Transcription of Westerfield McFadden's Will

Whereas I have the way conveyed to my son Jesse McFadden two tracts of land for which I paid $1025 and have heretofore given to my other children by my first wife lands and money to the extent of what I think just and equal to my ability to give and deeming it just and proper to make such division of my remaining lands and property as I deem just among my wife and heirs and my children now I do hereby give the farm where I live on Big Laurel and all the lands joining same to my wife Nancy to use during her life and at her death to be equally divided between David McFadden, Josephine, Edward and Westerfield McFadden I also give to said last named four children such other lands as I may own at my death and I also give to my wife Nancy such personal property money and etc as I may own at my death provided she remains my widow but should she marry and my estate becomes in any way endangered by waste or unprovident use then I demand that such steps shall be taken that will preserve the same absolutely to my four children last named.

Given under my hand this 9th April 1892

Att. R. L. Ewell

Signed J. W. McFadden (his mark)

Fariston, KY July 7, 1894 Whereas I have heretofore made and signed a writing purporting to be my last will and testament but failed to appoint and designate an executor I do by this writing appoint my son John McFadden my executor and direct that he carry out my will and make and settle up and adjust all my unsettled business of all kind I direct that he pay off all just debts I may owe empower him to sell such lands not heretofore disposed of belonging to me as may be necessary for that purpose if any and he is authorized make deed to such lands as may be necessary to be sold for that purpose and to make deeds to any lands I have sold and have not made title to I desire that if it should be deemed best for my children and my family to sell any of my Leslie County land that same be done and that my property real and personal after paying my debts and giving to my wife and children the lands and etc as named in my former will bear equally divided among my children I mean my four last children after all just debts are paid and this division shall be made by sale and division of proceeds or otherwise as my Executor with the help and advice of R. L. Ewell shall deem the best for all concerned.

To this extent I extend and enlarge my will heretofore me the same being at London at this time.

Att: R. L. Ewell

Signed: J. W. McFadden (his mark)

 

See Order Book J - 438

See Order Book L - 28 & 29

Ordered to be recorded

This will transcribed by Don McFadden, January 17, 2003.

Deed is recorded in Laurel County Court Clerk's Office, London, Kentucky at Will Book 4 Page 253 & 254.