Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Chester Gourley


State of Flordia [sic]
County of Dade
Before Me, the undersigned authority, personally appeared, Clarence MILLER, who after being by me first duly sworn, deposes and says:

That he is a practicing sttorney of Irvine, Kentucky, and is the brother of Virginia M. GOURLEY, widow of Chester GOURLEY, deceased.
That he has known the said Chester GOURLEY intimately for Thirty (30) years and has had business transactions with hime and has had correspondence over a period of years with teh said Chester GOURLEY, in his own hand writing, and that, therefore he is familiar with the said hand writing of the said Chester GOURLEY.
This Affiant further states that he has examined the holographic Will executed by the said Chester GOURLEY under date of May 9th, 1918, and attached to an affidavit of Virginia M. GOURLEY as Exhibit "A", And to this affiants knowledge, the said Will is, in the opinion of this Affiant, in the hand writing of the said Chester GOURLEY.
And further Affiant saith Not.

Clarence MILLER

Subscribed And sworn to before me this 22nd day of August, A. D. 1939.

Margie NICODEMUS
Notary Public
State of Flordia [sic] at Large
My Commission expires
Sept. 3 1940
{N. P. Seal}

State of Flordia [sic]
County of Dade
Before Me, the undersigned authority personally appeared, Virginia M. GOURLEY, who after being by me first duly sworn, desposes and says:

That she is the widow of Chester GOURLEY deceased, who died testate in the city of Coral Gables, Flordia, [sic] On August 3rd, 1939;
That she was in the presence of the said Chester GOURLEY on the 9th day of May 1918, when he wrote his Last Will and Testament in Lexington, Kentucky.
That the said Chester GOURLEY stated to this affiant that said instruement was his Last Will and Testament and thereupon hand said instruement to this affiant who had held it in her possession since that date and that to the knowledge of this affiant there has been no Other Will executed by the Chester GOURLEY.
This affiant attaches said holographic will to this affidavit as Exhibit "A" and offers same to the court as the Last Will and Testament of the said Chester GOURLEY deceased.
And further Affiant saith Not.

Virginia M. GOURLEY

Subscribed And sworn to before me this 22nd day of August, A. D. 1939.

Margie NICODEMUS
Notary Public
State of Flordia [sic]
My Commison expires
Sept. 3 - 1940
{N. P. Seal}

Law Offices of Chester GOURLEY
Jackson, Ky.

I make this as my Last Will and Will all I possess to my wife Virignia MILLER GOURLEY and appoint her my executrix without bond.

Written in my own hand this 9th day of May 1918.

Chester GOURLEY

The foregoing instruement was filed August 23, 1939 and duly recorded and vertified in record of Wills Book 70, Page 261.

W. F. BLANTON, County Judge
By Gladys V. SULLIVAN, Clerk
{C. J. Seal}

In the county Judge's Court in and For Dade County Flordia [sic]
In Probate No. 10614

In the Matter of the Estate of Chester GOURLEY, Deceased
Petition For Probate of Will

To the Honorable W. F. BLANTON, Judge of said Court:
Your petitioner, Virginia M. GOURLEY, whose residence is 3015 Granda Boulevard, Coral Gables, Flordia [sic], and whose post office address is the same, would respectfully show unto this Honorable Court:

First, That Chester GOURLEY died at Coral Gables, Flordia, [sic] On the 3rd day of August, A. D. 1939 and at the time of his death was domiciled at 3015 Granda Boulevard, Coral Gables, Flordia [sic] and was a residenct of Coral Gables, Dade County, Flordia, [sic] and was 58 years of age;  and at the time of his death was seized and possessed of a certain estate, situate and being in Flordia [sic] and Kentucky which to the best of petitioner's knowledge consists of real estate and personal property in excess of Five Thousand Dollars ($5,000.00).

Second:  That the surviving heir at law of the said decedent is your petitioner, Virginia M. GOURLEY, wife of the decedent, Whose age is 49 years and who resides at 3015 Granda Boulevard, Coral Gables, Flordia. [sic]

Third:  That the said decedent died leaving a Last Will and Testament dated the 9th day of May 1918, which will, however was not witnesses but which will was executed in the presence of your petitioner and held by the decedent in his personal papers subsequent to the execution thereof and under which will your petitioner was named as Executrix without bond Although there were no witnesses to this Will it is the desire of your petitioner to have same admitted to probate in order to pass title of the personal property of said decedent and for the futher purpose of passing title to real Estate owned by the decedent in the sate of Kentucky.  Your petitioner being advised that said Will is sufficient under the Kentucky law to pass? real and personal property.

Fourth:  And your petitioner further alleges that she Verily believes that the paper writing herewith propounded for probate and record is the last will and Testament of said decedent as afore said and is the true Last Will and Testament of the said decedent.

Wherefore your petitioner prays that the said paper writing herewith propounded for probate and record be admitted to probate and record as and for the Last Will and Testament of the said decedent and that this petition be recorded among the records of the Court and that Letters Testamentary be granted to your petitioner as Execurtrix [sic] thereof.

And your petitioner will ever pray, eter___

Virginia M. GOURLEY
Petitioner

Stapp Gourley Ward Ward
Attorney for petitioner
State of Flordia [sic]
County of Date
The above Name Virginia M. GOURLEY being by me duly sworn, says that the foregoing petition by her subscribed is true.

Hazel S. RODGERS
Notary PUBLIC
State of Flordia [sic] at Large
My Commission expires Oct. 31, 1939
{N. P. Seal}

The foregoing instrument was filed August 23, 1939, And duly recorded and Verified in Record of Wills, Book 70, page 264.

W. F. BLANTON, County Judge
By Gladys SULLIVAN, Clerk
{C. J. Seal}

In the Matter of The Estate of Chester GOURLEY, Deceased
Order Admitting Will
The instrument presented by Virginia M. GOURLEY, as and for the Last Will and Testament of Chester GOURLEY, Deceased, having been duly established and proven by Oral testimony and affidavits to this Court as the Last Will and Testament of the said decedent, and it appearing to the Court that the said petitioner is the sole heir at law of the decedent, and that, thereof, there is no objection to the probate of said Will, and it having been made to appear to the County Judge of said County by due proof that the said decedent died on the 3rd day of August A. D. 1939.

It is therefore, Ordered, Adjudged and decreed that the said Last Will and Testament bearing date May 9th, 1918, written by Chester GOURLEY in his own hand writing and signed by the said Chester GOURLEY without witnesses, be and the same is hereby admitted to probate according to law as and for the Last Will and Testament of the said decedent and that the said Will together with the Petition presenting the same be duly recorded in the Book of Wills, and that the Cost of recording same be taxed as costs against this estate.

Let Letters Testamentary issue to Virginia M. GOURLEY the Executrix Names in said Will upon her taking and subscribing the prescribed oath, bond for said Executrix being waived under the terms of said Last Will and Testament

Given Under my hand and seal at Miami in said County, this 23rd day of August A. D. 1939.

W. F. BLANTON County Judge
{C. J. Seal}

The foregoing instrument was filed August 23, 1939 and duly recorded and Verified in Record of Wills, Book 70, Page 226

W. F. BLANTON, County Judge
By Gladys V. SULLIVAN, Clerk
{C. J. Seal}

State of Kentucky
County of Lee
I, Elizabeth MATTOCKS, Clerk Lee County Court, do hereby certify that the foregoing instrument of Writing pruporting to be a copy of Last Will and Testament of Chester GOURLEY, Deceased, together with Affidavits and Probate Court Proceedings from Dade County Florida, was on this produce and filed 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, pages 412 to 422 inclusive.
Given under my hand, this 25th day of September 1939.

Elizabeth MATTOCKS
Clerk Lee County Court

DHK note:  I have omitted several pages of Dade County Florida court proceedings which qualified and certified Virginia Miller Gourley as Executrix to her husband's will.

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