Will of Todd, Andrew
I Andrew Todd of the town of Paris and County of Bourbon being sick and weak in body but of sound disposing mind and memory calling to mind my latter end and being desisous (sic) before my departure of disposing of that worldly Estate wherewith it hath pleased god to bless me, do for that purpose make and publish this my last will and Testaments; as followeth (sic), (towit) I direct all my just debts to be paid if practicable out of such parts of my personal Estate as not being from otherwise disposed of may be sold by my Executors and out of what may be collected of the book accounts due to me, I give to my beloved wife for and during her natural life and no longer the following property or portions of my real and personal Estate and slaves. (towit) my dwelling house in the town of Paris in which I now live with the Lotts (sic) of ground and our houses appertaining to and here to fore used with said dwelling house (but not including the Lot adjacent thereto purchased by me if James Duncan) together with as much of the household and kitchen furniture as she may chose (sic)my tract of Land and farm on Houston together with the wagon and as many of the farming untensils (sic) as she may wish to keep for the use of said farm six grown Negroes that may have children of any Negro woman which may be so chosen by my wife are not to be considered as given to her but are to remain with and not be separated from their mother until my wife thinks proper. I request and direction is that no family black or white except my wifes be permitted to live upon said plantation or any part of it, but any part of the meadow or fields which wife may not wish to occupy for her own use may be rented out from year to by my Executors for the use of my wife and her family. I also give to my wife the profits of my bank stock in the Bank of Kentucky for and during her natural life, and the profits of my Bank Stock in Kentucky Insurance Company until the present charter thereof expires and after the experation of said charter I give her the principal stock itself as fund to
assist her in the maintaining and educating of her children. I also direct the profits of my lands on Elkhom to be applied to the maintainance (sic) and education of my children as long as my Executors and especially my wife may think necessary or until a division of my Estate can be made, the debts due to me. I wish to be collected and the money (after my private debts paid) to be especially laid by as a fund to be distributed between my two single daughters when they marry or as soon thereafter as it can be done to the amount of two thousand dollars cash and as the fund aforesaid may possibly not be sufficient to raise that sum and as ample provision has been made for my wife and the support of her family it is hoped and expected that if need be she will be able to continue largely to this and Item heretofore given to her (towit) my bank stock in the Insurance company may be applied to this purpose. I direct four, of my likewise young horses to be chosen out of my stock and one of them to be given to each of my single daughters their share of my Estate as hereafter directed and given and I also give to my son John over and above his equal share of my Estate as hereafter mentioned the sum of five hundred dollars if he does not obtain a liberal education but if he does he is not to have this sum, but he is to be charged with the sums expended at college like his brother lest the (bills ?) and give the management of my interest in the old and new cotton Factory and the Lotts, houses, and out buildings (appurtenant ?) thereto and Owned in partnership between Majr. Val. Peers and myself in the Town of Paris in my Executors until such time as they may deem it for the interest of my family to sell the same but if however the new Factory which is now alone in operation should do well and be profitable I would prefer my interest therein not to be sold during the life of my said wife or until my youngest child comes to twenty one years of age my Executors are however with the advice of the Trustees hereafter named in my Will for other purposes are authorized to do what they shall deem best and if they with advise as aforesaid, should deem it more for the Interest of my family, sooner to sell my Interest therein they are hereby impowered (sic) to do so and at any sale my wish and desire is that my family never own more than one half of said factory and whatever amount as soon as convenient (sic) and if my friend and partner
Majr. Val. Peers wishes to buy whatever Interest I may have more than one half therein my desire is that he do so, he paying over to my Executors annually as much as he can by any means raise until my interest in the Lotts (sic) is reduced to one half, my intension that not only my interest in the Lotts (sic) and buildings aforesaid pertaining to said factory, but of the machinery and stock thereto belonging shall be vested in and subject to the control of my Executors as aforesaid, until my interest in the aforesaid cotton Factory of Peers and Todd shall be otherwise disposed of, I direct that so much of the needed proceeds thereto as may be necessary to aid my wife in the support of herself and family and the education of her children be granted to her annually for that purpose or should either of my single daughters or both of them marry a part of the needed proceeds of said Factory may be applied by my executors if necessary to make up the portions herein before provided for and given to them but I am still in hopes that those portions can be paid out of the debts now due to me.- One thing I ejoin (sic) upon my wife and Executors as of primary importance that my son Andrew be supported at colleage (sic) until he completes his education changing him with the sum forwarded for his support at college as so much advanced of his portion of my Estate.- My will and desire is that my Estate real and personal and slaves shall be divided from time to time as to be the personal Estate and slaves as soon as may be, and the real estate as soon as the provisions of my will heretofore made will allow or permit, into eleven shares of equal value of which I give to each of my five living children two equal shares in value and to my grandson the son of my Deceased son David Todd one equal share
in value so as to give my said Grandson half as much as is given to each of my living children but each of my children are to account for and be charged with the sums and articles with which they shall or do stand charged in my books and my said Grandson with the sums and articles with which his father David Todd stands charged in my books which is to considered as advancements heretofore made by me to them respectively of so much of their respective portions of my Estate to be deducted out of the first distribution which shall be made of my
Estate. I give to my daughter Elizabeth Holt my dwelling house in Flemingsburg now occupied by my son in law Capt. David Holt and my said Daughter together with the inlot (sic) on which it stands and one other of my Inlots (sic) and one half of my out Lott (sic)in said town (all purchased of Thomas Daugherty Esqr.) at their valuation as so much of her part of my Estate. I hereby appoint Hugh Brent, Robert Trimble and William Hodge Trustees in whom I hereby vest all that portion and portions of my Estate real and personal and slaves herein before given or bequeathed to my two daughters Elizabeth Holt and Polly Todd, expressly declaring that the legal title to the same is and shall be consisidered in the said Trustees who are to have and hold the same to and for the use of my said two Daughters (free from the control of any husband or husbands of either of my said daughters except so far as the said Trustees shall permit) for and during the natural lives of my said two daughters or either of them as the case may be and after the death of my said two daughters or either of them to have and to hold her share to and for the use of any child or children of my said Daughters should die leaving one living child ??? ?????? or descendants of either in that case to have and to hold the portion of such daughter to and for the use of my other children and their Heirs. But as to the share of my Estate aforesaid heretofore given to said Trustees to and for the use of my daughter Polly it is further provided that said Trustees may pay to her at her marriage or when ever there after they may think proper the whole or any part of the portion of two thousand dollars in money herein before provided for her husband if said Trustees shall think proper to do so, and as to the residue of her share of my Estate the said Trustees may if they think proper after the End of six years from her marriage convey the same to her in absolute right and ownership and release to her their trust Estate therein. And whereas Majr. Val Peers and myself as partners in the before mentioned cotton Factory under the firm of Peers and Todd have heretofore obtained accommodations in the Paris Branch Bank to the amount of about two thousand two hundred dollars and it may be necessary and it is contemplated to obtain further accommodations in
said Bank not to exceed in the whole amount the sum of four thousand dollars for the purpose of the better carrying on said Factory and where at it is also in contemplation to secure not only the bank but the Endossers (sic) therein or those who may become endorsers for the purpose of effecting and accommodation or accommodations to the amount in the whole of four thousand dollars and it may be necessary to renew in Bank not only the notes heretofore discounted but which may hereafter be discounted therein in obtaining and continuing such accommodation. I do with a view thereunto author in and empower my Executors to join with my said partner Majr. Val. Peers in the Execution of any such deed of trust of the property held by us in partnership pertaining to our cotton Factories in Paris, as may be deemed necessary to secure and indemnify the said bank and Endossers therein as aforesaid and to renew the same from time to time & also the negotiable notes as need shall requires. I appoint my wife Guardian of my two sons during their minority. I nominate and appoint my beloved wife Executrix and my Andrew H. Right, John Gass and Thomas Phillips Executors of this my last Will and Testament and of it shall so happen that either not qualify or should die before my Will is carried into effect, upon such as do qualify or survive and if none qualify or all should die with out carrying out any of them continuing the succession of the Executor ship by appointing an Executor, then I vest all the powers herein given to my Executors not then carried into effect in my Administrator, with this my Will annexed, my Executors and Executrix shall not be required to give security. I give to my beloved wife absolutely three work horses and one riding horse such as she shall select and as many given to my to my two single daughters and two sons, upon further reflections my Will is that my Executors may
choose them out and sell them and afterwards when they shall think my said children or either of them needs a horse buy with the money a horse or horses of equal value for each of my said sons and two daughters if my Executors think it best to do so, I hereby do further Will and direct that my daughter Polly shall have my Negro Girl Nancy at her valuation in part of her portion of my Estate as heretofore given and subject to the same terms and that my daughter Peggy shall have my Negro girl Judy, sister of Nancy at valuation as so much or in part of her portion of my Estate heretofore given. I do hereby make publish and declare the proceeding thirteen pages as so marked as my Last Will and Testament this 29th day of April in the year of our Lord 1816. Andrew Todd (seal)
Signed and published by Testator in our presence and subscribed by Witness in his presence and the presence of each other at his request.
Thomas Mitchell, William Mitchell, John C. McPheters.
Bourbon County September Court 1816
This last Will and Testament of Andrew Todd Deceased was produced into court and proved according to law by the Oath of Thomas Mitchell, William Mitchell and John C. Mc Pheters all subscribing Witnesses thereto and being sw to by John Gass One of the Executors therein named (the only one who is willing to qualify) the same ordered to be recorded.
Attest: Thos. P. Smith CBC (note: County Bourbon Clerk).
I Andrew Todd upon further reflection do annex and add the following codicil to my last Will and Testament dated the 29th day of April 1816 and which I make publish and declare a part thereto in manner following (towit) I authorize and empower the Trustees appointed in my said lat will and Testament for my daughter Polly at any time when they shall deem it prudent and proper to do so without regard to the period of six years after her marriage therein mentioned to give and release to her
In absolute property all these portions of my Estate real personal or slaves given to her on which subject I request them to exercise their discretion as the cause inducing me to create the trust aforesaid for her benefit and which rests with them confirm ?????? may not so hapen (sic) as to require the turn to continue to carry my wishes into effect.
Bourbon County September Court 1816..
This codicil annexed to the last Will and Testament of Andrew Todd deceased was produced into court and proved by the Oath of Thomas Mitchell and William Mitchell subscribing Witnesses thereto and being sworn to by John Gass one of the Executors named in said Will is ordered to be recorded.
Attest: Thos. P. Smith CBC
I Andrew Todd as a further codicil to my last Will and Testament dated the 29th of April 1816 do make and publish the following as part thereof that so to say I give to my beloved wife seven hundred dollars in ????? which I have this day caused to be applied to such purposes either for herself or any of my children as she may think proper free from the control of my Executors it being intended that she shall have the Exclusive control thereof ..
Published and declared this 15th day of May 1816
Bourbon County September Court 1816
This second codicil annexed to the last Will and Testament of Andrew Todd deceased was produced into Court and proved by the Oath of William Mitchell a subscribing Witness thereto and being sworn to by John Gass one of the Executors named in said Will is ordered to be recorded.
Attest:: Thos P. Smith CBC
We know Andrew Todd made his first Will the 29th of April 1816 and having a change of heart added two codicils. Then having died by September 1816.
Transcribed by Lorraine Llewellyn May 03, 2002, proof read by George Llewellyn same date.