Will of Joseph Emmons
Contributed by Renee Schaeffer
Last Will and Testament of Joseph EMMONS-Book C. pg. 437 September 14, 1827, recorded Oct. 1, 1827
In the name of God Amen, I, Joseph EMMONS of the County of Fleming State of Kentucky being of perfect mind & memory and well knowing the uncertanty of the mortal life do make this my Last Will & Testament. First I comanded my soul to where it came, in a decent Christian like manner. As to my estate with which God has been pleased in the following manner viz. First I give and bequeath unto my son William EMMONS two hundred acres of the land on which I now live on the southside thereof to be divided by straight line beginning at Locust creek at the mouth of a small _________of the meadow, and running in such direction as to include the quantity of aforsaid by running across the tract to the back line the houses & appurtinances.
Second it is my will that the land remaining (after Williams 200 acres and taken off) be equally divided amongst my children viz Elija, William, Catherine, Anne, Polly, James & Elizabeth in the following manner. William to have his dividend run of adjoining his own 200 acres. Catherine to have her share and Annes (of which I make her heir) run of along side of Williams the remainder to be sold & the money to be equally divided amongst Elija, Polly, James children & Elizabeths children.
Third I give and bequeath unto my son William one negro girl & child viz Ursula & Levi. Likewise I will that my son William should die before his wife than Ursula & her increase shall belong to Williams children.
Fourth I give & bequeath to my daughter Katherine one negro girl viz Eliza. I likewise give unto my daughter Katherine one horse beast to be chosen by her.
Fifth I give & bequeath unto my daughter Polley Drake one negro girl viz Matilda during her life but if she should die before her husband, then he shall retain said negro during his life after his death.
Sixth I give & bequeath unto my grandchildren viz Cadmill,Garrett, Gamaliel Freeman one negro man viz Reuben to be sold and the money & equally divided amongst them.
Seventh I give and bequeath unto my son Elija one mulatto man viz James during his life only then to return to his estate. And as to the residue of my property not herein mentioned I wish it to be sold on a credit of twelve months and when the money is collected it is my will that after my debts be aid the remainder of the money be equally divided among my children viz Elija, William, Katherine, Polly, James & Elizabeth: James and Elizabeths'
children to have their parents share I also will that my negro boy Tom be sold & the money equally divided amongst my son James children & it is also my will that if I die after the crop is put in or cropping time no division shall be made until the crop is gathered and then to be divided equally between my son William and my daughter Katherine. Lastly I appoint my son William Emmons and my grandson Garrett Freeman executors to this my last will and testament hereby revoking all former wills, by me heretofore made & resigining myself to the righteous will of Almighty God. In testamony whereof I hereunto set my hand and assign my seal this fourteenth day of September in the year of our Lord one thousand eight hundred and twenty seven.
Witness: Elias Davis his
Alexander McRoberts Joseph Emmons
Thomas Gardner mark
At a court held for Fleming County on the 1st October 1827, the writing puportory to the last will testament of Joseph Emmons was produced in court proved by the oaths of Alexander W. Roberts and Thomas Gardner two of the witnesses hereto be the will of said Emmons, ordered to be recorded which is done.
Agreeably to an order of Fleming County Court at their October term for the appointment of the estate of Js. Emmons decd. the afforsead being first sworn proceded to a ___________ the said estate agreeably to the above catalogue which contains all the property that came into our hands as appraisers.
Jno Mc______ At a court held for Fleming county on the 5th of November 1827 this inventory and appraisement of the estate of aforsaid Emmons decd was produced in court examined & ordered to be recorded which is done.
alt. John Stockton Clk.
444 - 447
At true statement of the sales of property belonging to the estate of Joseph Emmons late of Fleming County Kentucky decd held by us the in _________ executors of said estate on 2nd, 3rd days of November 1827.
EMMONS, Joseph Fleming Co., KY Will Book C p. 437
Dated 14 Sept., 1827 Recorded 1 Oct.,
Son William EMMONS
Son Elijah EMMONS
Dau. Catharine EMMONS
Dau. Anne EMMONS
Dau. Polly DRAKE
Son James EMMONS
Dau. Elizabeth EMMONS
Gr. Son Cadmeil GARRETT
Gr. Son Gamaliel FREEMAN
Gr. Son Garrett FREEMAN
Exec. William EMMONS
Wit. Elias DAVIS, Alexander McROBERTS, Thomas GARDNER