John Clayton Mount Will
will from Oldham Co Kentucky will book 2 pgs 455, 456, 457
transcribed by Kathy Reeves
I John C. Mount being of sound mind and deposing of memory do make and publish my last will and testement in manner and form as follows, viz.
1st. I wish all my just debts and funeral expenses paid as soon after my death as convent
2nd. I will and bequeath to my son J. W. Mount the track of land upon which I now reside in Oldham County Kentucky containing about one hundred forty acres more or less and the same conveyed to me by Harriett Locke. I have heretofore given to my daughters about Seven Thousand dollars each in land & other property.
3rd. If my wife Julia H Mount survives me I will and bequeath to my wife all the rest and residue of my estate real personal and marked for and during her life and if she sees fit she has full and absolute permission to sell convey and depose of the same as she may deem best and what ever may remain undisposed of at her death is to be equally divided between J. W. Mount, R. B. Oglesby and Lydia A. Yager, and the children of my deceased daughter Louisa Edds, said children to have the portion that would go to their mother had she survived me, & the bequeath made to her. If she does not survive me then the portion devised to her , is to be divided as above denoted as my death. If my wife does not sell and convey the Eighty Two acres of land conveyed to me by Lydia Lock during her lifetime then I bequeath the same to my son J. W. Mount upon his paying to my daughters and the children of Louisa Edds their portion then of in money and in order to fix the value of said land., J. W. Mount is to select one man & they select one, and if these two do not agree they to select a third mand and there should fix the price at which my son should take said land.
4th The portion of my Estate bequeath to my daughter Lydia A. Yager is to be held in trust by my son J. W. Mount for the sole and separate use of my daughter and her children free from the control and debts of her husband. And if it can be advanced advantageously done, I wish my said son to invest my said daughters portion in real Estate, the title to be held in trust for her sole and separate use, and at her death to be equally divided among her children if any survive her if all said children die leaving no issue then the portion herein devised to my said daughter shall revise to my estate and be divided equally among my other heirs. My son is to be permitted to use without giving find as trustee. If my said daughters portion is not invested in real estate then the interest is to be paid over to her annually during her life and at her death the same shall be equally divided among her children, if any survive her, and if all die leaving no issue the same is to become part of my estate & be divided as above. It is left to the sound discretion of my son as trustee of said as to making said investment and it shared be done if the trustee so determents, at her request. I appoint my son J. W. Mount Executor of this my last will and testament and request that he qualify as such with out bond or security.
Witness my hand this 14th day of January 1888.
J. C. Mount
Attest
S. E. De Haven
J. R. Adams
I John C. Mount being of sound mind and disposing memory herby make and publish this as a codicil to my last will of date January 14, 1888 as follows.
In the 4th clause it is recited by me that the portion of my estate bequeathed to my daughter Lydia A Yager is to be held in trust by my son J. W. Mount for the sole and separate use of my daughter and her children free from the use, control and debts of her husband. And if can be advantageously done I wish my said son to invest my said daughters portion in real estate or in other securities such as bonds or bank stocks if it should be in his opinion and more judicious, or profitable investment than in real estate as set forth in the 4th clause of my said will. It is also my will that the said J. W. Mount shall pay the interest that may occur from, or the profits that may arise from all the property of said to my said daughter & her children after my death annually and the same shall be for her sol & separate use as well as that of her children and free from the control and debts of her husband. After my death it is my will that in case the husband of my daughter Lydia A Yager die the said J. W. Mount shall convey by deed to my said daughter all of the property set forth in the 4th clause of my will, and this codicil to dispose of by deed as will as in any way whatsoever.
Witness the hand of John C. Mount this 28th day of August 1889.
J. C. Mount
Attest Jas W Head & acknowledged by J.C. Mount December 20, 1889 in the presence of Wm Carroll, Joe Clore, John Holmes
State of Kentucky
Oldham County court regular term held February 20, 1893.
A writing dated January 14, 1888 purporting to be the last will and testament of J. C. Mount deceased late a resident of Oldham County Kentucky together with a codicil that's dated August 28, 1889 which will and codicil were filed in court and said will was proven by the oath of S. E De Haven and J. R Adams the two subscribing witnesses thereto and said codicil was proven by the oaths of Joe Clore and John Holmes tow of the subscribing witnesses thereto it is there for agreed by the court that said will and codicil is the true last will and testament and codicil of the said J. C. Mount deceased and that said will and codicil be received as and for the true last will and testament and codicil of the said J. C. Mount Deceased. I certify that I have truly received said will and codicil in my said office.
Attest J. R. Adams clerk
by Tom H. Alsop Deputy clerk