Stephen Treadway Will
10 Mar 1877
Will Book G
Donated by Jared Treadway
Montgomery Co., Kentucky
I Stephen Treadway of the County of Montgomery and the State of Kentucky make the following as and for my last will and testament hereby revoking all wills heretofore made by me.
Item 1st: I will and bequeath to my wife Martha Ann Treadway if she survive me, all my personal estate, to dispose of as she may choose.
Item 2nd: I give to my said wife if survive me, all the land of which I may die seized and possessed to have hold use and controle the same for and during her natural life.
Item 3rd: After the death of my said wife, I will and direct that the land I have herein given her for and during her natural life, shall be divided equally between and among my following named children to wit: Elizabeth Becraft, Mary Sulalla, Martin A. Treadway, Samuel P. Treadway, James S. Treadway and Milton Treadway. In said equal division among my said children above named, I want it distinctly understood, that I have heretofore given to my son James S. Treadway four acres of land and my son Milton Treadway five acres of land, for which I have charge each of them four hundred dollars, but neither of………………………………
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hundred dollars worth of land he has received from me. In the equal division among my said six children above named, I direct that they the said children or a majority of them, shall choose three disinterested neighbors or friends to value and divide said land, but if my said children do not choose said three neighbors or friends as herein directed, to value and divide said land, within three months after the time shall have come for that purpose, then I direct that the county court of Montgomery County shall appoint three commissioners for that purpose; and said commissioners, or three neighbors, if my said children choose them, shall shall so lay off and divide said land that Elizabeth Becraft, Mary Sulalla, Martin A. Treadway, and Samuel P. Treadway shall each receive a lot of land worth four hundred dollars more in value than the lot of land that they shall lay off and assign to either James S. Treadway, or Milton; and this I direct shall be done to make the said Elizabeth Becraft, Mary Sulalla, Martin A. Treadway, and Samuel P. Treadway equal in proportion with my said sons James S. and Milton Treadway. My said sons James S. and Milton Treadway each, as the the lot of land that I have given him now in possession, and under no circumstance shall any of their land be valued or taken from either of them in making said division.
Item 4th: If I should survive my said wife, then I desire that after my death, the land above named be divided among my said children as directed in item third, of this my will.
Item 5th: I do not give my daughter Kizziah any of my estate that I may have at my death, for the reason that she has been very expensive to me, and has already received as much of my estate as I can give to any one of my other children.
To the children of my daughter Nancy Sulalla died I give nothing for the reason that their mother, the said……………..
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on account of my services to him the said Griffin, during his life.
Lastly I appoint E. E. Garrett Executor of this my last will and Testament, and in the event he fails to qualify, I appoint my friend Jas. H. French executor of this my last will.
Witness my signature this 10th day of March 1877.
Stephen Treadway
Attest:
J. Pike Powers
N. P. Tipton
James Chorn
State of Kentucky, Montgomery County Court, June Term, July 3rd 1882
An instrument of writing purporting to the last will and testament of Stephen Treadway deceased, was produced to the on the 21st day of Nov. 1881, and was proven by the testimony of James Chorn one of the attesting witnesses thereto to be the last will and testament of said deceased and was continued for further proof until the 3rd day of July 1883, when J. Pike Powers another attesting witness thereto appeared in open court, and after being sworn proved that said instrument was the last will and testament of the said Stephen Treadway decd and as such is established by the court and ordered to be recorded which is now done.
Given under my hand this 3rd day of July 1883.
B. F. Wizall?, Clerk