In The Name of God Amen:
I, Houston BRANDENBURG of Beattyville,
Lee County, Kentucky, being of sound mind and memory and considering the
uncertainty of this life, do make, ordain publish and declare this to be
my last Will and Testament.
First. I order and direct
that my executor hereinafter named, pay all my just debts and funeral expenses
as soon after my decease as conveniently may be.
Second. After the payment
of such funeral expenses and debts, I give devise and bequeath to my beloved
wife Margaret BRANDENBURG Twenty-five dollars in cash.
Third. I give devise and
bequeath all the rest of my estate real personal and mixed to my eight
children to be divided equally between them or their issue if any of said
children should die beofe my death
Lastly, I make, constitute and
appoint Sam THOMAS of Congleton, Lee County Kentucky, the husband of my
daughter Ida, to be Executor of this my last will and I ask that he be
allowed to act without bond. In Witness whereof I have hereunto subscribed
my name and affixed my seal this 6th day of September 1930
his
Houston X BRANDENBURG
mark
Attest. D. C. HOWELL
This instrument was on the day
of the date thereof signed, published and declared by the testator Houston
BRANDENBURG to be his last will and testament in the presence of us who
at his request have subscribed our names thereto as witnesses in his presence
and in the presence of each other.
Theo. B. BLAKEY
D. C. HOWELL
I hereby make this codicil to
this Will. I will to my son, Potter BRANDENBURG one dollar of my
estate and no more and the Third item of my will is modified to that extent.
Witness my hand this Sept 23
- 1933
his
Houston X BRANDENBURG
mark
Attest.
Theo B. BLAKEY
(unreadable in margin of will
book)
testator Houston BRANDENBURG
to be a codicil to his will in the presence of each of us who at his request
have subscribed our names thereto as witnesses in his presence and in the
presence of each other.
Theo. B. BLAKEY
D. C. HOWELL
To Hon. J. Pryse THOMAS, Judge
Lee County Court.
Know All men by these presents,
that Whereas, Houston BRANDENBURG, died testate on April 27th, 1942 and
that on September 6th, 1930 he executed a will devising his property -
real, personal and mixed, to his eight children including Potter BRANDENBURG,
sharing equally in is estate, and whereas on September 23, 1933, he (Houston
BRANDENBURG) in his informities and feebleness of mind and body executed
a codicel to said will leaving or bequeathing only one Dollar to the said
Potter BRANDENBURG, our brother, now we, the heris at law of Houston BRANDENBURG,
deceased, in order to have him (Potter BRANDENBURG) share equally with
us in decedents estate, do hereby renounce and hold for naught the said
codicil and terms or condition thereof, and elect affirm and abide by the
original will and agree and vovenant with the said Potter BRANDENBURG as
an equal devisee with each of us, the undersigned heirs at law of Houston
BRANDENBURG; that we agree to have the said Potter BRANDENBURG receive
his distributable share in said estate, and in the event of a divison of
the real estate we agree for said son of decedent to have one-eight of
the land and execute to him a good and sufficient title to the same, and
in the event of a sale of said land he shall receive one-eight of the proceeds
of such sale, as though no will had been amde by testator.
Given under our hands this
May 11th, 1942
his
C. E. TYREE
Dan X BRANDENBURG
Willie MCINTOSH
mark
Ollie BRANDENBURG
his
C. E. TYREE
Miles X BRANDENBURG
Willie MCINTOSH
mark
Mattie BRANDENBURG
Ida THOMAS
J. S. THOMAS
Girlie COOPER
Lewis COOPER
Retta FOX
Hargis FOX
her
C. E. MCINTOSH
Alpha X BAILEY
Willie MCINTOSH
mark
Walter BAILEY
Lula TINCHER
Tolley TINCHER
State of Kentucky
County of Lee
I, Elizabeth MATTOCKS, Clerk
of the Lee County Court do hereby certify that the foregoing Will of Houston
BRANDENBURG, Codicil and Renonciation to said Will was on the 11th day
of May 1942, produced and filed in open Court; whereupon same having
been proven by testimonies of subscribing witnesses thereto, same etablished
by the Court to be said Will and Codicil, and ordered that said Will, Codicil
and Renunciation be recorded by the Clerk of Lee County Court, whereupon
the same with the foregoing and this my certificate have been duly recorded
in my said Office in Will Book No. 1 Page 446.
This June 13th, 1942
Elizabeth MATTOCKS
Clerk Lee Co. Court |