Breckinridge County, Kentucky
Will Book 1, Pages 3-4
Will of James Cunningham
In the name of God, amen. I, James Cunningham, of the County of Breckinridge and State of Kentucky, being sick and weak in body but of sound mind and memory, but growing old in age, and well knowing the uncertainty of life and the certainty of death, do make this my last will and testament. First of all, my soul I leave to the mercy of God, my body to the earth from whence it came.
Item. The land whereon I now live, containing two hundred acres by survey, I leave to the support of my well beloved wife, Jany Cunningham, should she survive me, and during her widowhood and should she survive me, at her death it is my will and desire that the above land to be divided in the following manner between my two sons, Matthew Cunningham and John Cunningham. To Matthew Cunningham I leave that part of the above two hundred acres of land included in the following bounds to wit. Beginning at the mouth of a spring branch that breaks out on the south ride of the ridge that divides the two improvements of said land and
returning up the said spring branch to the head, including the spring and running on to the top of the ridge and then with the top of the ridge to the lower line of said land. The residue of said two hundred acres of land I leave to John Cunningham and should John or Matthew Cunningham die without issue it is my will and desire that my son William Cunningham should have the part of the land I have given to them.
Item. My personal estate I divide in the following manner after paying all my just debts and paying my funeral expenses, it is my will and desire that it be equally divided among my surviving children at my death or the death of my wife should she survive me. My personal estate, should my wife survive me, is to remain in her possession during her life or during her widowhood. I do nominate, constitute and appoint my son, Andrew Cunningham, Joseph Cunningham and William Levi my executors and revoking all other wills do make this my last will and testament. In witness whereof, I have hereunto set my hand and seal this twenty-sixth day of March eighteen hundred and eight.
Teste. William Levi, John Tharp, Christopher Stone
At a County Court held for Breckinridge County on Monday the 15th day of May 1809.
The within writing purporting to be the last will and testament of James Cunningham, deceased, was proven by the oaths of John Tharp and Christopher Stone, witnesses thereto and sworn to by William Levi, executor and ordered to be recorded.
Attest. John Allen, Clerk