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7th great granddaughter of John Todd Sr. and Mary(?)Todd
In the name of God, Amen. I John TODD of Bourbon County and the State of Kentucky, being weak of body, but sound of mind and disposing memory do make this my last will and testament in manner and form following that is to say,
1st. I bequeath unto my beloved wife Polly TODD during her natural life, so much of my farms, on which I now reside of these three hundred and sixteen acres, as will be included in the following boundaries, suppose to contain about Sixty five acres.
Beginning at MARKHAMS and PULLINS corner, North East of my said farm and running threw Westwardly with PULLINS corner land to the upper corner of the fence, belonging to that part of my said farm on which now Mrs. MILLER now resides; thence with the fence North, is as to include the fence to the corner of the same, near the gate on the branch; threw Eastwardly with the fence, including the same and the whole of said place occupied by Mrs. MILLER as afore said and thence to MARKHAM line to the beginning and adjoining ours in addition then to fifteen acres of woodland, to be laid off so as to adjoin said farm on which Mrs. MILLERS resides, on the Southside there of, and to be bounded on the East by MARKHAM and on the South by DUDLEY, to be laid off in good form. The said land I bequeath to my said wife in lieu of her right of Dower in my said farm of three hundred and sixteen acres; her right to the same to commence at my death and to continue during her natural life as aforesaid, and also that she have three feather beds of her choice with the clothing and furniture there to belonging, and all the balance of my household and kitchen furniture, (except) two beds and clothing and six kettles, after my said wife shall choose for herself, which together with the afore named property I give to her during her natural life.
It is also my will and desire that my said wife shall have during her natural life one horse called Bob, and the Smallest of my two mares called Nell, also three of her choice cows and one Heifer, also twelve head of sheep, two sows & pigs and ten choice Bacon hogs, and all the Bacon now in my meat house together with the dried beef and Tallow therein and sixty barrels of corn also one scar shear, and one shovel plow, and two pair of gear thereto belonging, and all my crop of wheat, now growing ~ But as all the tillable land & house, which I have before allotted to my said wife in lieu of Dower has been rented out by me until the 1st of March 1828, until which period she would not get possession. It is my will that in case I shall die fore that time, that my said wife have the possession and use of the house in which I now live, with the garden, Orchard, stables and horse lot belonging thereto and the twelve acre field lying between said house and Robert DUDLEYS, until the first day of March 1828.
2nd It is my will and desire that all my right, title and interest in and to my said farm of three hundred sixteen acres of land, except the part hereto fore devised to my wife, be sold by William FORD, who I do hereby appoint, hereby institute my sole Executor, and I do hereby empower and authorize my said Executor to sell my land as aforesaid, either at public or private sale, and to such purchaser or purchasers, and upon such in debtor, credit, as he may deem best, and I do also hereby authorize and empower my said Executor to execute any writing, deed or deeds of conveyance of my interest or title to said land, which may be necessary when the sale of the same. It is also my will that my said Executor sell at auction all my stock of horses, cattle, sheep, hogs, wagons and gear and all the balance of my personal estate, except what I have herein before divided to my said wife, Said property last aforesaid to be sold upon such credit as my said Executor, shall deem best.
I also wish my said Executor to rent out my said land until he shall deem it necessary to sell the same, in case it shall not be sold immediately after my death, and I also wish that he, my said Executor to appropriate the money, arising from the sale of my real and personal Estate, before named in discharge of my just debt in the manner he shall think best and most consistent with the interest of my Estate, and that he retain the said money in his hands until all my just debits are paid and all the suits at law and in chancery concerning my Estate are divided and all matters there of entirely settled, and after all my said debts are paid and law suits settled as aforesaid, I wish the money or such part of it as may be left to be appropriated first to the education of my small children until they have received a knowledge of reading & writing and arithmetic as far as the rule of three and the balance to be divided equally amongst all my children, Towit, JEFE.(JOSEPH)TODD,JOHN L.TODD, JAMES TODD, ALFRED TODD, RUTH TRIMBLE, ELIZABETH BUTCHAR(D~maybe~T?), NATHANIEL TODD, WILLIAM TODD, THOMAS TODD, BENJAMIN TODD and ROBT.(ROBERT)TODD, FRANKLIN TODD, POLLY ANN TODD, SUSAN(TODD), JESSE TODD, and in addition to their equal part I give to my two daughters Polly Ann and Susan Jane Todd each two hundred dollars for their support, education and at the death of my said wife, I wish all the real and personal Estate heretofore devised to her, for her life to be sold by my said Executor to the highest bidder, on such credit as he may deem best, and the proceeds rising from such sale to be equally divided amongst all my children before named after the payment of my debts as aforesaid, if any there should be I do hereby authorize my said Executor to bring any suit or prosecute the same as such manner as may be deemed best and for the interest of my Estate by him.
And I do hereby dismiss, revoke, and declare void all Will or Wills & Testaments heretofore made by me, declaring this to be, my only and last will and Testament. In Testimony where of I here unto have set my hand and seal this 12th day of February 1827.
In the name of God Amen, I john Todd Senr. Of the County of Bourbon and State of Kentucky, being weak from bodily Sickness but of sound mind and memory wishing to make some disposal of worldly goods, do make this my last will and testament.
Item: It is my will and desire that the plantation on which I now live shall be rented out until my daughter Sophia shall come of age or Marry and the proceeds there of be equally divided between my wife Mary and my two daughter, Peggy and Sophia - It is also my desire that my wife Mary shall have the use (free from rent) of the little room in the dwelling house during her widowhood.
Item: "It is my desire that my wife Mary shall have all the property she had when I married her together, and the choice of one cut of my stock of horses and one cow her choice amongst my stock to her and her heirs forever.
Item: I give and bequeath to my daughter Peggy a bed and furniture (which has been called hers) also her Saddle to her and her heirs forever.
Item: I give and bequeath to my daughter Sophia a bed and furniture (her choice after Peggy gets hers) also her Saddle to her and her heirs forever.
Item: It is my desire that all my perishable property, shall be sold, out of which, I wish all my just debts paid and the balance, if any to be Equally divided betwixt; my daughter Peggy & Sophia; and my wife Mary, to them and their heirs forever.
Item: It is my will and desire, the track of land in which I now live, containing one hundred and three acres, to be sold, when my daughter Sophia comes of age. It is also my desire, that my two daughters, Peggy and Sophia, shall have four hundred dollars out of the price of the land when sold and the balance to equally divided between Susanna HAMILTON, Elizabeth ASHBROOK, John TODD Junr., Rutha GREATHOUSE, Rebecca MORRIS and Sintha TODD to them and their heirs forever.
And lastly, I appoint my friend William MARKHAM Executor of this my last will and testament. In testimony whereof, I have here unto set my hand and affixed my seal, this fourteenth day of October in the year 1809.
Signed and acknowledge John Todd Sen. SEAL
In our presence (in center of name are 2 upright lines William MORRIS crossed by a line top, middle, bottom) John Clarke His MARK maybe the above described
Court Settlement Madison County Kentucky 15th of February 1864
Whereas John TODD Jr., Levi TODD, Edward Todd, Robert Elder & Elizabeth his wife, Mary F. TODD, William TODD, Celia TODD, by John TODD Jr. their Guardian, legal Heirs of John TODD Senr. Who departed this life on the blank day of blank
1860, filed their Petition in the Madison county Court on the 7th day of January 1862, praying the Court for a division and allotment of the lands of John Todd Senr. Dec'd among them, his heirs and aforesaid, and on the said 7th of January 1862, said Court, in accordance with the prayers of the Petitioners, Appointed Madison TODD, Kiah CROOKE & B. D. Boatright Commissers to lay off and allot the land mentioned in Said Petition amongst the Petitioners according to their respective rights, and afterwards, Court; on the 4th day of January 1864, to which ????? said cause was continued, the report of the commissioners, heretofore filed, was confirmed and Phil F. BROWN was appointed by the court a commissioner to execute and acknowledge deeds to the ???????? respectively. Now, I, Phil F. BROWN, by virtue of the appointment aforesaid, do hereby transfer and convey to John TODD Jr. All that certain lot of land laying in Madison County, Kentucky on the waters of Silver Creek and bordered as follows; (Lot No. 2) Beginning at Stake, the NE corner of lot No. 1 with said line of Walkup's House, No. 2 E 48 Poles to a Hickory Tree at 9 then N 78 W 5&3/10 Poles to an Elm at 10, then N 16 E, 1 Pole to a stake at E thence W 98 Poles to a stake at West edge of road at D with West edge of same S 15 E 32 Poles to a stake at corner to lot No 1 at C with line of same E 80 Poles to the beginning, including the Walkup Old House and containing 30 Acres. To have and hold said Thirty Acres of land with rights privileges and appretiuances & thereto belonging, to said John TODD Jr. his heirs & and assigns forever, free from the title or claim of any and all persons whatever.
This 15th day of February 1864
Levi TODD Mary F. TODD
Edward TODD Robert ELDER
William TODD Elizabeth ELDER
Celia TODD By Phil F. BROWN
State of Kentucky
Madison County SEAL
I, James H. Everly (?), Clerk of the Madison County court Certify that at a County court hold for said County of the 15th day of February 1864, the foregoing deed to John TODD Jr. was produced in open Court and acknowledged by Phil F. Brown, as commissioner to be his Act and deed; which was examined, confirmed and ordered to recorded-and said deed is duly stamped as required by the Act of Congress and it and this /certificate are duly rendered in my office.