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In the name of
God Amen: I Zacharis Head of the County of Oldham and the
State of Kentucky, being of sound mind and disposing memory
do make and ordain this to be my last will and testament
revoking all other by me heretofor made.
First- It is
my wish that all my just dept and funeral expences be paid
out of the monies remaining on hand at my death or if there
shall not be enough on hand then out of the first monies
collected by my executor herein after appointed.
Second-It is
my will that my executor should collect as speedily as my be
after my death the debts that may be due to me.
Third- It is
my will that my negros should remain in the Family, and for
the purpose of effecting this object and at the same time to
insure a fair division, It is my will that as soon as
convenient after my death my exectures shall offer them for
sale Publicly to those members of my Family who shall wish
to purchase them but not to strangers and my grandchildren,
Samuel Ellis and Zacharias Ellis shall have the privilege of
bidding on such of them as they may wish and my grandson
Henry McMakin, shall be represented at the sale by his
guardian my son James M. Head(also my executor) is to be at
liberty to buy such as he may wish, if he is willing to give
more than the other members of the Family are willing to
give.
Fourth- It is
understood that I have heretofor given to my daughter Julia
Ann and her husband John C. Mount, land valued at $2,210 and
three negroes value at $750, $400 & $300 and of said
property so given value in all at $3,700, my grandchildren
Samuel and Zacharias Ellis and Henry McMakin in all
probability unto receive no benifit and as it is my wish
that my children and those who stand in their places shall
receive a fair and just proportion of my estate, and as I
have heretofor given to my son James M. Head about the same
amount that I have given to my daughter and her husband
therefor it is my will that after the payment of my debts
and funeral expences and the expences of carrinng this will
into effect my estate including the sale of my negroes and
personel , cash and debts and also in dividing the proceeds
of some land lately bought by me of Belwood which my
executor is hereby declared to sale at public sale on a
resonable credit and convey to the purchaser, Shall be
equally divided into two parts and one part shall be to my
son James M. Head his heirs executor & administrators
and out of the other part then should be paid to my grand
son Zacharis Ellis nine hundred and twenty five dollars and
to my grandson Samuel Ellis nine hundred and twenty five
dollars and to my great grandson Henry McMakin nine hundred
and twenty five dollars which sum to each will make them
equal to any other children of my daughter Julia Ann by John
C.Mount so far as my estate is concerned.
Fifth- It is
further my will that after paid Zacharias, Samuel, and Henry
shall have received each the said sum of $925. Whatever is
left of the part from which said sums are or may be taken
shall be divided into seven equal parts of which one part
shall go to Zachariah Ellis and one part shall go to Samuel
Ellis, and part shall go to Henry McMakin and the other four
parts shall go to my daughter Julia Ann Mount.
Sixth- It is
my will that my son James M. Head shall be my executor to
carry out the promises of this my last will and testament.
Seventh- It is
also my will that if any of the said legates the said
Samuel, Zacharias, or Henry should die without leaving issue
of his body then at the death of such legate the partion
herein bequethed to him shall be divided among any other
legates herein named in the same manner as herein before
directed or among those living and the representation of
such as may have died that is to say if Samuel Ellis were to
die without issue of his body the legacy I have given him
shall be divided into two parts, and one part go to James M.
Head and the other part to be divided into six parts one of
which should go Zacharias Ellis, one to Henry McMakin if
living and the other four go to Julia Ann Mount or to her
children by John C.Mount. If she were dead and a similar
division to be made of the legacy of Zachariah or of that to
Henry McMakin. If either of them should die without issue of
his body at his death.
Eighth- It
will be understood that I have given to my daughter Julia
Ann and her husband John C. Mount a Negro woman named Lucy
who has not before been allocated to and during her
intermarriage with Stephen Ellis, I also gave her and said
Ellis a boy slave and her children by Ellis got this benefit
of said boy. And her children by Mount got or will get the
benifit of the gift of Lucy. I conceive that the provision
of this will do such justices us between the children of
Stephen Ellis and the children of said Mount by my daughter
Julia Ann.
In testamony
whereof I have hereinto set my hand and seal this 17th day
of July 1854.
Witnesses
present
G.W. Ray
Zacharias Head [seal]
A.M.Gazley
Kentucky
Oldham County Court
April turm,
1855
A paper
purposing to be the last will and testament of Zacharias
Head dec? was produced in court and proved to be such by the
Oaths of G.M. Ray and A. M. Gazlay subscribing witness
thereto and ordered to be recorded - which is done
accordingly
Attest. Brent
Hopkins Ck
by Wm G.
Taylor D. Clk |