From Boone Co. KY Will Books. See 2nd paragraph of will:
In the name of God amen I Benajah Rice of Boone County and State of Kentucky being of sound mind and disposing memory but knowing the uncertainty of life desire too dispose of such estate with which it has been. Please God to help me do make constitute and ordain this my last will and testament in manner of allowing (viz.)
First my will is that all my just debts and funeral expenses be paid.
Secondly I lend my wife Hannah Rice during her natural life one negro man named Po; and one negro woman named Dee. Also one gray horse one feather bed and furniture and forty pounds cash.
Thirdly whereas I have already given to my daughter Salley Sims one hundred and ninety six pounds three shillings and four pence which sum I give to her and her heirs forever which sum is to be her whole and entire portion of my estate and the aforesaid Salley Sims nor her heirs is to have nor more of my estate whatsoever.
To Benjamin Rice two hundred and forty eight pounds one shilling and eight pence.
To John Rice Four hundred and eight pounds nineteen shillings and six pence.
To Betsey Glore two hundred and three pounds sixteen shillings and seven pence.
To Lewis Rice two hundred pounds.
To Polley Wright one hundred and sixty one pounds.
To Frances Cole one hundred and fifty punds.
To Nancy Hunton two hundred and forety eight pounds Three shillings and three pence.
To William Rice two hundred pounds.
To Elijah Rice Three hundred and sixty eight pounds nine shillings and ten pence.
To Edward Rice Three hundred and fifty eight pounds Eighteen shillings.
To Joana Sanders One hundred and sixty pounds.
To Ezekiel Rice Three hundred and thirty three pounds eight shillings.
And as some of my children aforementioned have received considerably more of my Estate than others as will appear from the foregoing items it is my will and desire that John Rice Elijah Rice Edward Rice Ezekiel Rice and Salley Sims before named shall keep the whole of the sums annexed to their names in the foregoing items and that the said Estate of money annexed to their names aforesaid shall be considered their whole and entire portion of my Estate and that the aforesaid John Rice Elijah Rice Edward Rice Ezekiel Rice and Salley Sims nor their heirs shall any or either of them hereafter receive any part or portion of my Estate real or personal whether in my possession at my decease or to be recovered thereafter. And whereas I gave to my son Edward Rice in the year one thousand eight hundred and eleven a power of attorney empowering him to sell and convey certain tracts of land in the state of Virginia for the proceeds of which sales is not to be considered any part of the portion or item which I have given him as mentioned in the item above but that the said Edward Rice shall account to me or to my heirs for the whole amount of the proceeds of such sales to be disposed of in such manner and form as I shall hereinafter direct.
Fifthly It is my will and desire that after my decease my executors shall sell every article of my Estate whether real or personal with all my lands in the state of Virginia Kentucky or else where on a credit of Twelve months taking bond with approved security and the money arising therefrom together with any money that I may have in my possession at the time of my death or any that may be collected on debts due to me after paying my Just debts as mentioned before shall be equally divided between those of my children hereafter named but in the following order. First those who have received least in advance agreeable to the foregoing item shall receive in all their parts respectively be made equal to those which may have received most but it is to be understood that this clause does not extend to the amount of their portions which will be left out in the division of my Estate agreeable to this will but only to the amount of the highest portion amongst those which shall be left as devices in this will that is to say between Benjamin Rice Elizabeth Glore The Heirs of Lewis Rice Polley Wright Frances Cole Nancy Hunton William Rice and Joana Sanders or their Heirs.
Sixth My will is that after the death of my wife Hannah Rice all the property that I have left her for and during her life shall be sold by my executors on the same terms and conditions that I have directed the act of my Estate to be sold on and divided between those of my children which I have directed all the other part or parts of my Estate to be divided amongst to wit to be equally divided between Benjamin Rice Elizabeth Glore the Heirs of Lewis Rice Polley Wright Frances Cole Nancy Hunton William Rice and Joana Sanders or their Heirs.
Lastly I do hereby ordain and appoint my son in law Thomas Wright also my son in law Michael Glore and my Grandson William Rice executors of this my last will and testament hereby revoking all other wills by me made and declaring this to be my only last will and testament.
In Testimony whereof I have hereunto set my hand and affixed my seal this thirty first day of December one thousand eight hundred & eighteen.
/s/ Benajah Rice (seal)
Signed Sealed & acknowledged
In presence of
Benjamin Stephens, Sen.
Boone County Court Decr. Term 1819
This last will and testament of Benajah Rice deceased was proanced in Court and proven by the oaths of Benjamin Stephens Senr. & Leonard Stephens two subscribing witnesses and Ordered to be Recorded.
And an Motion of Michael Glore one of the Executors therein named Certificate is granted him for obtaining a probate therof in due form whereupon he took the oath and entered into bond with Benjamin Rice and Wendell Love his securities in the sum of Four thousand Dollars pursuant to law. Liberty being reserved for the other Executors to Join in the probate when they may thus see fit.
Teste Willis Graves Clk. (seal)