Will Bk. T, Will 98 (pp. 98-101), Inv. C., 252
Ords. W. Will 261, Admin. Appr 292, Inv. 303
Estates Settled 204
Inv. 303 reads: An inventory of the personal estate of Catherine Batterton, deceased, was this day returned and filed, examined and appraised, and ordered to record.
Katherine Batterton will:
I Katherine Batterton of Bourbon County, Kentucky, being of sound and disposing mind and memory but feeble in body and knowing the uncertainty of life and the certainty of death, do make and publish this my last will and testament,
First: I give and devise to my daughter Josie Seevers and her children jointly with her the use and benefit for the period of five years after my death of my home farm of about forty-nine acres being the same upon which I now reside and lying on Stoner Creek in Bourbon County, Kentucky, near Shawhan Station and adjoining J. T. Tate, H. Tate, T. E. Moore and Margaret Pugh.
Second. I give and devise to my son Wallace Batterton jointly with his wife and children the use and benefit for the period of five years after my death of the tract of about twenty acres of land (in?) Shawhan, Ky., and adjoining Mrs. Pugh & others.
Third. At the expiration of the first five years after my death, I will and direct that my estate shall be divided equally between my children James H. Batterton, Wallace Batterton, and Josie Seevers, but no charge as advancements or in any other manner shall be made against my daughter Josie Seevers and her children or Wallace Batterton & his wife and children or any other of them because of the use and occupancy by them of the land for the five years as herein provided. If my said children desire to do so they may divide the land herein devised to them or they may sell it and divide the proceeds, but if sold the share of each one in the proceeds is to be reinvested in real estate and the share of my son Wallace H. Batterton is to be held by him when reinstated jointly with his wife and children, and the share of my son James H. Batterton is to be held by him jointly with his child or children and my daughter Josie Seevers is to hold herein like manners, jointly with her children. It is my desire and I will and direct that all the personal property owned by me at my death, shall be divided as soon thereafter as practicable between my said children equally. It is also my desire and I will and direct that no part of the property devised and bequethed by this will or that possess there under in any manner shall be taken for any debt or debts which have been already incurred or which may be incurred hereafter by my said children or for any liability whatever which has been or which may be incurred by them, and in the event any proceedings shall be instituted for the purpose of subjecting the interest of any of my said children in any of the real or personal property which they are entitled to receive or which is intended to be possessed to them by this will, immediately upon the institution of such action or proceedings or any attempt by way of any attachment or execution or otherwise to subject said property to the payment of any such debt or liability of any of my said children, then the interest of each child which is sought to be taken or subjected as heretofore indicated shall immediately pass to and vest in nthe bodily heirs of said child.
Fourth, in the event event (sic) of the dath of my son Wallace Batterton and his son Frank Batterton without heirs of the body, then Elsey Batterton the wife of my son Wallace is to have the use of one half of the real estate devised by this will to my said son Wallace as long as she remains his widow, and in the event of the death of my son James H. Batterton without leaving heirs of his body surviving him, prior to the death of my said Josie Seevers, then the real estate haveing (sic) devised to him shall pass to and vest in her and the heirs of her body and in like manner in the event of the death of my son Wallace without leaving heirs of his body prior to the death of said Josie the portion of my estate bequethed to him shall pass to and rest in her subject to the half interest of Elsey Batterton. I hereby revoke all former wills made by me. Given under my hand this day of Feby 1885 and it is my will that my daughter Josie and my son Wallace shall pay the taxes for five years on said land I have givem them the use of for five years after my death.
Feby 3rd 1885. Katherine A. Batterton
The foregoing instrument of writing was this day subscribed and acknowledged by Mrs. Katherine Batterton in our presence & the presence of each of us to be her last will and testament and we hereby subscribe our names in her presence.
T. E. Moore
J. T. Tate
Bourbon Co. Court, Dec. Term, Dec. 6th, 1886
This instrument of writing purporting to be the last will and testament of Katherine Batterton deceased was this day produced and proven in open court by the oath of T. E. Moore and J. T. Tate attesting witnesses thereto: whereupon it is ordered that the same be and is hereby allowed and established as the last will and testament of said Katherine Batterton and as such ordered to record. Witness Wm. Wyall Clerk of said Court the date above.
(Signed) Wm Wyall Clerk