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invisible.gif (929 bytes) Part 11D: Wills of Kenelm Peake, Rodolph Norris, Thomas Peak, and Aloysius Peak

11D. The wills of Kenelm Peak (Jan. 23, 1814) and Rodolph Norris (Apr. 9, 1812). Transcribed in Nelson County Records, B. C. Cook (1989).

 

Will of Kenelm Peak, asks that all just debts be paid, and gives to beloved wife Ann Peak all his lands and tenements, household and kitchen furniture, farming utensils, and all the horses, cows, hogs, and sheep except those hereinafter bequeathed to the children. To son Edward Peak, one bed and furniture, one roan mare colt two years old, two cows, and should he marry before his mother's death, one rifle gun, and the land that he rented from James Medcalf during the term of rental. To son Charles Peak a bay horse five or six years old by the name of Shirk, and testator's great coat. To son Edward and son Charles, one-half of all the small grain now sowed on the plantation, to be divided equally between them. To son John Peak, the riding saddle. To daughter Monica Peak, one bay mare 12 years old known by the name of Voltan, one bed and furniture, and one loom and gear. To daughter Hina Peak, one sorrel mare colt one year old. To daughter Jane Peak, one pied heifer two years old. To daughter Mary Peak, one black and white heifer two years old. To daughters Monica and Hena, and three youngest sons John Peak, Philip Peak and William Peak, one equal part of the lands and tenements so long as they live with their mother unmarried, and said three youngest sons to be reasonably educated by their mother and after her death the lands and tenements to be sold and equally divided between all the children, both sons and daughters, if daughters are still single, and said share of lands and tenements to remain in daughters' hands as long as they are single. Appoints wife Ann Peak and son Edward Peak as executors. January 23, 1814. Ignatius Hagan, Ignatius French, and James Medcalf, witnesses. Probated February 21, 1814. Edward Peak qualified and entered into bond of $2,000 with Walter Booth his surety.

 

Will of Rodolph Norris, "in perfect health", asks that all debts be paid, and gives to beloved wife Dorotha Norris during her life the whole estate, both real and personal, including household furniture, stock, lands and tenements. At her death, to beloved daughter Susanna Norris all the household furniture, to wit, four featherbeds and furniture, one loom and gear, one hackle, one woolen wheel, one linen wheel, one square table, one small chest, two pewter dishes and nine pewter plates, with all the household appendages, also one mare colt aged ten months, one side saddle and bridle. All the residue of the estate, including lands, horses, cattle, sheep, hogs, geese and fowls, after death of wife, being what remains of them, to be equally divided between nine children, Mary Norris, Bibianna Norris, Ann Norris, Jane Norris, Susanna Norris, Wilfred Norris, Richard Norris, Enoch Norris, and William Norris. April 9, 1812. Ignatius Medcalf, Felix Wimsett, and Ignatius French, witnesses. Probated February 21, 1814.

 

Second version of the will of Kenelm Peak, this copy filed as evidence in the 1825 court case over the final distribution of the estate. The validity of this copy was contested by Walter Boone.

I, Kenelm Peak of Nelson County, State of Kentucky, with sound mind, perfect memory and understanding, Do constitute, ordain, and appoint this as my last will and testament, Revoking and disannuling any former will or wills heretofore, first recommend my sould to almighty God, my Body to the earth from whence it was taken, and I do by these presents dispose of my real and personal estate in the following manner, to wit, after all my just debts be paid, Item, I give and bequeath to my beloved wife Ann Peake all my lands and tenements, household and kitchen furniture, my farming utensils, all my stock of horses, cows, hogs and sheep except those after willed and bequeathed to my children, Item, I give and bequeath to my son Edward one bed and furniture, one roan mare colt 2 years old, two cows, in case he maries before his mother's death, one rifle gun, the land that said Peak rented from James Medcalf to be his right during the term for which it is rented ~ Item, I give and bequeath to my son Charles a bay horse five or six years old known by the name of Shirk, my grait coat ~ Item, I give and bequeath to my son Edward and Charles one half of all the small grain now sowed on the plantation whereon I live to be divided equally between them ~ Item, I give and bequeath to my son John my riding saddle ~ Item, I give and bequeath to my daughter Monica one bay mare 12 years old, known by the name of Nollain, one bed and furniture, one loom and gear ~ Item, I give and bequeath to my daughter Hena one sorrel mare colt one year old; Item, I give to my daughter Jane one pied heffer 2 years old ~ Item, I give and bequeath to my daughter Mary one heffer black and white, two years old; Item, I bequeath to my two daughters Monica and Hena and three youngest sons John, Philip, William one equal part of my lands and tenements so long as they see care to live with their mother or to live in a single state, and that my three youngest sons John, Philip and William to be reasonably educated by their mother, and after the death of my wife my lands and tenements to be sold and equally divided between all my children both sons and daughters; if both my daughters be not married at the death of my wife, the lands & tenements remains in possession of my daughters so long as they remain in their single state unmarried. And lastly I constitute and appoint my loving wife Ann Peak and my son Edward Peak my executors of this my last will and testament ~ In testimony whereof I set my hand and afixt my seal this 23rd day of January, 1814.

Signed, sealed by Kenelam Peak as his last will and testament, and in the presents of us the underwriten subscribers and in the presents of them and in the presents of each other.

Teste his
Ignatius Hagan Kenelam     Peak (seal)
Ignatius French mark
James Medcalf

At a County court held for Nelson County on Monday the 21st day of February 1814 - the last will and testament of Kenelam Peak, Dec'd, was proved by the oaths of Ignatius French and James Medcalf, two of the subscribing witnesses thereto and ordered to record - And on the motion of Edward Peak one of the Ex'or therein named, having taken the oath prescribed by law and executed bond with Walter Boon his security in the penalty of $2000 conditioned according to law, it is ordered that certificate of Probate be granted him.
             A copy, Teste Tho. Grayson, Teste Ben Grayson, C. Able

 

Will of Thomas Peak, Meade County Court record provided by P. J. Morrison45.

Last Will and Testament of Thomas Peak.
Be it known to all persons that I, Thomas Peak, of the County of Meade and state of Kentucky, though feeble in body yet sound in mind, do hereby make my last Will and Testament as follows.
After my death I will in the first place that all my just debts & funeral expenses to be paid. In the second place I will & bequeath to my daughters Mary Ann Peak, Eliza Ellen Peak, Bibiann Peak, and Teresa Peak, during their single life my house and farm, farming utensils, household furniture and stock, horses, cattle, hogs, sheep & all that belongs to the farm. In the third place I will that each one of my daughters shall have one bed & bedding accompanied with one blanket, one coverlet, and four quilts. In the fourth place I will that if any one of them shall marry or though single leave the homestead place & make her residence in another place, she shall forfeit her rights to all the above named property except her bed & bedding & one blanket, one coverlet, and four quilts. Finally, I will and appoint my son Aloysius Peak to be the Administrator and Executor of my last will.
             Witness my hand & Seal this Twenty Ninth day of September One Thousand Eight Hundred & Sixty Eight

Thos. Peak (seal)

Fidelis Bickett |

his

|
Benedict (x) Hagan |       Witnesses

mark

|
Jacob Towell |

At a called term of the County Court began & held for Meade County at the Court House in Brandenburg on the 11th day of December 1871, the foregoing instrument of writing purporting to be the last Will and Testament of Thomas Peak dec'd was produced in Court and proven to be such by the Oath of Fidelis Bickett, One of the Subscribing Witnesses thereto, who being duly sworn stated that he witnessed said instrument in the presence of the other subscribing witnesses & in the presence of the Testator at his request & at the time of signing of the same he was of sound & disposing mind & memory, & again on the 19th day of Dec., 1871, Called Term said will was produced in Court & fully proven by the oath of Benedict Hagen another subscribing witness thereto, who stated an oath that he witnessed the same in presence of the other subscribing witnesses thereto & in the presence of the Testator at his request & at the time of signing and publishing the same he was of sound & disposing mind & memory, & the Court being satisfied with the proof adduced established said instrument as the true last Will & Testament of said Thomas Peak, dec'd, which was ordered to be entered of Record.
             Whereupon I have truly Recorded the same in my office at Brandenburg this 28th day of December, 1871.
             W. H. Gingholt

Dissolution of the will of Thomas Peak, document provided by Maxine Deckard47

Meade County, Ky., Jan. 29/72

             Know all men by these presents that we the Heirs of Thos. Peak , Sr., dec., do jointly and severally agree not to abide by the will made by our father dec. on the 28th or 29th day of September 1868, But that we do jointly and severally agree that all the property both personal , real and mixed of every description be sold to the highest bidders and an equal division made between all of us heirs after all the just debts are paid. It is understood that Rhoda Peak, an heir, is a citizen of Mo. & is not knowing and has nothing to do with this contract.

Witness our hands & seals to date above stated

Witness Aloysius Peak (seal)

W. R. Bickett

his

J. R. Spalding

Charles (x) J. Peak (seal)
mark
Mary A. Ritchie (seal)
his
Chesteen (x) Ritchie (seal)
mark
Z. Jones (seal)
Cecilia J. Jones (seal)
Stephen B. Peak (seal)
Eliza E. Peak (seal)
Biby A. Peak (seal)
Theresa Martin (seal)
his
John (x) J. Martin (seal)
mark
Francis A. Peak (seal)
Benedict J. Peak (seal)

State of Kentucky
                         Meade County Sct,
I, W. H. Gough, clerk of the Meade County court do certify that the foregoing instrument of writing was on this day produced to me in my office and ordered to be entered of Record, that the same and this certificate hath been duly admitted to Record in my office, this 21st day of June 1872.
                                                            W. H. Gough, clk.

Will of Aloysius Peak (Hardin County Court document).

Irvington, Ky.
October 17th, 1888

I, Aloysius Peak, being of sound mind make this my last will & request.
At my death I will & bequeath all my real & personal property to my beloved wife Mary E. Peak, to be at her disposal in any way she may wish.
     Given under my hand this Oct. 17th, 1888.
Signed in presence of
   R. M. Jolly and
   Ed Bennett

At a County Court begun and held for Hardin County at the Court House in Elizabethtown on Monday the 15th day of April, 1889, the foregoing instrument of writing purporting to be the true last will and testament of Aloysius Peak deceased was produced to court and proven in due form of law by the oaths of R. M. Jolly & Ed Bennett the two subscribing witnesses thereto as as such the same was established and ordered to be recorded. Whereupon I have truly recorded the same together with this certificate in my office this 23rd day of April, 1889.
                                                              John H. Wells, Clk.

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