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1902-09-26 Will of James Harvey Applegate 1D3C1B4E



Will of James Harvey Applegate 1D3C1B4E
Lewis County (KY) Will Book H:367

In the name of God, Amen. I, James Harvey Applegate, of the town of Tolesboro, [sic] Lewis County, State of Kentucky, Merchant, being of sound and disposing mind and memory, calling to mind the frailty and uncertainty of human life, and being desirous of settleing [sic] my worldly affairs, and directing how the estates with which it has pleased God to bless me, shall be disposed of after my decease, while I have strength and capacity so do do, do make and publish my Last Will and Testament, hereby revoking and making null and void, all other Last Wills and Testaments, by me heretofore made.

And first, I commend my immortal being to Him who gave it, and my body to the earth to be buried by my Executors hereinafter named. And as to my worldly estate and all the property, real, personal, or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to-wit: Imprimis. My Will is, that all of my just debts and funeral charges shall by my Executors hereinafter named, be paid out of my estate as soon after my decease as shall by him be found convenient.

Item, I give and bequeath to my beloved wife, Pamelia Applegate, all of my estate both real, and and personal, of which I am possessed at the time of my decease, and all of the issue, profits and rents thereof, to have, use, and to hold during the term of her natural life.

Item. From and after the decease of my said wife, I Will that the estate remaining, shall by my executor, be, at his earliest convenience, be converted in to case by sale to the highest purchaser, and said money or monies accrueing [sic] from said sales, be equally divided between my beloved brothers and sisters, namely. Louisa Wallingford, Belvin Applegate, Sophia Ann Hyfield, Marcus Applegate, John B. Applegate, Manuel Applegate, Stephen Applegate, Elizabeth Applegate, William Applegate, their heirs and assigns.

I do hereby constitute and appoint Frank A. Applegate, sole executor of this my Last Will and Testament.

In witness whereof, I have hereunto set my hand and seal, this 26th. day of September A.D. 1902

James H [his mark X] Applegate [seal]

The above instrument of one sheet, was at the date thereof declared to us by the testater, [sic] James Harvey Applegate, to be his Last Will and Testament, and he then acknowledged to each of us that he had subscribed the same, and we at his request sign our names hereto as attesting witnesses.

W.T. Burdick
R.C. Calvert
B.B. Applegate

CODICIL

Whereas, I, James Harvey Applegate, of Tolesboro [sic], Lewis County, State of Kentucky, have made by [sic] Last Will and Testament bearing date of September 26 A.D. 1902. Now I do by this writing, will that should it be necessary for the comfort, maintenance and support of my beloved wife, Pamelia Applegate, my executor heretofore named shall be empowered and directed to sell any or all of my real or personal estate as may be needed and that she may be at perfect liberty to use the money or monies from said sale or sales for her said confort, maintenance and support.

In witness whereof, I have hereunto set my hand and seal, this 26th. of September A.D. 1902.

James H [his mark X] Applegate

The above instrument of one sheet was at the date thereof, declared to us by the testator, James Harvey Applegate, to be a Codicil to be annexed to his Last Will and Testament, and he acknowledged to each of us that he signed the same, and we at his request sign our names hereto as attesting witnesses.

W.T. Burdick
R.C. Calvert
B.B. Applegate

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