William Kennedy Will
Original will at the Clerk's office in Alexandria; August 25, 1795, page 8; recorded Monday June 10, 1799
In the name of God Amen, I, William Kennedy of Mercer County, and state of Kentucky, Being of sound mind and memory, do make, declare and Publish this to be my last will and Testament.
Imprimis, I give and bequeath unto my son James Kennedy Four hundred acres of land, being part of one Thousand acres on Ohio River joining the lower side of the land which I sometime ago conveyed to my said son James, known by the name of Cassels. The Dividing line of the said Thousand acres is to run from the Ohio River South fifty Degrees, West, so as to contain four Hundred acres of Land for my said Son, James on the South East side of the said line, adjoining the said James' own land to him, His Heirs and assigns forever.
Item, I give and Bequeath unto my daughter Jennet, now wife to Benjamin Beall, the remaining six Hundred acres of Land of that thousand acres, outof which I have willed four hundred to my Son as above to her, her Heirs and assigns forever.
Item-whereas by a contract of marriage made and entered into by and between my wife Mary, and me before our intermarriage which deed of contract was duly acknowledged and admitted to Record in the County Court of Charlotte in Virginia at the April Court in the year one thousand seven hundred and seventy-nine, all the Estate then belonging over any wages appertaining to my said wife was second to her, to be and remain, notwithstanding our intermarriage always at her Disposall by will or otherwise. In consideration of which, she by the same deed or contract, gave up and renounced all right title and claim whatsoever to any part of my Estate either as her Dower or distributive share, after my decease. Yet in consideration of the great regard and affection I bear to her, It is my will that the tract of land where on I now live containing three hundred and eighty-four acres, shall immediately be sold after my Decrease for the Highest price it will bring, giving such Reasonable Credit as my Executors here in after to be named shall think fite and that Four Hundred pounds of the money arising from the sale of said land shall remain in the hands of the purchaser, he giving security on the land for the puncutall payment of the fullest, thereof Each year to my said wife Mary during her naturall life and to pay the said four Hundred Pounds to my heirs or Executors immediately after the Death of her, my said wife.
Item-I desire and empower my Executors herein after to be mentioned and named as a majority of them acting under this my last will and testament, to sell so much of my lands as may be necessary and requisite to enable them to pay all my just debts and to defray all necessary expenses, that dividing my Lands with those for whom I have located on shares may call form and to pay the taxes on the same, but my said Executors are not hereby authorized to sell any of my tracts of land which joins the Ohio River unless there should not be a sufficiency of other lands to answer the purposes herein mentioned. I lend to my son James Kennedy, one negroe boy named Peter until the first of May, which shall be in the year one thousand Eight and Twelve. I also lend to my son James a mulotto child named Tom untell the first day of May which shall be in the year one Thousand Eight Hundred and twenty. I also lend to my said son James one negro child named Linda untell the first day of May in the year one Thousand Eight hundred twenty-three. This my will that these negroes Peter, Tom & Linda do serve my son James & his Heirs, the whole time which I have so mentioned to lend them and that at the end of the Different Periods Each of them shall be Emancipated and Sett free.
I also lend to my daughter Jenett and her heirs one negroe boy names Sam untell the first Day of May in the year one thousand Eight Hundred and fifteen, and I also lend to my said Daughter Janet and her heirs one mataloe Girl names Keat untell the first day of May in the year one thousand Eight hundred and eighteen and it is my will that said boy Sam and the said girl Keat shall each of them be Emancipated at the end of the time I have hereby alotted them to serve my said daughter and that none of the negroes so lent Hired or employed out of this state or by an means removed out of the same before the times shall arive when that are all to be Sett free agreeable to the law authorizing the same.
I give and bequeath unto my said son James Kennedy and my said Daughter Jenet, now wife of Benjamin Beall, all my estate Reall, personall and mixed that shall remain after paying Just Debts and defraying the expenses of my lands; dividing the same and after the Legalls above mentioned are paid, to them their Heirs and assigns to be equally directed between them. And where as great uncertainty has arisen respecting claims to land in the country, I do therefore hereby authorize and empower my Executor after being advised so to do, by council learned in the Law le leave Such matters of disputes, as my wife concerning my lands to arbitration, and to stand to and abide by such awards as be made in such cases to give up such disputed lands even when suits at Common Law as Chancey may have been concerned, whenever it may be foudn to most to the advantage of my estate, and to prevent the same from unnecessary expense which is my present wish and intention.
And that Executors may also lay off and convey all lands which I have sold as contracted for in my life time agreeable to the tenor of these contracts, and I do hereby appoint and nominate my trusty Friends, George Muter, Caleb Wallace, James Speed and Thomas Allen to be the Executors of this my last will and Testament, herby revoking all and every other will or wills by me heretofore made and published. In witness whereof, I have hereunto set my hand and affixed my seal this 25th day of August in the year of our Lord one Thousand Seven Hundred and ninety-five.
Signed Wm Kennedy (Seal)
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Codicil to this my will of the 25th of August 1795, I do hereby empower my executors to sell same part of my lands to defray the expense of Lan, fuits? and other necessary Expenses or for the payments of any debts which may be due by me at my death and make proper conveyance for the same.
Signed Wm Kennedy (Seal)
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At a court held for Campbell County on Monday the 10th day of June 1799
This last will and testament of William Kennedy, deceased, was produced in Court by George Muter and Thomas Allen, two of the executors therein named and there being no witness to the said will the said George Muter and Thomas Allen being swore severally disposed that they are well acquainted with the Testators hand writing and verify to believe that the said will and the name thereto subscribe together wit the codicil to the said will and the name thereto subscribed are all the said Testators proper hand writing; where upon the said will is ordered to be recorded. And the executors named in the said will refusing to take upon themselves the burthen of the execution thereof and Mary Kennedy, widow of the said William Kennedy, relinquishing her right to administer on her said Husbands estate.
On the motion of Benjamin Beall and James Kennedy the former the son-in-law and the latter the son of the aforesaid William, deceased, who made oath and together with Charles Daniel, Washington Berry and Thomas Sanford their securities entered into and acknowledged bond in the penalty of one thousand pounds as the Law directs Certificate is granted them for obtaining letters of administration on the said decedents estate, with his will aforesaid annexed in due form.
Teste: James Taylor CCC