Will of Archibald D. McGuire
(Submitted by Cindy McGuire)



 
 

Lee County Court
May 1870
The following will of Archibald D. McGuire was produced in open court.
 

State of Kentucky
Lee County Seat
 

 Be it remembered that I Archibald McGuire Senior of the county of Owsley and state of Kentucky considering the uncertainty of this mortal life and being of sound and perfect mind and memory. Blessed be almighty God for the same do make publish and declare this my last will and testament in manner and form following that is to say first.

 I give and bequeath unto my beloved wife Katharine McGuire one third part of my estate both real and personal during her natural life and at her death that third part I will and devise to be equally divided among her seven children, Elizabeth Ann McGuire, Joseph McGuire, Thomas Jefferson McGuire, Johnathan McGuire, Christopher Columbus McGuire, Zerilda Frances McGuire, and Frances McGuire to have and to hold to themselves and their heirs forever.

 And further will and bequeath to my daughter Elizabeth Ann McGuire three hundred dollars more then the rest of my children because she is a cripple and to my son Christopher Columbus McGuire the sum of three hundred dollars also because he is deaf and not sprightly. And these two sums are to be taken out the remaining two thirds of my estate. And it is further my will and I wish it understood that my wife Katharine McGuire is to hold and posses the mansion house with long claim of my land for the purpose of raising and schooling her children during her natural life and at her death to be equally divided among her seven children, above named, to them and their heirs forever. The balance of all my land, coal mines, and all I posses in lands I will to be sold or divided as my legatees may choose equally among my fourteen children namely Hiram McGuire, Lucinda Baker, Margret Thomas, James McGuire, William McGuire, John G. McGuire, Archibald McGuire, Elizabeth Ann McGuire, Joseph McGuire, Thomas Jefferson McGuire, Johnathan McGuire, Christopher Columbus McGuire, Zerrilda Francis McGuire, and Francis McGuire to have and to hold to themselves and their heirs forever. And all  the perishable property on the farm of my description belonging to the mansion house I will and bequeath to my wife and her seven children forever. As to my negro slaves I will and bequeath one third of them to my beloved wife Katharine McGuire and her seven children with their increase to them to have and to hold forever and she to have choice of  the negros one third of the amount of them. And this third part of my negros I hereby entail to my wife and children to the second generation. The other two thirds of my slaves I will and bequeath to my fourteen children to be equally divided among them and said slaves are entailed Hiram McGuire, Lucinda Baker, Margret Thomas, James McGuire, William McGuire, John G. McGuire, Archibald McGuire, Elizabeth Ann McGuire, Joseph McGuire, Thomas Jefferson McGuire, Johnathan McGuire, Christopher Columbus McGuire, Zerrilda Francis McGuire,and Francis McGuire and their heirs forever. And lastly I hereby appoint John G. McGuire and Joseph McGuire executors to this my last will and testament hereby revoking all former wills by me made in witness whereof  I have here unto set my hand and seal this 16th day of October in the year of our Lord one thousand eight hundred and fifty.
      Arch D. McGuire

signed sealed published and declared by the above named Archibald McGuire Senior to be his last will and testament in presence of us as witness.
____? Green
Isaac Congleton

(Following is a codicil that was added to the will 10 years later)

 Know all men by these present that I Archibald McGuire Senior that in addition to my last will and testament made upon the 16th day of October in the year 1850 I hereby bequeath to my wife Katharine McGuire and her seven children Joseph McGuire, Thomas Jefferson McGuire, Johnathan McGuire, Elizabeth Hammons, Zerilda McGuire, Francis McGuire, and Christopher Columbus McGuire all my cash and cash notes at my death to have and to hold the same they and their heirs forever this the 17th day of December AD 1860.

      AD McGuire
witness
RB Jamison
JW Beatty
 

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