Will of Joseph Peyton, Esq., Jessamine Co.,. Ky.
January, 1846
Book G. -- Wills -- pgs. 349, 363, 365
In the name of God, Amen, I, Joseph Peyton, Senior, of the County of Jessamine
and State of Kentucky, being of sound mind and memory but in decline of life do
make, publish, and declare this my last will and Testament.
Item I - I desire that all my just debts and funeral expenses be paid.
Item II - I will and desire at my death that my Farm and all the appurtenance
theretor belonging whereon I now live, go to my son, Joseph Peyton, Jr. and
belong to him and his heirs forever, and maintain my wife Elizabeth (Miller,
Jones) during her life should she survive me, for her dower interest in said
tract of land, but in event my said wife should prefer taking her dower then and
in that case, my said son Joseph is released from her maintainance and at her
death said dower shall in this event to go to my said son Joseph, he having been
in my employ in working for, and taking care of myself and wife for about nine
years and attending to my business of every description for which I have given
him my said farm and it is to be in full dischage of all claims he has against
me on that account and he is still to live with, to attend to my business and
take care of myself and wife during my life and during the time above specified
- and hereafter during my life and that my said son has or may sell off of my
farm after our maintainance, he is not to be accountable in any way hereafter to
my other heirs, and it is my will and desire that my son, Joseph, pay all my
just debts after my death and funeral expenses.
Item III - It is my will that my son Joseph retain and holds his 3 horses that
he has now on my farm free of my estate and to do with as he plases, also he is
to have my patent bedstead, one bed and furniture after my death and if my death
should take place any year after the crop is put in, he is to have the same
after the maintainance of myself and wife, but to have no more of my estate
after the above devises.
Item IV - It is my will and desire that after my death that my servan man Phil
is to be free from my heirs and all the other person for his faithful servitude
to myself and family but is my death should take place any year after the crop
has been put in, then and in that case my servant Phil is to serve my son Joseph
during the balance of said year in attending said crop and gathering the same
and then to be free and his own man forever after.
Item V - It is my will and desire that all my other property of every
description consisting of household and kitchen furniture, farming utensil, and
stock of every kind which I may have on hand at my death be sold by my Executors
hereafter named on such a credit as my said Executors may think best and the
proceeds thereof be divided between my children and grandchildren as follows to
wit:
To the children of my daughter, Olivy Hulett receive 1/9th part to be equally
divided between them.
To my daughters Nancy Caldwell, Mary Hulett, Emily Hulett, Lucy Ann Springer,
Pheby Marbaugh, Mary Jones, and Sarah Caryll and to my son Zachariah Peyton
1/9th part each to them and their heirs forever.
To my daughter Mariah McKee, wife of David McKee, who has died without issue and
to my son Thomas Peyton, I will nothing having provided and given to them
heretofore all I intend to give - they are to have no more of my estate - - -
Item VI - - And lastly, I do hereby nominate, constitute and appoint my said
sons Joseph Peyton, Jr. and Zachariah Peyton, Executors of this my last will and
testament. In witness whereof I have hereunto set my hand and affixed my seal
this 15th day of January, 1846.
Witness:
William L. Scott
Benjamin Mitchell
State of Kentucky, Jessamine County, set June term 1847.
I, Dan B. Price, clerk of the county court for this county aforesaid do certify
that the writing was at this term produced in court and proven by the oath of
Wm. L. Scott and Benjamin Mitchell the subscribing witness thereto, to be the
last will and testament of Joseph Peyton, Sr., Dec'd and ordered to be recorded
which is done.
Att. Daniel B. Price
C.J.CC
Book H. --- p. 357
Settlement and payment of previous made will to heirs of which Martha Peyton
Jones received $45.50 (being number 10 recepient) 3/18/1852
[Contributed by Ann Baughman]
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