(p 578) I Rawleigh Kendall of the County of Fleming and State of Kentucky, Desiring and intending to dispose by my last will of all the Estate of every kind of which I may be owning at my Death do now by this writing constitute and appoint the following to be my last will hereby revoking and annulling all others.
It is my will purpose and desire, That a just equity shall exist among all those entitled by my affections and the Sav. To my Estate and in order to Secure Such equity I have heretofore in giving to my children and Grand children preserved it by giving to each an equal amount and have, evidenced the same by taking from each a receipt for the same. So that at the date of the writing this will they are all equal. And my desire is that when my estate is fully settled All Shall be equal and in order to avoid confusion or doubt I declare the following named Children and Grand Children as my devisces to wit. The four children of my deceased daughter Maranda Pearce that is James M Pearce, Rawleigh W. Pearce, Eliza Embry, and Susan Holten. (p579) The two daughters of my deceased daughter Elizabeth Botts. To wit Margaret Armstrong and Jane Dudley. Obannon A Kendall, Mrs Fanny M Ward, Adaline Armstrong, Amanda Hart and Rawleigh Kendall Junior. That is the four children of Maranda Pearce deceased to have an equal share or one equal one seventh of the whole, divided equally between them, and the two daughters of Elizabeth Botts, deceased to have one seventh part of the whole to be equally divided between them. Adaline Armstrong, one seventh, Amanda Hart, one seventh, Obannion A Kendall, one seventh, Mrs Fanny M Ward, one seventh and Rawleigh Kendall Junior one seventh part of the whole.
It is my will and desire and I so direct that my Executor herein after appointed shall at some early and convenient time after my death sell and convey all of my land either at publick or private sale and in parcels. On such credits, as may at the time of the sale seem best to him dividing the same into such separate tracts as they may deem proper they shall take from the purchaser or purchasers notes with good personal security and retain a lien on the lands to secure the final payment and his deed that of his successor shall invest the purchasers with complete title to the same, and as the annual proceeds of such sale shall have been collected they are to be divided as provided in the first section of this will.
My Executor is directed immediately after my death to cause my entire personal property to be inventoried and appraised – and at such time there after as may in their judgement (not exceeding one year) seem best sell all my household and kitchen furniture, farming utensils and stock of every kind on such credits as they may deem proper. Except that if any one or more of my devisees desire any piece of household furniture my executor is directed to allow them to take the same at its appraised value.
I am now the owner of ten slaves, and it is my will that at my death that they each and all and any increase be free, and by this will I emancipate each and all of them and the increase of any of them, and in as much as the Law of Kentucky will not allow them to be emancipated and remain in this state and not intending my purposes, as to there freedom to be in any manner defected I direct and require my executor to receive fifteen hundred dollars of my funds, must convenient and within his controle and with that sum purchase a tract of land in any state or territory in the United States the laws which will so allow. The same to be purchased in one body and with such reasonable jurisprudence therein as will make it suitable for a home, and he shall take a deed (p580) Conveying the legal title to all of them by means of such as may then be living the same to be held by them as joint tenants and the said deed to contain a clause prohibiting any one of them from selling or conveying their interest in the same to any one other than some one as won of said joint tenants and in order further t carry out this provision of my will, I direct that my executor with the aid advice and assistance of my brother H.O. Kendall shall so seen as said executor shall have purchased the lands aforesaid, proceed to the lands so purchased with all of said emancipated slaves and place them in possession of the same paying all the expences of said so moving them including my executors and H.O. Kendall. Expenses and reasonable compensation to each for their care and labour the same to be paid out of any funds of my estate within the controlle of my executor and on a still further bounty to the slaves emancipated by this will. I direct my executors whom they shall have placed them in possession of the lands in aforesaid. He shall purchase and deliver to them provisions sufficient for one years reasonable support and I further direct that if my executor shall in his search and examination for a home for these emancipated slaves find one in his ___________ suited for the purpose aforesaid of a less cost than fifteen hundred dollars he is not to be confined to that sum but may purchase that and invest the difference in the price and fifteen hundred dollars in such money as he may judge best for them and the execution of my purposes to them.
It is further my will that in as much as all I have or may have at my death, I have made by business prosecuted, in this community I desire and direct my executor in the collection of debts due to me at my death or to become due thereafter to exercise as just and liberal indulgence to those who may owe me, and when even they may deem it best they are directed to renew and extend the time of payment requiring in each case extended the debt to be made safe and secure by the debtor if the same be practible and in order to carry out this purpose my said executor are invested with a liberal discretion which is not to be frustrated by a requirement of any divisee for an early settlement of the estate.
In as much as all I have to dispose of and all I am disposing of by this last will, is the result under providence of many years constant industry and economy. I am particularly desirous that all said estate as I may have at my death to pass under this will (except the negroes emancipated) shall be enjoyed by my children and grand children and the heirs of their body. Should the husband of either of my daughters (p581) or the husbands of either of my grand daughters survive their wives in order to secure this purpose I require that tho their husband of each of my daughters and the husband of each my grand daughter shall execute an obligation obligating themselves to secure by proper conveyance to the children of such daughter or grand daughter a sum either in money or property equal to the sum which they may receive under this will and that those sons in law and grand sons in law and all others may fully comprehend and understand the foregoing requirements of this section of my will. I here declare that it is made from no want or lack of full confidence trust and affection for them or either of them on the contrary for them I have all affection and in there integrity the fullest confidence but the same results from a conviction of justice that my estate should in such event as that provided for be secured to my decendents to the exclusion of all others whatsoever the bond required by the section to be executed by my executor.
And lastly trusting and confiding fully in the integrity and capacity of my son Obannon A Kendall and son in law Samuel E Armstrong I do by this will appoint them executors of this my last will hereby fully investing them or the survivor of them with all the powers requisite to the execution of this will and they are not required to give security. In testimony where of I have this 28th day of June 1860 signed sealed and acknowledged the same as my only last will
Signed Sealed and Acknowledged
In the presence of us Rawleigh Kendall
I Rawleigh Kendall of the County of Fleming and State of Kentucky still being of sound mind and disposing memory do this 30th day of September 1864 Make and ordain and publish the following as a codicle to my will on the preceeding pages and made and attested on the 28th of June 1860. To wit whereas lately on of my servant women named Suellen has been induced to and has left my service and given to a free state now I do by this codicle declare and direct that the said Suellen shall not thereby be deprived of such interest in the provisions of my will aforesaid as she would have secured hereshe continued to serve me but she is to secure just such as she would have secured had she remained with me and in service.
And second where as my son Obannon A Kendall has departed this life since the making my will aforesaid and did without (p582) child or children I now appoint by this codicile as co-executor with my son in law Samuel Armstrong my son Rawleigh Kendall Junior, my son in law Theodore Hart and these three to be executors of this my will and codicile and the survivors of them are now here invested with full powers to carry out all the provisions of my will and this codicile and I again request that my executors as aforesaid be not required to give bond on such. I. confiding fully in this integrity.
In testimony whereof I have this day and date first herein written in the presence of L.W. Andrews HO Kendall and RP Samuel signed and acknowledged the same.
Rawleigh X Kendall
Signed and acknowledged
Before us this 30th Septr 1864
At a court held for Fleming County on the 3rd day of October 1864, this writing purporting to be the last will and testament of Rawleigh Kendall dec’d was produced in court and the principle will was proven by the oaths of SW Andrews, and James Kidwell, subscribing witnesses thereto and the codicile to said will was proven by the oaths of SW Andrews and RP Samuel subscribing witnesses thereto and the same was ordered to be recorded which is duly done.
Attest William F. Dudley