William Walton Cobb

Last Will & Testament

Green County, Kentucky

1839

 

 

Will of William Walton Cobb, 6 September 1839.

 

In the name of God Amen-I William W. Cobb of the State of Kentucky and County

of Green being in a low state of health and weak in body but of disposing

mind and memory and calling to mind my mortality do make, constitute and

ordain this my last will and testament hereby revoking and disanulling all

wills by me heretofore made and first of all when it shall please God to

remove me from this world by death I commend my body to the earth from whence

it came to be buried in decent Christian manner at the discretion of my

friends and my soul to God who gave it and as regards the substance wherewith

it hath pleased God to bless me it is my will and desire that it shall be

disposed of as follows (towit)

 

First.  At my death, it is my desire that all my just debts if any; shall be

paid & funeral expenses. 

 

Second, it is my will and desire that my children Sarah Cobb, Thomas W. Cobb

and Mary Sophia Cobb, have and enjoy the following named slaves (towit)

Fanny, Harriet, Anne and Mariah Jane and their increase, also Henry, also

$900.00 In cash, the above property and money to be equally divided among

them.  They are also to have in equal share of the other property over and

above the above named money and property.

 

Third, it is my will and desire that my daughter Margaret Smith have and

enjoy the property which I have heretofore given her towit, a Negro girl

named Peggy at $200.00, bed at $30.00, a horse at $30.00, a cow & calf at

$10.00, sow and pigs at $5.00 and kitchen furniture at $5.00 and an equal

share of my other property.  Fourth, it is my desire that my daughter Tarusa

Anne Ship retain the Negro boy which I have given her at $251.00 also a bed

at $30.00, horse at $30.00, a cow and calf at $10.00, a sow and pigs at $5.00

also kitchen furniture at $5.00, also an equal share of my other property.

 

Fifth, it is my desire that my daughter Behathaland Jane Brown shall retain

the two horses which I have given her at $70.00 for the two, also a bed at

$30.00, cow and calf at $10.00, a sow and pigs at $5.00 and kitchen furniture

at $5.00 also she is to have an equal share of my other property.

 

Sixth, it is my desire that my son George Cobb retain the horse which I have

given him at $45.00, also that he is to have $100.00 and all my wearing

apparel at my death which $100.00 and the wearing apparel is to be charged to

him  but is intended as a consideration for his tender treatment towards me

during my sickness, he is also to have an equal share of my other property.

 

Seventh, it my desire that my daughter Frances Catherine Gardner retain the

property which I have given her and which she has in possession at $100.50

also at my death one dollar in full of all my estate. provided if said

Frances and her husband William Gardner shall during my life come forward and

give me full satisfaction for their undutiful conduct towards me then in that

case said Frances is to have an equal share of my other property, but not

otherwise.

 

Eighth it is my will and desire that at my death the whole of my estate not

herein otherwise disposed of real personal and misc. shall be sold by my

Executor herein after named and that the proceeds thereof, after the payments

of all debts charges & funeral expenses, shall be so divided that each of my

children shall have an equal share of my whole estate, taking into

consideration what they have already had as above stated ________ and

excepting that my three children Sarah Anne, Thomas W. and Mary Sophia are to

have all the property and money which I have given them in the second item

above, without being chargeable _______, also that George Cobb is not in the

division to be charged with the $100.00 and my wearing apparel as stated in

6th item above.  And with the exception of Frances as above. 

 

Ninth, it is my desire and I wish it so understood that all the estate above

willed to all my daughters be entailed that it is willed to them, and their

children that now are or which may hereafter be borne by them, but their

receipts that is the receipts of my daughters to my Executor herein after

named, shall be good and valid for their respective portions.

 

Tenth, it is my will and desire that my friend Horatio Chandler be the sole

executor of my last will and testament.  In testimony whereof I hereto affix

my seal and set my hand this 15th day of July 1839

 

signed sealed                       Wm. W. Cobb          Seal

and delivered in presence of James C. Smith

        His Mark

John   X  M. Smith

George M. Johnston

Henry H. Shofner

 

 

 

 

 

 

 

Codicil

 

I Wm. W. Cobb being still weak in body but through the blessing of God of

disposing mind and memory do this day (by way of codicil) so far change the

above will by me made on the 15th day of July last.  That the seventh item

thereof shall be corrected as follows to wit.  That an equal portion of my

estate real personal and misc. shall be reserved by my executor and by him

placed in the hands of my sons-in-law Coleby Ship and John Brown or either of

them and that they or either of them in whose hands said money shall be

placed shall annually place the interest thereof in the hands of my daughter

Frances Catharine Gardner for the use and benefit of her and her children and

that the principal thereof at her death shall be equally divided among all

her children which may then be alive.  The portion of each is to be placed in

his or her hands or as they may respectively arrive at the age of 21 years

together with the interest which may accrue thereon from the time of their

mothers death until they or any of them shall arrive at the age of 21 years

or should any child of hers marry previous to arriving at the age of 21 years

such child shall then be entitled to receive his or her portion.  In

testament whereof I hereunto affix my seal and set my hand this sixth day of

September 1839

Signed in presence                  Wm. W. Cobb        seal

James C. Smith

George M. Johnston

           His Mark

John      X    M. Smith

 

Kentucky Green County at a County Court held for Green County at the

courthouse in Greensburg on the 14th day of September 1839.

 

This last will and testament of Wm. W. Cobb Deed was returned into court and

proven by the oath of James C. Smith and George M. Johnston who Subscribing

thereto to have been signed sealed and delivered by the said Cobb as his last

will and testament and that at the time of signing the same they believed

that he was in his perfect mind and memory and the codicil thereto annexed

was proven in like manner by the same witnesses and they are ordered to

record and they together with the certificate are truly recorded in my office

given under my hand this 21st day of September 1839

 

                            Jno Banet esq.  (?)


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