Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Mary Ann Botner Cornelius

I, Mary Ann CORNELIUS, wife of William CORNELIUS Senior, of Lee County Kentucky, being of sound mind and memory and considering the uncertainty of life, do there fore make, publish and declare this to be my last Will and Testament that is to say:

First:  After all my lawful debts and my burial expenses are paid and discharged, I bequeath unto my husband, William CORNELIUS Senior, all my property of every kind and character, real, personal and mixed, for his use and benefit during the term of his natural life, that is to say that he shall have the use and control of all my property so long as he lives, if he shall survive me and he shall have the power to use, sell and dispose of any of the personal property of which I shall die the owner, but he shall not have the power or right to sell or dispose of any of the real estate of which I may died the owner.

Second:  At the death of my said husband, William CORNELIUS, Senior, if he shall survive me, or at my death if I shall survive him, I bequeath unto my sons Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior. and to my daughter, Cora THOMAS wife of M. F. THOMAS, and to my grandson William TURNER, son of my deceased daughter, Amanda H. TURNER, who was the wife of R. L. TURNER, all of my property of every kind and character, real, personal and mixed, that is to say that the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior, Cora THOMAS and William TURNER, shall take all of my said property of every kind and character share and share alike, and in ivent the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior, or Cora THOMAS shall die before my death and the deaths of my said husband, William CORNELIUS, Senior, his, her or their part, as herein set out shall descend to his, her and their heirs, and in event the said William TURNER shall die without issue before my death or the death of my said husband William CORNELIUS, Senior, then the portion of my estate herein devised to him shall go to the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS Junior and Cora THOMAS, but if he should marry before our death and die leaving issue of his body surviving him his part shall go to such issue, if living;  but if such issue, if any there be, shall not survive him, his part shall go to the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior, and Cora THOMAS, but the said William TURNER shall not have the right to sell his part of the real estate or any portion thereof to any person except to the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior, or Cora THOMAS, during the life time of either or any of said parties.

Third:  The bequests made in the second paragraph of this will are made subject to the following conditions:
a.  That the said Sidney CORNELIUS, Wesley CORNELIUS, William CORNELIUS, Junior, Cora THOMAS and William TURNER shall jointly pay to my grand-children, Dorthy CORNELIUS, Edward CORNELIUS, and Lutie May CORNELIUS, the only children and heirs at law of my deceased son, Barney CORNELIUS, the sum of Twenty-six dollars and sixty-six cents each, and to my grand-children Edgar ZION and Lula ZION, only children  and heirs at law of my deceased daughter Louisa ZION, the sum of Forty dollars each, and to my grand-children, Roxie ROWLAND, Retta ROWLAND and Luskie ROWLAND, only children and heirs at law of my deceased daughter Ida ROWLAND, the sum of Twenty-six dollars and sixty-six cents each, it being my will that the said Dorthy CORNELIUS, Edward CORNELIUS and Lutie May CORNELIUS each have out of my estate the sum of twenty-six dollars and sixty-six centa and no more, and the said Edgar ZION and lula ZION each have out of my estate the sum of Forty dollars and no more and that the said Roxie ROWLAND, Retta ROWLAND and Luskie ROWLAND each have out of my estate the sum of Twenty-six dollars and sixty-six cents and no more, and in order to secure the payments of the bequests named in this section "a" of paragraph 3 of this my last will the beneficiaries under this said section "a" are hereby given a lien on the property bequeathed in paragraph 2 of this my last will to secure the payment of these bequests set out in this section "a"
b.  That the said William TURNER shall pay to my grand-children, Vilas TURNER, Mary ROWLAND, wife of Anderson ROWLAND, Versa TURNER and Nora SMITH, wife of Thomas SMITH, who are brothers and sisters of the said William TURNER except him the only children and heirs at law of my deceased daughter, Amanda H. TURNER, the sum of Five Dollars each, it being my will that the said Vilas TURNER, Mary ROWLAND, Versa TURNER and Nora SMITH each have out of my estate the sum of five dollars and no more and in order to secure the payment of the bequests named in this section "b" of paragraph 3 of this my last will the beneficiaries under this section "b" are hereby given a lien on the property bequeathed to my said grand-son William TURNER, in paragraph 2 of this my last will to secure the payment of these bequests set out in this section "b"

Fourth:  I hereby appoint my son Sidney CORNELIUS to be Executor of this my last Will and Testament and direct that he be permitted to qualify and act without giving bond.

In witness whereof, I have hereunto subscribed my name and affixed my signature, this the 28 day of March 1916

Mary Ann CORNELIUS

The above written instrument was subscribed by the said Mary Ann CORNELIUS in our presence and acknowledged by her to each of us and she the same time declared the above instrument so subscribed, to be her last Will and Testament and we, at her request, have signed our names as witnesses hereto in her presence and in the presence of each other and written opposite our namea our respective places of residence.

Hill CONGLETON, Beattyville, Ky
Brownlow HALL, Heidelbery, Ky

At a Regular Term of the Lee County Court, held at the Court House thereof in Beattyville, Ky on April 11th, 1918 pursuant to adjournment.  Present Hon. Green KILBURN, Judge.

In The Matter of The Last Will and Testament of Mary Ann CORNELIUS, deceased, produced and filed in open Court at the regular March Term thereof, to-wit:  March 11th, 1918, and same having laid over for thirty (30) days for objections and exceptions and none having benn filed or taken, said last will and testament is now admitted to probate and ordered to record and the Clerk of this Court is ordered and directed to record same in the records kept in his office for the purpose.  And it further appearing to the Court that Sidney CORNELIUS was nominated by the testatrix, Mary Ann CORNELIUS, deceased, as Executor of said will, and the said Sidney CORNELIUS having refused to qualify as Executor aforesaid, and he having directed by a writing to the Judge of this Court requesting that William CORNELIUS, Senior be appointed Administrator with the will annexed, which writing is ordered to be filed and recorded and which is in words and figures as follows, to witt:

Beattyville, Ky, March 11, 1918
To The Honorable Judge of The Lee County Court:
The undersigned Sidney CORNELIUS, who was appointed by the last will and Testament of Mary Ann CORNELIUS, deceased, as executor, he being a non-resident of the State of Kentucky, requests this Honorable Court to appoint William CORNELIUS, Sr. Administrator Cum Testimento annexo of the estate of the said Mary Ann CORNELIUS.
And the said WILLIAM CORNELIUS Sr. hereby authorizes this Honorable Court to appoint in his stead Wesley CORNELIUS his son as administrator cum testimento in the event that he, the said William CORNELIUS, Sr., fails to appear and qualify as administrator aforesaid.
Witness our hands this 11th day of March, 1918

Sidney CORNELIUS
William CORNELIUS

Witness:
E. B. ROSE
J. F. SUTTON

And no objections being made to the apointment of William CORNELIUS, Senior, as Administrator aforesaid.

It is therefore ordered by the Court that William CORNELIUS, Senior, he and he is hereby appointed Administrator of the Estate of Mary Ann CORNELIUS, deceased, with the will annexed, and the said William CORNELIUS, Senior, being present in open Court, accepts said appointment and entered into bond as such with M. F. THOMAS and Wesley CORNELIUS as his sureties and thereupon in open Court, he took the oath required by law by law and entered upon the discharge of his duties.

State of Kentucky
County of Lee
I, J. B. HIERONYMUS, Clerk of the Lee County Court, certify that the foregoing will of Mary Ann CORNELIUS, deceased, witnessed as above, was produced in open court at a Regular Term of the Lee County Court on March 11th 1918, and offered for probate as the last Will and Testament of Mary Ann CORNELIUS, deceased, and proven by the subscribing witnesses, Hill CONGLETON and Brownlow HALL.  Same was ordered to lay over 30 days for objections and exceptions and at the Regular April Term of the Lee County Court, April 11th 1918.   Said will was admitted to probate and ordered to record (Order Book 12 page 477) Whereupon the same and the foregoing and then my certificate have been duly recorded in my said office in Will Book pages 154, 155, 156, 157 and 158.
Given under my hand this May 21, 1918

J. B. HIERONYMUS Clerk
By W. D. Lucas D.C.
 
 

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