Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Houston Brandenburg


In The Name of God Amen:

I, Houston BRANDENBURG of Beattyville, Lee County, Kentucky, being of sound mind and memory and considering the uncertainty of this life, do make, ordain publish and declare this to be my last Will and Testament.

First.  I order and direct that my executor hereinafter named, pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

Second.  After the payment of such funeral expenses and debts, I give devise and bequeath to my beloved wife Margaret BRANDENBURG Twenty-five dollars in cash.

Third.  I give devise and bequeath all the rest of my estate real personal and mixed to my eight children to be divided equally between them or their issue if any of said children should die beofe my death

Lastly, I make, constitute and appoint Sam THOMAS of Congleton, Lee County Kentucky, the husband of my daughter Ida, to be Executor of this my last will and I ask that he be allowed to act without bond.  In Witness whereof I have hereunto subscribed my name and affixed my seal this 6th day of September 1930

          his
Houston X BRANDENBURG
         mark

Attest. D. C. HOWELL

This instrument was on the day of the date thereof signed, published and declared by the testator Houston BRANDENBURG to be his last will and testament in the presence of us who at his request have subscribed our names thereto as witnesses in his presence and in the presence of each other.

Theo. B. BLAKEY
D. C. HOWELL

I hereby make this codicil to this Will.  I will to my son, Potter BRANDENBURG one dollar of my estate and no more and the Third item of my will is modified to that extent.

Witness my hand this Sept 23 - 1933

          his
Houston X BRANDENBURG
         mark

Attest.  
Theo B. BLAKEY

(unreadable in margin of will book)
testator Houston BRANDENBURG to be a codicil to his will in the presence of each of us who at his request have subscribed our names thereto as witnesses in his presence and in the presence of each other.

Theo. B. BLAKEY
D. C. HOWELL

To Hon. J. Pryse THOMAS, Judge Lee County Court.
Know All men by these presents, that Whereas, Houston BRANDENBURG, died testate on April 27th, 1942 and that on September 6th, 1930 he executed a will devising his property - real, personal and mixed, to his eight children including Potter BRANDENBURG, sharing equally in is estate, and whereas on September 23, 1933, he (Houston BRANDENBURG) in his informities and feebleness of mind and body executed a codicel to said will leaving or bequeathing only one Dollar to the said Potter BRANDENBURG, our brother, now we, the heris at law of Houston BRANDENBURG, deceased, in order to have him (Potter BRANDENBURG) share equally with us in decedents estate, do hereby renounce and hold for naught the said codicil and terms or condition thereof, and elect affirm and abide by the original will and agree and vovenant with the said Potter BRANDENBURG as an equal devisee with each of us, the undersigned heirs at law of Houston BRANDENBURG;  that we agree to have the said Potter BRANDENBURG receive his distributable share in said estate, and in the event of a divison of the real estate we agree for said son of decedent to have one-eight of the land and execute to him a good and sufficient title to the same, and in the event of a sale of said land he shall receive one-eight of the proceeds of such sale, as though no will had been amde by testator.
Given under our hands this May 11th, 1942

      his                                     C. E. TYREE
Dan X BRANDENBURG        Willie MCINTOSH
     mark
Ollie BRANDENBURG
       his                                   C. E. TYREE
Miles X BRANDENBURG     Willie MCINTOSH
      mark
Mattie BRANDENBURG
Ida THOMAS
J. S. THOMAS
Girlie COOPER
Lewis COOPER
Retta FOX
Hargis FOX
        her                                   C. E. MCINTOSH
Alpha X BAILEY                     Willie MCINTOSH
       mark
Walter BAILEY
Lula TINCHER
Tolley TINCHER

State of Kentucky
County of Lee
I, Elizabeth MATTOCKS, Clerk of the Lee County Court do hereby certify that the foregoing Will of Houston BRANDENBURG, Codicil and Renonciation to said Will was on the 11th day of May 1942, produced and filed in open Court;  whereupon same having been proven by testimonies of subscribing witnesses thereto, same etablished by the Court to be said Will and Codicil, and ordered that said Will, Codicil and Renunciation be recorded by the Clerk of Lee County Court, whereupon the same with the foregoing and this my certificate have been duly recorded in my said Office in Will Book No. 1 Page 446.
This June 13th, 1942

Elizabeth MATTOCKS 
Clerk Lee Co. Court

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