BAILEY BUTLER'S WILL

September 20, 1842


I, Bailee Butler do make and publish this my last will and testament hereby resolving and making void all other wills by me at any other time made.

First, I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any monies that I may dis ___ ___ of or may first come into the hands of my executor.

Second, my daughter Adelaine Fowler having received a full share therefore it is my will that she has nothing more of my property_ Third _ my son Franklin W. Butler having left the state and left me bound as his security for a large amount fully sufficient to make out his share of my property it is therefore my will that he have nothing more.

I give and bequeath to my son Thomas H. Butler one Lot of Land lying in the lower end of Turkey Creek Bottom as now lays of to be determined by lot or by choice as the parties may agree provided there is an exchange made with Adeline Fowler for her part. And if not, he is to have the lot at the lower end and one negro boy named Anthony.

Fifthly, I give and bequeath to my daughter Lucetia Butler one lot of Land in the lower end of the bottom as now lays off provided there is as exchange made with Adeline Fowler. For the part deaded (sic) to her and if not she is to have as much in value laid of the her above the mouth of Turkey Creek, to include the place where one William Kendall now lives and one negro girl named Cordelia.

Sixly is my desire that what punch Brandly Ihave on hand and one stud horse called Vantromp and eight other horses that 2 American gelding for market and the present crop of corn with the exception of a flintfull of supplys for the use of the family and stock for the ____ year and the beef cattle and pork hogs with the exception of a supply for the meat meat years consumption be set apart for the payment of my liabilities for Franklin W. Butler and is also my wish that one negro boy named George and one negro boy named Jack be held in reserve by my executor and if the above named property should not pay my liabilities then the two boys above named if ____ or one if that be sufficient be sold and the money or so much ____ as may be necessary applied to that purpose.

Finally, I give and bequeath ot my Dear beloved wife Polly Butler all of the balance of my land and my negroses during her livetime and then it is to be divided equally between her children but provided she should marry again, it is my will that she have one hundred acres laid of to her so as to include the dwelling I personally occupy and to ___ choice It is also my will and wish that all my children have a sufficient from the farm until they marry or become of lawful age.

Lastly I do hereby nominate and appoint my son Thomas H. Butler my executor in witness whereof I do this and set my hand and seal this 20th Sept 1842.

Signed, sealed and fulfilled in our presence and so have subscribed B. Butler our names hereto in the presence of the Testator this day and ____ above written.

William Hawkins
William Kendall

Witness I Sampson W. Cassity Clerk of Jackson County, Jackson County Court do hereby certify that the above & foregoing is a full true and perfect transcript of the last will and testament of Bailey Butler

____ in my office writing my hand of office this 29th day of August 1845

S. W. Cassity

copyright © 1998 Cass Butler
Updated July 3, 1998
Contact me at cassbutler@cmnlaw.com