WILL OF WALLER SMALL

 MASON COUNTY KENTUCKY

WILL BOOK #4 PAGE 133-135

To all men that I Waller Small resident at the town of Mayslick, Mason County state of Kentucky make this instrument of writing to be my last will hereby resending any will heretofore made by me. Firstly I direct that my just debts shall be paid. Secondly I leave to my beloved Wife Rachel Remall for her use and benefit to be held and enjoyed by her during life all my estate. Real personal or other. Thirdly after the death of my wife I direct that my executor herein after named shall sell my real estate situated in the County of Caster ? (Cass) state of Missouri containing one hundred and twenty acres also my real estate situated in the town of Mayslick, Mason County state of Kentucky known as my home property said real estate together with such personal estate as may remain after death of my wife shall also be sold and my executor is hereby empowered to convey title to the purchaser or purchasers of said real estate or personal estate household goods this with the proceeds of said sale including cash that may be on hand after the death of my wife I direct that the proceeds of the whole shall be divided in ten equal parts viz: to my brother Washington Small two tenths or two parts: to my brother James Small two tenths or two parts; to John Small son of my deceased brother Cornelius Small one tenth or one part. To the three sons of my deceased brother David Small viz: John Thomas, Janis Waller and George Henry Small one tenth each or one part each. Mary D. Howe my sister in law one tenth or one part and to my sister in law Elizabeth Anderson widow of the James H. Anderson one tenth or one part. To David Small a grandson of my deceased brother David Small I give my gold watch.

I hold two notes against each of my brothers Washington and James Small and my direction is that Washington shall be charge on his two notes at the rate of --------(unreadable) per cent per annum and my brother James likewise in neither case shall compound interest be exacted. Proceeds of said notes to constitute a part of the assets of the estate. Fifthly- In case of the death of my sister in law the above named Elizabeth Anderson before the distribution of my estate, in that case I order and direct that my estate shall be divided in nine equal parts between the other named parties or heirs upon the same basis named above. I hereby appoint Anderson Finch my executor. Given under my hand this the 26th day of July 1889.

Signed Waller Small

Witnessed by: John T. Wilson

Jonas Myall

CODICIL

I make this codicil for the purpose of clearly expressing my wishes in regard to the personal estate that I may die the owner of my will is that my executor shall hold and manage according to his own judgement all my personal estate including money, notes and accounts he shall pay over to my wife from time to time whatever he may think she needs of said money and personal and may expend for her whatever of same money he thinks is needful or useful for her support or comfort. In so doing his is not be limited to expending simply the income of my said personal but may use all or any portion of the principal if there shall remain the distributor of my estates and I also give to said Mrs. Mary D. Howe and Mrs. Elizabeth Anderson at the death of my wife my household goods furniture, beds, bedding etc, but not including my books, to be divided equally between them. In testimony whereof I do hereby subscribe my name this 13th day of September 1890.

Signed: Waller Small

Witnesses: Jonas Myall

J. M. Myall

The will was entered for probate on October 13, 1890 in Mason County Court, State of Kentucky.