Old Wills

1873 Will of Rev. Burdett Kemper – Garrard County

Kentucky Kindred’s post from yesterday introduced you to Burdett Kemper and his family of Garrard County.  Today I share his will, written the 7th day of April 1873.  The following is a list of his children and grandchildren (to my knowledge):

  1. Mary Ann Kemper married William Ballard – their children – James Harvey Ballard, Lucie Ballard and Alice Ballard. Mary Ann was deceased before the writing of her father’s will.
  2. Wilhelmina Kemper married John Kemper Swope – their children – Martha Ann Swope, Artemesia Swope, Burdett Kemper Swope, Joshua Dunn Swope, Sarah Dunn Swope, Jemima Swope, Elcinda Swope, Henry Clay Swope, David Smith Swope, India Thompson Swope, Virginia Kemper Swope.
  3. Frederick B. Kemper married India D. Thompson – their children – Frederick Kemper, William Kemper and Caroline Kemper. Frederick died in 1864, before his father’s will was written.
  4. Lucy Kemper married Henry D. Sutton – their children – Frederick Sutton, Roland Sutton, Henry Clay Sutton.
  5. Martha Ann Kemper married David Finley Smith – their children – Anna Smith and Martha Smith. Martha died in 1864, before the writing of her father’s will.
  6. James T. Harvey Kemper married Iceimina Lawless – their children – Ella Kemper, Arthur Everett Kemper, Nettie Lee Kemper, Lillie Betty Kemper, Thomas Lyon Kemper, Burdett Kemper and Harvey Kemper. James died in 1873, before his father’s will was written.
  7. Henry Clay Kemper married Virginia Pearce – their children – Sidney Kemper, Jemima Kemper and Ann Eliza Kemper.
  8. Joshua Burdett Kemper married Eugenia Pearce – their child – Mary Octavia Kemper.

Burdett Kemper’s Will

Will Book T, Pages 21-22

 

I declare this my last will and testament hereby revoking all other wills and testaments made by me heretofore.

I desire my estate to be equally divided between such of my children as may be living at the time of my death and the children of such of them as may be dead, the children of such of them as may be dead, to take the share that their father or mother would take if living, taking into consideration the various advancements heretofore made to my children for which I wish them or the children or child of such of them as may be dead at the time of my death, charged respectively.

The advancements which I have made to my children and for which I wish them charged are as follows, to wit:  I gave to my daughter Mary Ballard a Negro girl for which I wish her children charged ($1,200.00) twelve hundred dollars, cash $1,000.00, two sets of spoons and one bed and its furniture, $56.00.

I have given to my daughter Hilly Swope one Negro girl May for which I wish her charged $1,000.00, two sets of spoons and one bed and its furniture, for which I wish her charged $56.00 and one tract of land for which I wish her charged $1,000.00.

I have given to my daughter Lucy Sutton one Negro girl, Juda, for which I wish her charged $1,00.00, and two sets of spoons and one bed and its furniture, for which I wish her charged $56.00 and cash $1,000.00.

I gave to my son J. T. H. Kemper one Negro boy, Allen, for which I wish his children charged $500.00 and cash $210.00 and a tract of land for which I wish his children charged $1,665.00 and cash $334.00.

I gave to my daughter Martha Smith one Negro girl Peachie, for which I wish her children charged $700.00 and two sets of spoons and one bed and its furniture for which I wish her children charged $56.00, and I gave Anna, Martha’s daughter, $50.00, which I wish to be charged to her in the division of their  portion of my estate between her and her sister, Mattie.

I gave to my son F. B. Kemper one Negro boy, Andy, for which I wish his son charged $1,000.00 and cash, $180.00.

I have given to my son, H. C. Kemper, one Negro girl, Jemima, and cash for which I want him charged $980.00.  I gave to him cash $200.00 for which I do not desire him charged.

I have given to my son Joshua B. Kemper a tract of land for which I wish him charged $2,700.00.

I desire that my Executors hereinafter appointed shall sell all of my estate of every description whatsoever and collect all debts due to me, pay all my just debts and costs of settling my estate and divide the residue among my children and the children of such of them as are dead first, giving to those who have gotten the least enough to make them equal to the one who has gotten the most, according to the advancements, as above set forth by the will, and divide the remainder equally between them.  For the purpose of impowering my Executors to sell and convey all of my estate real and personal, lands, Bank Stocks, Bond Notes and all other descriptions of property, I hereby appoint and constitute my son J. B. Kemper and son-in-law, Henry O. Sutton, my Executors, given under my hand this the 7th day of April 1873.  The intentions in the above will on the 13th line of the 2nd page, to wit.  Their portion of and the word ‘all’ with line same page and the words ‘and costs of settling my Estate’

on first line 3rd page and words ‘and divide the remainder equally between them’ 7th line same page, were made before signing.

Burdett Kemper

Signed in our presence W. H. Wherritt, S. O. Middleton

I have given to my son H. C. Kemper a piece of land for which want him charged in the division of my estate, the sum of $1,485.00 and also $100.00 in cash.  I have given to my granddaughter Ann M. Jenkins, the benefit of a note I hold against her father, D. F. Smith, for $558.00 and two notes which I hold against her husband, C. M. Jenkins, for the sum of $152 for which I wish her charged in the division of my estate between her and her sister Mattie.

I also wish my son J. T. H. Kemper’s estate charged with the sum of $205.00 in cash.

I wish my daughter Willie Swope to have my bay mare and I do not want her charged for her in the division of my estate.

I make and declare the above items as a codicil to my will.  Witness my hand September 2nd 1875.

Burdett Kemper

O. H. Wherritt, W. D. Marksbury

State of Kentucky, County of Garrard

I, J. W. West, Clerk of Garrard County Court do certify that the foregoing instrument of writing was produced to the Court at its March Term 1876 and was proven by the oath of W. H. Wherritt, one of the subscribing witnesses thereto, he also proving the attestation of W. O. Middleton, the other subscribing witness thereto to be the true last will and testament of Burdett Kemper, deceased.

The codicil to said will was proven by the oaths of W. H. Wherritt and W. D. Marksbury, two subscribing witnesses thereto, said witnesses to will and codicil proving the sanity of the testator.

And the same was approved and ordered to be recorded as the true last will and testament of said decedent and the same with this certificate has been recorded this 27 March 1876.

J. W. West, Clerk

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