Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Samuel Darch

I, Samuel DARCH, now a resident of Beattyville, KY., being of sound mind, and knowing the uncertainty of life, do hereby make and publish this my last will and testament: -

First:  It is my will that my wife, Mary DARCH, shall have the use and occupancy of my residence at the time of my death, for and during her natural life; Provided, she does not marry or permit some other man to live with her;  and, in the event she should do either of the things which I hereby expressly forbid, she shall forfeit all her rights herein granted.  And, I further direct that my executors, whom I shall name, shall make provisions out of any income which may accrue out of, or from the estate which I may own or have at the time of my death, the sum of One Dollar ($1.00) for each day, for the support of my wife and children, this, however, shall be subject to the above proviso, and in the event that my said wife shall forfeit either of the conditions herein named, I direct my executors to make all suitable provisions for the support and maintenance of my children who may survive me.  I direct my said executors to have my children educated in such branches as may seem best for their interests, and according to their inclinations in the trades and professions, but said executors are forbidden from forcing any of my said children to take or acquire an education on any subject, trade or profession, which may be repulsive to, or undesired by them.  This clause must be carried out to the letter.

Second: - It is further my will that my Children shall have all the income which may accrue from any source, out of my estate, except the provision herein made for my wife and children's support;  and should my said wife forfeit her rights, then the whole of said income shall, by my executors, be applied to the benefit of my said children, for their use only, as they may see fit, and my executores are directed to pay to my said children equally any such sums as may come to their hands, with the request that they (my said children) apply and appropriate the money so paid to them to a proftable and legitimate business.

Third: - It is further my will that none of the principal, including my real estate, shall be applied to, or for the purposes herein stipulated, but that only the interes or income from my said estate, shall be applied as herein directed;  that my said children shall not have power, in any event, to use or consume any part of the principal making up the estate, for any purpose whatever;  but should my said children leave surviving them, heirs of their body, or any illegitimate children, whom they have, by proper orders and decrees of of [sic] a Court of competent jurisdiction, adopted, and in and under that condition only, shall my entire estate vest, and remain in them, to have and hold enjoy, as to their liking may be.  But, there shall be an equal division between their offspring as aforesaid.

Fourth: - It is further my will that, in the event that none of my children shall leave surviving them any off-spring as aforesaid, then it is my will, that not exceeding Five Thousand ($5,000.00) Dollars, out of my estate be appropriated to the erection of a Masonic Hall, in Beattyville, Ky. uncer the following conditions, only: - That said Lodge change its name from "Proctor Lodge, No. 213" to Darch Lodge No. 213" and further, that said Lodge, if this donation is accepted, shall purchase a site for said building somewhere on Main Street, between Upper and Lower Stufflebean Creeks in said town, and under no circumstances shall this amount be, or become available to said Lodge unless the conditions herein are complied with.

Fifth: - It is further my will that should said children die without issue, and that said Masonic Lodge shall fail under the conditions herein, that my estate shall equally divided between my brother Walter DARCH, and my sisters, Susan DARCH and Clara DARCH, now residing in Canada.

Sixth: - It is my will that William GOOCEY and J. F. SUTTON, be appointed, and I hereby appoint them my Executores, to carry out this my last will and testament, with full power to place into execution the stipulations herein contained;  and by this writing, I hereby appoint, make and constitute the said GOOCEY and SUTTON my Executors;  and, if in the judgement of my said Executors, it should appear to them or become necessary for the best interest of the beneficiaries herein, they are hereby directed and empowered to sell, and make deed of conveyance of any real estate which I may own at the time of my death, and my executors are directed to pay all my legitimate burial expenses incurred at my death, which shall be paid in preference to all other claims;  and my said executors shall pay all just claims against my estate, for which said executors shall all proper credit.  If, ins the wisdom of the Court, at the time this will is probated, it shall deem it proper, my said executors shall execute bond, and, if it is not considered necessary them my said executors shall have the right and power to act without bond.

Seventh: - That if my said executors, or either of them, should die after my departure, the surviving executor may have the right to, at his pleasure, select an other person to act with him in said capacity, whose duties it shall be to comply strictly with the provisions herein enjoined upon my executores herein named.

Samuel DARCH

Signed and acknowledged in the presence of Wm. GOOCEY and J. F. SUTTON.  This 9th day of May 1904.

Wm GOOCEY, Residence, Beattyville, Ky.
J. F. SUTTON, Residence, Beattyville, Ky.

State of Kentucky
County of Lee

I, C. B. LOVELACE, Clerk of the Lee County Court, hereby certify that the foregoing instrument of writing perporting to be the last will and testament of Samuel DARCH, was on the 25th Day of July, 1910, produced in open Court, it being the regular July Term, 1910 of Lee County Court, and offered for probate and filed and proven by the affidavits of William GOOCEY and J. F. SUTTON, the subscribing witnesses thereto, and the same this day admitted to record.  Whereupon the same and this my certificate have been duly recorded in my said office.
Given under my hand this 25th, day of July, 1910

C. B. LOVELACE, Clerk

IN RE ESTATE OF SAM DARCH, DECEASED.
Renunciation of Will by Mary DARCH, Widow.

To J. F. SUTTON and S. L. COMBS, Executors and Administrators, and all to whom it may concern: -
I herby renounce the Will of my late Husband, Sam DARCH, which bears date of May 9th, 1904, and was admitted to probate July 25th, 1910, which is recorded in Will Book NO. 1, page 136, of the Lee County Court Clerk's Office, and I claim my dowerable and distributable share of my said husband, Sam DARCH's estate, and elect to take under the laws of this State, instead of the provisions of said Will.
Given under my hand this the 24th day of August, 1910.

Mary DARCH
Widow of Sam DARCH, deceased.

State of Kentucky
County of Lee

I, C. B. LOVELACE, clerk of the Lee County Court, certify that the above renunciation of the Will of Sam DARCH by his widow, Mary DARCH was this day produced to me in Beattyville, Lee County, Kentucky, and acknowledged before me by Mary DARCH, widow of Sam DARCH, deceased, after the same was read to her by me, and she acknowledged that she did freely and voluntarily execute the same.
Given under my hand as Clerk aforesaid this the 24th, day of August, 1910.

C. B. LOVELACE, Clerk
By G. W. PENDERGRASS, D. C.

State of Kentucky
County of Lee

I, C. B. LOVELACE, clerk of the Lee County Court, certify that the foregoing insturment of writing, certified as above, was this day lodged in my office for record, whereupon the and the foregoing and this my certificate have been duly recorded in my said office.
Given under my hand this Aug. 24th, 1910

C. B. LOVELACE, Clerk

IN RE ESTATE OF SAMUEL DARCH, DECEASED.
REVOCATION OF RENUNCIATION OF WILL BY MARY DARCH, WIDOW.

To J. F. SUTTON and S. L. COMBS, Executores of the last Will and Testament of Samuel DARCH, deceased, and to all whom it may concern:

You are hereby notified that I have and do hereby revoke, cancel, set aside, hold for naught and declare void and of no effect the renunciation made by me of the last Will and Testament of my late husband, Samuel DARCH, deceased, which will bears date of May 9th, 1904, and which was duly admitted to pr-e in the County Court of Lee County on July 25th, 1910, and recorded in Will Book No. 1, page 136 in the Lee County Court Clerk's Office and said latter named date, and which Renunciation bears date August 24th, 1910, and was signed and acknowledged by me on that day and is recorded in Will Book No. 1, page 138 in said Clerk's Office, and I hereby claim the mones and property devised to me by the said Samuel DARCH, deceased, by said Will, and in accordance with its provisions, and elect to t-e of said estate under and accodring to the terms of said Will, instead of by the provisions of law as set forth in said renunciation.

The said Executors and others, who are now or who may hereafter be affected by this my revocation of said renunciation, will take due notice of my claims, inteentions and desires herein expressed and govern themselves accordingly.

And I hereby declare that the said renunciation above mentioned and heretofore made by me, was made by reason and lak of knowledge of the true value and conditions of said estate, and on account of statements made to me by my son-in-law and overpersuasion on his part, and I further declare that i have received information concerning the true condition of said estate and have been advised as to my right under said Will, and I therefore make and declare this my revocation of said renunciation.
Given under my hadn, this 9th day of September, 1910

Mary DARCH

State of Kentucky
County of Lee

I, C. B. LOVELACE, clerk of the Lee County Court, do certify that the above instrument of writing was this day presented to me in Lee County by Mary DARCH, widow of Samuel DARCH, deceased, and was duly signed and acknowledged one same to be her act and deed and declared that she did freely and volintarily sign and acknowledge the same, and asked that the same be recorded, whereupon the same was lodged in my office for record, and I have truly recorded the same, together with this my certificate in my said office.

Given under my hand, this September 9th, 1910

C. B. LOVELACE, Clerk
 
 

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