1829 Will of John Duncan of Nelson County

The Duncan and Lewis families were relatives of my Linton family.  They settled in northern Nelson County, in the Bloomfield area, near the Spencer County line.  Port Gibson, mentioned in the will, is located in Mississippi.

In the name of God amen.  I, John Duncan, of the county of Nelson and state of Kentucky, knowing that it is appointed once for all men to die, being weak in body but of good mind and memory, blessed be Almighty God for the same, do make and publish this my last will and testament, in the manner and form following.  First of all, I recommend my body to the earth to be buried in a decent Christian-like manner.  As it respects such worldly property with which it has pleased God to bless me, first, I give and bequeath unto my beloved wife, Mary Duncan, all of my estate during her life, both real and personal, of which I die seized or possessed with, or whatever part she chooses to keep, if she sees cause not to keep all, whatever part she sees cause not to keep, to be divided among my children equally at my death, and as for my estate both real and personal, of which I die seized or possessed, I do at my beloved wife’s death give, will and bequeath to each and all my children an equal proportion of all my money, goods and chattles, both real and personal, of which I may die seized or possessed.  At the death of my beloved wife, I do give, will and bequeath to my son, Charles Duncan, a Negro woman by the name of Eliza, about nineteen years old, which is now in my daughter Rebecca Dye’s possession, John Dye, her husband, has hired and her time is not yet out.  I do also give, will and bequeath the said negro woman Eliza and her increase forever to my son Charles Duncan, for my daughter Rebecca Dye’s particular use, during her natural life, and at her death to descend to her children, and the remainder, whatever more come to her, my daughter Rebecca Dye.  I do give, will and bequeath to my son Charles Duncan, for my daughter Rebecca Dye’s particular use during her natural life, and at her death to descend to her children.  And it is my will and desire that the whole of the land shall be divided equally in quantity and quality, as there is a great difference in the value of the land, and for the remainder of my estates, both real and personal, of which I may die seized or possessed with I do give, will and bequeath each and every one of my children an equal proportion of all my money, goods and chattels, both real and personal of which

I may die seized or possessed, my daughter Elizabeth Coursey that is now living near Gibsonport, it is my will and desire that her part shall be in money or something else to suit her as I do not wish for any of the Negroes to go down to that country.  I give and bequeath unto my daughter Elizabeth Coursey her proportion of my estate during her life and at her death to descend to her children, and I do hereby constitute, ordain and make this my last will and testament, and I do hereby disannul, disallow and revoke all other wills by me formerly written.  And I do appoint my beloved wife, Mary Duncan, my two sons, Robert and Charles Duncan, my Executrix and Executors, to this my last will and testament.  In witness whereof I have hereunto set my hand and seal this twenty-first day of July in the year of our Lord one thousand eight hundred and twenty-nine.

John Duncan

Signed, sealed, published and declared by the above named John Duncan to be his last will and testament in the presence of us:

John Saunders, Thomas Dawson, Searles Lewis

At a County Court held for Nelson County at the courthouse in Bardstown on Monday the 12th day of April 1830.

This last will and testament of john Duncan, deceased, was presented in court and proved by the oaths of John Saunders, Thomas Dawson and Searles Lewis, the subscribing witnesses thereto and ordered to be recorded and on the motion of Charles Duncan, one of the executors therein named (the other two having refused to act), he, having given bond with Robert Duncan, John Duncan, Robert Smither, Thomas Huston, James Tyler, Alexander McMeekin and James Thomas, his securities, gives bond in the penalty of $20,000 conditioned according to law and took the oath the law in  such case directs.  It is ordered that a certificate of probate of said will be granted him.  Attest.  Nathaniel Wickliffe, Clerk of the Nelson County Court, appointed by said court 12th day of May 1830.

Will Book F, Pages 438-439

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