Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Sherman Napier


In The Name of God, Amen:
I, Sherman NAPIER, Sr., being of sound mind and disposing memory, and realizing the uncertainty of this mortal life, do make, publish and declare this to be my last will and testament in manner and form, as follows, to-witt:

First:  It is my will and desire that all my just debts and funeral expenses and expenses of my last illness be paid.

Second:  I give, devise and bequeath to my beloved wife, Ollie NAPIER, for and during her natural life all my estate of every kind and character, wheresoever situated.  In the event it becomes necessary in the opinion of my wife to sell any of my property, real or personal, for her support, maintanance or comfort, I hereby authorize and empower my said wife to sell and convey the fee simple title thereto but provided, that my said wife shall not sell my home farm at a price less than $2500.00.  I further give and grant to my wife to use, all or so much of the proceeds of any sale or sales of my property or any of same, for her support, maintenacne and comfort, and to consume all or any portion thereof for said purposes.  I further give and grant to my wife the right to sell and convey the timber, minerals, including coal, oil, and gas, and any other products of my real estate and use the proceeds of such sales for her own benefit and to lease my said real estate for mineral operations and development and use and consume any proceeds of said leases, including bonuses and royalties for her own benefit.

Thirs:  Upon the termination of said life estate, in event said real estate is not sold, I give, devise and bequeath the fee simple title thereto to my Children and my nephew, James Panel NAPIER, in the following proportions, to-wit:
Dollie WRIGHT & J.E. WRIGHT, her husband 2/8th interest
Sam NAPIER 1/8th interest
Sherman NAPIER, Jr. 1/8th interest
Charlie MALONEY 1/8th interest
James Panel NAPIER 3/8 interest

and including and conveying in addtion thereto my home where I now reside to my nephew James Panel NAPIER, because of his kindness to me and my wife.

In the event said real estate is sold by my said wife under the power given her in paragraph Two hereof then it is my will and desire that any proceeds of such sale remaining at her death, or portion thereof, shall be divided among my above named Children and my nephew above named in the portion above set out.  But, provided, however, that if my said nephew James Panel NAPIER, who is now serving overseas in the United States Army, should die while in the United States Army, or should fail to return from overseas service in the army, the bequest and devse herein to the said James Panel NAPIER shall be void and shall cease and determine and such share shall be divided equally among my Children above named;  it being expressly provided that the bequest and devise to the said James Panel NAPIER is contingent upon his surviving his service in the United States Army and returning from overseas.

I hereby nominate and appoint C. BEACH of Beattyville, Kentucky as Executor of this my last will and testament and request that no bond be required of him.

In Witness Whereof, I have hereunto subscribed my name at my home near Beattyville in Lee County, Kentucky this the 6 day of May 1944

Sherman NAPIER

Signed by Sherman NAPIER, Sr. and by him acknowledged to be his last will and testament in our presence, sight and hearing who at his request have herunto subscribed our names as witnesses in his presence and in the presence of each other at the residence of Sherman NAPIER, Sr., near Beattyville, Kentucky, this the 6th day of May, 1944

Christine BRADLEY residing at Beattyville, Lee County Ky.
Florice B. FARMER residing at Beattyville, Lee County Ky.

State of Kentucky
County of Lee
I, Elizabeth MATTOCKS SIPPLE, Clerk Lee County Court do certify that the foregoing will Sherman NAPIER, deceased, having been filed in my office and having been established by the Court to be the last will and testament of said Sherman NAPIER, deceased, same was ordered to record, whereupon the same with the foregoing and this my certificate have been duly recorded in Will book 1, Page 491.  Given under my hand this 27th day of February 1945.

Elizabeth MATTOCKS SIPPLE Clerk
By Jean M. STRONG D. C.

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