Will of Susan E Applegate
Carroll Co. (MS) Will Book 1-33
In the name of God, Amen.
I Susan E Applegate being of sound mind and disposing memory and mind and in the love and fear of God.
Do make this my last will and Testament,
First, I desire to properly and decently interred.
Secondly, I give in Trust to my dearly beloved Husband Samuel Applegate for and during his Natural life free from all his debts and Liabilities now contracted of and hereafter contracted for, All lands, Household and Kitchen Furniture, Appertinances [sic], Stock of all Kinds, wagons and Farming utensils and all things else on said Farm at my demise.
To be held by my said Husband in Trust for the especial use and benefit of my Beloved Daughter Emma McKenzie and the children of her Body forever, Provided that in no even the Realty to pass from under her controll [sic] untill [sic] Ten Years shall have elapsed after her Father Samuel Applegate death, only then if deemed advisable for a further investment for the especial benefit of my daughter and her children. And further provided that my Husband Samuel Applegate shall be the direct beneficiary of all profits arising from cultivation of said Farm at his discretion. I further require my Husband to pay all Taxes repairs and Keep up the repairs requisite for a well cultivated farm necessary from innovation. Then after a careful care and culture all expenses having been paid including my Husband’s living I desire all surplus to be paid to my daughter Emma to be used by her in any manner she may desire. My desire is that my Husband Samuel Applegate will in no way allow the Land, stock or any thing else to become incumbered by Taxes or Debt of any Kind. And at the death of my Husband the property both Real and Personal herein intended to pass to my daughter Emma McKenzie free of debt or any incumbrances whatever. And further provided that all Furniture or any thing else I give to my daughter Emma as she may desire to take without my Husband’s controll during my natural life. And it is further provided that in the even of the death of my daughter Emma McKenzie after the death of her father Samuel Applegate I require the Judge of the Chancery Court to appoint an administrator or trustee to act for my Grand children giving a Bond to cover all deficiencies as required by law governing Infants Estates.
This the 15th day of January A.D. 1882
s/ Susan E. Applegate {seal}
Witnessed by W C Billingsley
W. R. Hydes (of Louisville Ky)
CODICIL
I further desire and instruct that the Piano now in my possession be given as a token of Love to my Grand children Sue Hellen, Lyllian and Rosebud McKenzie the children now living of my daughter Emma McKenzie.
s/ Susan E. Applegate {seal}
This 20th January 1882
Witnessed by W.R. Hydes
W.C. Billinglsey
Louisville Ky, Feby 20th 1883
J.L. Cain Esq
Clerk, Carroll Circuit Court, Second District
Vaider Miss.
Dear Sir,
In reply to your request will state that I wrote Mrs. Susan E. Applegate’s last will and Testament.
I read the same to her and with a little alteration which I made at her request I signed it in her presence and at her request and am under the impression that she signed it in my presence but am not certain, but think she did this is my best recollection. I did not see Mr. W.C. Billingsley sign his name nor did he see me sign my name.
Respectfully
W. R. Hydes
State of Kentucky
Jefferson County
This day Personally appeared before the undersigned a Notary Public for Jefferson county W.R. Hydes unknown to me and made oath that the statement contained in the foregoing are true.
Witness my name and Notarial Seal this 19th day of February 1883
J Sped Peay [very difficult to read]
Notary Public
This day personally came before the undersigned Chancery court in and for said County, W. C. Billingsly one of the subscribing witnesses to the last will and testament who states that the said decedent Mrs. Susan E. Applegate sent for affiant to come to her house for the purpose of signing her last will and testament and that went and when he arrived said testatrix presented the instrument hereto annexed saying it was her last will and testament with a codicil both of which said will and the codicil was signed by her and the subscribing witness W.R. Hydes of Louisville Ky. She requested Affiant to read it over to her which Affiant did carefully, both the will and codicil and the testatrix said it was “all right” and requested affiant to sign his name as one of the subscribing witnesses which Affiant did then and there and in her presence. Affiant further states that he then recognized the signature of Mr.s Applegate the testarix as genuine and so recognizes it now and that he is familiar with her handwriting as well as being familiar with the handwriting of the subscribing witness W.R. Hydes and states that both of said signatures are genuine. Affiant further states that said testatrix at the time Affiant read said Will and codicil over to her as aforesaid she was of sound and disposing mind and affiant was told by said testatrix that it her will and codicil.
Affiant further states that the instrument here [illegible] is the identical instrument which said testatrix presented to him saying it was her last will and codicil and which he subscribed as aforesaid.
s/ W.C. Billingsley
Sworn to and subscribed before me
the 3d day of March 1883
J.P. Marshal clk
By J.R. Cain DC
Proven probated and admitted to the Record of Wills Mch 5th 1883
/s J.P. Marshal Clk
By J.R. Cain D.C.
