Bourbon County Court Will Book G, pp. 529-533. Will of George Rush:
I George Rush of Bourbon County Kentucky do make the following as my last will and testament. First. I direct that so soon after my death as is convenient all my fat hogs and cattle that are fit for market be sold and the proceeds applied to the debts and escigances of my Estate.
2. I direct that my son Charles take care of and superintend the management of my farm negroes and stock until a sale is to be made, and for his services in so doing he is to be paid such compensation as three disininterested men shall consider just and reasonable.
3. So soon as the crop is laid by and the stock shall be fattened and fit for market in the Fall my executors shall sell at public auction to the highest bidder my farm of about 293 acres of land on which I now live, all my stock and personal property except such as is otherwise disposed of in this will, and all the crop remaining in hand on the following credits, The land in equal payments one in hand, one in one and one in two years from the day of sale--the personal Estate in six months from the day of sale for all sums over ten dollars, under that sum cash in hand. The proceeds of which sale shall be applied in the payment of my debts as fast as is practicable except such part thereof as may be herein otherwise directed.
4. Previous to my marriage with Nancy (Powell?) my present wife to wit; on the ninth day of October 1854, we entered into a marriage contract wherin I agreed with her that if she survived me, there should be paid to her out of my estate three thousand dollars in three equal annual payments from and after the date of my death, also our negro woman and her youngest child, two horses, two milck cows my Buggy or Barouch if I owned any at the time of my decease, one half of my household and kitchen furniture, one years provision for herself and family, and one years provend for her stock, but in case she died without leaving a child or children all said property was to return to my estate. But if Nancy removed from this state the negro woman and child and the increase of the woman was to return to my estate--and if the said Nancy should die leaving lawful heirs of her body all the property given except the Negroes was to go and be inherited by her body heirs. And said Nancy in said contract, agreed to take the property before specified in said Contract as her full portion of my Estate.
Now I hereby devise and bequeth to her the following______and property in lieu of the provision made for her by me in that contract, believing that it will be more acceptable to her and more to her advantage.
I direct that my Executors pay to her three thousand dollars as agreed in said contract also that they pay her in money at the time hereinafter directed, the appraised value of two of my best horses and milck cows, my Buggy and one half of my household and kitchen furniture, and the amount and value of one years provision for herself and family to be paid fixed by the appraisers of my Estate--and in lieu of the Negro woman and child provided in said contract I give to her absolutely one negro girl slave named Sally, to her and her heirs forever. But if the said Nancy dies without leaving lawful heirs of her body, all the Estate hereby devised to her except the slave, that remains at her death shall return to my estate. The said Nancy may remain in my mansion house and receive her support out of my Estate until it is sold, if she desires to do so--But as soon as she desires to leave if before the sale, my Executors shall pay to her two hundred dollars, in part of the valuation of the property above mentioned and the balance of that valuation shall be paid to her, the balance to be paid her when the sale money of my estate falls due.
5. I devise to my daughter Tabitha Shawhan wife of John Shawhan and to my daughter George Ann Rush my negro slaves Lavin and her three children Amanda, Ann, Maria and infant daughter and Mahala and her three children Charles, Mary Ann, and George. I wish the said slaves to be appraised by the appraisers of my Estate at their fair value, and then that my daughter draw lots for the choice of the two families, and the woman and her children I give to her my daughters as it may be thus determined by lot to each of them as and the heirs of their bodies living at their decease. But the said slaves are not to be sold out of the families of my daughters and their descendants. I also devise to my Daughter George Ann and her heirs forever the one half my household and kitchen furniture.
6. I devise to my son Charles for the use of himself and family my three Negro men, Sam, Levi and John, to be held and kept by him for the use and benefit of himself and family during his life and then to the use of his children. But no disposition shall be made of said slaves that will deprive the family of the benefit of their services.
7. My Boy Peter I wish to be placed in the lot with his mother Mahala and go to the daughter that draws his mother and her children.
9. (sic) I wish my son Charles and my daughter Tabitha to render up an account of the advancements made____me to them after their marriage and hope they will make out one that will be satisfactory to my children--with the amount of such advancements they are to be charged.
10. All the rest of my estate after payment of my debts and costs of minding up my Estate I devise to my said three children--each of whom are to be charged with the Estate hereby devised to them at the appraisement value, and also with the advancements before named they are then to be first made equal then the residue is to be equally divided between them. If my daughter George Ann dies without a child or children I direct that her Estate receive by from me return to my other children or their descendants.
11. I direct that all my slaves remain on the farm until the crop is completed Except Sal who I wish to go directly to my wife. If my wife shall be unwilling to accept the provisions made for her in this will and shall insist on receiving the property stipulated in said marriage contract, I wish her to have it--and as in that event one of my daughters will be deprived of a portion of the slaves devised to them--I direct that the portion of such daughter in my estate shall be made up to her out of my estate--so that the share of each of my children shall be equalized.
12. I appoint my son Charles Rush and my son-in-law John Shawhan my Executors and invest in them or either of them that may qualify full power to execute a Deed or Deeds for the conveyance of my land to the purchaser or purchasers. Should the exigences of my Estate in the judgement of my Executors or the one qualifying require it, I wish him or them to borrow money for the payment of my debts upon such interest as may be necessary to obtain it in order to pay my debts--and such debts so contracted by them him or them shall be paid out of my Estate together such usury as they may contract to pay for the use of such amount as they may borrow.
13. After my decease I wish my body to be interred in the Presbyterian burying ground at Ruddles Mills, and that the remains of my deceased wife be taken up and placed by the side of it--and that my Executors cause to be placed at the head and the foot of each grave a handsome and permanent stone well and solidly placed with our names, ages, &etc on the head stones, the cost of which and my funeral expenses to be paid out of my Estate.
In witness thereof I have hereunto set my hand and seal this fifteenth day of April 1856.
George Rush (seal)
Tho. L. Arnold
Tho. P. Smith
At the June Term of the County Court of Bourbon County Ky on the 2nd day of June 1856. This last will and testament of Geo. Rush decd was this day produced and improved in open Court by the oath of Thomas D. Arnold, F.R. Wyatrt and Thomas P. Smith the attesting witness thereto and having been sworn to by John Shawhan one of the Executors therein named and ordered to record. Witness R.J. Bronn clerk of said court the date above. R.J. Bronn clk