John Bybee Sr.Contributed by Marlin G. Criddle Barren County,
Kentucky. County Clerk. Book 2, pp. 25‑27 In the name of God Amen. I, John Bybee, of the county of Barren and state of Kentucky, being of sound mind, memory and understanding though weak in body and in very low state of health and knowing that it is appointed for men to die and the time thereof uncertain, do constitute, appoint, and ordain this to be my last will and testament in form and manner following, to wit: First, it is my will and desire that after my decease the plantation whereon I now live shall be divided as near the middle as possible by the line crossing Glover's Creek and that my beloved wife, Betsey Bybee, do and shall keep the part, including my dwelling house and other improvements thereunto belonging, together with all and singular the kitchen and household furniture and the stock of [26] horses, cattle, sheep, hogs, etc., which I possess, together with all improvements of husbandry for and during her natural life time and that after her decease the said part, including the said dwelling house and improvements, shall go to my son, McCan Bybee, which I desire and will he shall not sell until he shall arrive at the age of twenty‑five years. Second, I give and bequeath unto my daughter, Nancy, the other moiety of my said tract above mentioned to her and to the heirs of her body, if any. Third, I give and bequeath unto my son, Buford Bybee, the tract of land whereon he now lives on Glover's Creek, which I purchased of David B. Ritter, together with an addition of forty acres adjoining and upon the south of my said settlement, to begin at a poplar corner to the same. Fourth, I give and bequeath unto my son, Byram Bybee, the quantity of land on Nobob Creek out of the survey which I purchased of Robert Craddock, agent of Robert Means, lying within the following boundary, to wit: beginning where Robert Lane's line crosses the creek, thence with him to Hughs' line, thence with Hughs' line to the corner, thence to the creek, leaving the spring of said Byram Bybee belonging to his said part about sixty yards on the right hand, thence down the creek to the beginning, which it is my will and desire he shall not sell or dispose of till [he] is twenty-five years old. Fifth, I give and bequeath unto my son, John Bybee, out of said survey above mentioned all that is contained within the following boundary, to wit: beginning where the said Byram Bybee's part strikes the creek (Nobob), thence up the creek with its meanders to a large spring, from thence north to the line of Tuder, thence with his line to Hughs' line, thence to Hughs' line southwardly to his corner, thence with Byram Bybee's said line down to the creek, which I will and desire he shall not sell until he is twenty‑five years old. Sixth, I give and bequeath unto my daughter, Delila Bybee, out of the aforesaid tract on Nobob the part contained within the following metes and bounds, to wit: beginning at the spring above named which John Bybee's line strikes, thence south to John Button's, thence with John Button's line so far as to turn a north course to strike the creek where the path formerly went to John Button's, thence north out to Tuder's line, thence with his line to where John Bybee's line strikes Tuder's line, thence with John Bybee's line to strike the spring, which I give unto her and the heirs of her body, if any. Seventh, I give and bequeath unto my daughter, Betsy, out of [27] said tract the following: beginning at Delila's corner on Button's line, thence with it to his corner, thence with the original line to Tuder's corner, thence with Tuder's line to said Delila's corner, thence with Delila's line to Button's line, which I give and confirm unto her and the heirs of her body, if any. Eighth, I give and bequeath unto my son, William, and my daughter, Polly, the remainder or residue of said survey on Nobob, to be divided between them as follows, to wit: to run with the creek so as to give an equal part to each, which part I give and confirm unto my said son, William, with the injunction that he shall not sell or dispose of said land until he shall arrive at the age of twenty‑five years, and also give and confirm unto my said daughter, Polly, this her part of said tract and the heirs of her body forever, if any. It is here to be understood that the part which I here give unto my son, William, shall be that immediately next [to] the creek, and do hereby revoke all or any will or wills by me heretofore made and do by these presents acknowledge this to be my last will and testament. In witness whereof, I have hereunto set my hand and affixed my seal this 21st day of May in the year of our Lord 1819.
his John + Bybee (seal) mark Test
Robert Leeper John Tuder Dougherty N.B. It is my will and desire that my blacksmith tools upon my decease shall be sold and price thereof to be applied to the benefit of my son John Bybee (if necessary to purchase him a horse, etc.) interlined before assigned And I do hereby constitute and appoint Buford Bybee and Byram Bybee, executors of this my last will and testament.
J. Bybee Barren County, To wit: July County Court, 1819
The foregoing writing, purporting to be the last will and John Bybee, deceased, was produced in court and John Tuder, a subscribing witness thereto, being sworn, deposeth that the testator, John Bybee, did in his presence acknowledge and deliver the said writing as his will and that he believes him to be in his proper sense and memory, and the said will was fully proven at August County Court by the oath of Robert Leeper, another of the subscribing witnesses, deposeth and saith that the said John Bybee signed and delivered the said writing as his will and that he believes him to be of a disposing mind and memory when he did the same, and thereupon the said writing was ordered to be recorded as the true last will and testament of the said John Bybee.
Test W. Logan, Clerk
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