Will of Lewis Summers

Will Book M page 13

I Lewis Summers of the county of Fleming and State of Kentucky being now over seventy years old but being of sound mind and memory and being desirous to dispose of all my estate by last will do constitute and appoint the following to be such last will and testament

To wit

First I direct that four rod square around the burying ground be set off and by my executor at an early convenient day cause to be enclosed forty feet square with a good iron fence made secure and lasting and that the expense be paid out of any money in the hands of my executor and I direct that said four rods square be forever held and pass to my descendants as a perpetual burying ground and that for all time a right of way to and from the same is and shall be reserved through my other lands

Second I direct that I be myself buried in the aforesaid grave yard

Third I direct that my executor pay all my just debts and funeral expenses

Fourth I devise to my Lewis Henry Summers all that portion of my home farm situate on the south of the pond leading from the town of Flemingsburg to Metcalfs old mill and for all of said farm west of the old Mudlick Pond he shall pay as herein after directed fifty dollars per acre and for all that portion which is east of the Old Mudlick Pond he shall forty five dollars per acre and said Lewis Henry is to have all the carpets on the floor and window blinds and curtains. I also devise to said son Leis Henry Summers Negro man Jess for which he shall pay the sum of one thousand dollars and deducting Lewis interest of on sixth of my estate he shall pay for said land in four payments, on forth in six months after my death, and the balance in one ,two and three years after the first payment is made. He shall execute his notes for the same to the parties in interest to wit George C. Summers, to Fanny L. Early, Jane R. Planchk, Walter W. Summers, and to the children of my deceased son William C. Summers or their guardian

Fifth and I direct my executor herein after named to sell and convey all the balance of my land on the north side of the Flemingsburg and Metcalfs Mill Pond. He shall sell the same on such credits and in such lotts as he may deem most prudent

Sixth I direct that my executor sell all my slaves except Jess devised as aforesaid to Lewis Henry Summers and none to be sold to Negro traders and I direct that Mima and he youngest child be sold together, the said Mima to have the privilege of selecting her master provided such person selected being willing to pay a reasonable price and Jo is to have the same privilege as Mima and on same terms and Mary and her youngest to have the same privilege of mima and Jo. The balance I desire to be sold to food and humane masters, residing in the county

Seventh I desire that if my children can conveniently divide my household furniture among themselves that they do so, if not that my executor sell the same and all my stock, farming utensils on a reasonable credit

Eighth I devise to my grandchildren Joseph A. Summers, Lewis J. Summers William H. Summers, Mary A. E. Summers, David D. Summers, Sarah A. Summers, Peter W. Summers and James B. Summers, children of my son William C. Summers all that tract of land situate in Hamilton County Indiana being north west quarter, in section six, in township twenty North of range four east in the district of lands sold at Indianapolis and the same conveyed to me by John Stevson they my said grand children to have and to hold the same forever subject to a life estate of their mother Elvira Summers who is to use the same so long as she remains the widow of my son William C. Summers and the same not to be sold until the youngest attain full age, and they are to account in the division of my estate for the same at the price of sixteen hundred dollars, that being the sum I paid for it.

Ninth I devise all of my estate to be equally divided between my five living children and the children of my deceased son William C. Summers to wit To my daughter Fanny L. Early, one sixth, to the children of my deceased son William C. Summers, one sixth to my son George C. Summers, one sixth to my daughter Jane R. Planck, one sixth to my son Walter W. Summers, one sixth and to my son Lewis Henry Summers on sixth and each are to account for the sums heretofore advanced them and William C’s children to account in addition to the sums advanced their father. Eighty five dollars paid Scot mcKibbon for the advances heretofore made to each one evidenced by receipts and should I make further advances before my death they will be accounted for as aforesaid.

Tenth As to the devise to Lewis Henry Summers, of the lands and Negro man he shall execute his notes after deducting one sixth of the entire sum to my other devises to each on sixth.

Lastly I appoint my son George C. Summers my executor of my estate hereby giving him full power and authority to execute the same and I hereby revoke and annul all former wills heretofore mad

In testimony whereof I have this 3rd day of December 1859 set my hand and seal

Lewis Summers (seal)

Signed sealed and acknowledged in the presence of us

L. W. Andrews

Obid P. Nute

I Lewis Summers of the county of Fleming having on the 3rd day of December 1859 made my will as appears on the foregoing sheets to which on due reflection I add the following as a codicil it will be seen that I have devised to my son Lewis Henry Summers portions of my home farm and slave named Jess at prices per acre for the land and one thousand dollars for the slave now these prices may or may not at the time of my death be just and to prevent injustice I revoke so much of said will as fixes the price of the land and slave and do now direct that at my death the county Judge of Fleming County Court shall appoint three disinterested commissioners who after being sworn shall value the land devised to Lewis Henry Summers and value slave Jess and their valuation of each shall be the sum at which said Lewis Henry is to take said land & slave and the one sixth of that valuation I devise to him and five sixths to my other devises to be paid for as directed in the body of my will and on testament of other advances and other portions of my estate all is to be divided and apportioned as is directed in my said will In witness whereof I have this 29th day of August 1861 set my hand and seal

Lewis Summers (seal)

Acknowledged in the presence of us

L.W. Andrews

L. B. Cox

I Lewis Summers make and constitute the following as a second codicil to my last will, to wit I devise and direct that out of my estate, that my brother James Summers have a decent support and maintaince and a home with my son Lewis H. Summers so long as said James may live, and a Christian burial at his James’ oath and in order to secure and indemnify my son Lewis H. Summers I direct that each of my devises contribute equally to the same. Lewis h. Summers included and my executor shall before paying to any or either devisee shall take a bond from each with good security. Obligating each to pay to Lewis H. Summers their equal share or proportion of the proper support of my brother James. In testimony whereof I have his 15th day Novr 1861 set my hand and seal

Lewis Summers (seal)

Signed and sealed and acknowledged in the presence of us

L. W. Andrews

Ruby S, Porter

I Lewis Summers of the county of Fleming on due reflection I make and constitute the following as a third codicil to my last will. I revoke so much of said will as authorized my executor to have an iron fence built forty foot square around my grave yard that is named in the fore part of said will, and it is my wish that my children have the following articles to my son Geo C. Summers, my gold spocks to my son Walter W. Summers my Silver Watch, I give to my daughter Fanny L. Early her choice of one set of my desert of silver tea spoons and Jane R. Planck the other set I give to my son Lewis henry Summers my silver Table spoons also the old cane bottom and back rocking chair shorhen & tillet in witness whereof I have this 33 day of September 1862 set my hand and seal.

Lewis Summers (seal)Signed sealed and acknowledged in the presence of us

(no names written)

I Lewis Summers of the county of Fleming do by this writing constitute the following as an additional codicil to my last will and first I modify my will so as to require Mima and her two youngest children named Ann and William be sold together and to the same purchaser

And second my brother James having since the writing and publication of the codicil as to him deceased I revoke now by this codicil all of the same in reference to him and having on the 22nd day of September 1862 in my own proper hand made an additional codicil I do now republish the same. In witness whereof I have this 17th day of September 1863 set my hand in the presence of

LW Andrews

Roly J. Porter

Lewis Summers

Fleming Count Sct

At a court held for Fleming County on the 6th day of March 1865. This writing purporting to be the last will and testament of Lewis Summers dec’d was produced in court and the principle will was proven by the oath of O. P. Nute a subscribing witness thereto said O.P.Nute also proved the attestation of LW Andrews also a witness to the principle will and the 1st codicil was proven by the oath of L.B. Cox a subscribing witness thereto who proved the attestation of L.W. Andrews a witness to said 1st Codicil and the 2nd codicil was proven by the oath of R.S. Porter a subscribing witness thereto who proved the attestation of L.W. Andrews a witness to said 2nd codicil and the 3rd codicil and the signature thereto were proven to be in the hand writing of the testator by the oath of R. S. Porter and the 4th codicil was proven by the oath of R. S. Porter a witness thereto said Porter also proved the handwriting of L.W. Andrews also a witness to said 4th codicil and said will & codicils were ordered to be recorded which is duly done

Attest W. T. Dudley clerk

Submitted by Renee Schaeffer