Will of James MCGUIRE
I, James MCGUIRE, being in frail health and in the decline of life but of Sound and disposing memory do hereby make and publish this my last Will and testament.
1st I desire at my death to be decently interred in the family burying ground where my father and mother are buried and as Soon after my burial as practicable I desire that a neat marble stone with my name date of birth and death and age inscribed thereon be placed at the head of my grave, and that my children and grandchildren by my daughter Caroline be and they are hereby requested to defray the expenses necessary for this purpose.
2nd I own the following personal property, viz: one horse which I value at $80, one yoke of oxen which I value at $80, two cows which I value at $30 each, one heifer which I value at #12, and one calf Valued at $4.00 which property I will and bequeath to my four sons, Fletcher, Felix G., Brutus & H. B. MCGUIRE and to my two daughters Ellen and Louisa and to my four grandchildren by my dauther Caroline to wit: Harlan, Hugh, Lula and Lena BEATTY. Said property to be divided equally between them, the four children of my daughter Caroline to receive the Share of one child and to be equally divided between them.
3rd As this property is not susceptible of an equal divison between the before named devisees, I have preferred to place a Valueation on Said property, and desire that my Executor, whom I shall hereafter nominate and appoint, Shall if my duaghter Louisa and Ellen So desire let them take the horse and two cowx at the Valuation I have fixed on them, by ms said daughters paying to the remaining devisees their distributable Shares of said property. Or if my Said daughters so desire my Executor shall let thme have the balance or all of Said property at the Valuation I have fixed on the same conditions as before stated, that is my said daughters are to pay the remainiing devisees their distributable shares of said property which payments are to be made to them, while my Executor shall turn over to them Said property. The payments herein directed are to be made to my Executor who will pay said shares to the adult devisees, and the shares of my four grand children to be paid by said Executor to J. M. BEATTY to be held in trust by him for the benefit of my Said grand children and to be paid to my Said grand children by said J. M. BEATTY, whenever he chooses Whether before or after they attain the age of 21 years.
4th I direct that if my two daughters to whom I first give the preference of a part or the whole of my personal property on the conditions enumerated in the 3rd clause herein, do not so accept Said property then that either one of the other devisees have the same like privilages I direct to be given to my daughters, but if none of my said children as herein named will not take the whole or any part of said property at the valueations I make I direct my said Executor to sell either at public or private sale the whole of said property and divide the proceeds equally between Said devisees.
5th I direct that my said Executor take charge of and dispose of Said property as soon after my death as possible.
6th I als diret him to collect the three Several Judgements which I have against Robt. WHITE, Warwick MCGUIRE, and Goolman SPENCER and when collected ___ whole or part to be paid by him equally to the devisees herein named.
7th I also direct that should there come to the ____ of my Executor any other properties, monies or _______ from any source that he divides the same equally with Said named devisees, to be paid as directed in the third clause hereof, and I nominated and appoint my son Fletcher MCGUIRE my sole Executor to carry into effect this my last will and testament and direct that he act without giving bond.
7th And finally I enjoin in my children and grand children to lead exemplary and noroable lives and prepare in life to meet me beyound the Shores of time and mortality in that have of rest to which I am fast hastening.
This the 8th day of November 1888
Signed Sealed and delivered in presence of us,
A. B. AKERS
J. M. THARP
State of Kentucky
Lee County Court
August Term, August 26 1889
An Instrument of writing purporting to be the last will and testament of James MCGUIRE deceased, was this day produced in court and filed and proved by the oath of A. B. AKERS, one of the Subscribing witnesses thereto, who also proved the Signature of the other Subscribing witness thereto, J. M. THARP, and siad instrument was also proved by the oath of J. M. BEATTUY who proved the signatures of the testaer and the Subscribing witnesses therto and both of Said witnesses proved the capacity of said testater to make and sign Said instrument; Whereupon it is ordered that the Same be allowed and established as the last will & testament of said James MCGUIRE, deceased, and as Such duly admitted to record.
State of Kentucky
County of Lee
I, C. B. HILL, Clerk of the Lee County Court, hereby certify that the foregoing instrument of writing, and the copy of the order of the Lee County Court allowing Same as the last will and testament of James MCGUIRE deceased, and this certificate have been this day duly recorded in my office in accordance with Said order of probate, Given under my hand this 28th day of August 1889
C. B. HILL, Clerk
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