Will and Estate Settlement of John Bartlett, Franklin County, KY


Franklin County, Kentucky

These documents were transcribed and contributed by Jean Abrams, descendant of John BARTLETT. She will be happy to help others researching this family.

Will Book D, Page 79
Franklin County, KY

In the name of God amen I John BARTLETT of the County of Franklin and state of Kentucky being advanced in age but sound in mind and memory thanks be given unto God for the same and calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament, that is to say primarily and first of all I give and recommend my soul unto the hand of almighty God that gave it and my body I recommend to the earth to be buried in a descent Christian burial, at the discretion of my executors: anything doubting. But at the general resurrection I shall receive the same again, by the mighty power of God and as touching such world by estate where with it has pleased god to bless me with in this life, I give and demise and dispose of the same in the following manner and and first. After the payment of any just debts I give the whole of my estate both Real and personal to my beloved wife Sally BARTLETT to hold use and enjoy the same during her natural life and after the death of my wife, my will is that my estate be distributed as follows.

First: I devise and bequeath the whole of my estate both real and personal and of all descriptions to, John MORRIS, George W. BARTLETT and James F. M. BARTLETT who are hereby appointed executors and trustees of this my last will for the following use and purposes.

My desire is that my executors do sell if thought most advisable to do so to the best advantage and in such manner and on such terms as they may judge advisable the whole of the estate to them conveyed in trust for the uses hereafter to be named after they have first entered into bond and security to be approved of by the county court Justice of Franklin and that they proceeds thereafter:

First: I give one Small Negro girl named Betsy to my youngest daughter Jane BARTLETT over and above an equal part with rest of my children and the remainder of my estate to be divided as follow.

The one thirteenth parts of the whole of my estate (except the Negro girl as above named giver to Jane BARTLETT) to each one of the following named.

Children: Willis BARTLETT; Anthony BARTLETT; Elizabeth BARTLETT; George W. BARTLETT; Emily L. BARTLETT; James S. M. BARTLETT; Jane BARTLETT.

And one thirteenth part of the remaining part of my estate my will is that is shall best put in the hand of my two sons George W. BARTLETT and James S. M. BARTLETT, in trust as my trustees hereby appointed for the use and safe keeping of the same to be given as need may require to the benefit and use as my children thereafter named, (or in a more particular meaning to be for the sole use of their increase and children if any they should have after my death. That is to say Polly BARTLETT, Thomas BARTLETT, John G. BARTLETT, Sally CIRLOT late Sally HAYDON and formerly Sally BARTLETT, Susannah CHRISTOPHER late Susannah BARTLETT, Maria BOSTWICK, late Maria TYLER and formerly Maria BARTLETT). upon the said George W. BARTLETT and James S. M. BARTLETT entering into bond with good Security to be approved of by the County Court Justice of Franklin duly to apply the same for the use of the Increase of the last named children (viz) Polly BARTLETT, Thomas BARTLETT, John G. BARTLETT, Sally CIRLOT late Sally HAYDON formerly Sally BARTLETT, Susannah Christopher late Susanna BARTLETT, Maria BOSTWICK late Maria TYLER formerly Maria BARTLETT and if they fail to give bond as above my wish is that it remain in the hand of my Executors for the use and benefit as above stated.

My will is that if any of my children shall be bearing no issues that the portion allotted to such child or children be equally divided between my three youngest children, to Wit. Emily L. BARTLETT, James S. M. BARTLETT, Jane BARTLETT, or such of the three as may be living if they should leave no Issue to be Given to such as may be living of the last three children. It is my further will and desire That if any of my children or Sons-in-law should make any permanent valuable and lasting improvement on any of my land and upon a division being made the improver not enjoy or getting said improvement it that they care they shall have a reasonable Allowance made to them for such improvement it is my further will and desire that all my children who has had any advancement make to them shall under a full account of the same in order that those that has not had anything give to them may have an equal division with those that has had such advancement made to them interest money. Where of I do here by let my had and seal on the fifteenth day of December 1834

Signed acknowledge and published in present of us.


Schedule and made as a part of my will more especially to explain the portion as allotted Sally CIRLOT, Late Sally HAYDON, and formerly Sally BARTLETT heirs is to be understood in the following way, my wish is that it is to be giver to her present children (viz) John HAYDON, William HAYDON and Mathew HAYDON and no other increase that she may have and the portion allotted to Maria BOSTWICH late Maria TYLER and Formerly Maria BARTLETT, is to be given to her two sons (viz) John TYLER and Charles TYLER her children now living with me. And respects the portion allotted to my daughter Polly BARTLETT is after her death to be given and go to her son Lemuel BARTLETT if then living. December 15, 1834

In addition to the above it is my wish that anything more be Given to John HAYDON, William HAYDON and Mathew HAYDON, children of Sally CIRLOT late Sally HAYDON and formally Sally BARTLETT, except one dollar each as they have received as much as their full part. May 28, 1835.

Franklin County October Term 1835 the last will and testament Codicil thereto of John BARTLETT deceased was produced in Court and it appearing by the oath of Alexander H. REMMICK and John L. MARSHALL that the said will the two codicil and the signature of said BARTLETT are all in his had writing and the same is ordered to be recorded which is done accordingly.


This indenture made this 23rd day of October in the year 1854 between William T. HERNDON Sheriff of Franklin County in the State of Kentucky of the one part and John C. HERNDON of the County and State as of said of the other part,

Witnessed: That whereas William A. JEFFERSON sued out of the Clerk Office of the Franklin Circuits Court Clerk Office for and against the estate of John BARTLETT deceased with hand of David WASH late Sherriff of Franklin County his name to be administered if sufficient if not then Office then of the estate which has come to Willis BARTLETT; Anthony BARTLETT; James L. RUCKER and Elizabeth is wife; George Washington BARTLETT; J. A. BARTLETT; J. L. DORMAN and Emily his wife; Jane HAWKINS; Thomas H. BARTLETT; Laura Jane BARTLETT; James BARTLETT; Lalinda BARTLETT; Sarah BARTLETT; Mary Ellen BARTLETT; William BARTLETT; Willis BARTLETT; Emily BARTLETT; Maria BARTLETT; Nancy W. BARTLETT; Elzore BARTLETT; J. G. BARTLETT; Sarah BARTLETT; Nancy E. BARTLETT; William M. BARTLETT; Robert BARTLETT; Martin BARTLETT; Harry BARTLETT; George BARTLETT and -------- BARTLETT; Lewis P. CHRISTOPHER, Susannah CHRISTOPHER, John J. CHRISTOPHER, Cordelia CHRISTOPHER, William CHRISTOPHER, Mason B. CHRISTOPHER, Charles M. CHRISTOPHER; William G. BOSTWICK; Maria BOSTWICK; Charles TYLER; Abner NATTING and Lucinda his wife; William BOSTWICK; James WILSON and Sarah his wife; Richard WILSON and Zelinda his wife; Heirs of John BARTLETT deceased.

By decent or devise for the sum of two hundred and twenty seven dollars with interest thereon at the rate of six per cent per annum form the 19th day of September 1834 until paid.

Also eight dollars 15 cents costs of such at law. Thirty one dollars 40 cents damages and Six dollars and 45 cents cost in Chancery and $41.90 cost bearing date the 11 day of August 1852 returnable to the acknowledged of said Court which fierifacas was directed and delivered to the sheriff of Franklin county and the said sheriff by virtue of the fierifacas aforesaid levied the Same eon a Certain track of parcel of land situate and being in the County of Franklin on the water of main elkhorn containing about four hundred fifty two acres being that part of the tract of land owned by John BARTLETT deceased which was set a part of the widow of said deceased as her dower in the landed estate of said John BARTLETT deceased in the such in of John L. DORMAN and wife against John BARTLETT Heirs lately determined in Franklin Circuit Court reference being made to said such and particularly to the Commissioner report showing the allotment of dower and the division of Said lands for ---- description of said land its boundary and which came to the debts the sum of John BARTLETT dec'd by descent or devise and the said debts execution on seen ----- having failed to give security for the payment of the said debt interest and cost the said sheriff as after said ------ or said ------ and according to the law of said state having legally advertised and made known the same ------ on the 15th day of November 1852 at the Court House door in the county of said expenses of sale by public vender or auction the after said tract of land with the apportion acres and All the estate right title and interest of them the said debts named in the said fierifacas to and over the same. And whereas the said John C. HERNDON did there then bid the sum of five hundred and eighty two dollars sixty five cents for the whole tract the same way then ----- who would say that amount for ------ quantity than the whole tract when the said HERNDON bid that sum for two hundred thirty five acres there of to be laid off commencing on the creek near the house occupied by Lewis P. CHRISTOPHER and to extend up and down the creek out from it so as to include that quantity in good shape and to include the improvement occupied by said CHRISTOPHER as the old BARTLETT residence and the whole to be laid off on the south side of Elkhorn Creek if there be sufficient land on that side to give that number of acres and on one offering that amount for a less number of acres the same way in due manner openly staked off and sold both said sum of five hundred and eighty two dollars and sixty five surly having cause this aid two hundred sixty five acres so soul purchased to be laid off by ------ by R. L. STEELE surveyor of Franklin County and the time allowed by law for the redemption of said land having expired and same not having been ----now therefore to confirm the said purchase to the said John L. HERNDON.

This indenture witness that the same William T. HERNDON sheriff of Franklin County for and in consideration of the sum of five Hunder and eighty two dollars and sixty five cents, when in hand paid by John C. HERNDON the receipt whereas ---- acknowledge hath given granted bargained and sold and by those present doth give grant bargain and confirmed unto the said John C. HERNDON his heir and assign ---- All that track of land afford seen and being in the County of Franklin on the water of main Elkhorn and founded as ----- ------ beginning at a stake and the bank of main Elkhorn the south side there of a short distance below the crossing of the main Elkhorn with it meander bending there on L32 degree east 28.88 poles south 81 1/7 east. 18 poles L 87'1w/5 20 poles n. 21 E. 45 - 20 poles n. 34 E 88-66 poles N 29 1/2 E. 35 - 20 poles L. 73 2/4 ?#. 14 poles L 63 1/2 E. 18-80 poles L 17 E. 22 poles L 25 NE 30 poles L 37 3/4 West 40 poles L 28 1/2 W passing the old BARTLETT house now occupied by L. P. CHRISTOPHER and including the same at 12 in all 54 poles L 21 1/2 West 24 poles South 14 west 14 poles L 9 1/11 W 30 poles South 7 E 26 poles to a stake a Short distance say 1/2 poles above two ashes ----- on the banks of Elkhonr thence south 3 8/4 W 196 poles W. A take in a sink hole near Will BARTLETT house on a Line of land sold ALEXNADER by John L. HAWKINS Hince with a line the same and with HOYLEs line N 59 W 139 poles to two white oaks --- Ben HOYLE said on PERKINS line and with Said suppose line 18 East 127 poles to the beginning containing two hundred Sixty five acres - two hundred sixty three acres being embraced in the line as and two acres between line and the water on main Elkhorn with the ---- to the same belonging and use ---- with all the estate -- right ---- and interest of the said ---- of the said John BARTLETT dec'd into and over the same and every part and hand of there of ---- all and singular the above granted and ---- ----- and ---- John C. HERNDON his heir and assigner known to the only proper ---- and behalf of the said John L. HERNDON his heir and assigner known in as ---- and ample a manner as the said William HERNDON sheriff as after Said by virtue of the authority as might or ought to convey the same.

In witness where as the said sheriff hath to set his hand and seal the date above.

  William HERNDON
Sheriff of Franklin County
State of Kentucky

I Alexander H. RENNICK, Clerk Office Franklin County Court to that the forgoing deed from William F. HERNDON, Sheriff of Franklin county to John C. HERNDON was produced to me in my office on the 25th day of October 1854 and was administrated by the said William HERNDON to be his act and deed as Sheriff as after and the same with the certificate having been truly receipted in my office. Witness ------ and as Clerk October 1854


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August, 1998. Format Updated March, 2012