LAST WILL AND TESTAMENT

of

John Hays

Will Book 1 Page 87

In the Name of God Amen.

I John Hays of the County of Knott and State of Kentucky being in febel health but call to mind the uncertainty of this life and willing to dispose of my worldly estate. Do make and publish this my last will recommending my soul into the hands of my creator hoping for the remission of all my sins through the mercies and meditation of Jesus Christ the savior of mankind. I dispose of all my worldly estate as follows to each one herein named.

I will and bequeath to my daughter Arminta Hays one hundred dollars which I have already given her. Also I will to my daughter Mary one hundred dollars which I have already given her. I also will to my daughter Martha one hundred dollars which I have already given her. Also I will to my daughter Malinda one hundred dollars which I have already given her. I also will and bequeath to David son of my daughter Seattie whom now is dead the following described boundary of land for him to have and to hold forever without any interruption from my heirs or anyone else and bounded as follows.

Beginning on a walnut at the lower end of the old (?long?) field thence a straight line up the point on the right hand side to the top of the ridge and thence out of top of the ridge to a (?conditional?) line made (?---?) Hays and Ben (?Smith?).

Will Book 1 Page 88

and thence up the left hand side with the top of the ridge to the head of a drain where the water pore over a cliff, thence down the drain to the creek and thence to the walnut tree the beginning. And it is my will and wish if any personal property on hand to be equally divided with all my (?---?). And it is my will and wish and so I now state that each one of the girls shall be satisfied with what I have given them out side of my real estate. In testimony whereof I have hereunto set my hand and seal this 21st day of November 1890.

J(smudge) Hays
His mark
Att
G. B. Allen
W. M. T. Osborn
David Cosby

State of Kentucky
County of Knott

I Henry Combs Clerk of the Knott County Court for the county and state aforesaid certify that the forgoing will from John Hays was this day produced to me by Daniel Hays in open court as required by the law and then was ordered to be placed of records of Knott County. Lodged for record May 18th 1891.

Given under my hand this 18th day of May 1891.
H. Combs C.K.C.C.

Knott County Court
In the matter of the Last will and testament of John Hays, deceased.

The forgoing instrument of writing purporting to be the last will and testament of John Hays, deceased of Knott County, Kentucky was this day produced in open court for probate and filed, and G.B. Allen one of the subscribing witnesses thereto having been first duly sworn deposed and said that the said John Hays, testator signed, sealed and declared said instrument as his last will and testament in the presence of the said G.B. Allen one of the subscribing witnesses thereto and in the presence of W.M.T. Osborn and David Cosby the two other subscribing witnesses thereto the day and date thereof and that he (?---?) G. B. Allen, W. M. T. Osborn and David Cosby (?---?)

Will Book 1 Page 89(Top)

(?---?) subscribing witnesses at the request of the said John Hays, testator in his presence and in the presence of each other.

Whereupon it is ordered by the court the said writing be and the same is hereby admitted to probate and ordered to be recorded as the true and last will and testament of the said John Hays, deceased.

Irving Napier
Judge of Knott County Court

State of Kentucky
Knott County

I R. H. Amburgey Clerk of the County Court for the county and state aforesaid do certify that the forgoing last will and testament of John Hays deceased and the order of probate of the Knott County Court was this day lodged in my office for record. Whereupon the same together with this certificate have been duly recorded in my said office. Given under my hand this the 19th day of December 1910.

R. H. Amburgey
Clerk of the Knott County Court

Transcribed by Debbie Tamborski
September 12, 2006