Will of Jesse Moore 1778-1858
(Extracted from Branches of Laurel Vol IV, No. 2, transcribed by Jan Sparkman)


In the name of God Amen

I Jesse MOORE being weak in body but of sound and perfect mind and memory blessed be the Almighty God for the same knowing the uncertainty of this mortal life & the certainty of death it having been decreed by Deity himself once for man to die do make and publish this my last will and Testament in manner and form following (to wit)

First it is my will and desire that all my just debts and burial expenses be paid out of the proceeds of the sale of my personal estate for which purpose I desire my executor ________ be appointed to expose to public sale at such time or times and on such terms as they may consider will be conductive __ to the interest of my Devisees hereafter to be named it is also my will and desire that my Executors sell all my landed estate at such time and on such terms as they deem answerable for the interest of my devisees my executor is hereby empowered however to rent my lands and collect the rents for such lengths of time as they see proper previous to sales of them if they think it will advance the interest of my Devisees more than an early sale, it is further my will and desire that my Executors as they collect money from sales of property or rents pay over annually to my devisees their distributable shares until the whole of my estate is wound up and distrubutes.

The first of my devisees is my beloved wife whom I will shall have one third of my entire estate both real and personal after the payments of my debts during her natural life and after that to be equally divided between my children or such of them as is by my will made Devisees or she may elect to take a child's part absolutely or she may elect to take one thousand dollars instead of either of the above specifications and it is my desire that my Executors confer with her after my death to which of the three provisions above named she prefers & if she elects to take a third or child's part I desire that she and my executors agree upon a devision according if they can without the appointment of commissioners to allot her dower;  if however, they cannot agree then I desire that commissioners be appointed forthwith;  if however she elects to accept the one thousand dollars as a preferable provision it is my will and desire that my Executors pay the same over to her out of the first money that may come to their hands as executors of my estate after payment of my debts and that they take her receipt further and have said receipt ___  upon the record of the county.

I then desire that my Executors proceed to execute my will as the residue of my estate as follows, to wit, it is my will that Masiah MOORE my son have my slave Mary and Nancy to serve him and his heirs as slaves during their lives which I deem a full provision for him;  it is my further will and desire that all my children hereafter named shall have an equal division of the residue of my estate not already disposed of by this my will.

To Wit:  Matilda EVANS, Mary MOORE, Mahaly MILLER, Marilda CARRIER, Mariah MOORE, Manerva WEST;  it is however my will and desire that Isaac EVANS who now resides with me have my year old sorrel colt and that it be not taken into consideration by Executors as any part of my estate;  it is further my will & desire that if any part of the land I have deeded to Stephen CARRIER ever be taken from him by a better claim than I have confered upon him tthat each one of my children hereby made devisees pay to him out of their parts herein __ an equal proportion of the loss he may sustain in said land as ___. 

It is lastly my will and desire & I hereby appoint & constitute Fielding PITMAN, Steven CARRIER my son-in-law & C.B. FARIS Executors to execute and carry out this my will and I desire that my said Executors retain as council should they need on W.H. WILSON and that they pay him what is reasonable for his services should they call upon him. 

In Testimony whereof I have hereunto set my hand and seal this 15th of June 1858.

Jesse MOORE  {seal}

Attest

W.B. LANDRUM
Fielding PITMAN
W.H. WILSON

Laurel County Court, July 15th 1858

A writing purporting to be the last will and Testament of Jesse MOORE dec'd was produced to the court and proved by the oath of W.B. LANDRUM, Fielding PITMAN and W. H. WILSON subscribing witnesses thereto whereupon said will is ordered to be admitted to record.

Att: 
C.B. FARIS, clerk
 

Whereas Jesse MOORE late of Laurel County and state of Kentucky departed this life domiciled in the county and state aforesaid having first made and published his last will and testament which was after his death duly proven and admitted to record in the Laurel County Court in which will then is the following clause, to wit:  The first of my Devisees is my beloved wife whom I will shall have one third of my entire estate both real and personal after the payments of my debts during her natural life and after that to be equally divided between my children or such of them as is by my will made devisees or she may elect to take a child's part absolutely or she may elect to take one thousand dollars instead of either of the above specifications:  Now in persuance of the provision of said will, I, Margaret Ann MOORE widow of the said Jesse MOORE do by these presents elect to take under said will the bequest of one thousand dollars in preferance and intead of either of the other provisions made for me by said will.

In witness whereof I have hereunto set my hand this 11th day of June 1859.

Margaret Ann MOORE

State of Kentucky, Laurel County

I Charles B. FARIS, clerk of the county court for the county aforesaid do certify that the foregoing instrument of writing was on the 11th June 1859 produced to me in my office and acknowledged by said Margaret Ann MOORE to be her act and deed whereupon the same has been duly admitted to record in my office.
Given under my hand 21st June 1859
C.B. FARIS, clk.

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