Edwin Ballinger
Contributed by Sue Kirves <kirves@bellsouth.net>
Last Will and Testament
In the name of God Amen. I Edward Ballinger of the County of Barren and State of Kentucky being of sound mind and memory calling unto mind the mortality of my body knowing hat it is appointed unto all men once to die, do make constitute and ordain this my last will and testament. That is to say after all my just debts are paid and funeral expenses are paid I give, bequeath, and dispose of my estate in the following manner and form to wit:
First I give unto my son William Ballinger two thousand dollars which sum is to be made up in cash and cash notes out of my said estate as circumstances may require. Also the one half of my flock of horses, cattle, sheep and hogs with the one half of the household, kitchen, furniture, plantation, and farming utensils each of which articles he is to have the one half and in case my death should happen before the first day of May in any year to come, I give unto my said son William the one half of the crop then growing on my farm or farms. In case my death should come before the first of May in any year to come in that case I give unto my said son William Ballinger the one half of the old crop that may then be o hand either in my cribs, stockyards, smokehouse or in the field or in the fields stacked up as his full share and legacy of my estate.
Secondly, I give and bequeath unto my son Edward Ballinger all the balance of my property as follows, viz: the tract of land whereon I now live containing two hundred acres, one other tract containing seventy-five acres known by the name Brinkom, one other tract containing two hundred acres known by the name of Shortquarter, one other tract containing one hundred acres known by the name of the Post Lick tract, one other tract containing fourteen acres purchased of James Cha(rest of name unreadable), also one other tract purchased of Cosby Duke containing one hundred and seventy five acres with all my slaves namely my man Lewis and Dinah his wife and children namely Ann and her child Logan, Maranda, Maria, Julia, America, Duff, Lot, Alfred, E(unreadable) and Richard Carter. Also Henry and his wife Sarah and their children namely Allen, Jacob, Wills, Phillie, Titus, Mary, Eliza, Oliver, and little Henry with two other man slaves named Fleming and Wally with the one half of my flock of horses, cattle, hogs, and sheep. Also the one half of the household and kitchen furniture, plantation tools and utensils. Also the one half of the growing crop incase my death should happen after the first day of May in any year to come. In case my death should happen before the first day of May in any year to come, in that case I give unto my said son Edward the one half of the old crop that may be on hand at that time either in the cribs, stockyards, or stacked up in the fields or stored in the smoke house to my said son Edward Ballinger and his heirs forever.
And it is my further will and desire that commissioners be appointed by the County Court of Barren to divide between my two children William and Edward Ballinger all the above mentioned property left to be divided and that be no sale made of any of said property so left to be divided.
Lastly I appoint my son Edward Ballinger my sole executor of this my last will and testament ratifying and confirming this and no other to be my last will and testament (unreadable) whereof I have hereunto set my hand and seal this eighth day of March in the year of our Lord one thousand eight hundred and thirty nine
Edward (his mark) Ballinger
Signed, sealed and acknowledged in presence of John King William Dishman F. F. Holder Jesse Smith
I Edward Ballinger Sr. of Barren County and State of Kentucky do make and ordain this as a codicil to my last will and testament to wit: whereas there has been three children slaves born since my last will was rote, it is my will and desire that my son Edward Ballinger Jr. have and own the said slaves namely Sary Elizabeth, Mary Frances, and Harriet Carter. It is also my will that all my effects not disposed of in my will that is to say if there should be any cash or cash notes on hand after the provisions of my is carried into effect the same I will to my son Edward Ballinger. In testimony whereof I have hereunto set my hand and seal this seventy fifth January 1841.
Edward (his mark) Ballinger
Test. William Dishman Jesse Smith Isaac Smith Barren County Sct July Term 1841 The foregoing writing purporting to be the will of Edward Ballinger dec'd was produced in Court and proven by the oath of John King, William Dishman, and Jesse Smith all subscribing witnesses thereto and the codicil was proven by the oath of William Dishman and Jesse Smith whereupon the same was ordered to be recorded as the true last will of Edward Ballinger dec'd. Att I J. Helm BCC |