Will of Samuel P. BRANDENBURGH
I Samuel P. BRANDENBURGH, of Lee county Kentucky being of sound mind and disposing memory, and being desirous to make some provision for the settlement of my estate, do make this my last will and testament.
First: Having full confidence in the honest and ability of my brother John H. BRANDENBURGH, I appoint him my executor.
Second: I have a large outstanding debt having for years been engaged in business, and have claims in divens persons. Now, in order that same may be settled, and arranged so as to realize as much therefor as can be done at the least expense to my estate. I give to my said Executor full power and authority to compromise, settle, and adjust all of my claims and to receive, if in his judgment it is for the best, a less amount than the claim may call for and to take pay in good personal property on securities, and in his judgment to do any and all things that I might or could do, and he is only to be responsible for the sum realized by any such an agreement or coompromise.
Third: I have arrenements and contracts with dvens persons in regard to saw logs, ties re., mostly verbal, by which I owe am to receive logs, ties, re. in account of indebtedness to me; now I authorize and empower my said Executor in all such cases to receive logs, ties, re. on such contracts or on any indebtedness to me which in his judgment is for the best for my estate and for such timber, ties, re., and may, if he thinks best, advance money in order to secure payments and enable parties to comply with contracts; and he is only to be responsible to my estate for the amount realized from such timer, ties, re., that he may receive as herein directed and authorized, and he will only sue on such claims as in his judgment the money can be made.
Fourth: I own dvers tracts of land besides my home farm of 300 acres, and if it becomes necessary, to pay my indebtedness, and in his judgment it is necessary to sell any prat of my said lands outside of my home farm, then, in that event, my executor is authorized and empowered, and I direct, that he sell such of my lands for such price and on such terms as he in his judgment may think right and proper, and appropriate the proceeds to the payment of my debts, I also own a stone house and lot and an undivided half of a stone house and lot on Main Street in Beattyville, now occupied as the store and grocery house of Brandenburgh and Roberts. This I also direct my said Executor to dispose of as herein stated as to my lands. He, my executor, is hereby directed and empowered to convey by deed any and all of such lands or lots as he may sell.
Fifth: I hereby authorize and direct my said executor to convey by deed any land or town lot or my interest in same which I have heretofore sold by written contract.
Sixth: I have agreed on certain conditions to give certain lands on my home farm to the R. W. I. & B. Railroad for depot grounds and I have given to said road a written contract in regard to same. If the contract is complied with my executor is directed to convey the land named to said road by deed. In case the said road is built through my said farm, I authorize and direct my executor to lay off into town lots of convenient size ten acres of land at and about said depot when located and is authorized and directed to sell same on such terms as he thinks best, collect the proceeds and convey same by deed to the purchasers and, if necessary, use the proceeds in the payments of my debts, otherwise same is to compose a part of my estate.
Seventh: I make no distribution of my estate, but leave it to pass as directed by law.
Witness my hand, this 19 July 1891
Samuel P. BRANDENBURGH
C. A. QUILLEN
State of Kentucky
County of Lee
I, C. B. HILL, Clerk of the Lee County Court, hereby certify that the foregoing last will and testament of Samuel P. BRANDENBURGH, deceased, was, on the 28th day of September 1891, produced and filed in the Lee County Court and offered for probate and proved by the oath of C. A. QUILLEN and Breck SMITH, the subscribing witnesses therto, and that the same was then by order of said court allowed and established as the last will and testament of said Samuel P. BRANDENBURGH, deceased, and ordered to be recorded as such, which has been this day accordingly done.
Given under my hand, this 13th day of November, 1891.
C. B. HILL, Clerk
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