Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of James Sumner



 

KNOW ALL MEN BY THESE PRESENTS: 

That I, James SUMNER, of Heidelberg, Lee County, Ky, do make, publisch and declare this to be my last will and testament, hereby revoking all wills by me heretofore made.

First  I direct all my just debts and funeral expenses be first paid out of my estate.

Second.  I give and bequeath to my wife, Caroline SUMMER, all the household furniture, books, pictures and other household effects which shal be in and about my residence at the time of my decease.

Third.  I give, bequeath and devise to my wife Caroline SUMNER, during her natural life, all my real estate, personal property and mixed and all money, notes, bonds, and chases in action of every kind and character, wheresoever situate, which I may own or have the right to dispose of at the time of my decease, giving and granting unto my said wife, the full right, power and Authority to use the entire net income from all my estate for her care, comfort, maintenance and support, as long as she may live, and if for any reason the net income of my estate shall not be sufficient to amptly support  my siad wife, then she shall have the absolute right, power and authority to use so much of the principal of my estate as in her judgement and discretion is needed for such purposes, and my said wife shall not be required to account for any of my said property or estate which she shall use so long as she lives.

Fourth.  All the residue of my estate, of every kind and character whatsoever, after the death of my said wife and of myself, I direct to be divided into three equal parts.  One of such parts I give, devise and bequeath to my daughter, May BEATTY, and one of such parts I give, devise and bequeath to my daughter, Lela HAYES, absolutely and in fee simple.  The remaining part I give, devise and bequeath to my daughter May BEatty, in trust, and for the use and benefit of my three grandchildren, viz:  Phyllis Jane PRYSE, Wayne PRYSE, Jr. and Eugene PRYSE, such part to be equally divided among said grandchildren, and which parts are to be under the sole charge, control and management of May BEATTY, as trustee, who shall keep, manage and handle such property as in her judgement she shall diem best, and may give any part the income from said property to said three named children, for their support, comfort, maintenance and education, or use same for their benefit, after the death of my said wife and myself, as she in her judgement and descretion may see proper and wise, but no part of the principal of said estate shall be given to said named grandchildren by said trustee until after said children shall arrive at the age of 21 eyars.  Said trustee shall use her best judgement as to when she shall turn over to said named grandchildren said estate, after they arrive at the age of 21 years, and she shall be the sole judge as to when it will be proper, fit and wise to do so.

Fifth.  I direct that no bond be required of my daughter, May Beatty, while she is acting as trustee for said three named grandchildren of mine, and said trustee may make settlement of such estate at such time as she may in her discretion see proper.

Sixth.  Should either Phyllis Jane PRYSE, Wayne PRYSE, Jr. or Eugene PRYSE, die before myself and my said wife, then I give, devise and bequeath to the surviving child or children, that part or portion devised and bequeathed to such child which should so die and which part or portion to be held by May BEATTY, as trustee, for the use and benefit of said surving child or children above named, and to be managed and controlled by said trustee as above outlined.

Seventh.  I hereby make, nominate and appoint my wife, Caroline SUMNER, the executrix of this my last will and testament hereby authorizing and empowering my said executrix to compound, compromise, settle, and adjust all debts and claims which may be presented against my estate, or which may be due to my estate.

Eight.  I direct that no bond be required of my said executrix, and that no inventory or appraisal of my estate be made.

In Witness Wherefor I have hereunto set my hand and seal, at Beattyville, Lee County, Ky, this the 19th day of July, 1928.

James SUMNER

Signed and acknowledged by the said James SUMNER, to be his last will and testament, in our presence and by us subscribed as attesting witnesses, in his presence and at his request, and in the presence of each other, at Beattyville, Kentucky, this the 19th day of July, 1928

C. BEACH Residing at Beattyvlle, Ky.
witness
Alice HAMMONS Residing at Beattyville, Ky.
witness

State of Kentucky
County of Lee
I, Thomas C. PRYSE, clerk of the Lee County Court do ceritfy that the foregoing will of James SUMNER, was filed in my said office for record on the 7th day of September, 1931, and having been proven by the Court in open Court as the law directs, and same being lain over (30) days for exceptions and no exceptions having been taken, same was ordered to Record on the 12th day of October, 1931;  whereupon the same with the foregoing and this my certificate have been duly recorded in my said office in Will Book No. 1, page 283.

Given under my hand, this 16th day of October, 1931

Thomas C. PRYSE Clerk

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