(p317) In the name of God Amen
I Obannon A. Kendall of Fleming County Kentucky being of sound mind and disposing memory do make and publish this my last will and testament, hereby revoking all other wills heretofore made by me. First, I will and direct that as soon after my death as is convenient that my executors shall pay all my debts. Second, To John H. Samuel son of R.T. Samuel, I will and bequeath all my right, title and interest in and to a certain tract of land (supposed to contain eighty acres) lying in Howard County, Iowa being one half of the same, the other half of which belongs to R.T. Samuel (Father of the said John H. Samuel). Third: ~ I desire that the remainder of my land in Iowa shall be equally divided among the following persons. To wit: Obannon K. Dearing (son of Robt F. Dearing) Obannon Kendall (Son of H.O. Kendall) both of Fleming County Ky. And Obannon K. Custard of the State of Indiana, the same to be managed for said devises by their parents or guardians. Fourth: ~ I will and bequeath all my estate both real and personal in Kentucky to my beloved wife, Theodosia Kendall to be managed and controlled by her in such a manner as she may deem most prudent. I desire that at the death of my wife all my slaves to wit, Maria and her children and my negro girl Sally shall (p318) be free and that my executors shall appropriate a sufficient amount of money belonging to my estate to defray the expense of their removal from Kentucky should it be necessary to remove them therefrom. Should any of the slaves herein named at any time hereafter become disobedient or be guilty of bad conduct I herein direct that my wife shall have the privilege of selling such disobedient slave or slaves. ~ Should my wife ever marry I direct that my executors shall require good and sufficient security to be given by her husband for the safety protection and proper management of the personal property, and in case of his failing to give satisfactory security I desire the heirs to my estate herinafter mentioned shall take the control and management of said personality. I further will and direct that at the death of my wife all my estate both real and personal, not otherwise herein provided for shall be equally divided among my brothers and sisters or their children and the brothers and sisters of my wife or their children as follows. To James M. Pearce, Rawleigh W. Pearce, Eliza Embry and Louan Holton children of my sister (Miranda Pearce) one share or one ninth part of my estate to Margaret Armstrong and Jane Dudley children of my sister (Betsy Botts) one share or one ninth Francis M. Ward, Adaline Armstrong (wife of S.E. Armstrong) Amanda Hart (wife of Theodore Hart) and my brother Rawleigh Kendall each one ninth part also to Theodore Hart, Alexander Hart and Mary C. Robertson brothers & sisters of my wife each one share or one ninth part of my estate. It being my desire that my brother and sisters and the brothers & sisters of my wife shall receive equal protions of my estate and my Negro woman Maria giving been given to myself & wife by her father without any “Bill of Sale” or written title thereto. Should the brothers and sister of my wife (the children of Elijah Hart deceased) ever lay claim to or obtain possession of said Negro woman (Maria) and her children by virtue of heirship or otherwise, I direct that the value of the slaves so obtained be deducted from the portion of my estate falling to the said brothers and sister of my wife and the same amount equally divided among my brother and sisters or their children. Lastly, I appoint Samuel E Armstrong and Elisha A. Robertson executors of this my last will and testament, investing them or either of them with full powers to carry out the provisions herein contained. In witness whereof I have hereunto subscribed my name this 29th day of October 1862.
(p319) At a court held for Fleming County on the 24th day of November 1862. This writing purporting to be the Last Will and Testament of Obannon A. Kendall Decd was produced in court and proven by the oaths of E. Logan and James Kidwell and ordered to be recorded which with this certificate is duly done.
Att. W.T. Dudley Clk
Submitted by Mickey Teising