Madison County, Kentucky
Will Book 5, pgs. 312-313


William, James W. - Will

I James W. Williams, of Speedwell, Madison County, Kentucky, being of sound and disposing mind and memory, do make publish and declare this to be my last will and testament hereby revoking all wills by me heretofore made.
(1)  I direct that all my just debts and funeral expenses be first paid out of my estate as soon as practicable after my death
(2)  I give and devise to my beloved wife Cynthia E. Williams, for her use and enjoyment during her natural life, all the real estate that I own or have the right to dispose of at the time of my death what is situated in Madison County Kentucky and at the death of my said wife I give and devise all of said real estate situated in said County to my grand - daughter Myrtle Smith and her husband Walter Smith jointly to be theirs absolutely and in fee simple.  I now own three adjoining tracts of land near Crooksville in Madison County where I now live, and it is my intention to sell the same.
(3)  I give and bequeath to my said wife, Cynthia E. Williams, all personal property, including all cash in hand or in bank, all live-stock, furniture, household goods, farming implements and all other personal property, of every kind and nature, whereever situate, that I may own or have the right to dispose of at the time of my death for her use and enjoyment during her natural life with full power to sell and dispose of any or all of the same: and if any of the aforesaid personal property has not been disposed of at her death I give and bequeath the same to my grand - daughter, Myrtle Smith and her husband Walter Smith, equally, share and share alike.
(4)  I now own a tract of land on Clover Bottom, near Sand Gap, in Jackson County, Kentucky.  Should I own the same at the time of my death I direct that my hereafter named executor dispose of and sell said land, at public or private sale and for cash or upon such terms of credit as said executor shall deem best, and [___] of the proceeds of sale he will first pay cost thereof next out of said fund I bequeath to my son William Williams the sum of $150.00, and the balance of said fund I bequeath as follows - two-thirds thereof to be divided share and share alike among the children of my deceased daughter Mallie Smith, one sixth to my son Valentine Williams, one sixth to my daughter Mary Kirby, now Mary Brockman.  I fully empower my said executor hereinafter named to execute and deliver proper deeds of conveyance for said property, in Jackson County, Kentucky.
(5)  I, make, nominate and appoint J.L. Gay, of Berea, Kentucky, the executor of this my last will and testament with full power and authority to carry out all the terms thereof.
      Witness my hand at Berea, Kentucky, this February 20th, 1931.
Witness:
Dr. R.E. Bartlett
S.B. Fowler
his
James X W. Williams
mark




Signed and acknowledged by James W. Williams as and for his last will and testament in our presence and by us subscribed as attesting witnesses at his request and in his presence and in the presence of each other.
This 20th day of February, 1931.
B.H. Jennings, Berea Ky
D. Andrew Shearard, Berea Ky




An instrument of writing purporting to be the last will and testament of J.W. Williams, deceased, late of this County, who died on the      day of April, 1932, was produced in Court and offered for probate, whereupon came Willie Williams, one of the surviving children and heirs and law of said J.W. Williams and the mentioned as one of the devisees in said will and [____] and excepted to its probate.  Both said objector and the surviving widow, Cynthia Williams, and the other propounders of said said will, through their respective counsels having announced ready for trial of the issues joined, the Court proceeded to the evidence introduced by the propounders and the objector.  The execution of said instrument was proved by D.A. Shearard and B.H. Jennings, the witnesses signatory thereto, and also by the testimony S.B. Fowler, attesting witness who testified that he signed the name of said J.W. Williams to said will at his request:  Whereupon the Court, after hearing all the evidence and arguments of counsel, established the same to be the last will and testament of J.W. Williams and ordered the same to be recorded, which is now done accordingly this June 20th, 1932
W.B. Turley, Clerk
By E.T. Higgins D.C.


NOTE:
As one can expect after reading this will,it proved very divisive among the children and grand children of James W. Williams.  My father was seven years old when his great grandfather died.  His mother, Gertrude, is the daughter of Willie Williams who objected to the will.  According to my father James Williams was basically out of his mind at this time.  James would wonder off the farm and they would have to send people after him.  Most of the children of Willie Williams would not speak to Myrtle and Walter Smith, most thinking that there was something underhanded going on in regards to the writing of the will.   Gertrude, however, kept close contact with Myrtle and Walter Smith.   My dad remembers going to "ice cream socials" and Sunday dinners at "their" new home.  Cynthia remained in the home and Myrtle and Walter moved in after the will was probated.  Anna Williams bought the farm at Clover Bottom and it is believed her son still owns it.  This farm is the original homestead, ca.1838, of William E. Williams and Elizabeth Dowden.  What makes this whole thing ironic is that Myrtle Williams Smith was the daughter of Willie Williams.


transcribed by Ran Raider
11/14/98
Hosted by www.Geocities.ws

1