Will of Benjamin Kilgore,dated March 22, 1802; Proved September 1802, Livingston County, Kentucky
"[page]45 BENJAMIN KILGORE Will
I BENJAMIN KILGORE of the state of Kentucky & county of Livingston being weak in body but of sound and perfect mind memory reason and understanding now calling to mind the mortality of my body and Knowing that its appointed of god for all flesh once to die do make ordain and declare this my last will and Testament and desire it to be recieved by all as such first my body to the Earth from whence it was taken my soul to god who gave it. touching my worldly estate wherewith it hath pleased god to bless me with in this life I will and positively order that it be dealt with and disposed in the manner following and herein after mentioned by those to whom I shall commit its future management I order that all my worldly debts be Justly paid out of my estate.
Then I leave to my son JAMES KILGORE two dollars as his full share of my estate and
I also give to my daughter JANE ADAIR the like sum of two dollars as her full share of my estate
to be their entire share and Legacy forever of my estate.
Then I order that my son JONATHAN KILGORE be schooled so long as will enable him to read write and cypher well as far as the rule of three at the expence of my estate then I will and positively order that all and singularly every part and parcel of the remaining part of my estate together with my Lands Tenements and hereditaments be and remain in and for the proper possession use and support of
my wife JANE KILGORE for and during her natural lifetime without any other distribution except such as may be necessary for then from and after the time of her death.
I will and positively order that the remaining part thereof be conducted in the manner following :
I give to my son JONATHAN KILGORE one negro girl named JUDE aged about nine years old as also the plantation and tract of land whereon I now live containing two hundred acres which I also order to be cleared through the office at the expence of my estate and if he the said Jonathan should die before he marries or comes of lawful age then the Legacy left him to be equally divided between ELIZABETH WOOD, ISABEL GREER, JOHN,WILLIAM,DAVID,HUGH,SAMUEL & POLLY KILGORE.
Then I also give to my son BENJAMIN KILGORE fifty dollars as his full share and Legacy out of my estate forever
I also give to my son JOHN KILGORE one negro boy named GEORGE aged about two years old.
I also give to my son DAVID one other negro boy named DANIEL aged about five years old.
I also give to my son HUGH one negro woman named SYLVI aged about Twentysix years old.
I also give to my son SAMUEL one negro man named DANIEL aged about twentynine years old.
I also give to my daughter POLLY KILGORE one negro boy named PETER aged about two months old, the five last mentioned negroes if alive at the death of my wife are to be valued by two or more fit persons and the Legatees to whom I have left them are to recieve them at their valuation.
Then all my other estate that may be yet remaining together with the increase of the negro woman left HUGH KILGORE if any there should be before the death of my wife I order to be sold in due form of law and the money arising therefrom to be equally divided between :
ELIZABETH WOOD, ISABEL GREER and WILLIAM KILGORE.
Then the five Legatees to whoom I have left the five last mentioned negroes shall pay back or recieve as the case may be so as to make the Legatees all even and equal between : ELIZABETH WOOD, ISABEL GREER, JOHN,DAVID,WILLIAM,HUGH,SAMUEL & POLLY KILGORE
but if either of the last five mentioned negroes should die before the Legatee recieves it they shall yet command their equal share as before mentioned so as to have the same advantage as was before mentioned.
I also make ordain depute constitute and appoint my wife JANE KILGORE executrix and JOHN MERCER execut[or]
of this my last will and Testament in Testimony of this being my last will and Testament I do hereto set my hand and affix my seal this 22nd day of March in the year of our Lord one thousand eight hundred and two & directed to be received by all such -- Two half lines on second side was erased out before signed sealed Delivered in presence of WILLIAM GILKEY Z B HOBERT JONATHAN GREER BENJ.N KILGORE (seal) Livingston county
September county court 1802.
This will was exhibited in court and Proved by the Oaths of WILLIAM GILKEY Z.B. HOBERT and JONATHAN GREER subscribing witnesses thereto and ordered to be recorded Test ENOCH PRINCE C.H.L."
Names in will: KILGORE,Benjamin KILGORE,Jane (Wife/Extx.) Children: KILGORE,James,Jonathan,John,William, David,Hugh,Samuel,Benjamin KILGORE,Polly ADAIR, Jane WOOD, Elizabeth GREER, Isabel