Last Will and Testament of Robert B. McAfee

Robert B. McAfee wrote his last will on April 6, 1846. He died March 12, 1849. This transcription was kindly provided by , a descendant of Robert B. McAfee through his daughter Eveline Breckenridge McAfee Edelen.

I Robert B. McAfee of Mercer County, Ky, calling to mind the uncertainty of life and wishing to dispose of my worldly estate, do hereby constitute this writing as my last will & testament, all which is in my own handwriting. 1st I commend my soul into the hands of Almighty God who gave it in full reliance upon the merits of my Saviour alone and my body to be decently buried by my Executor at New Providence near my little daughter (1) who is buried there, and then I desire that all my just debts be paid.

2nd I will to my son William and his heirs all that part of the farm he lives on, which lies above a line beginning in Salt River at the mouth of the dry valley Branch below his house hence East to the back line if that line will include three hundred & sixty acres or more, but it if will not include the quantity named then to include that No of acres by Beginning lower down on the River and he is to pay my two daughters Hannah and Eveline seven hundred and fifty dollars each within five years after my decease and I will to my daughter Mary C. the ballance of the 2d tract of land except four acres which the trustees of the N. Providence church may have east of the present lott or one acre of which may be taken on the west side I mean the trustees of said branch of N. Providence church belonging to the constitutional General assembly of which Dr. Rev. Thomas Cleland is pastor provided the said trustee pay to my said daughter Mary, one hundred dollars within two years after my decease and if not the land is to go to her and her heirs.

3rd It is my further will that my beloved wife Mary and son James shall have the tract of land & plantation on which I reside including my mills as tenants in common during the life of my wife remainder to my son James and his heirs forever but my wife is to have such control of my house as she may choose during her life and they are to pay to my daughter Nancy Hooe seven hundred and fifty dollars to aid in paying for the house and lott she lives on in Harrodsburg and an equal sum to the children of my deceased daughter Sally C. Olds.

4th I will will to my wife and son James as tenants in common one hundred acres off the East Side of the tract of land I bought of James Thompson on the west side of Salt River to extend North to Simon Vanarsdalls tract of land, the ballance of said tract of land I will to my daughters Louisiana J. Alexander, Nancy C. Hooe, Hanna J. and Eveline B. & their heirs. The shares of the two latter named to be off the North End including the Phillips place all to have an equal quantity of acres. The first named hundred acres at the decease of my wife shall go to my son James and his heirs.

5th If my son James departs this life unmarried or without children previous to the death of my wife the land willed to him shall continue in my wifes hands during life and then shall be disposed of as she may direct to any four of my children. Robt. B. McAfee the son of my son William being one. But if my son James outlives his mother then he may hold and dispose of the land as he pleases in fee simple.

6th I hold a note on David Magee and John Cardwell for five hundred dollars which is in dispute between the Danville College and Lewis Roses Heirs to be given to the successful party.

7th I hold another note on David Magee and John Cardwell for about three hundred and forty nine dollars which I will to my daughter Louisiana J. Alexander with its interest.

8th I will to my wife Mary all my bank stock in the Northern Bank of Ky. And Girard Bank of Philadelphia during her life for her support charged with the payment of my note in the Danville Bank by its interest.

9th After the decease of my wife I will my Northern Bank stock to my sons William & James & my Girard stock to my daughters and their heirs.

10th I hold a note on my son James for five hundred and two dollars which belongs to Lewis Roses Heirs subject to settlement for my services for which I expect five per cent on the whole Estate.

11th I will all my religious books to my wife and the ballance to my sons William & James. The first portion willed to my wife she may at her death dispose of to my daughters.

12th My farming utensils, horses, cattle, sheep & hogs I will to my wife & my son James to pay my debts.

13th I will the choice of five of my blacks to my wife & son James to their own use, remainder after my wifes death to James & his heirs and he is to see his unmarried sisters provided for and supported until they are married. I will my black boy Henry or Claiborne at the option of James to my son William.

14th I will to each of my daughters Mary C., Hannah & Eveline each one black girl or boy the issue of my Black girls Susan & Harriet and if any remain to be divided equally between all my children, to be selected by my wife.

15th My household & kitchen furniture I will to my wife during her life giving to my unmarried duaghters on their marriage and to my son James at my decease such portion as she may choose. I also will my unmarried daughters to have a colt, horse or mare at my wife's option when they marry.

16th I nominate my sons William & James & my wife Mary my Executors & Executrix with full power to make deeds to any land I have sold and to qualify without appraising my Estate or giving security--witness my hand and seal this 6th day of April 1846.

Robert B. McAfee (Seal)

Mercer County April County Court 1849
The foregoing last Will & Testament of Robert B. McAfee decd was this day produced into Court and filed & ____ and at the May County Court 1849 the Same was proved to be wholly in the hand writing of the said Robert B. McAfee by the oaths of Samuel Daviess, John D. Thompson, Isaac Gray & Thomas Allin and ordered to be recorded, which I have done. Attest
Thos Allin (Seal)

Transcriber's Notes:

1: This daughter was Mary H. McAfee, born Mary 7, 1820 and died May 30, 1822. (Source: New Providence Cemetery Records, transcribed by Harrodsburg Historical Society).