In the Name of God Amen! I, Martha Towler of the County of Henderson, and State of Kentucky, being in low health, but of sound and disposing mind and memory, do make, ordain, and publish this as my last Will and Testament.
First, I devise to my friend, John Baskett, One hundred and Ten acres of land lying and being in the County of Henderson and adjoining the land allotted to me as Dower, and the Same Conveyed to me by Edward H. Towler by
Deed, recorded in the clerk's office of the Henderson County Court. Also my negro Boy John, one Sorrell Horse Fox, five years old, One Derham Cow, and Progeny, On bed and bedstead and furniture, One Copper Still, One bottle Case, and my Crop including Corn, Tobacco and Oats, the growth and product of my farms, five head of Sheep; the above described property I give to my friend John Basket to be held by hm in Trust for the use and benefit of my son Edward H. Towler his heirs and assigns forever.
Secondly I give and bequeath to my Said Son James B. Towler One Black Horse.
Thirdly I give to my Grand Daughter Mary Ann Cheaney One Bed and worked Counter Pane.
Fourthly I give to my two Grand Daughters E.B and A.T. Towler the Daughters of Benjamin F. Towler deceased, One four Horse Wagon and Seventy five Dollars, it being the difference between my Boy John and the Wagon, but if Said Boy dies or any unforseen accident happens that he is deprived of him, the value of the wagon is to be equally divided between the heirs of Benjamin F. Towler deceased and my Son Edward H. Towler; the property or money for the heirs of Benjamin F. Towler deceased is to be left in hand of my Son Edward H. Towler for their benefit, without security being required of him. And as to the remainder of my Estate, I leave it to be distributed among my children and grand children, So that they get their Fathers or Mothers Part according to the laws of Kentucky.
I appoint my Two Sons Edward H. and James B. Towler Executors of this my will. Given under my hand and Seal this fourth day of June 1847.
Teste John Dorris
Whereas I Martha Towler having made; duly executed my last Will and Testament in writing bearing date he fourth day of June 1847--Now I do hereby declare this present writing to be as a Codicil to my Said Will, and direct the Same to be annexed thereto and taken as part thereof, and I do here Give, bequeath to my Son E.H. Towler all of my Stock consisting of Horses, Hogs, Cattle and S______ Settling my Just Debts, out of my Estate, with the execption of my Bell Cow, which I give to my Son James B. Towler.
In witness whereof I the Said Martha Towler have to this Codicil Set my hand and Seal, this the twenty fourth day of March 1848.
Teste John Dorris Martha "X" Towler
John R. Biggs
State of Kentucky January County Court 1851
This last Will and Testament of Martha Towler decd. and Codicil thereto annexed, were this dayproved in open Court, to the satisfaction of the Court, and ordered to be recorded. And the Same are truly recorded.
Attest Will D. Allison clk
[Will Book E, p. 587]
[Martha Towler was the widow of Luke Towler, who died in Henderson Co., Ky. on 23 Sept., 1827. He died intestate, so there is no will for him. Martha was the daughter of John Collier, who left a will in Nicholas Co., Ky. in 1820, and his wife Hannah Hamlett. Martha (Patsy) Collier and Luke Towler were married in Charlotte Co., Va. on 30 Sept., 1804. Luke was the son of Japheth Towler and Elizabeth Bradley, both of whom died in Charlotte Co. Martha (Collier) Towler was a sister of Claiborne Collier, who died in Henderson Co. in 1846, and whose will has also been submitted to the Henderson Co. Genweb archives). [Submitter: Ed Dolan, 7403 Flint #205, Shawnee, Kansas 66203; e-mail: firstname.lastname@example.org]
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