Terhune, Daniel Will (spelling and grammar preserved)

Book B, Page 306

In the name of God amen I Daniel Terhune of the county of Fleming and Commonwealth of Kentucky, being of sound and disposing mind and memory do constitute this my last will and testament, revoking all other wills & Testaments by me heretofore made.

Imprimis[?], I will that my body be buried with Christian decency at the discretion of my Executors herein after named. And as to my worldly Estate, I will that my funeral charges & just debts be first paid and discharged.  Item. In the event of my wife Ann surviving me, I give and bequeath to her the use of all my estate both real and personal for and during the whole term of her natural life.  And I direct that no security shall be required of her for the return of any part of my estate at her decease.  Item. After the decease of my wife, my will is that the whole of my Estate by real and personal, Shall be by my Executors sold for cash, at their discretion, Either for cash in hand or on a credit, for the best price that can be had, and the proceeds thereof I will and bequeath in the following manner. First of all, I will that the sum of the Twenty five dollars, which I devote to the Lord, be paid over to the Trustees of Centre College, for the Synod of Kentucky to be by them disposed of at pleasure. Next I give and bequeath to my son in law William Williamson Five dollars. Item. It is my will that Equal and Exact distribution of my Estate be made among my children. Several of whom have married and received of me an outfit in advance of about One hundred dollars Each. Now in the first place, I will and bequeath to Each of my children, William, Abraham and Magaka who are not married and have not received of me an outfit as aforesaid the sum of One hundred dollars, and a horse of ordinary value to them their heirs and assigns forever- And the ballance of the proceeds of the sale of my Estate I will and bequeath in the following manner-

It shall be divided into thirteen equal parts, five of which equal parts, I give and bequeath to Each of my children namely, Margaret Lee, Mary Matthews, Samuel William, Magaca, and Abraham.  To them their heirs and assigns forever, and I give and bequeath to my Grandson William Ann Williamson the other one Equal thirteenth part to him his heirs and assigns forever, provided that he the said William Ann Williamson should live to arrive at the age of Twenty one years, or dying previous to that time should have lawful issue. But should he die in minority or without lawfull issue then my will is that all that part willed to him shall descend to and be equally divided among my own immediate offspring or their heirs and belong to them and their heirs forever.

Item. I do hereby constitute and appoint my three sons, Samuel, William and Abraham Executors, to this my last will and testament whom I do hereby authorise to convey any real estate to the purchaser or purchasers thereof.

In witness whereof I have here unto set my hand and seal this 6 day of September day of September in the year of our Lord One Thousand Eight hundred and twenty Eight September 6th.

Daniel Terhune {Seal}

signed, sealed, published and 

acknowledged in the presence of

us as his last will and testament

Test.     Saml Park

            Charles Beal

On further reflection, I will and bequeath to my daughter Majaca the bedstead, bed, bedding & bureau which she has used & now uses as her own, in addition to the bequest heretofore made in the above instrument to her, and with the addition now made as just expressed. I acknowledge this entire document to be my last will & Testament

In witness whereof I hereunto set my hand this twenty Eighth day of September 18 hundred & thirty

Daniel Terhune

attest

J.E. McDowell

Andrew Todd

At a Court held for Fleming County on the 27th day of Febry 1843. This writing purporting to be the last will and testament of Dan'l Terhune dec'd was produced in Court and proven by the oath of J.E. McDowell a subscribing witness thereto, Who also proved the attestation of Andrew Todd another subscribing witness thereto to be the will of s'd Dan'l Terhune. And ordered to be recorded Which is done

Att

W. T. Dudley Clk  

Submitted by Linda Pereira