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Estate Records

 

FOSTER COLLINS WILL

Bourbon County KY

Will Bk. M p 519

Copied 1974 by Susan C. Eades

 

I Foster Collins of the County of Bourbon and State of Kentucky have thought fit and proper t make my last will and

testament hereby disposing of the estate with which it hath pleased God to bless me with in this world in the following manner

   First, I give to my daughter Lucinda Sconce my yearling whip Filly

  Secondly, I give to my daughter Lucy Phemister, the sorrel mare she claims and her colt and the first choice of beds and bed steads and ample supply of clothing for it of her choice and the first choice of cows and calves that may be on the place at my decease and one hundred and fifty dollars in money.

 Thirdly I give to my son Westberry one hundred and fifty dollars in money.

 Fourthly, I give my son Franklin one hundred and fifty dollars in money and a mare colt that came last June and a twenty-dollar saddle William Crosswhite owes me.

   Fifthly, I give to my daughter Judea Palmer sixty dollars in money.

   Sixthly, I give to my son Lewis six hundred and fifty dollars in money and his choice of my stock horses except those above named.  If he does not chose to keep the one I told him he could have last spring, and the second choice of beds and bedsteads and ample supply of bed clothing for it and the second choice of cows and calves that may be on the place and the other twenty dollar saddle that William Crosswhite owes me.  I have given my son Lewis by this will five hundred dollars more than either of my two sons above named and I give him and intend him to have that sum five hundred dollars more than either of my children and my doing so is that he cannot see in the night but he said Lewis must not and none of my children must not claim nor be allowed anything as pay for the time they have staid with me after they were twenty-one years old if they do and take anything as such they shall forfeit their right to any part of my estate and none of my children are to be charged with anything they have hereto fore had from me.

  Seventhly,  I give to my sons William and Willis all the benefits of the Cane Ridge district which they receive as collectors for me in the years 1834-44 where I was Sheriff of Bourbon County and they are not to be charged with it and Willis is not to be charged with one hundred dollars I let him have a few years ago and I now will him fifty dollars and my big Bible and I wish him to take care of it as it contains their ages.  The balance of my property not here to fore disposed of I wish to be sold except my black man Tom and the proceeds there of together with any money on hand amount of notes, accounts or any estate of any kind whatever due me after the foregoing legacies and the debts and expenses are paid to be equally divided between my ten children, eight of which ahs been named and my daughters Fanny Parker and Nancy Black who have not been named heretofore and my daughter Fanny Parker part of my estate to be dealt with and made use of as I shall hereafter direct.  It is my will that my son Willis take the black man Tom at his appraisement and account for him as so much of his part as I do not intent him to be sold out of the family.  I reserve two rods long and one and half wide of land where I live and a sufficiently of rock to enclose it with a good fence which my executors who I shall hereafter appoint is directed to have some of my family to have access to it to inter the dead if they chose to do so.  I also reserve from sale as much land as will cover the graveyard on the Wright place and neither of the pieces of land is ever to be sold.  My Executors is hereby directed t sell the residue of the land publickly or privately as they may think proper and upon such terms and at such time as they ma deem advisable and they are not required to sell immediately unless they think it proper to do so and they are hereby vested with full power to make title to the purchaser or purchasers.

   The four remaining children that is now on the land shall remain on it next year or shall remain on it one crop year after by deceased clear and free from rent or less they should choose to give it up sooner or they may give up a part of it sooner shall retain a part of it just as it may suit them, but if they all remain on it a year above named they must divide the fields and pastures so as to give each an equal share, but should they stay on the land longer than the year spoken of they must pay a reasonable and there is no rent to be charged for the Wright place for any past years.

The four children on the land shall have all the small grain now got out and all the growing crop of small grains equally between them.  My daughter Lucy and my son Lewis shall have plenty provisions for themselves and their stock I have given them to support them until the first day of December 1, 1846 or for one year after my decease let that event take place when it may. If any of my children are now dead or should die before a division of my estate takes place their family or children shall have the part their parent would be entitled to were they then living.

  I wish the black man to remain in the place this winter and until the 15 of April next to assist Lewis to brake out his hemp.

   I will to William Collins, the share of my daughter Fanny Parker on my estate what ever it may be which she said Fanny Parker is never to have nor any part of it so long as said William Collins is bound as security for William Parker, her husband, but when that liability is removed and every dollar for which said William Collins is liable as security for the said Parker is removed, she said Fanny is not have one dollar laid out for her use and benefit and should said Collins have to pay the debts he is bound for as security for said Parker, he shall pay so for as he is bound and liable for said Parker out of her share if it takes it all.   If after liabilities which Collins is bound for as security for said is paid out of said Fanny’s share, if enough to pay them should there be anything left he said William shall lay it out for her, said Fanny’s separate, exclusion and benefit and I further will to William Collins in trust for said Fanny Parker a note given by said William Parker given to me bearing the date of 12the day of March 1841 for the sum of four hundred and forty eight dollars due 1st day of March 1842 with a of two hundred and thirty four dollars and seventy five cents o what ere the  balance may be said note to be held by him said William Collins in trust for said Fanny Parker subject to the condition of the general bequest to said Fanny Parker and the said husband of Fanny Parker is to have no possession, control or benefits whatsoever in what I thus will to her or any property in which it ma at any time b invested and I so hereby constitute and appoint said William Collins trustee for  said Fanny Parker for the purpose before named.

   I will Westbery James son the staff his father willed to me.  And I hereby appoint Robert W. Sconce, William Collins and Willis Collins executors of this my last will and testament and I so not wish the court to require any security of them and I do hereby will to them fifty each as compensation for their trouble in settling my estate and for settling many business relating to two estates which I administered or if only two of the person I have named as executors of this my will should I so not whish any security to re required of them.  Written and signed with my hand this 27 day of November 1845.                          

                                                                                       Foster Collins

Attest:

John Morris

William Turney                                                                         

 

I Foster Collins do make this codicil to my last will and testament this 22 of February 1847cop, which will was made Nov. 27, 1845. It is my wish and desire that my son, Benjamin Franklin shall have his portion of my estate so much as it can be ascertained before and any of the rest and daughter Judy Palmer to have my clock so soon as my decease and the Westberry, Franklin, Lewis and Lucy shall have the crop that grown on place for this year divided between them equally.                                                    

                                                                   Foster Collins

Attest

Lewis Campbell

Wm. W. Campbell

 

 

                                                  Probated Mar. 1, 1847

 

 

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