Know all men by these presents that I James Scrivner being old & infirm of body, but of sound & disposing mind & memory & considering of the uncertainty of life & the absolute certainty of death & wishing to arrange all my worldly concerns, do make, constitute & publish the following as my last will and testament; Viz.

1st, it is my will & wish that all my just debts & funeral expenses to be paid out of my estate if I should owe any at my death.

2nd, it is my will & wish that should my wife Susannah Scrivner survive me, that she have & occupy the farm and appurtenances whereon we now reside also two horse beasts, two cows & calves, ten head of sheep, four choice beds, bedsteads and furniture and whatever other household and kitchen furniture she may stand in need of and such farming tools as may be necessary for carrying on the farm. She is also to have a reasonable share of hogs and poultry of every kind all of which I give and bequeath to her for the support of her and my daughter Sally Scrivner and my son James Scrivner for and during the natural life of my sd wife it is my will & wish that my sd daughter and my sd son James remain and reside with their mother during her life.

3rd, it is my will and wish that my son Benjamin E. have no further portion of my estate as I have advanced to him and for him greatly more than I shall have for each of my other children.

4th, it is my will and wish that my daughter Sally and my son James have have out of my estate the sum of one hundred dollars to be set apart in the hands of my Executors (as herein after named) and the proceeds of sum to be appropriated for their benefit their needs may require during their natural lives and at their death whatever is remaining of sd sum is to revert to my other legatees as herein after mentioned.

5th, it is my will and wish and I do hereby bequeath to my son John L. Scrivner, my daughter Nancy Warford and my daughter Polly Hamilton all the balance of my estate, both real and personal, including the portions herein devised to my wife to go to them at her death the before named legatees are to be made equal upon the following time, to wit, I have heretofore advanced to the husband of my daughter Polly Hamilton sixteen hundred dollars which sum she is hereby charged as an advancement I have also advanced to my son John L. Scrivner one thousand dollars which he is hereby charged with in the way of advancements I have also advanced to the husband of my daughter Nancy Warford five hundred dollars which she is hereby charged with in the way of advancements and should my estate be sufficient to make my other named legatees equal or over the amount of my daughter Polly's advancement after taking out the sum set apart for the benefit of my daughter Sally and my son James then and in that event my daughter Polly Hamilton is to come in for her due proportion of whatever may be remaining.

6th, it is my will and wish that my Executors immediately after my death or as soon as may be convenient to make a sale and sell off all my property both real and personal except that portion which is herein devised to my wife and also except the two fifty acre tracts of woodland one patented to myself and the other patented in the name of Andrew Hendricks both of which is hereby attached to the devise of my wife and is to be considered as part of the home farm. It is my will and wish that one hundred dollars of the portion set apart to my daughter Sally be appropriated to the benefit of her daughter Mourning, upon the following conditions to wit my said Executors is to retain one hundred dollars out of sd portions (that is to say Sally) is to have the use of $400- out of the one thousand set apart for her and James and James's $500. and Mourning $100- provided she the sd Mourning should not intermarry with a slave; but if she does so intermarry or die without marrying then said $100 is to revert to my three other legatees to wit Polly Hamilton, Nancy Warford and John L. Scrivner. It is my will and wish that the portion herein set apart for my daughter Sally, Mourning, and my son James be safely kept at interest and for them to only receive the interest so long as they are able to support themselves by their labors and the interest only to be used as their necessities may require. I do hereby constitute my son John L. Scrivner, my son-in-law Harvey Hamilton and my grandson James Warford my Executors to carry this my last will into effect and that they be required to give bond with sufficient security for the faithful performance of their duty. Given under my hand this 5th day of June 1851.

Jas. Scrivner
Witness
A. W. Quinn
Saml. J. Tudor

Estill County Court July 27, 1858
This day Harvey Hamilton produced to the Court a paper purporting to be the last will and testament of James Scrivner deceased which was proven by the Oaths of A. W. Quinn and Samuel J. Tudor the subscribing witnesses thereto to be the last will and testament of James Scrivner deceased whereupon the same was ordered to be recorded.

Attest Thos. H. Carson clerk
by C. C. Bell D C E C
_________________________________________________________

Court Order book pg 260 year 1858
At a special Court began and held at the Courthouse in Irvine on the 27th day of July 1858 present Hon A. W. Quinn D E C C
This day came day Harvey Hamilton one of the Executors of James Scrivner dec'd and produced a paper purporting to be the last will of James Scrivner dec'd which was proven by the Oaths of A. W. Quinn and Samuel J. Tudor to be the last will and testament of James Scrivner dec'd. The said Quinn and Tudor being the subscribing witnesses to said will whereupon Harvey Hamilton, James L. Scrivner, and James S. Warford Executors of said will took the oath prescribed by law together with Wm. T. Moore, Nancy Warford, and Wm. P. Noland as their sureties entered into and acknowledged a covenant conditioned according to law.
On motion of the Executors of James Scrivner ordered that D. B. Williams, ______ D. Park, and Wm. T. Moore be appointed to appraise and inventory the personal estate and slaves of said decedent.

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Court Order book 1859 pg 313 Estill Co
February Term 21st 1859: This day came the Executors of James Scrivner dec'd and filed inventory of said decedent's estate, which is received by the Court and ordered to be recorded.
This day the Executors of James Scrivner dec'd and filed sale bill of said decedent's estate, which is received by the Court and ordered to be recorded.


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Estill County Order Book P page 501

October Term Nov 5th 1858


James Scrivner Exor's Plff
vs
James Scrivners Heirs &c. Defts

by consent R W Smith is appointed attorney to defend in this action for the defendant James Scrivner the court further alleges that Morton M Price be appointed commissioner herein to take the jury Exors motion of Polly Harrington Deft and he will report his acts to the court & plff hence have ______ to file an amended petition which is advised

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Estill County Order Book P page 507

October Term Nov 6th 1858

James Scrivner Exor's Plff
vs
James Scrivners Heirs &c. Defts

This day came Morton M Price the commissioner appointed herein to take the ___________ examination of Defendant Polly Hamilton herein and produced and filed his report of said examination together with the answer of Deft Polly Hamilton which is notice of record.