LAST WILL AND TESTAMENT

of

EDWIN NANKIVILLE YELLAND

Will Book 1 Page 29

Be it remembered that I, Edwin Nankiville Yelland at present residing in the City and County of Philadelphia and State of Pennsylvania. Gentlemen being of sound mind, memory and understanding do make and publish this my last Will and Testament in manner following, that is to say -

Item:... After the payment of all my just debts and funeral expenses which I direct my executors hereinafter named to pay as soon as may conveniently be after by decease. I give devise and bequeath unto my son Samuel Earnest Yelland Twenty Five Thousand acres of land which I own in the State of Kentucky his heirs and assigns forever. Item:... All the rest residual and remainder of my estate real, personal, or mixed I give, devise, and bequeath the same unto my son Samuel Earnest Yelland. England Charles R. Cooper. 1831--Bowie's Steel - Philadelphia, Pa, and Horatio Nelson my daughter England to them their heirs and assigns forever. In trust nevertheless to sell to sell and dispose of the same and convert the same into money and the proceeds accruing therefrom to divide into Ten equal shares two shares thereof to be given to my Son Samuel Earnest; two other shares thereof to Horatio Nelson; one share thereof to Isabel Hetherington of Birmingham, England; one share thereof to Amy White of England; one share thereof to Annie my daughter of Southampton England; One share thereof to Helen my daughter of London England; one share thereof to Ada my daughter now of London England; one share thereof to Clare Gordon my daughter of England.

Item:...In the event of the death of any of the above named persons before they shall have received their portion or share as above mentioned then and in that case the share or shares that they were to receive is to be paid over to their child or children if any to share and share alike in the event of their leaving no child or children then surviving them and in that case the shares shall go to my residing estate and (Will Book 1 Page 30) be paid over to my Trustee as hereinafter provided except in the case of Horatio Nelson my daughter which is to be paid over as she may direct by her by her last will and testament. If any question should arise between the executors upon which they do not agree then the vote of two shall determine the said question at issue and the vote of either two shall be final. Item:...Out of the residue of my estate if any shall arise I give and bequeath unto Mrs. Emeline Cooper widow of the late Dr. Cooper formerly resident of 1103 Arch Street Philadelphia One Thousand Dollars; to Charles Cooper son of the said Mrs. Cooper the sum of Five Hundred Dollars; to A. Morton Cooper son of Mrs. Emeline Cooper I bequeath Two Hundred and fifty Dollars. To Manda Fernanda my secretary residing at 1442 No. 29th Street Philadelphia the sum of Two Hundred and Fifty Dollars. Lastly: I nominate constitute and appoint my son Samuel Earnest Yelland of Hove Brighton England, Mr. Charles R. Cooper 1831 Bonvire Street, Philadelphia and my Daughter Horatio Nelson England Executors and Trustees under this my will hereby revoking and making void all former wills by me at any time heretofore made, and declare this only to be my last will and testament.

In witness whereof I the said Edwin Nankiville Yelland the testator have hereto set my hand and seal this thirteenth day of May Anno Domini One Thousand Nine Hundred and Three (1903).

Signed sealed published and declared ]
by the above named Edwin Nankiville ]                                                  Edwin N. Yelland
Yelland the testator as and for his ]                                                                  *seal*
Last Will and Testament in the ]
presence of us who in his ]
presence at his request and ]
in the presence of each other ]
have hereunto signed out names ]
as witnesses thereto ]


Geo. W. Hinck ]
Thos. J. Hunt ] Witnesses to Will

Will Book 1 Page 31

State of Kentucky
County of Breathitt

I, S.S. Taulbee, Clerk of the Breathitt County Court, certify that the foregoing instrument in writing purported to be an unauthenticated copy of the Last Will and Testament of E.N. Yelland was produced to me in my office for record whereupon I have this day recorded same in my office. Witness my hand this August 29 1904
                                                                                                                                     S.S. Taulbee, CBCC
                                                                                                                                     By E. P. Landrum DC

State of Kentucky
Menifee County

I, H. N. Gore Clerk of Menifee County Court for the and State aforesaid certify that the foregoing instrument in writing purporting to be an unauthenticated copy of the Last Will and Testament of E. N. Yelland was produced to me in my office for record whereupon I have this day recorded same in my office and this certificate
Witness my hand this 19 day of October 1904
                                                                                                                                          H. N. Gore Clerk

State of Kentucky
County of Leslie

I, J. M. Howard, Clerk of the Leslie County Court certify that on this day the foregoing instrument in writing purporting to be an unauthenticated copy of the last will and testament of E.N. Yelland was produced to me in my office for record whereupon the same with the two foregoing and this certificate have been this day duly recorded in my office.  Given under my hand this 12th day of November 1904
                                                                                                                                        J.M. Howard Clerk

State of Kentucky
County of Perry

I, J. E. Johnson, Clerk of the County Court in and for the county and state aforesaid do hereby certify that on the 2nd day of December 1904 the foregoing instrument was produced to me in my office and lodged for record. Whereupon the same together with the foregoing certificate has been duly recorded in my office. Witness my hand this 2nd day of December 1904.

J. E. Johnson, Clerk
Perry County

Will Book 1 Page 32(top)

State of Kentucky
County of Knott

I, R. H. Amburgey, Clerk of the County Court in and for the County and State aforesaid do certify that the foregoing instrument of writing purporting to be an unauthenticated copy of the Last Will and Testament of E.N. Yelland was this day produced to me in my office and lodged for record. Whereupon the same with the four foregoing and this my certificate has been duly recorded in my said office.
Witness my hand this 26th day of December 1904
                                                                                                                                     R.H. Amburgey, Clerk
                                                                                                                                     D.  ? Madden DC

KNOTT COUNTY WILL BOOK 1 PGS 29-32
Transcribed by Debbie Tamborski
May 2006

Will Book 1 Page 92

The Last Will and Testament of  Edwin Nankiville Yelland

The Last Will and Testament.

Be it remembered that I Edwin Nankiville Yelland at present residing in the city and county of Philadelphia and State of Pennsylvania. Gentlemen being of sound mind, memory, and understanding do make and publish this my last will and testament in manner following that is to say

Item, after the payment of all my just debts and funeral expenses which I direct my executors hereinafter named to pay as soon as may conveniently be after my decease. I give devise and bequeath unto my son Samuel Earnest Yelland twenty five thousand acres of land (which I own in the State of Kentucky) his heirs and assigns forever. Item, all the rest residue and remainder of my estate, real, personal or mixed, I give devise and bequeath the same unto my son Samuel Earnest Yelland England. Charles R. Cooper 1831 Bouvier Street, Philadelphia Pa. and Horatia Nelson my daughter, England to them their heirs and assigns forever. In trust nevertheless to sell and dispose of the same and convert the same into money and the proceeds arising therefrom to divide into ten equal shares two shares thereof to be given by my son Samuel Ernest two others shares thereof to Horatia Nelson, one share thereof to Amy White of England one share thereof to Anne my daughter of Southampton England; one share thereof to Helen my daughter of London England, one share thereof to Adel my daughter now of London England, one share thereof to Clara Gordon my daughter of England. Item, in the event of the death of any of the above named persons before they shall have received their portion or share as above mentioned there and in that case the share or shares that they were to receive is to be paid over to their child or children if any to share and share alike. In the event of their leaving no child or children then surviving them and in that case the said share or shares shall go into my residuary estate and be paid over by my trustees as hereinafter provided except in the case of Horatia Nelson my daughter which is to be paid over as she may direct by her last will and testament. If any questions should arise between the executors upon which they do not agree then the vote of two shall determine the said question or issue and the vote of either two shall be absolutely final.

Item. out of the residue of my estate if any shall arise

Will Book 1 Page 93

I give and bequeath to Mrs. Emeline Cooper widow of the late Dr. Cooper formerly resident of 1103 Arch Street Philadelphia one thousand dollars to Charles Cooper the son of the said Mrs. Cooper, the sum of five hundred dollars to A. Morton Cooper son of Mrs. Emeline Cooper I bequeath two hundred and fifty dollars to Wanda Fernand my secretary residing at 1442 No 29th Street Philadelphia the sum of Two Hundred and Fifty Dollars.

Lastly, I nominate constitute and appoint my son Samuel Ernest Yelland of Hove Brighton England Mr. Charles R. Cooper 1831 Bouvier Street Philadelphia and my daughter Horatia Nelson England executors and trustees under this my last will hereby revoking and making void all former wills by me at any time heretofore made and declare this only to be my last will and testament.

In witness whereof I the said Edwin Nankiville Yelland the testator have hereunto set my hand and seal this tenth day of May anno domini one thousand nine hundred and three (1903)

Edwin N. Yelland(seal)

Signed sealed published and declared by the above named Edwin Nankiville Yelland the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto signed our names as witnesses thereto.

Geo W. Hunt
623 Walnut St.
Thos J. Hunt
623 Walnut St.

State of Pennsylvania
City and County of Philadelphia

On this the thirteenth day of May A.D. 1903 before me the undersigned a notary public of the commonwealth of Pennsylvania at Philadelphia personally appeared Edwin N. Yelland and acknowledged the forgoing to be his last will and testament and desired that the same might be recorded as such.

Witness my hand and official seal the day and year aforesaid.

Thos J. Hunt
Notary Public
623 Walnut St.
My commission expires Jan. 19th 1907

Will Book 1 Page 94
City and County of Philadelphia
Registers office Jany 7 - 1904

Then personally appeared before me Geo W. Hunt and Thos J. Hunt the subscribing witnesses to the forgoing last will (dated May 13 - 1903) of Edwin N. Yelland deceased and on their solemn oath did say that they were present and did see and hear Edwin N. Yelland deceased the testator herein named sign seal, publish and declare the same as and for his last will and testament and that at the doing thereof he was of sound disposing mind memory and understanding to the best of their knowledge and belief.

Sworn and subscribed before Geo W. Hunt
me the above date Thos J. Hunt
Chas Irvin
Deputy Register

City and County of Philadelphia
Registers Office Jany 7-1904

I do swear that as the executor of the forgoing last will and testament of Edwin N. Yelland deceased I will will and truly administer the goods and chattels, rights and credits of said deceased according to law and that I will diligently and faithfully regard and will truly comply with the provisions of the law relating to collateral inheritances.

That the said testator died on the 30th day of December A.D. 1903.
Sworn and subscribed before me Chas R. Cooper
the date above and letters 1831 Bouvier St.
testamentary granted unto him Phila Pa

Chas Irvin
Deputy Register

State of Pennsylvania
City and County of Philadelphia

Be it remember that on the seventh day of January A.D. 1904 before me Joseph H. (?Klesnves?) register of wills for the city and county aforesaid after due proof and (?ing) had according to the laws of the State. It is ordered and (?decreed?) that the last will and testament (dated May 13 -1903) of Edwin N. Yelland late of said city and county, deceased be duly admitted to probate and filed of record in the office of the register of wills of the said city and county.

In testimony whereof I have hereunto set my hand the day and year above within.
Joseph H. (?Klesnves?)


Will Book 1 Page 95

Commonwealth of Pennsylvania
City and County of Philadelphia
Register Office May 31 1905

I Joseph H. (?Klesnves?) register of wills and ex officio the orphans court for the city and county of Philadelphia in the Commonwealth of Pennsylvania do hereby certify the foregoing to be a full and complete copy of the last will and testament of Edwin N. Yelland, deceased, together with the Probate thereof upon which letters testamentary (?-?) unto Charles R. Cooper on the 7th day of January A.D. as the same remains on file and of record in the office.

In testimony whereof I have hereunto set my hand and official seal at Philadelphia the date above.

Jos H. (?Klesnves?), register
of wills and ex officio clerk of the Orphans C

State of Pennsylvania
Philadelphia County

I William B. Hanna President Judge of the orphan court of Philadelphia County do certify that the foregoing certificate and attestation, made by Joseph H. (?Klesnves?) Esq. Register of wills and ex officio clerk of said orphans court whose name is thereto subscribed and seal of his office affixed are in due form and made by the proper offices.

In testimony whereof I have hereunto set my hand this the 31st day of May in the year of our lord one thousand nine hundred and five (1905)

W.M.B. Hanna
President Judge


State of Pennsylvania
Philadelphia County

I Joseph H. (?Klesnves?) Esq. register of wills and ex officio clerk of the orphans court of Philadelphia County do certify that the Honorable Will B. Hanna by whom the forgoing attestation was made and who has thereunto subscribed his name was at the time of making thereof and still is President Judge of the Orphans Court of Philadelphia County duly commissioned and sworn to all whose acts, as such, full faith and credit are and ought to be given as well in court of Judication as (?elsewhere?). In testimony whereof I have hereto set my hand and affixed the seal of the said court this 31st day of May in the year of our lord one thousand nine hundred and five (1905)

Jos N. (?Klesnves?) Register of
and ex officio Clerk of the Orphans Court

Will Book 1 Page 96

Knott County Court June Register (?Tessi?) June 20th day 1911

In the matter of the probate of the last will and testament of Edwin N. Yelland.

This day and authenticated copy of the last will and testament of Edwin Nankin Yelland deceased, a resident of the city and county of Philadelphia and State of Pennsylvania and ask that said copy be probated as valid will of land owned by the said Edwin Nankin Yelland in the State of Kentucky at the time of his death and ask that the same be entered of record as such. It appearing to the satisfaction of the court from the authenticated copy of said will and orders of Probate thereto attached that the said Edwin Nankin Yelland died on the 30th day of December 1903 and that said will was probated in the city and county of Philadelphia and State of Pennsylvania on the 17th day of January 1904.

It is now ordered and adjudged by the court that said writing be and the same is now admitted to probate as a will of land in this commonwealth and the same so now ordered to be recorded as such.

Given under my hand this June 20th day 1911

Irving Napier, Judge of the
Knott County Court, Ky

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 will and testament of Edwin Nankin Yelland together with the order of probate thereof were this day produced to me in my office and lodged for record and that I have this day truly recorded it together with the forgoing and this my certificate.

Given under my hand this June the 20th day, 1911
R.H. Amburgey C.K.C.C.
By John Sturgill D.C.

Transcribed by Debbie Tamborski