of my

daughter, Mary Abbott, deceased (late Mary Clayton) shall have the balance of my estate after all debts are paid.

Moreover, I will and desire that Nicholas Traylor shall be paid out of my estate a certain amount for which he is bound as my surety to Charles Owen, deceased, about one hundred and

ninety dollars provided he shows the vouchers for the payment of the same.

I further will and desire that Dabney Maupin, a boy about thirteen or fourteen years of age that lives with me now,. shall have on bay horse

colt, which will be one year old, May next, one young white cow, one high posted bedstead and feather bed and all necessary clothing for the same and on choice hog for service already

rendered to me for the same.

I further will and desire that A. G. Rice shall be my lawful executor to carry out my wishes and desires. Given under my hand this 24th day of May 1870.

It is further adjudged that the paid last will and testament of Jasper Clayton as above and herein before set out be and the same is now established as the true last will and testament of

said Clayton and that a copy of this judgment be certified to the Franklin County Court for record and further proceedings under the same. It is further adjudged that the plaintiffs recover

of the defendants their cost herein expended to all which the defendants accept and pray an appeal to the Court of Appeals, which is granted.

Copy Att

W. Franklin, Cfcc

Franklin County Court, Monday, April 1875

A copy of a judgment of the Franklin County Court embodying the last will and testament of Jasper Clayton, deceased was produced in Court, filed and ordered to be recorded

which is done.

Jas. G. Crockett, cfcc