Contributed by Jim Garner
WILL OF VINCENT GARNER, SR.

Recorded Will Book 3-B, page 1297, Pulaski County, Kentucky (Does NOT appear in the index for wills)

Note: The first line, and possibly the top two lines, are completely illegible on the photocopy I have. The top of the page in the original will book is somewhat crumbled and has been taped. The transcription below picks up just past midway of the second (?third) line.

...............................of the (??)perishable part of my estate be immediately sold after my decease and all my just debts & funeral expenses paid. 2ndly after the payment of all my just debts & funeral expenses, I give to my wife Pernety Garner and her children, to wit, Thomas Garner, Howard W. Garner, Leeroy Garner, Elizabeth B. Garner & Ebenezer Thompson Garner all my estate both real personal and mixed and that my wife Pernety Garner for the use and benefit of herself and said children, have the control and profits & proceeds of my estate during her widowhood subject to the following restrictions, to wit, that she educate said children in a reasonably good manner and retain all my slaves on the premises unless they should refuse to be controlled by her and in that case she may hire them out under the same restrictions as an Administrator and her and said children be entitled to the hire of the same. 3rdly I desire that my wife Pernety Garner, who I herein after appoint my executrix, be authorized and I hereby authorize her to sell any and or all of my slaves if in the opinion of the County Court at any time the real interest of the widow and infant heirs require the sale to be made upon due proof them adduced alleging the slave or slaves cannot be controlled by her nor by the person to whom she may hire them, the said sale if made to be made agreeable to the (?)order of the County Court not interfering with the provisions of the will. 4thly I desire and require my wife Pernety Garner to advance to each one of the five children herein named that may marry or arrive to the age of 21 years during her widowhood, a sum in property to the amount of one hundred dollars worth, suitable to their circumstances or in money at her election, and the same to be charged them as so much advanced out of their part of the estate. And lastly I do hereby constitute and appoint my wife Pernety Garner executrix of this my last will and testament hereby revoking all other or former wills or testaments by me heretofore made in witness whereof I have hereto set my hand and affixed my sealthis 16th day of February 1849.

/s/ Vincent Garner

{seal}

Signed sealed & published and delivered as and for the last will and testament of the above named Vincent Garner Sr. in presence of us. Wm. Starnes, M. Sutton.

 

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