James McCartney’s last will and testament, dated May 21, 1814, bequeaths his 200-acre land in Muhlenberg County to his nephews, Thomas and James McCartney, with a contingency for Thomas Irvin if they don’t claim it. He also grants 100 acres on Pond River to Irvin, along with his horses and livestock to Thos. Irvin Sr. for disposition. Irvin is appointed executor and tasked with collecting McCartney’s accounts. The will was proven in court in August 1814, confirming its validity.
In the name of God Amen
I James McCartney of Muhlenberg Co. & State of Kentucky, being low in health
but of perfect mind and memory and calling to mind that it is appointed for
all man kind once to die, do make, ordain and publish this to be my last
will and testament.
Item 1st: I give and bequeath to my nephews, Thomas and James McCartney the
tract of land lying in the waters of Cypress Creek in Muhlenberg Co.
containing two hundred acres, entered, surveyed and patented in my own name,
to them and their heirs forever. But if they or either of them should not
come to this county and demand the same of Thos. Irvin, then in that case
the same is to decend and belong to the said Thomas Irvin and his heirs
forever.
Item 2nd: It is also my will and desire that the land I own lying in the
County aforesaid on the waters of Pond River containing one hundred acres
entered and surveyed in my own name be and the same is hereby given to the
said Thomas Irvin and his heirs forever.
Item 3rd: I hereby give and devise to Mary Jane Irvin my two bay horses, on
of which is seven years old this spring and the other horse five years old
this spring. Also my young sorrel mare four years old to her and her heirs
forever.
Item 4th: I also give and bequeath to Thos. Irvin Sr. all the balance of my
stock, consisting of horses, cattle, and hogs, and my farming utensils to be
hereafter desposed of in any manner he may think proper. And I also hereby
request and authorize the said Thos. Irvin to collect my accounts and keep
and apply the same to his own proper use. I hereby appoint Thos. Irvin Sr.
the executor of or to this my last will and testament, hereby revoking and
making void any other former will or wills by me made. and ratifying and
confirming this to be my last will and testament. In testimony whereof I
have hereunto subscribed my name and affixed my seal this 21st day of May
in the year of our lord one thousand eight hundred and fourteen.
James McCartney (seal)
teste: Thos. Irvin Jr., John Gavion,
Muhlenberg County SCT. August court 1814
The foregoing instrument of writting purporting to be the last will and
testament of James McCartney, deceased, was exhibited into court and proven
by the oaths of John Gavin, and Thos. Irvin Jr., Subscribing witness thereto
which was orded to be recorded
Att. Chas. F. Wing clerkSource: Muhlenburg County Kentucky Will Book 1, pages 209-211.