Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Abbie Tyler Banahan


I, Abbie T. BANAHAN, of St. Helens, Lee County, Kentucky, being of full age, sound mind and memory, do make, publish, an declare this to be my last will and testament, hereby revoking all wills by me heretofore made.

(1)  It is my desire that Mark and Ralph CANN jointly, see to the dividing and settling up of my estate.  At my death Mark will be called first as he is nearest and can get here quickest.  I want my funeral expenses what is necessary paid, (not a costly funeral) use what I have of clothing and prefer a home made coffin.

(2)  I wish my home at St. Helens, Kentucky to be sold to Mark CANN if he wants it, or any of the below named CANN Children at a price set or agreed on between Ralph or Mark CANN.  If none of the Cann Children agree to buy the above said home, then it is to be sold to the person or persons offering the most for it and the money divided into (6) equal parts, Five (5) of which are to go to the CANN Children namely, Salina HALL, Nessie COLLIVER, James CANN, Mark CANN and Ralph CANN.  The sixth part to be given jointly to the Sister and Brother of my late husband, namely Mary and Daniel BANAHAN of 475 Maple Avenue, Lexington, Kentucky, if alive, or the one alive to receive the sixth part.  If neither one alive then the sixth part will be divided equa between the above five named CANN children.  Mark and his wife Eunice can divide my household and personal effects to the (5) CANN children named above, as I direct the___ while I yet live.  Should Mary or Daniel BANAHAN be in need of them Mark CANN will divide a portion of my household and personal effects for them, this because my husband desired them to be helped if necessary, as they helped us in need and sickness.  Also, do not ask them for any money I loaned or gave them.

(3)  After all expenses are paid the balance of my money in the banks or banks and my home is to be divided into six shares, five (5) of these are to go to Sabina HALL, James CANN, Mark CANN, Ralph CANN and Mary and Daniel BANAHAN, jointly, if alive, or the one alive the sam amount as the other four CANN children named above.  The sixth share is to contain ONE HUNDRED DOLLARS ($100.00) more than the other five and is to go to Nessie COLLIVER, should neither Daniel or Mary BANAHAN be living, then their share will be divided equal between the above five CANN children.  To Dr. C. B. CANN, I leave the sum of One Dollar ($1.00 as he has had his share in money borrowed and unpaid.

(4)  I wish my half of the farm of the late Chas. D. TYLER located as given in outline of the Will of the late Chas. D. TYLER to be divided into sic shares between the children of the late Cora L. CANN, namely Sabina HALL, Nessie COLIVER, James CANN, Mark CANN, Ralph CANN, and the sixth share to be sold to Mark CANN at a fair Market price, the proceeds of which to be divided between the children of Dr. C. B. CANN, namely Nesba and Norine CANN, instead of them receiving the___ land.  The money to be put in trust for them for their individual uses, the principal to be given them at the age of 21 years or sooner if Mary and Ralph CANN agrees and thinks they need it.

(5)  There need no security be required of Mark and Ralph CANN in the administration of this Will as I trust them fully.

Dated at Viper, Kentucky, this the 22nd day of August, 1936

Signed Abbie T. BANAHAN

We, B. T. MCDANIEL and Arthur MINARD have hereunto subscribed our names as witnesses to the foregoing will of Abbie T. BANAHAN at the request of the said Abbie T. BANAHAN, who did in our presence sign in her own hand writing the foregoing will, and who acknowledged the same to us to be her last will and testament and we have signed the same as witnesses in her presence and in the presence of each other.
This the 22 day of August 1936

Signed Arthur MINIARD

State of Kentucky
County of Lee
I, Elizabeth MATTOCKS, Clerk Lee Couty Court, certify that the foregoing will of Abbie BANAHAN, was on the this day lodged in my office for record; Whereupon the same with the foregoing and this my certificate have been duly recorded in my said office in Will Book No. 1, Page 357.

Given under my hand this February 14, 1938

Elizabeth MATTOCKS, Clerk

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