Samuel W. Harbison
Contributed by Madeline Troyer madeline@thetroyers.com

Will of Samuel W. Harbison [1797-1856]  Book ___, Page 13-16

 

I Samuel W. Harbison, being sensible of the uncertainty of life, and wishing to make a disposition of all the property that God has thought proper to vouch safe unto me, do, make and publish my last will and testament as follows to wit:

 

First -  my will is that my wife, Mary Harbison remain in any family residence, it being the place I now reside upon until my son Derastus Wilson Harbison arrives at the age of twenty one years, and then said residence including all the ground deeded to me by Dennis Cochran in 1827, supposed to be 20 acres, be sold, my said wife taking her dower out of the proc3eeds of the sale of said re3sidence and land, and it is farther my will and devise that the said dower interest of my said wife shall be paid over to the Judge of the Barren County Court who is hereby authorized to select and appoint some suitable and discreet person to  take charge of said fund and to manage said fund for the best interest and advantage of my said wife, and to pay over to her out of the interest arising upon said fund such sums and at such times as she may need it for her support and comfort, and at the death of my said wife it is my will and desire that said fund arising from her dower interest as above described, excepting the interest that shall have been paid to my said wife, be paid over in equal proportions to my two sons Samuel Harbison and ?Derastus Wilson Harbison or to their legal representations.

 

Second – I bequeath to my son Andrew I. Harbison, twenty fie.

 

Thirdly – I give and bequeath to my son George R. Harbison one hundred dollars, and also my interest in a threshing machine, he paying all outstanding bills against me on account of said machine.

 

Fourthly – I give and bequeath unto my two sons Samuel Harbison and Derastus Wilson Harbison all the residue of my estate of every description and kind whatsoever subject, however, to the one third part which the law gives to the widow of an intestate which third part of all my estate I desire to be placed in the hands of the Judg3e of the Barren County Court, and by him to be placed in the hands of a suitable trustee and the fund to be managed precisely as the fund mentioned in the first clause of this will is  required to be managed that is such parts of the interest thereof as may be necessary for the support and comfort of my said wife during life be paid over to her, and at her death to be divided as the fund mentioned in said first clause is directe3d to be divided.

 

Fifthly – I desire that my two sons Samuel and Derastus W. Harbison have the whole of my carpenters’ tools fre3e from any claim upon them either by my wife as dower interest therein or by my administrator.

 

Sixthly – I hereby authorize my friend John Burton of Boyle County to see and convey any land or interest in said which I own in Boyle County, Kentucky, and if he fails and refuses to act the, and in that event I authorize the administrator on my estate to make said sale and convey once the proceeds thereof to be paid over according to the foregoing provisions of this will.

 

I also authorize my said administrator to see and convey the property mentioned in the first clause of this will when the time designated shall arrive.  In witness whereof I hereunto set my hand this 16 day of May 1856.                                                                                         Samuel W. Harbison

Witness

John W. Ritter

  1. Crenshaw

Codicil:

I Samuel W. Harbison, make and publish the following codicil to this my last will and testament, viz., I give and bequeath to my grand daughter Mary Harbison, twenty dollars to be paid to her Guardian or trustee within two years after my death.

 

In testimony of which I have hereunto set my hand and affixed my seal this 22 day of June 1856

                                                                                                      Samuel W. Harbison

Witness:

W. E. Mumford

Henry Muumford

 

      Barren County Set August Call Term 1856.

The foregoing writing purporting to be the last will and testament of Samuel W. Harbison decd with the codicil thereto attached, having been produced in court at the last July term of said court and the said will proven in part in due form of law by the oath of Jno W. Ritter, one of the subscribing witnesses, and the said codicil proven by the oath of W. E. Mumford, witness thereto, was at this term again produced in court and said will fully proven by the oath of Alexander Crenshaw, the other subscribing witness thereto, whereupon the same was ordered to be recorded as the true last will and testament of said Samuel W. Harbison decd.

                                                                                          Att.  Travis Cockrill C.B.C.C.

 

Book _______Page 15

Mary Harbison renunciation

 

Know all men by these presents that I, Mary Harbison, widow and relict of Samuel W. Harbison decd, do hereby relinquish all that is devised to me in the will of my said deceased husband, which will is now of record in the clerk’s office of the Barren County Court, and I claim and retain all such interest in my said husband‘s estate as the law gives one in the shape of dower or otherwise.

     Given under my hand this 16th day of Sept 1856.                       

                                                                                          Mary Harbison

 

Barren County Set

September the 16th, 1856

      The foregoing relinquishment was produced to me in my office and acknowledged by Mary Harbison to be her act and deed whereupon the same this certificate have been duly recorded in my office the date above written.

                                                                                          Att.  Travis Cockrill C.B.C.C.