Will of Charles Mitchell

transcribed and submitted by Kathy Reeves, descendent of Charles Mitchell

Shelby Co. Kentucky Book

  I, Charles Mitchell, of the county of Shelby and State of Kentucky, do hereby make my last will and testament in manner of form as followed that is to say, 1st, I wish that all my just debts and funeral expenses be first paid. 2nd, After the payment of my just debts and funeral expenses, I give unto my son Joab my farm on tract of land on which I formerly lived at the valuation of $1,500, also a negro boy named Grandison at the value of eight hundred dollars. 3rd, I give to my son Gideon a negro man named Henry valuation of six hundred dollars. Also a negro woman named Louisa the two children the boy William and girl I named Mary Ann at the valuation of six hundred and fifty dollars. 4th, I do hereby give unto my daughter, Sarah Baskett, a negro man named James at the valuation of $450 and a negro woman named Winny at the valuation of $300 and a negro girl named Jane at the valuation of $150. 5th, I do hereby will and desire that all my children shall be equal in point of property or money and that the residue of my estate whether the same consist of real or personal property not heretofore disposed of shall be so used and divided as to make each legate equal in point of valuation and if it should so turn out that there is not enough effects specifically my will and desire is that those of my children who have received the biggest portion of my estate shall refund or pay back to the other legates until they shall be made equal in the division of my estate. 6th I do hereby consent and give into possession of each legate  the property herein devised with the following understanding, that is to say, "That I am to have the support of the legates during my natural life". 7th I do here by constitute and appoint Gideon Mitchell and Joab Mitchell executors to this my last will and testament in testimony in where I have hereunto set my hand and effect my seal the 26th day of February 1840

Attest : N E Mitchelson, Alfred Baskett                                                          Charles Mitchell {seal}

Shelby County SS: August term 1842

A writing purporting to be the last will and testament of Charles Mitchell, dec.d was produced to the court whereupon Alfred Baskett one of the subscribing witnesses thereto being shows that the said writing is as acknowledged by said Mitchell as and for his last will and testament and that he believes that said Mitchell was of sound disposing mind and memory at the time of doing the same which is ordered to be certified and given unto next term for further proof

September term 1842

The writing purporting to be the last will and testament of Charles Mitchell was again produced to the court and thereupon N E Mitchelson, one of the witnesses there to being sworn states that said writing is as acknowledged by said Mitchell as and for his last will and testament and that he believes he was of sound and disposing mind and memory at the time of doing the same which will is ordered to be recorded and thereupon Gideon and Joab Mitchell the executors named in the said will came into the court and took upon themselves the ____ as the executors thereof and having taken the oath required by law tenured into bond with N E Mitchelson and James B Barnett their securities in the penalty of $4,000 conditioned as the law directs probate of said will is granted them in dire form of law

Attest:  James W Whitaker, clerk of Shelby Co

Shelby Co Sct. term 184

In the motion of Gideon Mitchell and Joab Mitchell into ordered that Tarlton Lee Jesse Basket Charles W Swain and Clark Thompson or any three of them being first sworn to appraise the slaves if any and the personal Estate of Charles Mitchell, deceased and that they return an appraisement thereof to the court.

           Attest:  James W Whitaker, clerk Shelby Co

Shelby Co Sct.

Be it known that on the 15th day of Sept 1842 Jesse Baskett C W Swain and Clark Thompson personally came before the undersigned a Justice of the Peace and was duly sworn to discharge the duties assigned them in the within order.

Gideon Mitchell, JP

Inventory and appraisal of the Estate of Charles Mitchell, dec'd made this 15th day of September 1842