Will of Elijah Hiatt - 1847

I Elijah Hiatt of the County of Garrard and Commonwealth of Kentucky do make, ordain and constitute this my last will and testament, hereby revoking any and all others. 1. I hereby and devise unto my dearly beloved and much esteemed wife Martha Hiatt during her life all of my land in the County and Commonwealth aforesaid. 2. After the death of my said wife, I will and devise said land supposed to contain one thousand and sixty Five acres, be the same more or less to my only son Allen O. Hiatt and his heirs forever with the provision however that said Allen O. is in no case to have power or authority to sell any or otherwise dispose of any part of said land until he comes to the age of thirty years, and in case he should depart this life, before he attains to that age without lawful children I then devise said land to my three daughters (to wit, Almira Burnsides, Susan Anderson, and Sally Ann Beasley and their heirs forever to be equally divided between them according to quantity and quality, and in the event that either or all of my said daughters should depart this life having one or more children after the happening contingency with my son that is after his death without children of any or all of my said daughters who may at that time be dead, shall have and be entitled to the same share or part that the mother or mothers of said child or children to if living. 3rd My desire is that any or all of my said wife and son remain on the farm together and that my son like an obedient and dutiful child should do, take care of his mother in her declining years, that they may live in the most profound peace and harmony together, but if my wife should at any time consider from any cause that they cannot so remain together, in that case the tract of land aforesaid must be divided by running a straight line as near as may be through the middle of the tract, leaving the dividing or mansion house in which I now live in the one side for the use and benefit of my wife and the other half to my son. my wife to remain in the dwelling house as long as she lives; and should it so happen that a division of my tract of land should take place as before named, my will is that my son take his part and with the slaves bequeathed him, settle, cultivate and manage his part and that he have the proceeds of the same absolutely and unconditionally after such division but under no circumstances is he to have power or authority to sell, convey or otherwise of any part of said land until he arrives to the age of thirty years and aforesaid. 4. I also give bequeath and devise unto my wife Martha Hiatt my tract of land lying on Copper Creek in the County and Commonwealth aforesaid containing fifty acres near the Simmons or les. and after the death of _wife I will and devise said land to my son Allen O. Hiatt and his heirs forever with the same provisions and restrictions that I have made on the tract whereon I reside. 5th I bequeath to my wife all my stock of every kind and description consisting of Horses, Mules, Cattle, Hogs and Sheep which may be in hand at the time of my death, also all my household and kitchen furniture and all my farming utensils of every kind and description all my crop of every sort which may be on hand at that time whether the same be gathered matured or growing on the farm. Also all my provisions of every kind which may be at that time be on hand, all which I have named in this 5th devise and bequest is to belong to my wife absolutely and unconditionally and I bequeath to her in the same way, that is absolutely and unconditionally the following named slaves and the future increase of the females. (to wit, Harrison, Eady, Judy, Darius and Monroe and also the proceeds of the farm and all the stock aforesaid except the farm should be divided as aforesaid and in that case the proceeds of each part shall go to the respective owners as hereto directed and I give absolutely and unconditionally one thousand Dollars in money which she has in her possession. 6th. I bequeath to my son Allen O. Hiatt the following named slaves to wit Bitha Ann, , Jerry, John, Jenny, Elizabeth, George, Marua, Sam and Mary. 7th I will divise and direct that my son do take care of and decently support with his part of my estate my old slaves viz Reuben and his wife Phebe, Gabriel and David and that they be …(rest of this sentence is unreadable). 8 I will and direct that the negro woman Fanny, who I set free sometime since in the Garrard County Court be allowed and be permitted to live where she now does on my farm during her natural life and that she keep with her as long as she lives her children, Lewis Jennings and Caty Ann; but these children are to be under the control and management of my son Allen as long as my said wife shall live, and afterwards to be divided as herein after directed. 9th I bequeath to my daughter Almira Burnside the following slaves with the future increase of the females (to wit) Eliza, Alford, Mason and Cary (?). 10th I bequeath to my daughter Susan Anderson the following named slaves and the future increase of the females (to wit) Phebe, Caleb, Elias, and Henry. 11th I bequeath to my daughter Sarah Ann Beasley the following named slaves and the future increase of the slaves (to wit) Orange, Maria, Martha, Jesephus and Lucinda, 12th I will and direct that the following slaves, remain in my farm under the control and management of my said Wife, and Son, during the life of my wife (to wit) Berry, Milton, Lewis, Jennings, Caty Ann, Anderson and his wife Lucy and Cicero Howard: Cassy Shelby, and Gabriel’s wife Eadys! 13th I will and direct that the slaves named in 12th devise (to wit) Benj., Milton Lewis, Jennings Caty Ann, Anderson and his wife Lucy, Cicero Howard Cassy Shelby and Gabriel’s wife Eadys be equally divided at the death of my wife among my four children Almira Burnsides, Susan Anderson Sally Ann Beasley and Allen O. Hiatt. I wish the division to be made by my children themselves without calling in the aid of strangers and if the division cannot be made equally, I then direct that such of my children who may draw the best lott or lots make up to those who may draw lots of less value, the difference in many, so as to them all as nearly equal as possible in the division, and if any of my children should depart this life leaving lawful children surviving them before division is hereby directed takes place my wish and devise then is that the child or children of such who may have departed this life, must have the share of the mother or mothers of said child or children or as the child of my Son, Should he depart this life, leaving lawful children before the said division may take place as herein directed. 14th I bequeath to my grandson Elijah Burnsides my negro boy Green to have and to hold forever. 15th I bequeath to my grandson Elijah Beasley by Quinn (?) to have and to hold forever. I shall not appoint any executor to this will, as I am out of debt and see no necessity for so doing. If there should be any debts against my Estate my Wife and Son will pay them I dso not wish any administration on my estate and do not wish the County Court to appoint any appraiser, but that I wish my son in Law Josiah Burnsides Alexander Anderson and John Beasley and my son Allen O Hiatt, attend to all the division of property as herein directed as I have full confidence in their ability as well as the honesty of said individuals to do so without calling to their aid anyone else. I have made such a disposition of the property with which it hath please God, to bless me, after the labour of many years as seems best to me, as well as with the ______ (?) of my two eldest daughters Almira Burnsides and Susan Anderson who seemed to be anxious for me to devise my farm to my son as I have and I do hope there never will be a difficulty or lawsuit among any of my children that they may live and die in peace, with themselves and all maintained, that they may live long and in great abundance and prosperity, as well as in the most profound peace with their neighbors at all times and finally that we may all meet in eternal happiness where parting will be no more.

In testimony whereof I have herewith set my hand and seal this 16th day of March 1847
Elijah Hiatt {seal}
Attest
H. T. Terrill
Wm H. Kinnaird
J. A.. Beasely

I Elijah Hiatt having heretofore on the 16th day of March 1847 published the above instrument of writing as my last will and testament and being possessed of a certain negro girl Eady Ann now about ten years of age, which girl I have not divised of heretofore, I now give and bequeath unto James A. Beasley for the use and benefit of my Granddaughter Mary Dorcas Anderson the aforesaid girl to have and to hold forever for the benefit of my Granddaughter Mary Dorcas. In testimony whereof I have herewith set my hand and seal this 24th day of May 1848.

Elij Hiatt {seal}

Witness
A R McKee
W, J. Sanderson

State of Kentucky
Garrard Co. {Court

I Allen R. McKee Clerk of the Garrard County Court do certify that the foregoing will of Elijah Hiatt Dec was produced to court at the February County Court 1851 and proven by the oath of Wm. H Kinnaird and Jas A Beasley thro Subscribing minutes thereto and approved and ordered to be recorded-
Also a Codicil attached to said will produced at the same time and proven by the Oath of A R McKee and Wm J Sanderson to be such to said will. Approved and ordered to be recorded all of which in ..dim Feby 10th 16th 1851

A R McKee, clk
Garrard County Court