John Franks - Page 364
In the name of God Amen. I, John Franks of the County of Grant and State
of Kentucky being of sound mind and memory for which I desire to be very
thankful, but I know the uncertainty of life and the certainty of death do
make and ordain this my last will and testament hereby revoking all former
wills and testaments whatever.
First, it is my wish and desire that all my just debts and funeral expenses may be paid out of my personal estate so soon after my decease as may be convenient.
Second, desirous that my beloved wife, Elizabeth, may enjoy a competent portion of my estate to render her comfortable and independent; 1st I give and bequeath to her forever my homeplace on which we now live; 2nd, five slaves consisting of Hale, his wife, and their three children; 3rd all my household and kitchen furniture; 4th all my live stock and the farm and farming utensils after paying the debts; 5th I leave Susan and Jane black girls in her care to be hired or returned in the family at the option of my said wife, Elizabeth;
Third, as Polly Smith, my daughter and her husband, James Smith, have received two thousand dollars in land out of my estate, I charge and note that amount as their part in the present distribution among other children.
Fourth, to Eliza Jane Tumlin, my daughter, and Asa Tumlin, I charge and not in land fifteen hundred dollars received as their part.
Fifth, to Abram Franks, my son, two thousand dollars in land received as a portion.
Sixth, to George W. Franks, my son, $4000 in land.
Seventh, to Barnet S. Franks, my son, I leave fifty dollars to be paid out of my personal estate he having heretofore received a sufficient portion.
Eighth, to Isaac R. Franks, my son, I charge and not two thousand dollars in land received.
Ninth, Susannah Conier, my daughter and Perry Conier her husband, I allow fifteen hundred dollars in land out of my land estate.
Tenth, William H. Franks, my grandson and child of my daughter, Nancy, deceased, and her husband, Vardeman Franks, to said William M. Franks when he arrives at 21 years, I allow two thousand dollars in cash or out of my landed property and if he should die in infancy or without ____ the legacy is to revert to my heirs and to be his entire portion.
Eleventh, all other lands not heretofore conveyed or disposed of by this will and when the ____ are settled I wish and direct to be divided equally among my children and any interest that might fall on a division to my son Barnet S. Franks is to be in trust for his children.
Twelfth, I request and desire that my wife, Elizabeth and my eldest son, Abram Franks be executors of this my last will and testament and that no surety be required for the executorship and that they use their discretion in having a sale.
Thirteenth, This is to certify that I, John Franks, desires that my daughter, Eliza Jane Tomlin and Susannah Conyers my daughter is to receive five hundred dollars each to make them equal with the other ___. In testimony hereof I sign, seal and publish the above as my last will and testament in the presence of A. R. Walker, W. M. Venable, John Carnes on July 14, 1849. John Franks.
State of Kentucky Grant County Court July Term
1851.
This last will and testament of John Franks, dec'd, was produced in open
court at the term above stated and proven by the oaths of Adam R. Walker
and John Carnes, two subscribing witnesses thereto which is ordered to be
recorded whereupon the same is duly admitted to record in my office, given
under my hand this 7th day of August 1851. H. Woodyard, Clerk
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