Will of James Fletcher - 1835

State of Kentucky
Garrard County

I, James Fletcher of the county and State aforesaid, being in a bad State of health, but in possession of my proper mind, do make and ordain this my last will and Testament in manner and form following, to wit: First my will and desire is that my body be buried in a plain Christian-like manner.

2nd, I will to my loving wife Sally Fletcher the darling house that I now live in with all other houses attached thereto, with the yard, garden and lots further, one Bay Mare , saddle and bridle, the cow she now milks and choice of two heifers and five head of sheep and the sow and shoats I bought at Thomas Fletcher’s sale, two beds, bedsteads and furniture, and as much of the House hold and Kitchen furniture as she may think proper to keep for her use during her being my widow and the balance to be disposed of.

3rd I will and desire is (sic) that the tract of land that I live on be divided between my son William and my daughter Patsy, as follows: Beginning at__________(sic) the mouth of a Branch Corner to Royal Beazley and thence up a Drain so as to go a strait line to a Black Locust in the field near pond, still a strait line to a Green Beech with a dead one lodged against it, still on to a Beech near the Branch, thence Down said Branch so as to include the mouth of a draw on the other side of the Branch, and take in the top of an Ash where we got Hogheads staves, a strait line to the Back line, I intend to mark the line but if I should not, this will show where I want it. My will is that my son William shall have the part that lies west and up next to the ridge Road and my Daughter Patsy shall have the east part from said line west to the long Branch. But they must pay one Hundred and Fifty cash in three years, fifty Dollars at the end of the year 1837 and fifty at the end of the year 1838 and fifty at the end of the year 1839, which money my will is shall be put out on interest for Thomas Fletcher’s children. My will is that my executors collect a note I hold on Thomas Fletcher for fifty seven Dollars and that also be put on interest as their part of my estate.

And further, after my Death my will is my son William Fletcher and my Daughter Patsy Prather and Willis Prather, for and in consideration of their lands being more than their parts of my estate, they shall equally support in a comfortable manner my loving wife, Sally Fletcher, during her being my widow and if they do not support her in a comfortable manner, my will is that my executors shall rent an Equal portion of their lands such as the executor shall make choice as will support her in a Comfortable manner and further if my Daughter Patsy should die without issue her part to return to my Estate.

4th My will and desire is that my Tract of land in Union County Kentucky be equally divided between my son John Fletcher and my Daughter Elizbeth Clemmans (sic), further if my son John should die without a lawful heir, my will is that my Daughter Elizabeth Clemmans shall have the whole tract of land in Union County to her and her heirs forever.

As to my slaves, my will is that they stay with my wife for her benefit so long as they conduct themselves well, but if they should get contrary or unruly, my will is that my executors shall dispose of them in any way that they may think Proper Just the same as if I was there to dispose of them myself…to such of my personal Estate as did not devised, my will is that it be sold and out of the money arising from that sale, my will is that my son Patterson Fletcher, if he ever comes for it, that he shall have one Hundred dollars, the Balance of my estate that is not devised my will and desire is that it be equally divided between my four children, Patterson, John, James and Elizabeth Clemmons, and further after the death of wife, my will and desire is that all the property that I have given her that remains that it be sold and the money divided between the same four as above stated; and lastly, I constitute and appoint Royal H. Beazley and William Fletcher my executors with power to convey Deeds to my lands to this my last will and Testament declaring all other wills by me made to be void. For Testimony I have subscribed my hand and affixed my seal in my own House this 24th day of February one thousand eight hundred and thirty six.

James Fletcher SEAL

Witness
Royal H. Beazly
Hiram Beazly
William Fletcher

State of Kentucky
Garrard County ) Set (?)

I certify that the foregoing will of James Fletcher was produced to court at the July Term 1836 and Proven by the Oaths of Royal H. Beazley and Hiram Beazley and approved and ordered to be recorded and the same is truly entered of record.

Alex R. McKee, Clerk