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Kentucky Wills





Kentucky Wills, Probates and Estate Records

Bourbon County, KY
Peter Smelzer's Will
abstracted from "Asters at Dusk" by Polly Pollock

In the name of God Amen.  I Peter Smelzer of Bourbon County and State of Kentucky being sick and weak in body, but in sound and disposing mind and memory, do make publish and declare the following instrument of writing as my last will and testament of in and concerning my worldly goods and estate wherewith the lord hath blessed me in manner as followeth. first , it is my Will and I do hereby order, that my well beloved wife, Barbara, shall have and I do hereby bequeath unto her all the lands lying on Stoner bought of John South containing between four and five hundred acres with all and every of the Imporvements appertances thereupon and in any wise there unto belonging, to her the said Barbary my Said wife and to and for her only proper use and behoof for and in during the time and term till my youngest son Jacob shall come to his full age of twenty one years and from that time she my said wife shall have and hold of said land one thirts including all the improvements during her natural life and farther I will and bequeath unto my said wife Barbara all that tract and parcel of land lying near George Hershman in the aforesaid County of Bourbon containing about 130 acres of land with all and every of the improvements to and for her proper use for and in during the time and term till my youngest son Jacob shall be of the full age of twenty one years, and further I do hereby will and bequeath unto my said wife Barbara all my personal estate that is horses, cows, sheep, hogs and moveables of or on my said place where I now live or elsewhere, anything in any wise belonging to me, to her and for her only proper use and behoof and its farther my will and I do hereby order that my wife Barbara have full right and power in law or equity to act and do all, all things as she may think proper without being accountable to my said children here after mentioned, that is during the time till my youngest son Jacob comes to lawful age as aforesaid at which time all my personal estate which at that time may be in her hands and possession and what ever she may in the time adit thereto, shall be sold at publick ventue and the moneys there from arising my said wife Barbara shall have one thirts and the remainder to be equally divided between all my children which may at that time be alive or to such of there my said wife Barbara, for and in lue of the above legeseys, bring up my said children that is Mary Elizabeth, John, Annamaria, Jacob, Eve Elizabeth and Margaret in a Christian like manner and give them such learning as may be custemary amoungst us Dutch people, that is common learning with all other necessery asistance as the case may require.  Whereas I the said Peter Smelzer hold six hundred acres of land be the same more or less, in Mason County in the State aforesaid on the Waters of the flaiming bought of Jacob Myers, I now hereby will and bequeath the said land and the premises as also the place near Geo. Hershman in Bourbon County containing one hundred and thirty acres be the same more of less, as also the lands whereon I now live containing between four and five hundred acres of land be the same more of less in Bourbon County unto all my children, Peter Smelzer, my eldest son - Barbara wife to Phillip Doubenspeek, Chetharina wife to Nelcho Koutman, Mary Elizabeth, John, Annamaria,  Eve Elizabeth, and Margaret, and Jacob my youngest son in the following manner and condition of that is as soon as my said youngest son Jacob shall come to his lawful age of twenty one years, or in case of his death at that time and term, it shall and may be lawful for my children, or the husband of such that may be married, to choose amongst them selves, or a majority of them, three honest free holders, to fue and vallen all my said lands. or a majority of them to sett a just value on  them in the following manner.  The first mentioned six hundred acres to be for three settlements as the case will at mitt and so to fix the price agreeable to the vallue of its quallity, the place, lands near Hershmans to be valued to its price with the Improvement the home place in the same manner it being first divided in such parts for settlement as may sute and after such valuation  the sums in the whole appearing shall be equally dividet between all my above mentioned children or their heirs share and share alike either in lands case or other wise, and be it remembered that in case any of my said children should settle and improve any of the said lands that there improvements are not be valued by only the lands, and that after such settlement valuation and devition and of such my lands that my children there shall have shall be theirs right title and estate to them children there heirs, assigns forever.  it is to be remembered that the first mentioned lands to have been bought of John South, there is part lost of W.W. Mollin where on my hous and most of the Improvement which is to be to my said wife Barbara willed and bequeathed as aforementioned.  I farther do appoint my said wife Barbara gardain for over all my children which are yet under age.  It is farther my Will and I do hereby order that if any of my Children should die before they arive to there lawful age that the serviving shall equally divided the part of the deceased, and it is lastly my will and I do hereby order that my said wife Barbara shall or may not be held to give Bail or security for the executing this my last will and lastly I appoint my said wife Barbara executorix to this my last will and testament.  Given under my hand and seal Reblisked and declared as my last will and testament this 21st Oct. 1795.

Witness Present                                                                                         Peter Smelzer
Jacob Fry
(some Dutch names____)
it is farther considered by the Testator that if the within mentioned valluation and division be made of the lands bought of John South and Samuel McMollin that is the home place, that if my children, that is Annamaria is my daughter and my two sons John and Jacob should choose for there part of the said lands it is there for my will and I do hereby order that the or either of them shall have and it shall be lawful for them so to do, to choose for them selves such lot and the price of, or at the valluation to be paid in three years thereafter.  In witness whereof I have hereunto set, my hand and seal as within this 21st Oct 1795.
Jacob Fry                                                                                           Peter Smelzer
(some Dutch names___)
B. Swope
Bourbon County                   December Court 1795
This last will and Testament of Peter Smelzer deceased has proved by the oath of Benedict Swope, Henry Lyon and Jacob Frye witnesses thereto and ordered to be recorded, and on the motion of Barbara Smelzer the Executrix therein named who made oath to the same.  Certificate is granted her for obtaining a probate thereof in due form. 
Ex._________                     Test Tho. Arnold C.B.C
A Copy Attest:  Ed C. Caton
               Clerk Bourbon County Court, KY
****It has been estimated that  Peter Smelzer's land, valued at about $3000 in 1796 would have been appraised at about $550,000 in 1959.****

JAMES BROWN - Will Book A, page 284 - Those named - wife, Rachel; son, James; daughter, Catherine MCCOY; grandson, James MCCOY, when he comes of age; grandson Samuel David BROWN when of age. Written August 21, 1791. Proved January 1796. Executors - wife and Samuel HENDERSON. Witnesses - Enock HAYDON, Peter SMELLSER, Milchiah COUCHAMAN.